Indianapolis Times, Volume 39, Number 76, Indianapolis, Marion County, 6 August 1927 — Page 4

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SdUPPS-HOWARb

Shumaker and Free Speech jj There should be but one happy person I today in Indiana as the result of the sentencJ ing of Rev. E. S. Shumaker, head of the Anti- * Saloon League for contempt of the Supreme j Court. - That person is Dr. Shaumaker. j‘. His enimies will rejoice. They should i'weep. His folowers will weep. They should j< shout in jubilant hallelujah. J- Thinking persons may well pause to consider what the sentencing of this man, long •a dominating figure in Indiana, long the > leader of cause which he lifted to the heights jtof intolerant fanaticism, really means. if Contempt of court in the past has been jjconfiend to discussions of pending cases. This sentence means that no one may discuss, I'aparently, decisions of courts. It means that the Supreme Court has ttaken charge of politics in so far as it reflates to its own membership and that an L arbitray power not given to other branches ! of government will be asserted to protect its members from false and perhaps malicious attack. # ♦ # * IV * Thas some challenge should be made Cgainst the creation of a super government l*which is more powerful than the organized was necessary. But that the should patently destroy that freedom of speech and make any institution or [any official beyond criticism is most lamentfable. \l To properly understand the situation, the fpeople should understand the nature of the [[proceeding under whidlh Shumaker is sentenced. The power to punish for contempt is jjheld to be one which is inherent in the court [[itself and comes from no statute. It exists [ without action of the legislature. While [[there are laws which define this power for '• lower courts, there is no statute in regard to the power as it exists in the Supreme ;C Court. f The power to punish for contempt is ij, necessary for the orderly conduct of the courts. It is of two kinds. The first is that ;*comitted the presence of judges. A man .'jfvho cursed or-fought in the presence of the jjfcourt must be suppressed. It is necessary Sl'to have the courts free from interference. ;That power is essential. The other kind is that committed away ‘jEfrom the presence of the court. It is exJjerted when the courts believe that they can!*not function honestly and fearlessly. It is j|used only when the power of the court is Unblocked by conditions which should not exist. Other courts have held that discussions < r SJanud criticisms of cases pending before them j|of a nature to inflame public opinion, arousjyjng public sentiment in regard to a particular decision constitutes contempt. l| That power is well settled. No one disifputes the right or the duty of judges to [.protect themselves against a proper funcirtioning of the courts. They must be free ;L.to declare the law in the light of the constiijLtution. * • ]j* But this power has never been exerted j; in discussions of cases which have been dekcided. The courts have never held that their ■Fdecisions are beyond criticism. They have U-never said that comments on cases which ! | were asettled was contemptuous or interfered with justice. il Whenever this power has been exerted, ; | it has-been considered a swift, summary acjl’tion to remove the influences and to permit j|the courts to function. i| The very nature of the remedy implies -1 that there is an emergency, that the power It of the court is chalenged, that the judges ;|are unable to function. It is exerte donly when judges are conjjj vinced that they cannot properly dispense IS justice because of inflamed public opinion. 'I This court waited for eighteen months before it discovered that Shumaker had made it impossible for them to properly de- ; c' : de liquor cases. That very delay would seem to nullify, ; to a very great extent, every argument of the opinion which found that Shumaker had ■ become a menace to justice. What has been the condition of that j court on liquor cases for the past eighteen | months while this matter awaited decision? The decision of Judge Myers, on which j Shumaker is sentenced, has this to say: ; “Os course the criticisms and threats made could not have the effect to control the de- }! cision of cases which had been finally dis- > posed of. Such was not their purpose; but they were well calculated to affect the mind |y of a timid judge who might be concerned as to his re-election and to influence his decision Improperly in like cases which were pending or which might be filed later.” • , ! It is entirely proper to call attention to \ the fact that this Cpurt has decided many of !j he liquor cases referred to by the attorney

