The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-04-02
Such a Vindication

Those who believe in the freedom or the press
and the integrity of the jury system have cause to
rejoice in the vote upon the impeachment of Judge
Clarence w. Dearth of Muncie
No arbitrary powA can suppress, with impunity
the newspapers of this State. No official no judge
may do by force what is prohibited under the const
tuition by law.
The Times made the first editorial demand that
the Legislature impeach this judge. 1t made that
demand when it learned that newsboys had been
taken from the streets and their papers conscated
The Times in this incident a precedent
which might endanger the freedom of every news
paper in this State. For The Times believes in law
and order. 1t believes that the redress for any
wrong is not force and suppression but the orderly
channels of the written law.
The House of Representatives, through its COM
0mittee, made other charges in connection with the
drawing of juries
But the Times insisted that precedent be set
for the bringing to Indiana of any one who might
emulate the example Of Mussolini.
The trial has been held Twenty-Five Senators
of the forty-nine who voted have declared that
no one shall invade the freedom of the press.
That the impeachment law provides for two,
,hirds vote in order to obtain conviction means
3thing when contrasted with this impressive vote.
The result becomes more impressive the roll
called and analysis is made of the Senators who
ted for conviction.
Out of fifteen attorney members of that body,
eleven voted for conviction Three of the four
torneys who voted for acquittal came from Indian
apolis, the home of machine politics. In principle
and practice free Press and boss rule eternal
aemes
Nor does the comparison of the records Of the
Senators who voted sodly for acquittal with those
who voted for conviction dispel any enthusiasm of
those who have faith in Indiana, faith in its final
redemption, faith that at some time there will be
peoples government based upon the constitution.
They are those whose votes could always be
counted in advance and always against any pro-
rosal for the benefit of all the people.
1t something when majority of the
Senate, and impressive majority, votes for up
holding the constitution in Indiana.
If there be surprise, it should be occasioned by
the size of the vote for conviction, not in the fact
that there was lacking two votes of the necessary
number to convict
For in that vote is the sign of new day when
the professional politicians will longer rule with
iron hand and give orders to public servants which
instantlyt obeyed.
In that vote is the sign that the people have
become aroused to the fact that the constitution
is still their defense against invasion Of their lib
critics and that they will defend that document
againt any attack.
In that vote is the handwriting on the WALL as
plainly as that which sent thrill of fear into the
ancient Belshazzar.
To whatever qualification there may be for
Judge Dearth in the vote which gave him his acquit
tai, he is welcome and than welcome.
For after ALL it is not Dearth that matters nor
any other individual.
All that matters is the vindicaton of the
eternal principles of liberty and their freedom from
overthrow.
For that, at last there is a majority in Indiana.
For that the representatives of the people have
spoken by most emphatic majority.
If there lie doubt about it, get il you can the
opinion of the political machines which tried by
legal opinion and by every other means to prevent
this impeachment trial.
They, II they tell the truth, are repeating the
words of that general of Napoleon who de-
clared, zone more such victory and we ruined"
The Times congratulates the people upon the
outcome. This trial has made free speech little
safer in this State. 1t has, without doubt, served
very needed purpose and other judges, in other
counties, will probably pause and collect their judi
cal dignity, when tempted to toss aside the trad-
items Of century of law and order.