The Indianapolis times., 1928-12-31
U. 5. power
IN SHUMAKER
CASE ARGUED
Judge BaItzeII Hears Plea
for Writ to Free Dry
Crusader.
RULING TO BE DELAYED
No Immediate Decision Ex-
peCted on Order to
State Farm.

Upon whether federal court has a
right to step into case involving a
purely state question today appar-
emily rested decision as to whether
the Rev. E. S. Shumaker, superin-
tendent of the Indiana Anti-Saloon
League, must serve sixty days on
Indiana state farm for contempt of
state supreme court in his 1925 an
nual report.
Arguments were being heard by
Federal Judge Robert G. Baltzell
upon Shumaker's petition for writ
OF habeas corpus to prevent the
sheriff of supreme court from carry
ing out it's order of last Friday di-
recting that Shumaker be immedi-
ately incarcerated, despite Governor
Ed Jackson's pardon of oct. 10.
Delay on Decision
1t appeared likely that there
would be no decision for several
days, since Judge Baltzell in effect
agreed to accept from Shumaker's
attorneys citations which can not be
prepared until Wednesday or Thurs
day.
This, however, did not accomplish
the move Shumaker's friends spon-
sored to get the hearing postponed
until after Attorney General Arthur
L. Gilliom's tenn expires, at mid
night tonight. The Shunaker forces
regard James M. Ogden, the incom-
ing encouragement, as quite
friendly.
Gilliom got in his final argument
today and the case was in Judge
Baltzell's hands, regardless of aItyeA
thing Ogden might attempt, it Iap-
peared. Ogden has refused to state
what he would do about the case If
it got into his hands.
Three Issues Involved
At the outset of the hearing Judge
Baltzel remarked that 1t appeared
to him that three questions were
involved:
/. Whether state supreme court
had jurisdiction in the original in
stance.
2. Whether state supreme court
had jurisdiction after the sixty days
to which Shumaker was sentenced
expired.
3. Whether state supreme court
had jurisdiction after the Governor
issued the pardon.
Attorney E. A. Miles for Shumaker
took this as his cue. He argued that
state supreme court can punish for
direct contempt, such as Haunting
of its authority, but not for indi-
rect contempt, such as criticism of
the courts decisions, as Shumaker
was charged with.
thinking Out Loud"
Supporting argument that Shu-
maker passed from the state courts
power when the Governor issued the
pardon he read a United States SUI
preme court decision giving Cover
nors power to pardon except in cases
of treason or impeachment and con-
tanned a statement after pardon by
the executive officer the incident is
closed"
Judge Baltzell, explaining he was
merely thinking out loud" re-
marked after Miles finished that he
believed there was a question as to
whether the supreme court has
right to protect itself against
criticism directed against it while a
decision on a case is pending"
Gilliom answering Miles declared
the scope of the case was far more
limited than outlined by the courts
questions and Miles argument.
While Gilliom answered the argu-
ments as to the supreme courts
Jurisdiction, citing many decisions to
show the state court was within its
authority in each step of the Shu-
maker case, he summed up his prin-
cipal argument thus:
while your honor has the power
to act in this case, the United States
supreme court has constantly held
that federal courts should not inter-
fere in such proceedings unless a
national question is involved or one
involving the nations relations with
foreign nations"
THE United States supreme court
has said that when a supreme court
of state construes its state con-
stitution its construction is accepted
as binding"
Shumaker at Ease
Attorney Will H. Thompson fol-
lowed Gilliom for the state, arguing
that release of Shumaker on the
Governors pretended pardon was
just the same as If the defendant
Fhad escaped from the state farm"
He cited numerous authorities to
show that none of Shumaker's con-
stitutional rights had been violated
as Shumaker contends in the habeas
corpus petition.
Attorney Solon j. Carter, also as 4
sisting Gilliom, spoke next.
Attorney James Bingham Sr., as
sisting Miles, and Miles spoke thiI
afternoon to close the argument
Shumaker rocked easily to an
fro in a swivel chair, conferring no'
and then with his attorneys.
Attorneys Albert Rabb and job
lMcCord sat as other assistants
I CsiIlioY,a