The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-10-19
shumaker No Martyr

The time, the method and the manner in which
DR.. E. S. Shumaker of the Anti League chose
to go to the penal farm strongly suggests that he is
attempting to put martyrs crown upon his head
and to influence the coming election with the idea
that he is suffering for the cause of prohibition.
This newspaper protested strongly when he was
sentenced, not that it had any sympathy with his
political methods and detested his fragrant mis-
representations but because it believed that the court
had establishedsa dangerous power within itself when
it asserted its right to punish for any statement
even false statements concerning decisions in
cases that were completed and not before the court
for action
1t did believe that the open attempt of Shunaker
to use his political power to influence the decision
of the court in his own so serious thai not
only he, but Senators Watson and Robinson who
admitted discussing of sneaking into the back
door of that court through the attorney generals
Office in order to gain the support of Shumaker two
years ago was most reprehensible and challenge
to the integrity of courts
1t believes that with Shumaker in his retirement
should go Arthur Robinson who acted as telephone
girl" in the conversation between Watson and Shu-
maker and that Watson should be called to account
for writing letters which, he says, intended to
influence the official actions of Attorney General
Gillom and find reflection in the court
The facts in the ShImaker are of record.
cisions7Fc pthe supreme court and nisrepresented
them They show that he proposed to elect judges
who would take his marrow view of law and toss away
constitutional safeguards in order to enforce the
Wright law
The supreme court declared that Shumaker had
inaugurated reign of terrorism which embarrassed
the court in regard to decisions any liquor case,
an extension of the theory that discussion of pending
cases is contempt which has it's dangers.
In reaching that decision the court had the advice
of six outstanding lawyers, evenly divided to
political affiliations.
They concurred in the belief that the actions Of
shumaker were well calculated to set up super
government in which the constitution and the courts
would be destroyed.
Whenever courts can be either coerced inundated
orsecrety controlled law disappears.
That makes it imperative that the people be espe-
caIy alert to protect the highest court from those
who later refuse to participate in decisions because
of either membership in or friendship for orders of
hooded hate
Any effort, however to make it appear that Shu-
maker is now suffering because of his advocacy OF
prohibition rests entirely false assumptions.
He suffers because he chose an indirect method,
through judicial decisions to wipe out parts of the
constitution.
He believed sincerely enough that it was necessary
to set aside the constitution in regard to search of
homes without warrant in order to enforce the pro-
hibition law. There is perfectly legal way to &C
complish that object if Shumaker had followed it.
That by amending the constitution of the United
States and of Indiana by repeating the Bill Of Rights.
Shumaker has been and still is power in Indiana.
He has helped to elect who disgraced the state
He has never regarded anything important except
dry law and lip service to his cause He has been
factor in foisting upon the state those who are
unworthy but were eloquent in behalf of prohibition
That power led him into the grave mistake of
assuming the attitude of dictator. He suffers the
fate of those who fail in such purpose.
In it's methods of protecting ITSELF the supreme
court has established precedent this newspaper
believes to be dangerous. There should have been
other ways of furnishing Shumaker for his falsehoods
and his unforlnded propaganda.
If his sentence results in forever closing all back
doors to that court stopping all forms of intimidation
and other secret influence, he should glory in his
service.
But to paint him as a martyr to the dry cause
is to again falsfy the picture The eventual success
of prohibition can never rest upon throwing away
the rest of the constitution 1t must come from an
enlightened conscience and perhaps public senti-
rent so strong that it will demand real enforcement
Ii will only come when that sentiment is exhibited
on other than election days and when violation OF
the law will bring the social oStraciSm that now
goes to the murderer the robber and the thief.