The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-25
State Supreme Court Is
Upheld by Ruling Handed
Down by BaItzeII.
REMANOED TO PRISON
Dry Crusader Still Has
Chance to Appeal to
Higher Tribunal.

The Rev. Z. S. Shumaker.
superintendent of the Indiana
Anti-Saloon League, today
faced return to the Indiana
state farm for sixty days for
contempt Of state supreme
court in 1925 unless his attor-
neys found some way of taking
his case to the federal circuit
court of appeals at Chicago or
the United States supreme
court.
Shumaker's back was put up
against the wall when Federal
Judge Robert G. Baltzell this
morning denied his petition for a
writ of habeas corpus to prevent
the sheriff of Indiana supreme court
from taking him to the state farm.
Judge Baltzell gave attorneys un-
til Q this afternoon to study the
text OF his order At that time the
record was completed and attorneys
were to file any motions they de-
sired.
Sheriff Is III
Ethan A. Miles, attorney for Shu-
maker, said after an hour and a
half conference of the league head
quarters committee with the super
intendent, that no decision as to
what can be done was reached and
he would ask Judge Baltzell for
stay of execution until Shumaker's.
plans are made for him.
State attorneys we're not expected
to object to this. Sheriff William L.
Resoner of supreme coul ! is Ill III
bed at his home and could not take
Shumaker away Immediately. He
could name County Sheriff George
L. Winkler his deputy for the job
but there appeared to be no hurry
on the part of the state.
Hold Council of War
Those in the Shumaker council
of war at league headquarters in
the Roosevelt building were: The
Rev. G. H. Winders, chairman of
the headquarters committee; the
Rev. E. T. Albertson, the Rev. H. B.
Hostetter, the Rev. E. M. Edwards,
the Rev. B. r. Mckee of the COM
mittee; Frank Shellhouse, L. e.
York and B. E. Ewing, Miles and
Shunlaker came out of the meet
ing distrait and nervous. He brushed
past reporters, refusing to talk. Or
dinarily he is cheerful and chatty.
Shumaker in court this morning
looked over the copy of the deci-
sion, read the sentence at the end
rernanding him to the custody of
Sheriff William L. Resoner and
calculated:
"Oh, ny!"
Judge BaltZell ruled against Shu-
maker on the three major points
he raised against supreme courts
power to imprison him.
sUphoIds Supreme Court
The Judge ruled that the supreme
court had original jurisdiction to
cite Shumaker for contempt in a
case of this kind; that the court
had the right to hear the evidence
and sentence him; that Ed Jack
son, then Governor, had no power
to pardon Shumaker and that the
fact that the supreme court did not
order Shumaker back to the farm
to complete his sentence until after
the calendar term of sixty days had
expired made no difference.
Gilliom was in the courtroom
when the decision was handed
down but Attorney General James
NJ Ogden, his successor, was not.
Odgen had sent his deputy Joseph
Hutchinson to represent him. Ogden
refused to accept Gillianl's offer Of
assistance in the case when Gil
liom went out of office.
Gilliom was receiving congratulate
tions upon his successful proSecu-
ton of Shumaker from many quar-
terS.
GilIi0m in Court
Supreme court found ShuInaker
guilty and committed him to the
farm and fined him $3.50 Oct. 18,
1923 after legal maneuverings lasting
two years. Shurnaker paid the fine
and started to the farm the next
day with the supreme court sheriff
but was released within few hours
upon a pardon issued by the then
Governor, Ed jackson.
Arthur L. Gilliom, then attorney
general. Immediately moved the SUI
preme court to order Shumaker
back to the farm to complete the
sentence on the ground the Gov
ernor usurped power in issuing the
pardon.
The supreme court Dec. 28 held
that Shumaker must serve the sem
tence. Shumaker exhausted few
technical moves and then went TO
federal court, Dec. %. The court is.
sued temporary habeas corpus
writ which kept Shunaker out OF
iail for the time being. This writ