The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-10-22
DELAY BY WET
Judge IS seen
BY SHUMAKER
Dry Boss Declares Action
Won't Come in His Case
Before Election.
SPEAKS AT MUNCIE
Quizzed Today, Doubts He
Made Statement About
Pardon Suit.

The Indiana supreme court will
withhold further action in his con-
tempt case until after election"
because a "wet" judge Is a candi-
date, is the belief expressed by the
Rev. E. S. Shunaker, superintend-
ent of the Indiana Anti-Saloon
League, according to the Muncie
Star today.
Dr. Shumaker, who spoke at Mum
Gle churches Sunday, is quoted as
follows in Star interview:
"There'S Wet Judge"
''I believe that there will be no
decision from the Indiana supreme
court on other matters until after
election. You see, one of the wet
judges is up for reelection. After
that time I expect a decision to be
given, but just what kind I do not
know"
The "other matters" pending be-
fore the court in the Shumaker case
is a motion of Attorney General
Arthur L. Gilliom asking that the
court make Shumaker serve sixty
days at Indiana state farm despite
his pardon from the Governor.
The dry chief was found guilty
of contempt for terning the court
wet,. in 1926 report to the league
trustees. He was fined $3.50 and
sentenced to sixty days at the
farm. He made a trip there Friday
and received a pardon from Gov
ernor Ed Jackson when he arrived.
Justice David A. Meyers is a judge
up for reelection.
Questions Pardon Power
Gilliom filled a motion asking the
court to. enforce sentence and will
support it with brief questioning
the power Of the Governor to par
don in such cases.
His attitude toward the pardon
was reflected in motion to dis
miss case pending against Shu-
maker at South Bend, also filed
Saturday. The case had been in
Stituted under the corrupt practices
act for things said by Shumaker
against Gilliom in the primary
campaign. He had termed him
''wet of record in the league paper.
Gilliom'S dismissal motion cited
the fact of Governor Jackson's par
don and said it would be futile to
convict in this case as another par
don would "unquestionably" be CIV
en-.
He pointed out in the motion that
the contempt pardon was issued by
the Governor without application"
after the attorney general had ad-
vised that it was not within his
power to grant such a pardon.
II feel sorry for Arthur Gilliom,
King Arthur" Shumaker is quoted
as saying at Muncie. Il do not
see how q man can be happy and
cherish hatred as he does. No man
can be happy and cherish hatred. +"
Doubt, He Said
Asked if the quotations attributed
to him at Muncie were true, Shu-
maker replied: Il may have said
that, but I don't believe I did.
believe, however, the reporter was
honest about it and probably drcvV
that inference from what said. 1t
is true, of course, that one of the
judges, up for reelection, is wet.
Three of them, really, are wet"
Addressing Indianapolis Method
list ministers this morning at Rob-
erts Park NJ. E. church, DR.. Shu-
maker warned against Governor Al
Smiths election, declaring: IF the
Governor of New York succeeds in
reach the White House, we may as
well kiss prohibition goodbyeI It's
gone!"
Warns of "Peril''
The dry leader spoke of the peril
of the courts taking the Eight
eenth Amendment out of the Con-
stitution," and said that 'if Gov
ernor Smith is elected and a vacan-
cy occurs on the supreme court
bench, you know as we'll as 1 do he
will appoint some one who is
right"
To the Times, DR.. Shumaker ex-
planned that his reason for feeling
certain further action on his con-
tempt case would not be taken be-
fore election was that Attorney
General Arthur L. Gilliom has in
dicated he would support his mo-
ton oinvalidate the governors
pardon of Shumaker with brief
and this would give the dry chiefs
attorneys sixty days in which to file
a counter motion and brief.
The governors Office today re-
ported deluge of letters congratu-