The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-19
THE DEARTH TRIAL

When the Senate meets on Monday to sit
court of impeachment in the case of Judge Clar-
ence W. Dearth of Muncie, it will make history.
For the first time, far as the records disclose,
has any legislature asserted it's right protect the
freedom of the press from invasion on the part of
the judiciary.
That trial, of course, must first disclose the truth
falsity of the charge that a Judge, by his I'M
warranted acts, through confscaton and the
zation of newsboys, actually nterfered with the
guaranteed freedom to print and publish.
The lower house of the Legislature has made
this charge and has declared, in formal language,
that to interfere with this guarantee under the
Bill of Rights is to be guilty of corruption and
high crime"
The guilt innocence of Judge Dearth may
safely be left to the judgment Of the Senators after
they have listened to the evidence.
But of as far reaching Importance is the de-
cision finally, as to whether the people have any
protection against acts of tyranny whether the
guarantee of rights to be saeguarded only through
the slow political processes of defeating for Office,
those who may overthrow them.
The right Of free press gained slowly and
at great cost. When the first printing presses were
taken England at the time of Henry the Seventh,
those ertrenched in power saw danger if the
printed page should be free to the populace.
The right to print a royal privilege, granted
only by royal favor, taken away if royalty
offended, granted only to those who would sing in
sycophantic praise Of royalty.
The machinery of printing was under royal drec-
tion and control lest some time, the people might
gain some knowledge that would later appear in
dissatisfaction and discomfort
Queen Elizabeth, forced by growing demand
for greater freedom in printing, relaxed far enough
to permit books properly censored of course, to
bo tIob ocic r;,rIon Auth
maintained the right to control public thought
through censorship of the printed page
The real freedom of the press came only
through revolt and revolution and gained place in
the written law of any nation when it was PLACED
in the Bill of Rights by Thomas Jefferson.
1t has not often been necessary for the people
to assert this right or to defend it, But always the
Bourbon thought resides in the seats of power that
the people need mental guardians that censorship of
some more less open sort should be maintained.
and that the one limitation that suffer for any
lies and falsehoods they print is not enough.
Yet any invasion Of the freedom of the press
may lead to the other days when royal favor con-
trolled the printing press.
The law has kept pace with the ideal of free
press in furnishing legal remedies against any one
who abuses that privilege
Those who SANDER can be forced to pay dam
ages They be sent to Jail if they are vicious
and malicious and outrageous.
These laws the real defense of the people
against abuse of that right which was so brief
time ago as history is written a privilege.
1t is sacred right, so sacred that one branch of
the indiana government has asserted Its power to
protect and defend it against invasion by another.
1t is upon this phase of the matter that the
Dearth trial becomes the most important official ham
pening in Indiana in recent years. ecpsng in signif
canoe the passing scandals and the various uphevals
This will determine, in all probability whether
that Bill of Rights means anything