The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-05-13
Respect for Courts


"TbevH try TO dodge the consttut1onahty
as sure as I'm sitting on the bench.
This refers to the judges of the supreme
court of Indiana. 1t is the statement OF Judge
Of a Marion county court It refers to matter
Of great public Importance, the city manager
form of government
The implications Of this statement are such
that # is difficult 10 understand how the
Judges Of the high court can overlook TINS
comment from d so-called inferior court, II such
there be.
Unless the ordinary Interpretation OF words
is disregarded, the statement charges that the
iudoes Of the supreme court viii attempt to
joave the one big question for the people OF In
diananolis in state of legal uncertainty; that
fbev viii try. and that is the word, to shlrk the
rosnonsiI5litv of deciding this important queS-
lion. .l.-4 ,,,,i
In these DAYS when there is an almost uni
,orsal nlea for more respect for courts ana
the Judiciary. the statement brings an inevlta-
bic shock For it Is one Judge speaking Oh
other Judges. The tradition Of omnlsclence Is
rudelv swept aside. No longer do we nave
riot,,re If stern. unimpassioned justice, but Of
: shrinking. hcsItating, cowardly malden-1
not worse-who looks for some excuse from
giving positive answer to demanding ltl-
CANT.
OF course. the history Of litigation IN the
citv manager cases is such as to give some rea-
san for nudge to voice from the bench "haI
the man on the street has often declared ID
,ybisners lest his own voice might bring the
wrath of the ermined jovlanS.
i, will he remembered that for a few bne1
hours the people of this city and OF the state
believed that the law had been declared constl-
trtionaI Three of the five Judges had con
currod in the declaration that because OF the
crave public importance Of mooted question
it would decide the matter, or lat least write
sucb a precedent INTO a decision that no one
would he encouraged to again question the
RIGHT Of the people to rule themselves.
But ii was only for few hours. In the
morning one OF the Judges, by deftly eIlml-
Mating the letter as from the notation on the
decision. Withdrew his concurrence ii such
declaration.
And now Judge of local court charges
most Deliberately and in words that the Judges
will try to avoid giving direct answer to TINS
question.
* matter of common knowledge, the at
tack an The city manager law comes from the
,oIitical machine which has been most power
fuI in the past but which is now apparently
cracking from within and is faced with de-
.trlction from without il does not like the
change which the people have adopted.
But that phase of the matter is not impor-
tant unless some more adventurous soul than
has now appeared links this fact with the dec
laration of the local Judge, who declares that
the Judges will try to avoid the task OF decd
ing upon the constitutionality Of the law.
Respect for courts Is great thing 1t
must he had. Unless the people believe that
these courts are courageous enough and IN
dustrious enough and wise enough to decide
anv question. there can be no such confidence
as is necessary for orderly government,
Faced by this charge, made bysa Judge 1t
might add to public confidence if the accused
court. for the words amount to an accusation,
would assure the people that they really Will
never try to dodge any question which is prop
erlv submitted That much, at least, seems
reasonable-even if the question is never de
cided