The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-01

shopping, and it must have been all
of . o'clock in the morning before I
got over there" said Shaw.
Il guess the other boys must have
been doing a little Christmas shop
ping, too" commented a committee
man.
Shaw said he had seen Dearth pre-
pare lists of names from the tele-
phone directory and give them to a
jury commissioner. He said jury
commissioners We're paid $577 last
year in Delaware County. They draw
only SO a day. Ordinarily jury COM
missioners are supposed to draw
enough names at one time to last
through n term. There are only a
few terms year.
Trouble Over Transcript
Shaw said that once he asked for n
transcript Of a case in Dearth's court
from the court reporter. The reporter
started to prepare it but came back
to Shaw and told him the judge
had ordered him not TO deliver it.
Shaw went to see the judge. He
said the judge told him that this
was the first time Shaw had been
before him in four years and Il
rather suspected you wanted to put
me in a hole"
Then the judge promised the tran
script, Shaw said.
Lon A. Guthrie, another Muncie
attorney, who sat as special judge
in Dearths place several times, told
of having objected to Dearth about
the fact that so many persons who
had served on juries within a year
being called for jury service again.
Deputy Prosecutor Paul Brady cor
roborated ~the story of his chief,
Prosecutor Davis.
Thomas V. Miller, Muncie at
torney, who has represented George
Dale before Dearth, told of the
peculiarities of some of the Juries
he has had to face and said he had
appealed about forty-eight cases
from Dearth's court. obtaining re-
versals in about forty.
The final statement before the
committee was made by Attorney
Ralph Kane, who discussed the law
of impeachment and answered the
opinion of Attorney General Arthur
L. Gillian which held that the Legis-
lature has no right TO impeach a
judge.
Stands on Constitution
"This Legislature has the right to
impeach. Any other Interpretation
would render the Constitution inn
practical and would nullify it," said
Kane.
He pointed out that the Constitu-
ton provided that judges could be re-
moved after conviction Of corrup-
ton or high crime, and referred to
the provision that after giving such
power to the Supreme Court, it gave
power to remove them in other man.
ners as provided by law.
He called attention to the fact that
the impeachment statute was passed
in 1897, followed a decision of the
Supreme Court which had called at
tention to the lack of any tribunal.
He commended that in giving the
House power to bring charges, it Gre
ated the Senate as a trial court to
hear the charges.
Has Full Power
"If this House is convinced that
the evidence shows that a judge has
been guilty Of corruption or of acts
amounting to a high crime, 1t has
full power to proceed with impeach-
ment," said Kane.
"Any other construction of the
law would make the Constitution
meaningless. There is no contention
that other causes for removal may
be created. The Supreme Court is
given power to act after conviction.
The added authority, can be con-
structed in no other manner than as
giving the Legislature power to Gre
ate additional tribunals in which
judges may be tried and if convicted,
be removed from office"
Chairman Harris and other MEM
bers Intercepted Kane closely and
some of the members Of the COM
mittee openly declared that they
agreed with his conclusions as to the
law.