The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-07-21
SHUMAKER TO
LET LEAGUE
DECIDE FATE
Further Action in Battle
Against Sentence Put
Up to Dry Board.
MAY GO TO HIGH COURT
Attorney Ready to Appeal
If Superintendent Sees
Fit to Fight.

LIT. T.. >. SnunaKer, Superlntend-
ent Of the Indiana Anti Saloon
League, today put before a special
meeting Of league trustees the ques-
ton of whether he shall appeal to
United States Supreme Court from
his State Supreme Court conviction
of contempt
Shumaker indicated he had no
great hope of escaping the $3.50 fine
and sixty-day Indiana State Farm
sentence imposed by the State court,
even if he did appeal to the highest
tribunal.
Supreme Court late Friday af-
flrmed the sentence, but denied the
recommendation of Attorney Gem
eral Arthur L. Gilliom that Shu-
makers sentence be increased be-
cause of his alleged attempt to get
Republican State leaders to try po-
ltical influence in his behalf.
Write Will Be Asked
Meanwhile, James Bingham, Sr..
his attorney, is prepared to file a
petition for writ of certiorari in the
United States Supreme Court.
This writ asks the Federal court
to permit entrance of the appeal
from the Indiana Supreme Court
on the Federal question of con-
stitutional rights of free speech and
under the fourteenth amendmer +.
which provides that mo State shall
deprive any person Of life, liberty
or property without due process Of
law"
"On these grounds" said Dr. Shu-
maker, my friends believe we have
right of appeal to the United
States Supreme Court.
1T is difficult to tell If such ap-
peal would be successful. 1t seems
to me that the United States court
dislikes to interfere in what 1t con-
siders purely State matters, and
ether cases along similar lines have
resulted in decision upholding the
State Supreme Court.
"If it we're not for precedents, we
might be able to achieve success.
League to Decide
III my case had Neen in the
United States Supreme Court as the
original court, that body would have
refused to even consider it.
MY friends want me to make a
test case of this, but I must abide
By the decision of the board of the
league"
Bingham declared that when the
petition for rehearing was filed in
Supreme Court he was prepared to
file the petition for writ of certiorari
in the Federal Court, but halted the
plea.
I'VE have ninety days to appeal
to the Federal Court and I am pre-
pared to proceed If such action is
deemed advisable by Or. Shumaker,"
the former attorney general said.
Shumaker declared he had no
comment to make, when asked If
he would appeal to Governor Ed
jackson for Communication Of sem
tence or pardon.
1t is known that the Anti Saloon
League head often has held that a
parQOn is not eXculpatlon.
Martin Is Ceared
The Supreme Court in its Friday
opinion purged Jesse E. Martin,
trustee of the league
The Shumaker case was started
in 1926, when Attorney General
Arthur L. Gilliom filed an informa-
ton in Supreme Court asking that
Shumaker, Martin and Ethan Miles.
Anti-Saloon League attorney, be
cited to asnwer why they should
not be held in contempt of the Su-
preme Court as the result of severe
criticism of the court which ap-
peared in the Feb. 6, 1926, issue of
the American Issue, the Anti-Sa-
loon League publication.
The court found Shumaker guilty.
purged Miles, and reserved action
as to Martin, in a special session
called Aug. 5, 1927
Gilliom then charged that
Shumaker had attempted to have
Senator Arthur B. Robinson and
James E. Watson and other leaders
of the Republican party bring their
influence to bear upon the court.
On Sept. 17,1927, Gilliom filed a
recommendation that the penalty
be increased. because of this new
alleged contemptuous activity.
Dispositions of Watson and Henry
Lane Wilson, former ambassador to
Mexico, we're introduced. and Robin
son and Clyde Walb, former State
Republican chairman, the latter now
in beavenworth Federal Prison,
testified.
The case was closed in December,
1927, and since then had been be-