The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-02-28
AN AMAZING SITUATION

AS long as judge stays out of the peni-
Tertiary he cannot be removed from office.
He may tear the Constitution into rib
bons, ride rough shod over the Bill of Rights,
perpetrate any tyrannies of any kind and re-
main on the job. The Legislature can not re-
move him, as it could remove a Governor who
betrays his trust.
The higher court cannot touch him. Only
and after in some court, probably his own, he
has been convicted of corruption or high
crime" can he be removed
Such is the amazing situation if the law
is correctly interpreted by the attorney gen
eral Of the State.
It is true that other lawyers have declared
that the Legislature has the power of impeach
ment.
It is certain that the Legislature at one
time tried to take that right to protect the peo
pie from tyranny and injustice and to write
several pages of laws describing in detail the
method, the procedure and the means by which
judges who had outraged public decency could
be tried before the Senate and removed from
office.
It is also true that the Supreme Court of
tbs State has never passed directly upon, the
right of the Legislature to impeach judge
and that the opinion Of the attorney general
on the subject is just as an opinion.
On other matters this Legislature has not
accepted the opinion of the attorney general
That was notable in the opinion in which he
held invalid the attempted raise Of their own
salaries. The members Of the Legislature con-
sidered that so grave matter that they sent
lawyers to the Supreme Court to discover
whether or not he had interpreted the law
properly.
If the opinion of Mr. Giliom is accepted
as the law of Indiana and no step is taken by
this Legislature to test it or to remedy it, then
the Constitution in this State has ceased to
operate and there is no such thing as freedom
of speech.
There is no debate as to the facts in the
charge made against Judge Clarence W.
Dearth Of Muncie.
Not even his attorneys, who shout in glee
that there is no power that remove him,
have denied that he ordered thirty-eight
newsbobys arrested without warrant, that he
took away their papers and by that act actual
ly did suppress an edition Of newspaper.
He stands alone in all the history of this
country as the one judge who has dared to do
this thing
The incident is the first of it's kind ever
attempted by judge in this or any other
State
The only explanation given by his friends
and defenders is that he acted in haste, son
the spur Of the moment and that he might
not do the same thing again.
There is no question that Muncie is
muzzled. Lawyers privately admit that they
do not dare to express their opinions. Ministers
have consulted lawyers as to how far they
dare criticise this judge and stay out of Jail
on charges of contempt. Merchants and bank
ers admit fear.
There is no denial of the fact that the
judge, acting judge, invaded two rights
guaranteed by the Constitution. Yet he re-
mains on the bench The Legislature is asked
to surrender, without test, the right which
was written into the law in 1897 to remove
judges by the impeachment process.
The people of Muncie who ask the removal
of this judge that their lips maybe unlocked
and freedom of speech be returned to their
city are told that only after judge has been
convicted Of corruption, or high crime" can
he be removed.
If there be higher crime than judicial de-
NAL of constitutional guarantees of the right
of free speech and Of freedom of confscation
Of property without process of law, only
slave could name it,
The situation is more than amazing. 1t is
appalling.
And in that situation, certainly the Legis-
lature can not hesitate to do one~of two things
or both
1t should. submit an amendment to the
Constitution which will make clear that judges
can not perpetrate tyrannies, defy the Consti-
tuition and hide behind the thought that the
Legislature can not remove them.
1t should not accept any opinion as to the
invalidity of the present laws giving the power
IN inonna oh until the Sunrema Court of the