Muncie Post-Democrat, Muncie, Delaware County, 15 July 1926 — Page 2

THURSDAY, JULY 15, 192C.

THE POST-DEMOCRAT

v Democratic weekly newspaper representing the Democrats of Muncia* Delaware County and the 8th Congressional District. The

only Democratic Newspaper in Delaware County.

Entered as second class matter January 15, 1921, at the Postotftce it Muncie, Indiana, under the Act of March 3, 1879.

PRICE 5 CENTS—$2.00 A YEAR.

Office 306 East Jackson Street—Opposite Public Library. GEORGE R. DALE, Owner and Publisher.

Phone 2540

Muncie, Indiana, Thursday, July 15, 1926.

The Case of George Dale. (Portland Republican.) Recent events at Muncie, one being the inaictment of Sheriff McAuley for alleged malfeasance in office, and raids on gambling dens, bootlegging joints and houses of ill-fame, ' ‘goes to show that George Dale, the editor of the Muncie-Post Democrat, knew whereof he spoke when he charged that ' conditions in Muncie were corrupt and immoral. These charges, however, have brought Dale to the gates of the state penal farm, ruined him financially and brought ■ down on his head the condemnation of those who had much better have been trying to clean up the situation rather than seeking the persecution of the man who had the backbone to point out the awful conditions existing in the Delaware county seat. y Judge Dearth is the judge who sentenced Dale to jail for •90 days and to pay a fine of $500 for daring to make public conditions that a few months later the judge himself found necessary to investigate and “clean up,” even leading raids in person. Yet pale, for only calling attention to the evils existing, faces a term in a state jail. It certainly looks a little peculiar for a judge to sentence a man for contempt of court for making public a bad situation and then, later, for the judge himself, to suddenly find out conditions are so bad that he must personally conduct raids and ask that the sheriff of the county be removed from office. Dale was haled before Judge Dearth and* without being allowed to offer any evidence or make any defense, was found guilty of contempt. Yet Dale offered to give proof of what he had charged—and which Judge Dearth later found out in his official capacity to be the truth. In sentencing Dale for contempt, it would appear that Judge Dearth had somewhat overstepped the authority vested in a circuit judge, and to have taken away from a citizen the rights guaranteed him under the Constitution of the United States. No good citizen denies that our courts have certain inallienable rights, authority and dignity to maintain. No .good citizen wishes it otherwise. Law would not be respected were it otherwise. But it must be admitted that all citizens have the right to criticise public officials and courts, so long as this criticism is couched in proper language and the criticism alleges no false charges. Courts are not corrupt of themselves, but sometimes judges on the bench are swayed by personal matters, and allow themselves to misconstrue the law and take unto themselves an authority not granted by the constitution. In other words they are not big enough for the position they occupy. A judge surrounds himself with a dignity only when his conduct and actions in performing his official dulies warrant it. He will be respected only so long as he conforms to the law set out in the statutes. He may make ir istakes in construing the law, but this doefc not lessen the standing in which he is held nor lower the dignity of his position. But in the matter of Dale it is reasonable to assert, in Athe light of recent developments and in view of what transpired at the time Dale was sentenced for his alleged -contempt of court, that the Delaware county judge took a personal view of the matter and did not consider the dignity of his court had really been offended. Had he been more liberal in views or more sincere in the enforcement of law at that time, it is reasonable to believe that he would have at least made an attempt to investigate the truth of the charges made by Dale, instead of doing so at a later date. At least : . he should have allowed the Muncie editor to present his side -of the case. Even the greatest of criminals in this country ■are allowed this privilege. As the matter now stands, it is no longer a question of serving a sentence for contempt of court by an individual, but it has become a question of the right of free speech and free press, which directly effects every citizen. Dale, the editor, is lost sight of in the larger question of individual rights guaranteed to citizens under the constitution. It is no 'wonder the larger newspapers outside of Indiana are taking up the matter and it is pleasing to note that many newspapers ! within the state are taking up the fight. Free speech and a free press will not be taken away without a desperate legal battle.