The Indianapolis Times (A SCRIPPS-HOWABD NEWSPAPER) Owned and published dally (except Sunday) by The Indianapolis Times Publishing Cos.. 314-220 W. Maryland Street, Indianapolis, Ind. Price in Marlon County, 2 cents—lo cents a week; elsewhere, 3 cents—l 2 cents a wees. BOYD GURLEY. ROY W. HOWARD, W, A. MAYBORN, Editor. President. Business Manager. PHONE —MAIN 3500 Member of United Press, Scripps-Howard Newspaper Alliance, Newspaper Enterprise Association. Newspaper Information Service and Audit Bureau of Circulations. “Give Light and the People Will Find Their Own Way”— Dante

general as pending when he charged Shumaker with contempt. Were there timid judges upon the bench? Did they write their opinions in fear? Were these other defendants victims of opinion created by Shumaker? It is also entirely proper to call attention to the fact that there has been an election held since Shumaker was called before that court and since the six lawyers called in to advise the court told them that he was in contempt. It is entirely proper to call attention to the fact that a session of the legislature has been held since that time. * * * If that court was rendered powerless or even less powerful to give even justice because of the Shumaker conduct, what is to be said of these eighteen months that have elapsed between the film of the charge and the rendering of the decision? Does it prove the charge? Or does it indicae that the court was so affected by his conduct as to make it unable to properly function and to properly interpret the laws of the State in the light of the constitution? § # # # •What is this contemptuous act of Shumaker? Would it have ben contempt had any other htan he done the same thing? These are important questions. For upon them may depenud the liberty of every citizen and every editor if some new and unusual power is established in any court. Shumaker wrote a report. He denounced certain decisions. There can be no question but that he distorted these decisions and make false satements concerning them. He was interested in inflaming opinion in regard to the dry law. He would not deny that he believes that the law is more important than the consitution and that whatever intereferes, even if it be written into the constitution, with the enforcement of the Wright law is to be cast aside and discarded. When the Supreme Court decided that the freedom of homes fro munlawful search, guaranteed by the constitution, had been invaded in certain cases, Shumaker saw in that decision the failure of the laws he had dictated and passed. He has never held the Bill of Rights in high Tegarci, althoug he now suffers from in invasion of them. He knew, as do all other leaders of the Anti-Saloon League that the dry law is not enforceable as long as the constitution protects the home from unwarranted and illegal search, a right gained after centuries of struggle and of sacrifice. And so in his report to his trustees he took these decisions which followed the constitution and twisted and distorted them and painted what he called a “dark picture.” He said that the court had ruled that criminals would be turned loose if any mistake had been made in a search warrant. The court had only given anew trial to men taken under eleven search warrants which plainly were in violation of the constitution. He called the judges “liberal,” and asked, for dry judges. He denounced one judge by name. Assume that he falsified the record in these cases which had been decided. Assume that he pleaded for “dry” judges and in his meaning, a dry judge may be a judge who would throw away the rest of the constitution for thejsake of the Wright law. Is it worth while to throw away the rest of the Bill of Rights in order to stop this one man ? The remedy against falsehood is truth. The cure for intolerance has never been in force. Gene Tunney says he’ll quit fighting as soon as he gets married. Maybe so, Gene, maybe so. Mae Murray is suing because someone sold her a house that she says is beginning to fall apart. We didn’t know the people of Los Angeles ever sold houses to one another.

Law and Justice By Dexter M. Keezer

A woman went to a hotel where the proprietor had been selling whisky to her husband and tried to induce ner husband to go home. In attempting to discourage this endeavor, the proprietor said to the woman, “Get out of here. I have looked you up, and in your younger days you were no good, and I can prove it.” The woman sued the proprietor for slander and was awarded $250. He appealed from the trial court decision, claiming that his reference to the woman’s conduct in her “younger days” was not slander because any offense to which it might have referred had been eliminated by the lapse of time. HOW WOULD YOU DECIDE THIS CASE? The actual decision: The Supreme Court of New Jersey sustained the award of damages to the woman on account of slander./ It said that even though the words! used referred to the distant past, their present significance was such as to justify an award of damages for slander.

