The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-03-10

Not to Be Public
''In the first place, the report of
Superintendent Shumaker was pre-
pared for the annual meeting of the
board Of trustees itself, and was not
expected to be a public document.
Neither superintendent Shumaker
nor the trustees who heard the mes
sage read thought that there was
any charge of infidelity set against
either the attorney general or the
courts Of Indiana. 1t was meant to
be a discussion Of the facts as they
appeared to the Anti-Saloon League,
and discussion which was based
on the reasons for certain action. or
lack Of action, on the part Of the
attorney general and his office
The League looks upon the Of
flee Of attorney general and the
courts Of Indiana as the real refuge
and defense of the people of the
State, and expects always the en-
forcement of all laws holding in
check the siminal elements of the
State. OF course, by the very rea-
son Of its existence, the League lays
strongest emphasis on the enforce
ment Of laws governing the 5ever-
age liquor traffic. But Il is farthest
from the wish or intention Of Super
intendent Shumaker or the trustees
Of the Anti-Saloon League to mis-
state, or misinterpret, in the least
any fact in this or any other issue.
Secondly, your statement With
reference to the keeping of the cal
endar of criminal appeals and the
number briefed and in the hands OF
the Supreme Court, while it throws
light on the question, does not COM
pletely answer the matter which you
hold is a charge against your office
The records in the office Of the
clerk of the Supreme Court show
that in the past year there have
been seventy three cases on which
extension of time was asked for fiji
ing of briefs
'In sixteen of those cases. a sec
ond extension was requested. In
eleven of those cases, a third ex-
tension was requested. In SIX of
those cases, a fourth extension was
requested. In one of these cases,
seven different petitions for extern
sion Of time We're filed. And, while
we recognize that petitions for an
extension of time may be sometimes
advantageous to the State, and some
such petitions seem to be inevitable
no matter how industrious the Of
flee may be, yet we submit that the
above does not justify the sweeping
declarations made by you in your
letter. Moreover, examination in the
Court shows that in eight cases the
time for filing Of briefs was allowed
to LAPSE WITHOUT EITHER FIJI
ING OR PETITIONING FOR EN-
TENSION OF TIME. and that later
you had to petition the court for
leave to file briefs. We are not CIT
ing these cases In accusation, but In
justification Of the statement pre-
scented in the superintendent report
Questions Figures
you state that during 1925. nine
ty-five criminal appeals were de-
cided; twenty-eight. Of these, or q
per cent were reversed while in the
flve-year period Immediately proceed
ing your tenure there were 274 APP
peals decided, ninety-two of which,
or 1914 per cent were reversed. We
find on investigation that there were
ninety-three criminal cases decided
by the Supreme Court in 1925. OF
this ninety-three, Sixtydve were
affirmed and twentyeight reversed.
OF these same ninety three cases, the
brief Of the State was filed in sixty
five cases by L. S. Lesh, attorney
general, or previous to Jan. 1st,
1925. The other twenty-eight We're
filed after Jan. LIST, 1925, or during
your tenn. OF the sixty-five briefed
by U. S. Lesh. forty-seven were
affirmed and eighteen reversed. The
percentage of reversals being 243
per cent. OF the twenty-eight cases
briefed since Jan. /. 1925, or during
your term, ten were reversed and
eighteen affirmed, or a percentage
Of reversals of 35.7 per cent. Already
during the year 1925 there have
been thirty-four criminal appeals
decided by the Supreme Court. OF
the thirty-four, eighteen were re-
versed and sixteen affirmed, making
cent.
OF the eighteen cases reversed so
far in 1926 the records disclosed that
u. s.. Lesh briefed eight of the
eighteen, while the remaining ten
were briefed during your term. Since
Jan. 1, 1925, of the cases decided by
the Supreme Court, thirty-eight Of
the cases were those briefed dur
ing your term. o this thirty
eight a total Of twenty have been
reversed, showing that Of the total
number Of cases that have been de-
cided by the Supreme Court since
you took office and in which your
office has filed a brief, twenty have
been reversed. or percentage Of
52.6 per cent.
Gilliom, the trustees also charged,
approved a reduction in the budget
for liquor enforcement activities Of
his office from $4,000 to $4,000 per
year and the letter says 1--WE are re-
liably informed that two very eff
ficient Secret Service men employed
by the attorney generals office pre-
vious1y were released by you and
are now in the employ of the United
States Government
Release of John McCord. after