The Home Market.

Frequently we hear the merchants condemning the people for sending to mail order houses for articles which could be purchased from the home merchant. But let us look at the other side of the question. Just take the matter of road building. How many hundreds of thousands of dollars have been spent out side of this county for material to build roads in the county? Material no better ana in many cases not so good as material which could have been secured in the county. Should not that money have been kept at home? Then the material from out of the county had to pay freight to the railroads when that in the county could have been moved by home pec^le and that charge kept at home. It would be interesting to see a statement of the amounts spent in recent years in other counties, sometimes in other slates, money collected from the taxpayers of this county, to build roads in the county. To this might be added the amount of freight charges on this material. It would make an imposing sum. The blame for this is generally placed upon the shoulders of the contractors but it does not belong there. How can you expect the contractor to look after your interest when your own officials, the men whom you have elected, the local citizen whom you trust, do not look after your interests

in letting the contracts?

The trouble in recent years has been that the local dealer in road material does not contribute to the campaign funds of the republican party and, whenever possible, that party has seen to it that the material was secured where it would i)e profitable to that party’s campaign slush fund. Don’t you think it is about time to get away from the entire crooked deal ? Will placing a few new spokes in the wheel correct its wobbling? Would it not be better to get a new wheel? The merchant is just as much interested in this as any one else because the more money spent with home people the more money home people can spend with home merchants.

Are the Republicans Divided?

Much has been printed about the sad way in which the republican party is divided upon the question of farm re-

Indiana’s Sentenced Editor:

(Baltimore Sun.)

George R. Dale, editor of a little weekly paper in Muncie,

lief. Do you really believe they are in any way divided ? [ Ind., who has been fighting the Ku Klux Klan’s domination They realize that it will be impossible to carry both the East of government in that locality, has been sentenced to ninety

and the West by the same measure hence they pass no measure but get up a sham fight about the kind of measure which

days in prison and fined $500 for contempt of court. He publicly attacked the grand jury as a body of grafters, and

should be passed and then adjourn. The East will elect its later attacked the county judge’s jury commission on the stand—pat congressmen and the West,will elect its insurgent ground that it had packed the grand jury.

congressmen and can be depended upon to carry out republican theories of robbing all of us, through an indirect tax,

to enrich a few of us.

There was no chance of farm relief at any time, it was of the charges set forth therein. But that merely aggravat-

used for campaign purposes solely, in fact there was no desire for farm relief in the minds of the majority of the congressmen. Neither will there be any chance of nor desire for farm relief in the next congress if the farmers are deceived into electing another republican congress through this widely advertised but privately arranged split in the republican party. That party never was split but once and then it was over the division of offices and not over the relief of the people from any governmental trouble. That party division is only for public deception, and, if it works, will be so quickly healed after the votes are counted in November that it

will not leave a scar.

Covering Up The Dry Money. Wayne B. Wheeler, general counsel of the Anti-Saloon league, suggested in plugging up most of the sources of information as to money contributions to the organization for its control of politics and government. He didn’t want the list given out at all. Senators Reed and LaFollette wanted all of it. Senators King, Goff and McNary voted that they would take the last eighteen months of it, but fixed' a dead line at January 1,-1925, back of which they did not care to go. The partial disclosure revealed that the Rockefellers contributed $20,000 to the national organization within the period for which figures were made public. Wheeler’s stated reason for blocking publicity at this point and holding back the great bulk of secrets was curious. He said it might have a harmful effect on the “family, social and business donors. That’s an odd view to take of contributions to a cause of professed morality and social welfare. The opponents of prohibition have had to fight their way against the stigma of disreputability, which was the stock answer of the dVys to them, but William H. Stay ton, national chairman of the Association Opposed to Prohibition, revealed his list of contributors without evasion and it contained many distinguished names. The stigma now seems to^attach to the dry cause and the opposition might agree if it had more information. More information is just what Mr. Wheeler will not allow to get out if he can help it and with the assistance qf three senators against two he may succeed. The Anti-Salmon Jeague long refused to report how much it collected and how it spent it. Disclosures in part have shown forty-five millions of dollars and that is nowhere near a complete accounting. Who gave it and why? That is still covered up. What were all the purposes to be accomplished by the financing of the American people ? We are convinced that one of them was to divert public attention from attacks on big money. It was to give reform a huie and cry on another trail. A good law did not require this dough bag, but until the people know who filled it and how it was spent they will not know the inside story of Vofsteading the United States. There never was before an organisation professing to be of superior public morals which hid its processes with so much successful secrecy.—Chicago Tribune.

