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

With an opinion of attorneys OF
high standing that the Legislature
has power to impeach a judge before
it. Judiciary "A' Committee of the
Indiana House of Representatives
met this afternoon to determine
what shall be done with the peu-
tions of hundreds Of Muncie Qnd)
citizens for impeachment of Circuit
Judge Clarence w. Dearth.
The committee also has before 1T
an opinion Of Attorney General
Arthur l.. Gilliom that the Legisla-
ture cannot impeach a judge.
An argument before the commit
tee upon the law, as set out In the
conflicting briefs, was regarded as
possible.
Chairman J. Glenn Harris OF the
committee was to preside.
In the meantime, members of the
LEGISLATURE were asking for def
mite information concerning Muncie
conditions.
Prosecuting Attorneys May Appear
Prosecuting Attorney Joe Davis
and Francis Shaw, attorney for the
Municipal League at Muncie, were
expected to be in Indianapolis some
time today and may be given an op-
portunity to give evidence as to the
conditions which prevail in NMuncie
and the part played by Judge
Dearth.
There was an under current OF
discussion about the Legislature
which expressed the belief that a
most serious situation exists and
that IL the Legislature has power
to investigate and apply a remedy.
do so.
1t is pointed out that The Leg
islature has refused to accept the
opinion of Attorney General Gilliom
on other matters, notably the salary
raise of legislators themselves, and
that it has ample precedent for pur-
suing the remedy written into the
statutes, especially as lawyers of
high standing have declared that the
Legislature has power to act.
Members Interested
Several members declared that
they would press for complete
investigation of Muncie and the ac-
ton Of Judge Dearth in ordering the
seizure of thirty-eight newsboys and
the confiscation Of their papers, an
act interpreted as forcible suppress
sion of the press.
The parents of a number Of news
boys whose papers were taken sent
petition to Representative John
Scott who filed the first petitions
asking for impeachment. The par
ents charge that the judge violated
the provision of the Constitution
guaranteeing freedom from confisca-
ton of property without due process
Of law and ask for his impeachment
on the ground of such violation.
Attorneys for Judge Dearth were
quoted in Muncie newspapers, which
have been friendly to Dearth, as
jubilant over the Gilliom opinion and
declaring that this opinion would
save their client from any danger of
impeachment proceedings. Judge
Dearth was quoted as saying that he
had done nothing for which he could
be impeached.
Question Unsettled
While he admitted that the Su-
pHeme Court never has decided the
precise question at issue, Attorney
General Gilliom gave to Chairman
Harris an opinion that the Legisla.
hture has no power to impeach Judge
Dearth. He said the law affords re-
lief in other directions from the acts
charged in the petitions for impeach-
ment of Dearth presented by Muncie
citizens.
Representative Harris said he also
had received an opinion that the
Legislature could not act from At
torney Lem Darrow, La Porte, Ind.
Darrow held that the State constitu-
ton Of 1852 took the power to i'm
peach State officials away from the
Legislature and gave it to Supreme