The Indianapolis times., 1930-07-22
THREE JUDGES
RECESS COURT,
SNUBB|NG PAIR
WiIIoughby, Myers, Travis
Again Decree Vacation;
Ignore Colleagues.
DOCKET STAYS JAMMED
Rumor of Rift Is Given
Added Weight; Steve
Case left in Air.
DOCKET STAYS JAMME1

Three judges OF the Indiana Su-
preme court this morning declared
a recess in the absence of two of
their colleagues, withholding from
them either the courtesy, right, or
privilege of presenting any decisions
which they may have written.
When Judge Clarence Martin ar
rived at the courtroom at about
three minutes after 9 o'clock, he met
Judges Willoughby, Myers and
Travis leaving the chamber. When
Judge Willard B. Genlmill arrived
about three minutes later, the
courtroom was deserted.
On July l, when the court was
about to recess until October to
give vacation to judges, a hurried
decision was made to return on
July 81 to dispose of important
matters. When the court met Mon
day the only matter of scores pend
ing that was handled was a routine
and minor matter relating to paw
ing Of a street in Crown Point.
Note Declares Recess
Judge Willoughby sent a formal
note to the clerk Of the court de-
claring the session recessed until a
call of the supreme justice. Will
loughby is chief justice.
One of the cases pending before
the court about which many rumorS
have been circulated is the appeal
of D. c. Stephenson, convicted in
1925.
The action this morning is the
first overt act in what long has
been suspected as a cleavage in
that body, in which three judges
who declared a vacation are pitted
against Martin and Gemmill. The
court had been due to meet at 9
o'clock. The three-minute delay
permitted of no discussion by Mar
tin or Gemmill as to the propriety
at this time of prolonged vacation.
in view of the clogged condition of
the calendar.
Why did they recess?
Willoughby is reported to have
told a colleague that "it's too hot
to work"
Myers Reported Ill
Myers offered no particular ex-
planation, but he is suffering from
a severe injury TO his back, re-
ceived in an automobile crash a
week ago. On Monday he suffered
from chills and was i'll enough to be
in bed, it was reported.
Martin and Gemmill, not having
voted for the adjournment, had no
explanation to offer. Both were re-
ported ready to proceed with their
decisions.
Travis had the most to say re-
garding the adjournment.
"This isn't really an adjournment,
but a recess" he explained. "The
supreme court never adjourns. We
can be called together at any time
the chief justice is convinced that
something of Importance needing
immediate action is pending. It
might be an original action filed
with the court or anything else."
Gust Another Case"
What about the@ Stephenson
case?" he was asked.
THE Stephenson case is just like
any of the rumber of other cases
that are pending" Judge Travis de-
clared. "Its Importance looms large
ly in the minds of some individuals.
OF course that is true Of any case
for the persons interested"
D. c. Stephenson will stay at the
Indiana state prison throughout the
summer, it was indicated.
Meanwhile appeals of thirty-nine
other persons who have been con-
victed and are now on bond are
waiting the high courts action on
transfers from the appellate court.
The list includes former Mayor
John L. DuvaH of indianapolis.
The law giving the appellate
court jurisdiction in misdemeanors
became ineffective Jan. l, and, be-
cause of the supreme courts failure
to pass on its constitutionality, it
has proved practically useless thus
for.