Less Law and Less Tax! The above battle cry had a great appeal to the voters in the primary election and may have the same appeal in November, as it should have if the Less Law part of it refers to the proper laws for repeal. So far little if anything has been heard as to what laws this candidate wishes to abolish. Is the law creating the office of county road superintendent and providing a fat salary for the incumbent one of these laws? Is the law establishing the state motor police force and providing good salaries and expense accounts for a lot of political fence builders to be repealed and the execution of the laws returned to the fyands of the officers duly elected for that purpose? Is that old and for years forgotten Anti-Horse-Thief-Detective law slated for repeal in the interest of the further removal of mob law? Is that pistol carrying permit law enacted by the last legislature as an incentive to personal violence to be placedvon the toboggan ? Are the prohibition laws of the state to be mad’e uniform with the national law and relieve our congested courts of a lot of cross p repose litigation and at the same time remove many of ^ne technicalities on which the law violators delay and frequently defeat justice? Yes, the people want less law and less taxes but they have a desire as well as the right to know what laws are to be repealed to reduce taxation. Let us have some light on this matter before the election that v/e^may not be blinded bv fl e brilliancy of your plans afterward.

New York World Speaks. (New York World.) Everyone who is interested in freedom of speech ana of the press is concerned in the fight against the klan which George R. Dale of Muncie, Ind., is carrying to the United States Supreme court. Mr. Dale tola the World yesterday how he and his journal, the Muncie Post-Democrat, have been persecuted for fdur years. He has been assaulted by thugs; he has lost his property; he has been dragged before kian-controlled juries. Not to avoid the short prison term hanging over his head, but to test the assertion of the supreme court that in meeting an accusation of judicial contempt “the truth is no defense,” he wishes to take his case to the highest federal tribunal. This will cost money that he does not possess. He should be given support by those who admire his gallant fight against kian tyranny.

Lawyers Go! Away.

The committee of six lawyers named by the Supreme f. court of Indiana to sit as sort of a jury in the Shumaker contempt case Thursday decided that Shumaker was guilty of contempt of court'but absolved the two lawyers, Miles and Martin, of all guilt. Just as the Post-Democrat said last week, the law does not seem to be made to catch lawyers. The lawyer-committee said Shumaker lied. Evidently they did not pay much attention to the Dale decision, since they decided that Shumaker lied and therefore was guilty. In the Dale case the court declared that the truth or falsity of

the words uttered or printed cuts no figure.

A Bigger and Better Court. Wise as were the framers of our constitution they fell short when it came to providing for a supreme court. The constitution was written in 1852, when the state had about one-fourth its present population and one-tenth of it its present wealth. The supreme court Avas to consist of not less than three judges nor more than five. If three judges was the minimum number in 1852, it would easily take twelve noAV. Moreover, in 1852 we had no prohibition lav/ with its hundreds of bootleggers. We had no automobiles to steal and with less than one-tenth the property to quarrel over, litigation was smaller and less complex than in these days. The constitution Avas made 74 years ago. That many years in the future would take us to the year 2,000, and who would venture to say now how many judges or what kind of courts would be needed in the year 2,000. Our present methods of selecting judges gets mostly men of very mediocre ability on both the appellate ana 1 supreme benches. When the Supreme Court is enlarged it lecting judges that will get men of ability.—New Castle Times.

