Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-01-07
.HABEAS CORPUS
SUIT DELAYS
FINAL ACTION
Released Pending Hearing on
Civil Court Plea Set for
Jan. II.

Richard Sipe, county clerk, arrest
ed yesterday afternoon, evaded imme-
diately serving sentence of five
days at hard labor given by a state
militia court-martial by appealing to
Circuit Judge Louis Ewbank
Judge Ewbank, before whom Sipe went
with a petition for writ Of habeas
corpus Immediately after being arrested,
set the matter for hearing Jan. IL. He
then will listen to Sipe's charges that
there is no authority for the existence
Of the state militia.
Sipe did not respond to call co duty
with the militia at Gary, He was court
martialed and ordered deprived of all
allowances, dishonorably discharged and
sentenced to serve five days at hard la
Dor. After many delays Gov. Goodrich
directed that the sentence be served at
the penal farm and Sipe was arrested
this afternoon in his office in the court
house by Sergt Friel of Company D,
Second regiment, and Clarence +.
Thomas.
After the arrest the party went to
Judge Ewbank's court. Judge Ewbank
said the question involved was one of
law, and that there was no need to
hurry the decision. He fixed Sipe's bond
at 81 900 and notified Adjt. Gen. Harry B.
Smith, who was called into court, that
Sipe was in custody of the court. Smith
said he was willing to waive the bond.
A crowd which damned the corridor
of the county building in front Of the
clerks Office was on hand when Sipe
was arrested at 2 10 o'clock.
sipe was not in his office at the mo-
nent Sergt. Friel and Private Thomas
arrived to arrest him. He appeared in
few minutes and shook hands with the
military men as they introduced them
selves
AS soon as the soldiers told Slpe he
was under arrest Deputy Sheriff Ed Kuns
stepped forward and presented the ORDER
asking that the prisoner be delivered int
court
Sipe displayed some nervousness as he
left his office with the military men.
Sipe alleges in his petition that he
was unlawfuIly arrested and is now IN
lawfully restrained of his liberty and
held in custody at the city Of Indian
apolis."
He alleges that he is being deprived
of his liberty by the actions "of an al
legged general court martial of the In
diana state militia, which assumed and
pretended to try him on certain charges.
Sipe states that this pretended court
martial fixed his punishment at five days
hard labor on the Indiana state farm, to
be dishonorably discharged and forfeit
all pay and allowances.
Sfpe alleges that he is being restrained
of his liberty:
Because the Indiana state militia, to
which he is alleged to have failed to re-
port for duty, was organized without
warrant of law and that there Is no law
or legal authority for its existanee as a
military organization.
Because the organization and main
tenance Of the Indiana state militia is
prohibited by law.
Because the court martial which tried
Sipe had at the time of the alleged hear
ing no legal existaRce and was not or
ganized in pursuance of any law.
Because the alleged general court
martial had no jurisdiction to try Sipe
on the charges
Because the court-martial had no legal
authority &c order Sipe confined at hard.
labor or forfeit his pay and allowances
Because the court-martiaI did not try.
Sipe on any charges which was preferred
against him. =
Because Sipe is a public official and is.
required by law to keep his Office open
every day except Sundays and the Fourth
of July, and that he was not subject to
any orders of the so-ealled Indiana state
militia On account of being a public
official.
Because the proceedings which are now
restraining Sipe are without warrant or
authority of law and is absolutely and
wholly void"
Sipe asks the court to issue a writ of
habeas corpus at once discharging him
from such restraint.