The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-22
PAGE Is

the Legislature brings the charges
and the upper hears them.
Impeachment is different. "Mc-
ISesson contended. Your power OF
infiicting penalty Ia limited TO re-
moval from office and disqualin'
cation. The offender Is tried
as an official. not as an individual.
II does not touch either his person
or property. You represent the peo-
pie in this matter and you must try
an official for political offenses, for
no one else has the power TO do so.
"Your jurisdiction extends TO oil
public officials who have violated a
public trust or duty. This would in-
clude not only circuit Judges, but
judges of the Supreme Court, and
even the Governor OF the State.
"If an official must be convicted
of a felony In court before he can
be tried here, then we may as well
wipe out all impeachment laws.
"What Chance?"
what chance would tho people
have If they must indicte n judge
in his own court and before his
own grand jury? You know that
it was not the purpose Of the found
ing fathers Of this Republic 60 build
up a tyrannical form OF government
under such a construction OF the
Constitution.
as there a penalty for such an
act as suppression Of freedom OF
press by a judge? Freedom OF press
and speech are the very foundation
stones OF our Government. Can there
be a remedy for confscation OF prop
erty by a judge without due process
of law?
81 regret that the issue has not
been Joined in the courts so that
the constitutionality OF the law could
be decided before you convened, but
you know who is TO blame In this
matter. Costs could have been ellm-
mated, but now II is too late. Why
was It that this was not done?"
Political Trial
Hammering away at the contens
ton made by defense attorneys Nc.
Kesson charged that an impeach.
ment proceeding Is n political trial.
"0ur courts are useless II we
have no law by which we can
make our courts behave" he de-
clared.
'I do not believe" the chairman OF
the House Managers said. that tho
Supreme Court will say to the peo-
pie of Indiana, Your hands are tied
Judges can do what they WISH at
trials, they can suppress news.
papers, they can conhscate property
without process OF law
McKesson did not stay within the
strict confines Of n legal interpreta-
ton as Van Nuys had done.
"The Senate has a right TO hear
our evidence-they have n right
20 convict II the evidence bears II
out and then say what shall be
DONE" said the spokesman for the
prosecution.
Coming to the peroration OF his adj
dress McI<esson said:
/ u no uOb UtiltNG Nlitb SUu aAV
going to nulIify our impeachment
law. / do not believe that you are
going 60 say 10 us that there Is
no way by which n judge can be
brought TO trial for wrong doings
that do not happen 10 carry with
them impeachment. do not be-
Iieve that you are going TO say TO
us that there Is no way to bring
Clarence w. Dearth before the
bar of justice.
Remedy OF People
"You are to pass on the PROPOSE.
ton as to whether the people have a
remedy when a judge is gully of
political offenses which do not carry
with them fines and sentences.
"You. sirs, are to pass on the
proposition as to whether a judge
can suppress n newspaper. man.
handle the Bill OF Rights, confscate
property without due process Of law,
or tamper with juries."
Larry spoke in rebuttal for defense
contention on the demurrer. lie Inn
medlately launched into an attack
on the constitutionality of the act
under which the impeachment had
been Brought.
ut makes no difference what the
facts may be-" Larry said, 'if the
law is unconstitutional"
Larry then said that the Senators
were sitting as judges and had the
right that is given every judge TO
say whether a law be constitutional
or not.
The quiet. even. monotone OF
Lairy's remarks was broken by Sena'
tor w. +. Hodges OF Lake County,
as TO whether or not corruption In
volved moral turpitudre. Larry was
plainly discounted. but addressed
himself 70 Hodges with an explains
ton that did not seem to convince
the northern Indiana Senator.
Questions Asked
Dearth's attorney had hardly raj
lied when Senator Thomas II. Brana-
man of Brownstown wanted 10
know If there might not be cor
ruptlon that has not been defined
as n crime"
Running his hands through a
shock OF snow white hair Larry slow
ly said: There might"
Then Senator oliver Kline, econ.
omy advocate OF the recent session
of the Legislature, queried;
GLOW can we get this judge In
position before the Supreme Court
so that he could be tried, II, rs You
say. that Is where the remedy
lies?"
For n moment Larry hesitated--
he recovered quickly and then said,
"If this man, has done an act OF
corruption. he should DO charged
with it in an affidavit or an indict-
ment."
Larry was explaining that q con-