On the Auction Block. In the recent Pennsylvania primary and probably in other states human liberty has been placed on the auction block and sold to the highest bidder by the republican organization just as the black slave was formerly sold although for a smaller price. The black slave brought a price of from $1,000 upward Avhile the AAdiite slave to the republican party is considered very expensive at $10 per head. A movement is on foot in congress to refuse seats to those members who buy their nominations or elections. Such should undoubtedly be the'practice if our standards of freedom and opportunity for, all are to be maintained, but where Avill our Indiana senators stand on that matter? Only a feAV weeks ago Jim Watson bragged in the senate that he voted to seat Newberry of Michigan and would do the same thing again. He can be counted upon to seat any stand-pat republican, no matter by what means .of political corruption he may have won the nomination or election. Echo Artie Robinson can be depended upon to folloAv Watson, even into the cloak room. Indiana’s present senators apparently favor the auction block in politics. Are you satisfied with that kind of representation?

Heads We Win, Tails You Lose.

Shumaker lied and was stuck. Dale told the truth and

was stuck. Heads we win, tails you lose.

r - •- -• — -

Good roads are a necessity, not a luxury, but road graft- ms. ' ing is a luxury, not a necessity. The expenditure of $3,200 ’jambs p. drag go. per mile for the up-keep of state roads is neither. It is just Auditor Delaware county, Indiana. plain inefficiency. Take the “con” out of republican economy July 16.

oy electing democrats at this fall’s election.'

NOTICE OF SALE OF DRAINAGE

. \ BONDS.

It appears from the aispatch from Muncie that in the course of his troubles with the local court Dale filed the second editorial as part of his answer, and offered to prove all

ed his offense, in the eyes of the local court. And the Supreme court of the state, according to the dispatch, found occasion to lay down the rule in its lengthy opinion that “the truth is no defense”—this evidently meaning that, whether or not Dale’s charges were true, he Avas in contempt of court

in making them.

This seems a monstrosity of the laAv. But Dale’s sentence would seem a monstrosity of the law even had the Supreme court made no such ruling. If a newspaper may not criticize the action of a grand jury or of a court, liberty is destroyed and the filthiest abuses may be perpetrated in the sacred name of law. To say tl^at a newspaper or a citizen may make false charges, or to say that Dale made false charges in this specific instance, is no excuse for the use of arbitrary contempt proceedings. There are libel laws through .vhich those unjustly attacked may seek redress. (Note)—This was reproduced in the Chicago Tribune Thursday as “The Best Editorial.”

NOTICE TO BIDDERS FOR COUNTY SUPPLIES.

Notice is hereby given that the Board of Commissioners of the County of Delaware, i;i the State of Indiana, will receive sealed proposals and bids at the oflics of the Auditor in the court house in the city of Muncie, said county and state, until the hour ot 10:00 o’clock A. M., on Saturday the 24th day of July, 1926, for the following supplies for said county: — Coal for the Children’s Home and

Cbunty Infirmary.

Bids for said coal shall 'be made on the basis V car load lots, prices o. b. Muncie, Indiana, for Children’s (Home, and f. o. b. Selma, Indiana, for County Infirmary, deliveries to be made in car load lots as

required by the Board.

Bids to be made on estimated amount of six hundred (600) tons,

more or less.

One Road Grader, ten (10) foot blade, for use on county highways’. Each bidder on coal is required to file a bond with his bid in the sum of $200.00 conditioned as required by law; each bidder on road grader shall accompany his bid with certified check for 5% of the amount of his hid guaranteeing the faithful performance of the contract should his bid be accepted. Proper affidavits of non-collusion

shall accompany all bids.