THE INDIANAPOLIS TIMES

Why the FUzhugh Weather? Meteorology

TRADE WINDS AND COUNTERTRADE WINDS The name of the trade winds implies that, according to the old nautical phrase, “blow trade,” or constantly in one direction. It has nothing to do with their benefits to commerce, though this was very very great when sailing ships were universal. These winds are, however, hardly so steady as their name implies. Though they blow almost always from an easterly quadrant, their direction at any one place is subject to a good deal of variation, and their force is even more variable. The northeast trade over the Atlantic has an aferage velocity for the year of about 10.5 miles an hour, varying from a mean of 7.5 miles an hour in October to a mean of 13.5 miles an hour in April. The southeast trades of the Atlantic average about fourteen miles an hour for the year. In view of the prospective requirements of aeronautics, it is a fact of much interest that the trades are rather shallow winds. Their vertical thickness has been found, by observations with pilot-balloons and otherwise, to range from less than a mile to two or three miles. Some distance above the trades there are winds called “counter-trades,” which blow from a westerly quadrant. Thus aircraft flying between southern Europe and the Caribbean will find it advantageous to use the trade winds for the westward journey and to rise into the counter-trades when flying eastward. All rights reserved by Science Service. Inc.

Mr. Fixit Weeds Shoidd Be Cut to Prevent Hay Fever

Mr. Fixit, The Times reporter at city hall, will be glad to present your complaints to city officials. Letters must bear writer’s name and address. Names will not be published. Dear Mr. Fixit: Last year Indiana paid a costly Legislature to make our laws. One was the “hay fever” law, in which property holders would be required to keep weeds cut within a radius of five miles of the city limits. All summer we have been watching a most luxurious crop of weeds grow and blossom. They are now about ready to throw off their poisonous polen for the benefit (?) of hundreds of person who suffer annually from hay fever. Indiana has more such persons than any State in the Union. And now that we have a law to help, if not actually prevent, why can’t it be enforced? ? Imposing a fine on guilty property holders might help out the depleted treasury of city and counties, and give the weary motorist a chance to rest. ONE WHO KNOWS HAY FEVER. Officials will investigate this condition and do the best possible. They say the law does not designate a five-mile radius from city limits. Mr. Fixit: Reading your items in The Times has become quite a hobby for me. Now I am asking you to get me and my neighbors some results in regards to our street, Rembrandt St. between Indiana Ave. and Eighteenth St. We wanted it paved. Can’t get it. We wanted it graded and oiled. No luck. Now Mr. Fixit, do your stuff. Please. H. F. Street commissioner’s office has a record of your request for grading and oiling. They have no oil at present, but promise to do something about this. If residents along this street want it paved, a petition may do some good.

Brain Teasers

Answers to today’s Bible Quiz are lound on page (00) 1. What incident from Old Testament history is represented in the sketch below?

2. On what occasion did Joshua command the twelve men to bring stones from the bed of the Jordan? 3. To whom did Jesus give His commandment on divorce, “What therefore God hath joined together let not man put asunder?” 4. When Jesus rode into Jerusalem before His betrayal, what was His first act in the temple? 5. To whose house did King David bring the ark of God after Uzza was killed for putting forth his hand to touch it? 6. How long did David rule over Israel? . 7. What gifts did Solomon ask of God after he had been crowned king to succeed David? 8. How was David restrained from building a temple for the covenant of the Lord? 9. Out of what fisherman disciple’s boat did Jesus preach at Lake Gennesaret? MO. Who was Ruth’s mother-in-law?

Women’s Rights! How About Some for Men?

