The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-09-29
Mayor and His Aids Given
Searching Answer by
Municipal Judge.
RAPED AS 'FLIPPANT'
Charges of Difficulty in
Getting Warrants Are
Held Misleading.

swer to the charges, and to sugges
ton that criminal and civil munich
pal judges exchange benches.
Municipal Judge Paul c. Wetter
the other criminal judge, today re.
fused to comment on the proposed
change, other than to assert he al
ways had and would cooperate fully
with Police Chief Jerry E. Kinney
In an hour and half conference
today Mayor Sullivan, Kinney ano
Charles Myers, safety board presi-
dent, discussed the proposal to shift
the judges, and work Of the city
investigator with Merle Wall, dep.
uty encouragement.
Judge Cameron'S statement:
IT note from your issue of Sept
% an article headed: Mayor and
Board of Safety in Statement.
These claims are misleading, flip
pant, and groundless, made with the
audacity of the Semblance of truth
The statement contains these words
Under the ruling of the local NUM-
cipal criminal courts the state is
unable to convict in many cases
upon arrest made without a search
warrant. These search warrants
have been difficult to obtain from
said courts, we think too difficult
Because of the difficulty experienced
in obtaining search warrants we
decided, etc.
UphoIds His Course
Neither the mayor nor any men,
Der of the board ever has asked for
the issue of a search warrant from
the judge of room three, over which
I preside. 1 never have refused to
issue a search warrant where the
law has been complied with by any
one seeking to obtain such warrant
I have issued a number of them
and seldom have been reversed on
appeal.
I have taken the evidence of each
person asking the issue under oath
as the law requires. and if probable
cause is not sufficiently shown to
convince me, that the search war
rant should be issued legally, re-
fused, as is my sworn duty to do.
THE issuance of a search warrant
is a judicial act, not a ministerial
act, therefore it takes evidence, re-
liable competent evidence, to de-
termine the fact whether one
should issue.
There is a judge of the United
States district court, three United
States commissioners, at least eight
or ten other judges, and one justice
of the peace in Marion county, each
with authority to issue search war
rants.
All Have Authority
Their particular location does not
disturb, lessen, or increase their au-
thority to act in their judicial ca
pacity. The jurisdiction inheres in
the court, and not in the individual
Judge and not in the building where
the judge holds his court. Surely
the mayor and board OF safety are
cognizant of this fact.
after reading the statement OF
the mayor and his board, it seemed
apparent some one was trying to
shift responsibility. Then I won
dered if we we're returning to the
practice grown up in England OF
issuing so-called writs of assist
ance, Originally by the star cham
Der. under color of which messen-
gers of the king entered any and
all places agreeable to themselves
searched and seized such papers and
evidence as their will dictated.
Their justification at that time
was the publication OF seditlouS IL
bells. and the end sought the sup
preston of such utteranceS. Lord
, Camden quickly disposed Of this
outrage in no soft language, as tol-
lows:
But still it is insisted that there
has been a general submission, and
no action brought to try the tight
I answer. there has been a suomls-
sion of guilt and poverty to power
and terror of punishment But II
would be strange doctrine - assert
that all the people of this land are
bound to acknowledge that ID be
universal law which a few criminal
booksellers have been afraid u DIS
pute.'
House Is Castle
I'm April. 1866, the house OF COM
mons nassed resolutions condemn
ing these so-called general war
rants. whether for seizure Of persons
or papers. Chatum tersely stated
EVERY mans house is called hi'
castle. Why? Because it is sur
rounded by a moat or defended nN
a wall? No. 1t may be a straw
built hut. the wind may whistle
around it, the rain may enter 1t
but the king can not.
Furthermore, the local municipal
courts have no rulings different
from that of any other court o.
courts above mentioned, in the Is
suance of search warrants, as the
board of safety we'll knows. and the
mayor surely knows the same fact
The only rule is the provisions o.
the federal Constitution, and the
provisions of the state Constitution
securing citizens from arbitrary. I'M
lawful conduct on the part Of the
federal government and its officers
and securing the citizen from arbi-
trary and unlawful conduct on The
part of the state and its officers.
These provisions not only secure
the individual in his person. hi:
home, and his property from inva-
sion through unbridled legislation
but they also secure the individual
IN his person. his home. and his
property from invasion through un-
bridled, administrative will.
1T Is Of the very essence Of a fret
government that the individual
shall be secure in his person, hi