’ Tire Boa rd ' rw+er v% « ■ t he - i lgh t to

Alas, Poor Coolidge. Alas, Poor Coolidge; we knew him well; a man of silence, supposedly of the golden variety; the country was at his feet —and his silence; his very reticence attracted because of its peculiarity to the great office he holds; the country commented upon his firm set mouth, his granite-like chin, so like the hills from AA’hence he came; he Avas a boy of the mountain, the trickling stream; a man sworn into office in the deep dark hours of night, with none but chipmunks, the birds of the air and the katydids as witnesses, lighted by the flickeringglare of the tallow dip. Special train to Washington, and amid the Aveeping for his predecessor and the hope of that square-set jaw the nation hailed him. Then began that deep silence from Avhich none has been able to bring forth into its voice of authority. It worked Avell for a while but now the poor felloAv sits,; and he sits although—sitting and thinking and sometimes I only sitting. All around him his party is going away from him and by the time the 1928 convention rolls around lie Avill be still be sitting, and maybe thinking. Too bad, ’tis true, | but true ’tis.—Bluffton Banner.

“Ill TRUTH IS NO DEFENSE” (From the Vincennes, Ind., Commercial.) The startling story of George Dale, editor of the Muncie Post-Democrat, Avho has been held by the Delaware county court and refused retrial by the Indiana supreme court is the most startling story of the gag upon the liberty of the press that ever menaced a free people. Dale was" sent to the penal farm because he told the truth. The court gagged him, according to the story, and did not allow him eA/en the usual processes that Avere legal. In fact, Attorney Rooker says that in Delaware county the Klan super-government superseded the judicial oath of office. No denial was rhade that Editor Dale was not truthful. Editor Dale has exposed grafters, and then, to get even Avith him, they raided him and arrested him on a silly trumped-up charge, and because Dale roasted the officials, the jury and the court for the outrage, this man was railroad, and then the supreme court tied it up by declaring “even the truth is no defense.” If that is the law or the state of your citizen life or ours, you are strangled ahead of time for you have no defense. Even a laAv-breaker has a defense. If he is too poor the majesty of the law steps in while he is in jeopardy and furnishes him a defense and pays for it. why? Because every man’s liberty is regarded as just that precious. How is it in Indiana? Dale cannot defend himself. He is stricken down and ruined. He goes to the penal farm to serve punishment for the federal lords who want to venge their persecution. It will take $5,000 to take it to the United States supreme court. Every neAvspapcr man in Indiana ought to have nerve enough and courage enough to contribute to a fund to carry this case on. The editor of this paper will lead the way. Will every newspaper in Indiana respond by a contribution. Send your checks to The Vincennes Commercial. We want to knoAv Avhat the law is. ' If the “truth is no defense” dare you attack any official crook ? Ask yourself that question. There are 300 newspapers in Indiana and every one of them should back this lawsuit to the end that the United States supreme court that a court, out of humor and prejudice, can grab old man Dale and crucify him, admitting that he told the truth, but “the truth is no defense.” What is money to any man or any newspaper if you are to be imperiled that way? We want every Republican editor and every Democratic editor to respond. In fact, every business association ought to respond and help vindicate the honor and dignity of the press of Indiana. If you do not, degradation and lawlessness will surely follow. It is not Dale, the .person, but Dale of the press, who has been crucified.

