The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-08-09
Minority View in Shumaker
Case Shows Supreme
Court Wouldn't Act.
NEWS STORIES QUOTED
Dry Leaders Criticisms Are
Called Mild, Compared
With Press Comment.


That the Indiana Supreme Court
had been asked to inaugurate con-
tempt proceedings against the ed
itor of The Indianapolis Times, the
editor of the Indianapolis News and
persons who made statements" but
had refused to act, was the state
ment of Judge Clarence w. Martin
in his dissenting opinion in the
Shumaker case.
In his exhibits of quotations, upon
which he declared action had been
suggested to the court, Philip
Zoercher and Chairman John j.
Brown of the tax board were quoted
in commenting upon the tax refund
case and a quotation from brief
by Attorney General Gilliom in the
legislative pay case was underScored
for emphasis.
Judge Martin, quoting four ed
itorials and one news article from
The Times and two editorials from
the News, declared that the criti-
cisms of Shumaker we're mild by
comparison, and that the court was
straining at a gnat and swallow
ing a camel.
Today Judge Martin refused to
say who made the suggestion that
the court take action.
"I decline to state who made this
suggestion. 1 do not think it fair
question:" he said.
When asked about the matter,
Chief Justice julius Travis said that
the suggestion had not been pre-
sented to the court.
1.-THE dissenting opinion is per-
sonal expression of the judge who
makes it. Although it is printed, it
is not annotated" said Judge Travis.
Found in Martin Opinion
The declaration that the court
has been asked to punish the men,
bers of the tax board and the editors
OF The Times and The News is
found in the dissenting opinion of
Judge Martin.
The opinion, on page 27, contains
this language:
Statements In both news and
editorial columns, more critical of
the decisions and work Of this court
than the American Issue articles,
recently have appeared in the public
press, yet this court, upon having
the suggestion made to it, did not
view with approval the institution
of contempt proceedings against the
persons who made the statements
or the papers which printed the
following articles and editorials"
Quotes Tax Statements
Judge Martin then proceeded to
quote the articles in question.
The first was news article taken
from the Indianapolis Times of July
%, in which Philip zoercher and
Chairman John j. Brown OF the
State tax board were quoted as
criticising the decision in regard to
tax refunds. A part of the quota
ton of Chairman Brown was under
scored.
The second quotation by Judge
Martin was an editorial from The
indianapolis Times in April, the
exact date not given, relating to the
decision in regard to the pay of
legislators.
Two editorials from the Indian
apolis News demanding that the.
Supreme Court grant rehearing
IN the case of the legislators SAL
aries, printed in April then are
quoted. In them the decision of
the court was referred to as a "sillv
blunder," which was underscored bv
Judge Martin.
Reprints Times Editorial
Then follows an editorial reprinted
from The Times of May 10, in which
was quoted the plea of ATTORNEY
General Gilliom for a rehearing.
The judge underscored the sentence
by the attorney general, not The
Times, which said, 1.-THE constitu-
ton can not be thus bartered away"
for special emphasis.
An editorial of The Times printed
on July % concerning the delay in
rendering decisions was the final
exhibit given by Judge Marlin.
"If the court is generous enough
to overlook such statements or be-
lieves that truth will in the end be
vindicated regardless of such i'm
proper and unjust attacks and yet
imposes sentence on the respond
ents here for the publication of the
comparatively mild criticisms here
inbefore considered, it seems to me
that the court is 'straining at a
gnat and swallowing camel" says
the opinion of Judge Martin.
Can't Reach Others
Ht was impossible to reach other
members of the Supreme Court,
aside from Chief Justice Travis.