The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-07

Of DEARTH
NEXT MOVE
Way to Enforce Law Fore
ing Him Off Bench
Sought.
JUDGE TO VISIT CITY.
Scheduled to Confer With
Van Nuys.

Leaders in the Indiana House or
Representatives today began consid.
Grafton of means Of getting Circuit
Judge Clarence w. Dearth OF Mum
Gle off the bench while the impeach-
ment proceedings against him are
pending in the Senate.
Under the law by which the House
last week voted impeachment, 90 to
/, on charges Of suppression Of the
press and Irregularities in jury pro-
cedure, the judge automatically is
suspended from office when the SEN
ate serves formal notice of the inn
peachment trial upon him.
Notice that the Senate Saturday
afternoon had set Dearth's trial for
2 p. m. March 21 was served upon
Dearth at his home in Muncie Sat
urday evening by Jerome Brown,
chief Senate doorkeeper. acting for
Miss Fern Ale, Senate secretary.
Dearth had no comment to make,
but he still was acting as judge to-
day.
Refuse TO Vacate
Dearths friends say he will refuse
to vacate the bench on the theory
that the law under which he was
impeached is unconstitutional.
Meanwhile, Governor Jackson de-
layed appointing n successor for
Dearth, a duty imposed by the i'm
parchment law. The law provides
that the Governor must name the
successor and submit the nomination
to the Senate for approval. The SEN
ate's regular session ends at mid
night tonight. The Governor said he
was examining the law and waiting
for further briefs in the matter be-
fore deciding what action he would
take.
Should the Governor delay acting
until after the regular session ends
tonight, further complications might
arise.
There was a possibility that Nun
Gle citizens might go into Delaware
Superior Court at Muncie with n
suit to force Dearth temporarily off
the bench.
What action the House leaders
might take was not exactly known.
House lawyers are looking into WHAT
legal steps might be taken. 1t was
their view that the judge was flout-
ing the dignity of the Legislature
by remaining on the bench when
question as to his right to sit exists.
The House board OF managers,
who will act as prosecutors OF
Dearth before the Senate, met this
afternoon to plan their case.
Coming Here
Dearth was to come to indianapolis
this afternoon for a conference with
Frederick Van Nuys, his attorney.
Several Muncie attorneys. friends of
Dearth, also have notified Van Nuys
they also will confer with him today.
1--WE are working with Muncie at
torneys to have this matter ex-
pedited as soon as possible" said
Van Nuys.
However, Van Nuys is waiting for
someone else to make the first move
towards temporarily pnseating
Dearth.
Van Nuys plans to file quo war
ranto proceedings in Circuit Court :
here If Dearth is finally removed by
the impeachment, attacking the ac-
tion OF the Legislature on the
grounds that it is unconstitutional.
II any action is taken in the Del
aware County Superior Court to re-
move Dearth from the bench, Van
Nuys stated appearance will be filed
Immediately and "every move will
be made to resist IT,"
To Fight
eve will fight such action in the
same manner. that is, that the Legis-
lature's action is entirely un-
constitutional" he said.
"Of course. you know Judge
Dearth will continue on the bench in
his courtJ
Introduction of an amendment TO
the budget bill to provide for pay.
ment of salaries of Senators and the
House managers during the time
they are in session for the impeach-
ment was a possibility in the House
today.
The appropriation bill was passed
before the Senate took Jurisdiction OF
the Dearth impeachment and special
amendment will be necessary to pro-
vide money for expense of the trial.
The bill is before the House for con-
currence on Senate amendments.