The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-02-25

The presentation of the petitions
by Representative Scott was one
of the dramatic moments of the
session, the members realizing that
history was being made, as for the
first time in the history of the
State, Judge was charged with
using his powers of office to sup
press free speech and n free press.
In presenting the petitions Rep
resentative Scott filed a motion ask.
ing the House receive the petitions
and give them most careful consider
alton. The motion. with the petit
tions went to the committee.
Without Comment
Scott made no comment as he in.
troduced the petitions from the resi-.
dents Of Delaware county. For the
first time in years has impeachment
OF a judge been demanded, and never
before in the history OF Indiana has
the cause of free speech been raised
in SO decisive a manner.
AS the reading clerk read the petit
tions, F. w. McClelland. a former po.
lice Judge of Muncie, carefully
scanned the names of the signers.
The committee to which the petit
ton was referred for action is headed
by Representative ]. Glenn Harris
Rep) of Gary. Other members are
Ruick of Indianapolis, Carlson of
Huntington. Borns of indianapolis.
Harrison Of Indianapolis, La Toilette
of Evansville, Ridenour of Auburn,
Huffman OF Elkhart. Pittenger OF
Muncie. as Republicans. and Byers
of Vincennes, Quinn of Shoals, Elk
enbary OF Wabash and Smith OF La
Porte, Democrats.
VIII Study Law
Chairman Harris said that he
would call a meeting of this commit
tee v,ry soon and canvass the situa-
ton.
He intimated that he desired to
study the law on the question and
might summon witnesses from Nun
Gle.
Two causes are set out for the
impeachment.
The first declares THAT Clarence
w. Dearth, as sole judge of said
court. has restrained the free inter
change Of thought and opinion and
has restrained the right to speak,
write or print freely on any subject
whatever contrary to the Constitu-
ton of the United States of America
and of the State of Indiana"
Jury Irregularity Cited
For a second charge. it is petit
toned THAT Clarence w. Dearth as
sole judge of said court has appoint
ed jury commissioner who was
not, at the time of his appointment,
qualified to serve as such under the
terms and provisions of the acts of
the Legislature of the State of In
diana as set forth in Section 1864 of
Burns Revised Statutes Q91D,
which said appointment and other
overt acts have resulted In a mis-
carriage of Justice in said county"
The first charge of suppression OF
the press is based upon the action of
Judge Dearth last Saturday when he
ordered thirty.eight herded into his
court and confiscated their news
papers without hearing and with
out trial.
Comments Preserved
His comments at that time. as re-
ported by the president of the Della
ware County Bar Association. will
be introduced to show that the judge
declared that the papers contained
slanders against himself.
The charge is made that the action
of the judge was a violation Of the
Constitution and that he had no right
to seize newsboys and confiscate
their papers because he felt himself
injured and that his proper remedy
was a suit for slander If he felt HIM
self libeled.
The petitions already in the city
comprise only a portion of those
which were circulated by members
Of the Municipal League Of Muncie.
Other Names Coming
They contain several hundred
names. 1t is asserted by the leaders
of the League that other petitions
now in circulation will be presented
to the Legislature from day to day
and they Will be supplemented by
other signatures.
Under the statutes provided for
the impeachment of judges. all such
proceedings must originate in the
House. If the House votes to pre-
sent charges OF impeachment 1t
names a board Of managers who
prosecute the charges before the
Senate, sitting as court. following
the Federal procedure in similar
proceedings. The Indiana statute
provides that II the trial is not ended
before the" adjournment of the Leg
islature by limitation. the Senate
shall continue in session to nnish !
the trial.
II the Federal procedure in similar
cases is followed, a recommendation
for impeachment passed by a ma
jority vote would be followed by the
oIecffou of q hoor1 NJ mana gers