The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-17
DEARTH TO
TELL STORY
TO SENATE:

Circuit Judge Clarence w.
Dearth of Muneie will
take the stand and defend HIM
self against the charges made
by the House of Representa-
tives, when the State Senate
sits as a court of impeachment
next Monday.
This announcement was made to-
day by his attorney, Frederick Van
Nuys, after a conference with Dearth.
The latter returned to Muncie be-
fore noon.
Two hundred and thirty subpoenas
will be issued by Judge Dearth in
his own behalf. Van Nuys said. The
blank writs were issued at noon and
will be filled out by Dearth before
being served by Jerome Brown. chief
doorkeeper.
Demurrer in Senate?
Van Nuys said the Dearth forces
will file a demurrer to the impeach-
ment charges as soon as the hearing
1pens. This action will charge un-
7onstitutionality of the law under
which the charges were originally
made. He said he will ask the Sen
lte to hear oral arguments on the
demurrer.
Circuit Court Judge Harry o.
Chamberlin today said the hearing
IN the pending mandamus suit to
rave Governor Jackson appoint a
successor for Dearth while the i'm
oeachment proceedings are under
way might be held next week. Van
Nuys declared, though, he might not
ne able to attend the hearing If held
next week.
That the Senate will proceed with
ne impeachment trial of Judge
learth, charged by the House of
representatives with. invading the
institutional guarantee of freedom
4 the press and with obstructing
astice through peculiar drawing
iuries, seemed certain.
No Delay FOreSeeN
The House managers, in charge
4 the impeachment, will be ready to
lroceed with their witnesses and
suggestions that the friendly suit"
the local court to test the right
# the Legislature to impeach a
udge for any cause are not accepted
W Senate leaders.
Intimation, from sources friendly
70 Dearth that this suit would be
urged as a basis for delay and adj
journment in the impeachment trial
do not correspond with the views of
lawyers in the Senate as to the
course that body should pursue.
These Senators take the attitude
that the Legislature must assert and
maintain its power to impeach until
the law under which it acts has been
declared void.
They maintain that to wait until
the Supreme Court had acted in some
suit which might or might not settle
the question and which might be de-
cided upon some other issue than the
constitutionality of the law itself
would be to surrender its preroga.
tives and actually nullify the prac.
teal effect Of the law.
Comment of Senators
Senator William r. CULLEN of this
city, in discussing the widely pub
lished statements that the Senate
should delay action, makes this
comment:
"It has been my view from the
start and still is that the Senate
should proceed in this matter un-
hampered. Certainly when we as
semble on Monday the thing to do
is to hear the evidence in the case
and then act wisely and justly.
Nothing should prevent carrying
out the matter to it's logical con-
clusion by listening to testimony
and rendering a verdict. If the
statute of 1897 is unconstitutional,
as certain parties outside the Sem
ate contend, the only adequate way
to test it's validity is for the SEN
ate to proceed.
iSenator Sumner Clancy, Indian
;spolis, said:
Since the Senate adopted q reso-
luton to proceed with the impeach-
ment trial, it is no longer optional.
We must act. If there is ques-
tion Of jurisdiction. let the Senator's
decide it when they assemble on
Monday. In my opinion, the Senate
is the place to thrash out jurisdic-
tional arguments in the matter,
rather than the courts. If any one
has power to judge jurisdiction, they
have. Surely legislative body can
act upon it's own ways and means,
without being subject to outside pro-
cedure. If interested parties want
to argue the matter of jurisdiction,
let us hear the arguments when the
Senate convenes, and then proceed
if we feel that we have the right
to do So"