The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-02-02
Relieving Judges and Contempt

Relieving Judges and Contempt
Every citizen who still believes that liberty is de-
fined by the Bill Of Rights viii be interested in legs-
lative which being hurried blythely toward
passage.
It's title suggests that there to relieve the
judges Of the supreme court from their arduous labors
It proposes the simple expedent of denying citizens
the right Of appeal to the highest court in certain
classes Of unless the judges themselves permit
such appeals
Before any such measure is passed and its neces-
sity determined the legislature might look into the
comparative records of the supreme and appellate
courts as to the number Of cases handled
But whether the court is overworked not, the
measure as it stands is well calculated to set up
reign Of judicial tyranny in the state.
one of the classes of cases which, if the measure
passes can be appealed only by consent of the judges.
S that of contempt of lower courts.
What will happen if this measure passes can be
easily forecast not imagined, by any one who has
followed political history in this state.
Judges would probably send to the penal farm
my one who dared to crticise their decisions their
actions and appeals might depend upon political
geography.
The courts in this state have consistently reached
out for more power to punish critics The highest
court in a recent case definitely ruled that truth
pretty. 1t permits judges who need criticism most
to terrify and jail any courageous souls who dare to
protest in the name of justice.
It is true that appeals to the highest court in
contempt have Melted the unfortunates little
in the past. For the most part the judges stand
soldly together in contempt matters and the higher
courts seldom look beyond the technical procedure
into the substantial justice OF contempt sentences
by the lower courts.
But the right of appeal should exist as something
of a deterrent to politicians who may happen to
garner robe Of ermne the reward of their labors
conventions and elsewhere in behalf of the party.
That the supreme court is far behind with its
docket is well known and furnishes the occasion for
the measure.
Evidently it has not occurred to any lawmaker
delve into the for the traffic congestion in
this court.
The people know that many cases stay there for
months and years before any decision is rendered.
There are many notable cases concerning which
the court has not yet given the final word.
Among them is The Stephenson case, matter of
public Importance beyond the effect upon the
famous convict. There was lapse of several months
between the closing of the issues and the filing of
new tangled writ which temporarily bars decision.
1t will be remembered that the court took many
months to discover whether the Rev. E. S. Shumaker,
Of the Anti Saloon League was actually in contempt
of It's judges months in which elections occurred
and politicians wondered what attitude the dry car
would take.
There are the cases of Mayor Duval, convicted in
the lower courts, and of Klinck, who dealt in the
federal courts in forged a1davits and false notary
seals.
One Of the guarantees of the constitution is speedy
Justice Long delays in final decisions not work
otherwise than for disrespect for all law.
With this condition in mind some legislator might
take the trouble count the decisions rendered by
the supreme court IN the past two years and COM
pare the number of opinions with those written by
the appellate judges.
1t is just possible that it may not be necessary at
all to curtaf the rights of citizens who find them
selves under sentence to prison farm b. some
judicial autocrat.
Certainly review by the highest court, as right,
is not too small check end curb to put upon judges
of the Dearth type who occasionally get into Office.