The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-05
Brief Recess Planned

IbC CpubllNoAlo ONA 1AS N1S, go
burg, Democrats.
Brief Recess Planned
The committee, 1t is understood,
will recommend that the Senate
recess to some date prior to March
20 to resume as a trial court.
The committee was to make it's re-
port to the Senate when it recon.
vened this afternoon.
How far the Senate can proceed
with the program it adopts will de-
pend upon any court action which
attorneys for Judge Dearth may take
in the meantime.
1t was possible that the friends
Of Dearth might make a final des-
perate effort to stave Off the trial
at that hour. although there was
every indication that a majority of
the Senate favors going ahead with
the trial.
When Lieutenant Governor r.
Harold Van Orman put the matter
up to the Senate late Friday only
one Senator, James ]. Nejdl, road
contractor of Whiting, spoke in IA
vor of Dearth. A strong group Of
Senators declared the Senate must
go through with the trial. in order
to preserve the sanctity Of the
States constitution, which Dearth is
accused of violating through alleged
suppression of the press and alleged
tampering with the jury system.
Believe Jurisdiction Is Held
The general view of the five lawyers
on the committee was that the Sen
| ate had accepted jurisdiction over
Dearth by the very naming of the
committee and that all that remains
now is to set date for trial and ar
range other details. Under the law
against Dearth in the proceedings
Dearth must be given ten days no
tico before the trial can be held,
Meanwhile whether or not Dearth
will continue to sit as judge was 6
controverted question. The 1897
statute plainly states that a Judge
impeached by the House -automati.
cally is suspended from office when
impeached articles are filed to be re-
turned only in the event of acquit-
tai by the Senate. This law also
provides that the Governor, with the
consent of the Senate, shall name a
special judge to serve while the regu-
lar judge is under impeachment.
Dearth has refused to leave the
bench.
Jackson Undecided
Whether or not Governor Jackson
will name a judge pending the trial
of impeachment was In doubt Satur-
day noon.
"I have only just now received the
Attorney Generals opinion" said
the Governor. "I want to go over
carefully his citations before taking
action"
This inference that he might dis
regard the opinion of Gilliom and
proceed to name a judge came after
attorneys interested in the estab-
fishing the situation definitely had
suggested that the speediest way to
test the power OF the Legislature
would be to name another judge
and thus create a direct issue which
could be passed upon speedily by the
Supreme Court.
In the meantime attorneys In the
Senate were incensed at the sugges-
ton OF Gilliom that they are with.
out competent minds" because they
disagree with him as to the law and
threatened fireworks.
Attorneys Worried
Attorneys with litigation pending
In Dearth's court are somewhat at a
loss as to how to proceed, according
to Muncie dispatches. They fear
that II they try cases before Dearth
they may be subject to question later.
On the other hand they have the
same feeling about the prospect Of a
special judge.
Some action to clarity the court
situation. by which judge whose
Jurisdiction could not be questioned
would be placed upon the bench, Is
expected.
The strong sentiment against
Dearth evidenced in the Senate
Friday afternoon apparently was as
much of a surprise to Dearth's
friends as was the House vote to i'm
peach by a SO to / vote.
Lieutenant Governor Van Orman
in the morning. after receiving the
articles OF impeachment from the
House board Of managers. announced
he would take the matter under ad-
visement. The friends OF Dearth got
busy at once. Lawrence v. Cart
wright, who is in the crushed stone
business. and also Republican chair.
man of the district in which Mancie
Is located, and Republican State vice
chairman, was busy among the
Senators in Dearth's behalf through
the morning and early part Of the
afternoon.
NejdI Not a Lawyer
Nejdl, who is not a lawyer, arose
In the Senate when Van Orman put
the impeachment before the body in
the afternoon, and presented a lot of
legal opinions. along the same line