The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-05
COMPETENT MINDS
Just what is a competent mind

just what is a competent mind
The question is raised for the members of
the Legislature by the comments of Attorney
General Gilliom, who in advising the Governor
not to name temporary judge at Muncie dur
ing the impeachment of Judge Dearth, also
gave his opinion of the Legislature and Of
large group of lawyers.
can intelligent and unprecedented con
sideration Of the Constitution, cannot, in my
opinion, leave a competent mind in such
doubt, is his message to the Governor
That rather leaves the suggestion that
Ralph Kane, to whose competency the at
torney general a few months ago gave evil
dence by obtaining for him stable fee for
services out of the Governors contingent
fund, has no competent mind.
It places the same Indictment and charge
against some very prominent lawyers who told
the members of the Legislature that,the opin-
ion of Kane was correct and that Gilliom was
wrong.
1t makes Nejdl, the road contractor from
Gary, the great constitutional mind of the
State Senate, the only possessor of a competent
mind and every lawyer in that body in
competents and nitwits.
OF course, they may be prejudiced. The
unprecedented mind Of Lawrence Cartwright,
vice chairman Of the Republican party, who
endeavored to check the power Of the Legis-
lature to impeach, is chief reliance of the at
torney generals attitude.
Perhaps the Legislature, when it i'm
peached Judge Dearth, was bowling mob.
Fortunately the opinion of the attorney
general carries evidence on the question of
prejudice, for it went far afield of the request
of the Governor as to his legal duties and
lodged an Indictment against the Legislature
and the House which may arise later to
plague him.
"Such restrictions were placed in the
Constitution by wise men and were soemnly
adopted by the people under calmer counsels
and on broader and deeper considerations than
were in exhibition when the impeachment in
question was voted" is what the attorney gen.
eral says about the House of Representatives.
1t is something new in the history of the
State for the chief legal adviser to indict and
convict the legislative branch Of being mob,
moved by passion, eager for blood and casting
aside the Constitution in order to get it's vic
TIM
He should be more specific or say nothing
at all. If he has discovered that the Legisla-
ture has resolved itself into crowd Of i'm
passioned, excited, lawless men, he should have
asked the Governor to suppress it by the
militia-which would be in keeping with some
other recent incidents.
Competent and calm minds are desirable
It is interesting to note that the attorney gen.
eral, giving not an opinion on law but on the
Legislature itself, taking occasion to give adj
vice not on law but on the conduct and actions
Of the Legislature, has furnished the best evil
dence of exactly where such an attitude does
NOT exist.
Fortunately he has furnished, in his opin-
ion, reason for obtaining from the Supreme
1 Court of the State, which may escape any such
Indictment of incompetency Of mind and ex-
element of mental processes, decision which.
will definitely decide whether the people have
power to protect themselves from judicial
tyrannies.