The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-02-04
A Direct Challenge

lenge to the voters OF CIllS oCdV0'
His candidacy presents in striking way
tbe nroblem of whether there is to be any
control of government by the people or oe-
narture from our traditions to new phlloS-
ophv that the bench shall superSede ooVn
other branches of government ana ili'eeu'
the people themselves
# will be remembered that this particular
candidate, for he must be viewed as caiiul-
date and not as Judge when ne appears W
the neople for votes, was presumably elecVeo
bv the narrow margin of a single VOTE
There was a contest and then there was
written into the decisions and the Ia" Vi 'i'i'
state the monstrous doctrine that even
fraud once it was written into the recoroS
If the state. should become fact.
There was little question as to the allega-
ton that the rival candidate hao ooCaiile0'
actually. majority of the votes. but
lcountv clerk had made an error unlntentlon-
al or otherwise The high court decided thaV
once this error was certified by the secretary
.4o+o No mower could 90 behind it for the
truth. ,a
since that time many nroads have been
made on the constitutional rights and guar
antees of the people, so many IN truCh' 'i"'
the people must decide whether they are 10
be ruled by the Constitution and the legiSia-
ture or by the judges.
Il, the matter of contempt OF court, Cile
bench of which this Judge is part ana al
WAYS with the majority, has ruled that Cle
t,uth is no defense That alone presents us
challenge to the voters of the state
In the overthrow of the city manager
law il is a matter of record that the decision
DENYING the people of this city and OF other
cities of even this mild measure OF nome RUE
was based on the theory that the city clerk
could not canvass the petitions for an cleo
tion-and vet the very petition of the pollt-
ical interests which were intent on destroy
ing this form of government had alleged that
the clerk had so canvassed the vote. NO more
monstrous denial of popular government can
be found in judicial records.
In the matter of the Shumaker sentence
for contempt very grave and new principles
were written into the law of the state, judge
made law.
The old theory of pending cases was dis
carded Ii was to the popular mind, no
matter what the legal theory may have been,
a declaration that the courts are above crltl-
cism. And when the pardon power IN such
cases was taken from the executive the lib
erty of every citizen becomes a matter OF
the whim, the wish, the will of the judiciary.
Other decisions were equally challenging
to the public sense of justice.
When the Judges approved a raise in
their own salaries, they took step that did
much to destroy public confidence in the
courts themselves.
This newspaper happens to believe that
the final security Of all rights and the final
stability of all government rests upon public
confidence in the courts, and especially IN the
highest court.
The country is safe as long as our citi-
zens have faith that the machinery of justice
gives justice and nothing else, that the
courts are above suspicion, that their decl-
sions are founded on law.
This newspaper believes that the coun-
try is headed for something far different
than orderly government when popular con-
fidence is withdrawn from courts and when
people believe that the courts no longer are
guided by the blind goddess.
For that reason, we repeat, there is
challenge in this candidacy. Approval means
an acceptance of all these decisions. 1t
means something new in government. 1t
means a change of systems.
This newspaper still believes in the power
of people to rule themselves. 1t stiIf has faith
in the institutions of democracy.
1t still believes in the old theory of
legislative, an executive, a judicial diStribu-
ton of the functions of government.
When there is intrusion by any one of
these departments upon the others, there is
dynamite under our Rock of Ages
4 Dov0uf