The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-16
THE BIG FACT

Now that Governor Jackson has waived, or
tried to waive, his admitted right to object to being
sued by friends of Judge Dearth and the way seems
clear for an argument the right Of the Legisla-
ture impeach any judge conducted solely by those
who agree that it has no right and interested in
seeing the courts decide, the people will probably
turn to the answer Of question they desire an
swered.
The people can be excused for taking little inter.
est in the legal battle" between lawyers who are
all on the same side Of the question and who stage
what is termed friendly suit" which means that
all the lawyers want the same result and are
afraid that they wrong
But the people interested in knowing just
one thing.
They want to know whether not judge did
order the arrest of newsboys without warrant of
law and without any charge against them, into his
court room, terrify them and confscate their news
papers
They want to know whether it is possible to
thus effectively suppress any newspaper in this State
by judicial whim and without trial.
They want to know whether the Constitution,
which guarantees freedom Of speech, has meaning,
or whether it is something that might be called
bunk for the boobs" who believe in it and then
discover that they do not really have it.
The people would have been much more inter-
ested in some action on the part of the Governor
which would have for its purpose the determination
of this question and particularly whether this judge,
as charged by ninety-three members Of the House
Of Representatives did actually set aside the Con-
stitution.
They may have even hoped that the Governor
and the Attorney General, who says that there
other legal ways Of dealing with judges who do such
things might take steps to apply these other meth
DDS of protecting public rights if the Supreme Court
should finally agree that the Legislature has no i'm
parchment powers
They might, reasonably unreasonably, have
expected that the announcement that there other
legal ways of dealing with such matter would have
been followed by actual steps to use those other
legal methods.
They still hope, of course that the full facts in
the matter will be brought to light and that Judge
Dearth will be given opportunity to deny these
charges
The people would much prefer that it be proved
that no judge exercised any arbitrary powers.
They would welcome complete exoneration not only
of Judge Dearth, but of any judge who is accused.
For the people like to feel that the above
tyranny above pressure, above partisan persuasion
political hatreds. They like to look at them with
respect and reverence.
1t would be unfortunate # the official powers of
the State were directed toward preventing just such
an exoneration and a vindication.
There must be respect for courts. 1t can not
be had as long as charges of tyranny are made and
not denied 1t can not be compelled by legal wander
ings into technicates
The people want the facts. If this Judge has
been falsely accused, they want to know it and
would welcome such an outcome
If he has set aside the Constitution they want
10 know what remedy is theirs, and what power is
theirs in this matter