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Chicago Civic Opera Manager Scouts Through Germany in Search of New Ta lent as Well as Ideas

By HERBERT M. JOHNSON Manager, Chicago Civic Opera MAGDEBURG, Germany, Aug. 6. —A few days in Germany is sufficient to convince one that as great a change is coming over the German as I had occasion to report in the Italian population. This na ; tional change, however, is decidedly for the better in every respect. Here, on every hand, the visitor is greeted with a smiling welcome, prompt and efficient service and scrupulous cleanliness, of course “The land of the feather bed” has vastly improved through its brief experience with democracy. The country is prosperous, crops are bountiful, and the land is a hive of industry with trails of smoke curling from every factory stack. Tourists respond to the welcome extended them and no small number of “foreignors” have taken up summer homes in the sumptious quarters where Teuton industrial princes formerly held more or less medieval court. Barron Collier, a New Yorker, and a prominent factor in the advertising field across the continent to Los Angeles, affords an apt illustration, for this evangel of more and better business is said to now occupy the magnificent estate of Bertha Krupp, whose family throughout decades has had as its slogan more and better artillery. The great Krupp gun works, too, may be referred to as a symbol of the new conditions in Germany. They are operating full time turning out adding machines, typewriters and a host of products in no way related to their original purpose. Our group from Chciago delegated to make a survey of European opera houses to absorb ideas for Chicago's new home for the lyric drama assembled in Stuttgart just before midJuly to enter upon its labors. E. R. Graham, the architect, and his immediate party motored over from Paris, covering the trip by way of the Vosges and the Black Forest in thirty hours. Harry W. Beatty, technical director, and Edward H. Moore, chief electrician, arrived from Paris by train after an all-day ride and Charles Moor; stage director, came from Switzerland by airplane. Almost every one files in Germany. The Hanan line, which cov-

You can get an answer to any question of fact or information by writing to The Indianapolis Times Washington Bureau. 1322 New York Ave.. Washington. D. C.. Inclosing 2 cents in stamps for reply. Medical, legal and marital advice cannot be given nor can extended research be undertaken. All other questions will receive a personal reply. Unsigned requests cannot be answered. AU letters are confidential.— Editor. Must the president of the Cuban republic have the approval of the United States Government before he can take office? The American government has nothing to do with the election of the president of the Cuban republic. The Cubans can choose their president without interference from this country. What is the principle of the earth inductor compass? It is based on the principle of the relation between the earth’s magnetic field and the magnetic field generated in the tirplane. When the course has been set so that the needle registers zero on this compass, any deviat on, causes the needle to swing away from zero in the direction of the error. By flying the plane with the needle at an equal distance on the other side of zero and for about the same length of time that the error has been

Do You Know That the Community Fund supports four agencies which have taken care of 826 neglected and dependent children in the first six months of the year? These agencies are the Family Welfare Society, the Indianapolis Day Nursery, the Indianapolis Orphans’ Home and the Society of the Good Shepherd.

ers the country with its air lanes, carried some 60,000 passengers last year. The planes most frequently employed seat five passengers and fly at a speed of about eighty miles an hour at an altitude of 1,200 feet. We at home have a long distance to go to Catch up with Europe in this activity in which we should be pre-eminent. ■* . The Stuttgart opera was first to command our attention. It is a splendid plant, built in 1912 at a cost of 7,500,000 marks, about sl,875,000. It embraces two theaters, the larger seating 1,200 and the .-mailer 800 persons, and, like most German opera houses, the stage is larger than the auditorium. It is a very complete and efficient establishment lending its attractiveness to a public park, which it faces. A building devoted to studios, shops and workrooms connects the two auditoriums. The shops are very complete and the equipment turned out is excellent, especially the armor. The institution enjoys a great advantage ir that only six performances are given each week, as against an average of eight—often nine—in Chicago and almost as many in New York. The season extends over ten and a half months, during which a repertoire of sixty operas are heard. Although an excellent establishment, it has little to offer in the way of ideas applicable to Chicago. Upon our return to the Hotel Marquardt, after the inspection, we encountered Judge Pam and his sister, Miss Carrie Pam, both of Chicago, driving up to the door for a short stay in Stuttgart. Everywhere we have turned it has been the same story, familiar figures in American life enjoying their vacations in Germany. Munchen was our next stop, the principal attraction being the famous industrial museum. It embraces something like twelve kilometers—about seven and a half miles—of exhibits and is immensely interesting, but through lack of time we were compelled to limit our inspection to subjects of immediate interest. Munich next, and here we found

