The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-08-18
Constitutional Rights

Constitutional Rights
The latest plea of Rev. E. S. Shumaker,
head of the dry forces for a reversal of his Jail
sentenced for contempt Of the Supreme Court
is based on the declaration that every citizen is
guaranteed freedom of speech.
The establishment Of that right under all
and any circumstances, is most important.
Any invasion Of the personal liberties which
are guaranteed by the Constitution is danger
Gus and in recent years there has been tend
cncy to foret the basic liberties.
The immortal Jefferson understood we'll the
dangers to liberty and his influence was the
determining factor in .writin into the Constitu-
ton rather complete list of the rights of man
which no overnment, even democracy, can
transress
One of the safeguards to those liberties is
the judiciary, which is theoretically beyond
fear beyond threat, beyond favor and beyond
prejudice.
The power of the judiciary to retain it's own
freedom from any outside influence must be
preserved at all hazards, but this does not
mean that its decisions, once rendered are to
be beyond criticism.
That the criticism of the court by Shumaker
was based on misrepresentation, was COM
posed of false statements, that it was intended
to coerce the court in the matte rof liquor de-
cisions and keep the members in constant fear
of losing their Offices because of the great
power of Shumaker does not rob the dry lead
er of his right to make that sort of fight
if he cares to misrepresetn and misstate the
decisions Of the court to those who blindly fol-
low him.
The people will do well to remember two
things in regard to the Shumaker case
One is the evidence before the court of his
effort to creep into the back door of that court
through the influence Of United States Sena-
tors and the man, now Federal prisoner, who
was then in command of the Republican party.
They will remember the August evening
when he went to the home of Senator Arthur
Robinson, who admittedly had previously con-
ferred with Senator Watson on ways and
means Of keeping the dry leader out of Jail, at
least until both were safely reelected.
They will remember that Robinson acted
as the telephone operator for Shumaker when
he made his arrogant demand that Watson use
his great influence upon the court, secretly and
unethically, and that Watson refused. They
will remember that Robinson saw no impro-
priety in thus endeavoring to secretly influence
that court.
The people will also remember, if they are
wise that it is just as important to preserve
other civil liberties in addition to freedom Of
speech.
One of these is the right of every city to
be secure in his home against illegal search and
oppressive entry by unauthorized agents of
the law.
The dry forces have tacitly admitted that
the dry law can not be enforced if the consti-
tutional rights of citizens against search of
their homes without search warrants issued in
accordance with law, be observed.
Both the right of freedom of speech and
the sanctity Of homes are important, equally
important.
The Constitution must not be set aside,
either by gag upon speech or by loathsome
shoppers into homes.