The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-08-06

Minority opinion, which
found all defendants not guilty,
was written by Martin. Judge
David A. Myers wrote the ma
jority finding and it was con-
cured in by Chief Justice
Julius G. Travis and Judge
Benjamin NJ. Willoughby.
The case was instituted last year
by Attorney General Arthur L. Gill
liom, who asked the court to cite the
trio for contempt. Action was based
on criticism of the court, published
in the 1925 report Of the League
ana-the American Issue, the
Leagues official organ.
Martin was held guilty in that he
admitted voting APPROVAL Of the Shu-
maker report.
The Myers opinion pointed out
the narrow view of justice eX-
pounded by Shumaker and his
threat of political extinction for
Judges who refused to concur.
Threat Is Cited
1t reads in part as follows:
According to the Shumaker idea
of the Constitution, as set forth in
his response, all persons guilty OF
crime are outlaws and not therefore
entitled to the protection of the con-
stitutional guarantees. That is the
rule announced for this court TO
follow, regardless of the oaths of its
personnel to support the Federal
and State Constitutions.
For a failure of this court so to
comport itself, the members thereof
are referred to the fate Of one Of
the present judges who was up for
reelection in 1924"
This reference is to Judge Will
loughby. who was reelected by but
one vote. Shumaker termed him
"wet" and said he was holding Of
flee on a technical victory.
The opinion points out that such
threats of autocratic power were
made to influence the court to rem
der decisions "to coincide with the
prejudiced theories and notions OF
one whose livelihood is sustained
apparently by donations from the
people, obtained either by fair or
false means"
admits He's Clergyman"
Respondent Shumaker admits
that he is member of the clergy"
the opinion continues, land thereby
gains admission to the pulpits of
various churches of the State, which
he uses to arouse the people Of the
State into contributing money for
the furtherahce of the cause he
represents and for use in primary
and general elections for the pur-
pose of electing persons to office,
members of the Supreme Court, who
are dry the word dry so used
meaning a prohibitionist.
Moreover, it clearly appears from
the report, supplemented by admis-
sions in his response, that he is
capitalizing the fact Of his clergy
membership to impress the people
with the truthfulness and fairness
of his statements that this court. by
splitting judicial hairs in liquor
cases, holds that the guilty must
be turned free and 'substsntial
justice has been defeated repeated
ly.' These statements are false"
Courts Not Masters
Directing attention to the Shu-
maker statement that the courts are
servants and not masters of the
people and open to criticism the
Myers opinion states:
''It is true that the courts are not |
the masters of the general public,
not even single individual, but it is
true that the courts are not |
to decide the questions of |
law according to the power to ap-
point or to elect or otherwise.
Courts in this country are sub
servient to the Constitution of the
United States, the Constitution of
this State, and to the established law
of the land only and to no other
earthly power.
ut would be monstrous If any