Questions and Answers

committed, the plane would be back on her course again. This inductor compass was so accurate that Lindbergh said he needed no other guide. Where is Kiev located? Is it the capital of Russia? Moscow is the capital of Russia. Kiev is a city of European Russia situated on the bank of the Dnieper, 670 miles south of Leningrad and 490 miles southwest of Moscow. , in ... Is the term “courtmartialed" used only when a man is convicted in a military court? To be courtmartialed means to be subjected to accusation, arraignment and trial in a military court. It is equivalent to the term in civil use “to be tried.” In a civil court a man is “tried” and may be either acquitted or found guilty. Similarly in military court a man is “courtmartialed,” or tried, and may be found either guilty or innocent. He is, nevertheless, “court-martialed” in either case since the term essentially means, “to be tried for an offense in a military court”—not necessarily to be found guilty in a military court. How old is John Coolidge, the son of the President? He will be 21 years old Sept. 7, 1927. How high are the highest waterfalls in the world? The Stirling falls of New Zealand, 1,904 feet, are the highest. How should a chamois skin jacket or windbreaker be washed? Wash it in warm soda to which household ammonia has been added —in preparation about 1 teaspoon to a quart of water, po not rinse too much. it to shape while it

everything in a state of preparation for the annual Wagner and Mozart festival, which extends throughout a month. The Wagnerian works are presented in the Prince Regent Theater and the Mozart works in the little Residence Theater, connected with the State Opera House. The Munich opera season therefore lasts about eleven months. It had little of a practical nature applicable to our problems to offer us save a chance to increase acquaintance with the splendid work of Leone Krouse. American soprano, who has been a leading artiste here for three years and also a feature of the festival, a delightful artiste, who doubtless will before long come into her own in her native land. Strangely enough, this popular and successful artiste has not been heard in opera at home. Most of the German artists at operas of this type are engaged onl an annual salary, with, a generous vacation period provided for and certain designated periods when they may add to their prestige and incomes by appearing as guest artists elsewhere. In a land of long season and many opera establishments the plan works out splendidly. The Irvington School of Music is presenting Bessalee Reavis in a pipe-organ recital Monday, Aug. 8 at 8 p. m. at the school. Miss Reavis is a pupil of Mildred Smith and she will be assisted by: Alice Cooper, reader, and Marjory McCullogh, cornetist. They will be accompanied by Adelaide Conte at the pipeorgan. The following program will be given: Fantasle” Stainer ' Nocturne" Chopin "Berceuse" Ilvnskv "Son* of India" Rlmsky-Korsakow Bessalee Reavis "Calvary" Rodney "At Dawning" Cadmnn "Largo" Handel Marjorv McCullough "Irish Love Song" Leone "Somewhere a Voice Is Calling" Tate "Bv the Waters of Minnetonka" Thurlow-Lleurancc Bessalee Reavls "Plav Make Believe" Bond “That Old Sweetheart of Mine" Rtlev Alice Cooper Finale—" Triumphal March” from "Alda" Verdi The recital will be followed by moving pictures which will be accompanied by Bessalee Reavies at the pipe organ.

is damp. If the jacket is an expensive one, it would perhaps be best to send it to a professional cleaner. What is the rest of the verse beginning “Ships that pans in the night, and speak to each other in passing?” The verse is from Longfellow’s “Theologian’s Second Tale. Elizabeth, Canto 4, Part 3,” and reads: “Ships that pass in the night, and speak to each other in passing. Only a signal shown, and a distant voice in the darkness. So on the ocean of life, we pass and speak one to another Only a look and a voice, then darkness again and silence. ’ What States produced the finest physical types of drafted and enlisted men in the World War? The middle western States. The following passed from 70 to 80 per cent of the men examined: North Dakota, South Dakota, Wyoming, Nebraska, Minnesota, lowa, Kansas, Oklahoma. Arkansas, Texas, New Mexico and Kentucky.

Times Readers Voice Views

Editor of The Times: I have been a regular subscriber to The Times since 1913 and certainly appreciate the courageous fight which it has waged and continues to wage In behalf of the people for clean government, free speech, freedom of the press and many other things which have been of vital importance to the people from time to time. JESSE E. FRANKLIN, 1820 Spann Ave., City.

