The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-12
sekIspJ-So~AR
Change Something

More and more it becomes apparent that
the people of this state must either change
their constitution or their supreme court.
It might not be the worst idea in the world
to change both.
Through some sort Of delicate reasoning, the
highest court has now decided that it is I'M
possible for Legislature to impeach either
Judge or a prosecuting attorney, The only way
in which such officials may be ousted from Office
is to convict them of some "high crime" and,
after they are convicted and presumably in
penitentiary, they can then be put out of
Office.
The absurdity of such a condition becomes
apparent when it is remembered that crimes
must be prosecuted in the counties in which
they are committed.
The prosecutor has broad powers. A judge
has even greater authority.
It is quite conceivable, under this decision,
that judge and prosecutor could enter into an
agreement to rob, pillage, blackmail and even
murder and as long as they did not carry their
crimes outside the county in which they have
authority, be perfectly safe and remain in
oAice.
The decision came in the case OF Judge
Dearth Of Muncie, notorious for his contempt
decision and his arrogant use of power to sup.
press newspaper which had criticised him.
- Two years ago an indignant legislature,
pressed by an indignant public sentiment, tried
30 impeach him.
It is a matter of history that The Times had
Bonethnig to do with presenting the facts to
the public and, after the people knew the facts,
the legislature acted.
It is matter Of memory that Dearth es-
capped conviction in the senate by very mar
row margin and only after utility lobbyists and
Klan officials had gathered during a Sunday
adjournment.
The ofense of Dearth was that he had ex-
eeeded his powers by sending out police and
taking papers away from newsboys
The supreme court now says that the iegisIa-
ture has no power to interfere with any mad
ness of any Judge.
In most counties there is but one Judge. In
no county is there more than one prosecutor.
It is we'll within the realm of magma
ton to believe that in some counties prosecus
tor and judge might combine to commit crimes.
1t is more than suspicion that in at least
one county in this state there has been gen.
eral understanding between such officials to
eondone crime and protect criminals
Unless the legislature has the power to
check and curb prosecutors and judges, then
the door is open for reign of injustice, crime
and tyranny.
Perhaps the judges have correctly inter-
preted the language of the constitution, but it
is certain that the people, in these days of vast
temptation for all officials, will not rest content
with such condition.
The decision is just another argument for
a constitutional convention to remedy some
of the conditions that have arisen under years
Of hair-splitting decisions as to what the origi-
nal constitution contemplated.
No better service could be rendered by the
legislature than the calling of such conven-
ton at the earliest possible moment.
The whole Judicial machine needs fixing.
II lacks carburetor, its cylinders need grind
ing and the timing gear needs adjustment.