State of Indiana, , Delaware iOounty. Before the Board of Commissioners of the County of Delaware, in the State of Indiana. In the matter of the proceedings for drainage by Mary E. Hedgeland et al. Notice is hereby given by the unjdersigned, Auditor of Delaware [County, Indiana, that pursuant to an act of the General Assembly of the State of Indiana of the 1919 session, at pages 775 to 781, inclusive of the Acts of 1919, that at the hour of ten o’clock A. M., on the 14th day of August, 1926, at the office of the Treasurer of Delaware County, Indiana, in the court house in the City of Muncie, in Delaware County, State of Indiana, the Treasurer of Delaware. (Cbunty. Indiana, will proceed to sell to the highest’ and best bidder, for cash, at not less than the face value certain drainage bonds of the face or par value of $6,687.20, bearing interest from and after the 8th day of June, 1926, at the rate of six per cent per annum, payable semi-annually, on the 15th day of May and the 15th day of November of each year for a period of five years. igaid bonds have been issued in stilct compliance with the laws of the State of Indiana and pursuant to and with an order of tire Board of Commissioners of the County of Delaware, in the State of Indiana, authorizing and ordering the issue and sale of said bonds for the purpose of pro-' /iding funds for the construction and ,the costs and expense incident thereto of the drainage reported in the above,entitled proceedings and known as the Mary E. Hedgeland et al. Drainage, which drainage was petitioned for by Mary E. Hedgeland and others in the Delaware Commissioners’ court of the County of Delaware in the State of Indiana, and established by the said Delaware Commissioners’ Court of Indiana, and which proceedings is now pending in said court. Said bonds will be ten in number, dated June 8, 1926, each being for the sum of $668.72. The first of said bonds will be due and payable on the 15th day of May, 1927, and two each year thereafter until all of said bonds shall have been paid. The right is reserved to reject any and all bids. JAMEIS P. DRAGOO. „ Auditor Delaware County, Indiana. July 22, 29 & Aug. 5. 0 The internal revenue receipts In Indiana for the fiscal year just ended, aggregated $39,473,253.84 This included $24,922,872.55 income tax and $14,550,381.29 miscellaneous taxes. Indiana was fourteenth in the list of states in the matter of internal revenue receipts according to preliminary announcement (based on telegraphic reports of receipts from collectors throughout the couptry.

MADDEN UPHOLDS CONGRESS; BYRNS CHARGE WASTE

House Appropriations Committee Head Praises Republicans. Washington, July 15.—Conti i cling claims as to the financial economies of the recent session of Con/ gress were set forth in statemenff; yesterday by Chairman Madden of the House appropriations committee and Representative Eyrns of Tennessee, the ranking Democratic member. Mr. Madden asserted the record for the session and the “traditional capacity of the Republican party for a business-like conduct of the government commended itself to every thoughtful citizen” while Mr. Byrns asked “if in the light of facts it could be contended that the Republican administration has kept faith with the people and fulfilled its promise of economy.” Senator Warren of Wyoming, chairman of the Senate finance committee, also issued a statenient taking H.jwsil ion similay to Mad- 4 den, and asserting that “no* session has tever made a greater record or a harder and more honest and faithful effort for economy in public expenditures.” Accuses Republicans. Mr. Byns accused the Republican party with fraudulent claims o rigid economy, asserting that “the fraud and corruption which found its way into high places under the Harding administration has continued into the present,” and said the “American people havo been startled by the. revelation that Republican senatorial nominations are being put upon the auction block.” In their lengthly statements which will he printed in the Congressional Recprd, Madden and Byrns agreed on only one point, that Congress had reduced by $0,802,000 the estimated expenditures for fiscal year just begun as submitted by the budget bureau. Mr. Madden said that while expenditures for the last fiscal year showed an increase of $55,000,000 over the previous one, $21,000,000 of the increase was due to retirement of the public debt and part of the remainder to financing of the soldiers’ bonus. • 10 HUB). MANY HURT I BLAST OF ARMY ARSENAL

Dover, N. J., July 12.—The bombardment of shells which has rained on the countryside intermittentently since the destruction of the navy ammunition depot at Lake Denmark Saturday ceased this forenoon and detachments of marines, soldiers and sailors prepared to enter “no man’s land” to make an immediate search for the dead. The bodies will be taken to the hospital at the Brooklyn navy yard. Rear Admiral Plunkett, commandant of the third naval district at Brooklyn, and Secretary of the Navy AVilbur are expected here during the day. Ten are known to be dead and possibly 30 others have been killed in the explosion of the naval arsenal. The property damage is estimated at more than $100,000,000. At least 400 persons have been injured according to the latest checkups. The first explosion occurred when * lightning holt struck a quan tity of ammunition at the naval base. A minute later, a heavy smoke began to rise from the depot that sheltered the depth bombs, weapons filled with TNT and stored for use against enemy submarines. Belief among stricken civilians in the fire swept area, which covers ten towns, is being pushed by the Red Cross and other agencies. More than 3,000 persons have been rendered homeless, it is estimated. Scotsmen settled in Nova Scotia in 1622.