AUG. 6, 1927

M. E. { TRACY SAYS: The Election of Judges Presumes That They Are Amenable to Public Opinion. Public Opinion Cannot Be Formed Without Open Discussion.

INDIANAPOLIS, Ind., Aug. 6. The Rev. Edward S. Shumaker, head of the Anti-Saloon League in this State, was held in contempt by the Supreme Court on Friday. To strip the case of technicalities, Shumaker is charged with having misrepresented decisions of the court in a report which he made eighteen months ago, with having accused the court of “judicial hairsplitting," with having criticised tha court in such a way as to create the impression that it was prejudiced with regard to liquor laws and with having set out to intimidate the court. The complaint, which was filed against him by Attorney General Gilliom, nearly one year and a half ago, refers to his political power as “a member of the clergy" and as having been "the superintendent of the Anti-Saloon League of Indiana," for many years. Just what bearing a man's inence or power in the community has on contempt is a question nob yet answered by our legal authorities, but it appears to have been given consideration in this instance. No Brief for League I hold no brief for the Anti-Saloon League in the State of Indiana or anywhere else, but law is law, and the way it has been applied in the Rev. Shumaker's case Interests me, because it could be applied the same way in other cases. Shumaker did criticise the Supreme Court of Indiana, did make statements that were extravagant at least, did appear to put words in the mouths of the Judges that they never said, but making due allowance for all that, his criticism was primarily of a political nature. In this connection it is worth remembering ttat the Judges are elected in Indiam. Story of Flum Case To begin at the beginning a man named Flum was arrested for violating the prohibition law some years ago. His counsel objected to certain evidence being admitted at his trial on the ground that it was obtained through a search warrant which violated the bill of rights. This warrant described tne premises to be searched as section “D.” Beech Grove. Section "D" contains eleven blocks and some twenty-five dwellings, not to mention three lumber yards angC other structures. When Flum’s case came before it on appeal, the Supreme Court held that this warrant did not comply with the provision in the bill of rights requiring particular description of the premises to be searched, that it was void, that the search was illegal and that the evidence procured was inadmissible. Callender Case * A man named Callender was arrested for vio’ating the liquor law at about the same time. The search warrant in his ease had been issued by a chief of pollco who had no authority to do so, and the Supreme Court held it void on this account. What Shumaker Said Taking these two cases and several others of similar character for his text, the Reverend Shumaker declared in his 1925 report: “This court in the Callender case from Elkhart and more particularly the Flum case from Beech Grove, in Marion County, and these re'nforced by a number of later decisions, has held that no matter how guilty a person may be of violating the prohibition law, even though he might have as many as three stills In his home and be engaged in manufacture of white mule that Is poisonous and deadly in its effects, should there be any mistake in the search warrant, such a person must be turned free.” Committee Decision Because of this and several other excerpts from his report, AttorneyGeneral Gilliom charged him with contempt in March. 1926. Instead of deciding the case immediately on its own motion, the Supreme Court called in a committee of six lawyers to render an advisory opinion. The committee decided by' a vote of five to one that Shumaker was guilty of contempt. That was a year ago last July, since which time tha case has rested in comparative quiescence. Search Evil Grave Now, more than eighteen months after Mr. Shumaker published his criticism, the Supreme Court holds Shumaker in contempt by an opinion of three to two. The court is to be admired for trying to protect people against unreasonable search and seizure. Unreasonable search and selzur® is a most dangerous power. It was one of the causes of the American Involution. 110 one can question the durability of preventing it. Public Must Talk But holding people in contempt of court for criticism that is one year and a half old, that had to do with cases already decided and that was made in a State whe judges are elected, even through the criticism was mistaken and misleading. is also a dangerous power. The elrction of Judges presume® that they are amenable to opinion. Public opinion cannot b*i formed without open discussion. If Mr. Shumaker, or anyone else who might head such an organization as the Anti-Saloon League could intimidate courts by instating their decisions, it logically fol- 4 lows that courts could stifle discussion by holding critics in contempt.