Indianapolis Times, Volume 39, Number 79, Indianapolis, Marion County, 11 August 1927 — Page 4

PAGE 4

The Indianapolis Times (A SCRIPPS-HOWARD NEWSPAPER) Owned and published dally (except Sunday) by The Indianapolis Times Publishing Cos.. 211-220 W. Maryland Street, Indianapolis, Ind. Price in Marlon County, 2 cunts —10 cents a week: elsewhere. 3 cents—l 2 cents a week. BOYD GURLEY. ROY W. HOWARD. W. A. MAYBORN, Editor. President. Business Manager. PHONE—MAIN 3500 THURSDAY, AUGUST 11. 1927. Member of United Press. Scrlpps-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

SCKIPPS-HOWARD

It Must Not Stand Whether Rev. E. S. Shumaker, head of the Anti-Saloon League, serves a prison sentence or not, is not so very important. It would satisfy those who look upon him as the enemy of personal liberty and a menacing political influence. It' would arouse the sympathies of those who look upon him as the inspired leader of a great cause. Time would wipe away both the gratification of his enemies and the indignation of his friends. But what is important is the assertion of power by the Supreme Court of this State to punish for comments, true or false, concerning the decisions it has rendered. Such decisions become, as precedents, the law itself, as powerful as though imbedded into the constitution and written into law. This nation finally rests for its vindication and its true purpose upon those guarantee* of Liberty as are written into the Bill of Rights. It was for these liberties that the revolution against tyranny under the form of monarchy was fought. This nation was not founded as a protest against a tax on tea. It was ordained by men who believed that human beings have certain inalienable rights and among them the right to rule themselves and form their own government, to change it as they please, to mold it to their needs. They knew, these men who had studied tyranny and sought to escape it, that human liberty and free government could net exist unless there was a freedom of speech which guaranteed to every citizen the right to discuss his own government. That right is the protection of every other liberty. Upon it depends free institutions. It is this right, so it seems to The Times, which is invaded by the Supreme Court of this State when it sentenced the head of the AntiSaloon League to prison. The right and the duty of courts to defend their dignity and power, to protect themselves against oppressive domination or the fear that might deter them from doing their full duty, is essential. They have asserted, not without challenge ■ and always against protest, the right to puhish for criticisms of specific cases which have not been decided. But that right has been established and always has it been maintained on the theory that the criticism must be concerning a ease w r hich is pending and undecided. The case of Shumaker is different. His report to his followers dealt with cases which had been decided. He thought they had been decided wrongly. The court says, the same court which rendered the decisions, that he rendered a false report to his following as to the nature and the meaning of the decisions. Even though the court asked a few lawyers to pass upon the matter, the same judges who rendered the decisions passed upon the truth or falsity of the Shumaker decisions. That is not important. For the truth or falsity of the Shumaker comments have nothing to do with the matter. The cases had been decided. They could not be influenced by any distorted report to the people. The important thing is that the Supreme Court now punishes a man for making a statement concerning decisions which had been rendered. They could, with good grace, punish for flattering comments as for critical ones. If Shumaker falsified the record, the proper answer was the truth of that record. No man, no organization can long have influence who deliberately tries to mislead his following. No movement in this country has ever gained enduring power upon falsehoods. "What is imporatnt is that the people assert and maintain their right to discuss any institution of government and any act of any of its branches. Without it, tyranny is not only a threat but a reality. The issue is greater than Shumaker, greater than any personality, greater than prohibition. It goes to the very foundation of the government itself, and if this power goes unchallenged, another stone has been dynamited from the Rock of Ages upon which this nation is built. There should be more than protest. There should be positive action. If it be necessary to write in plainer language the guarantee of free speech, protecting even from the highest court, that should be done. If a statute will make it clear, let it be done by the Legislature. If there was ever a question which is of public importance, this is one. The people should consider what this decision does to them, not to Shumaker. A delegation of women called on President Coolldge to ask for rights. Doubtless the President didn’t Effuse ’em. A ______

Another Twelve Days A respite of twelve days has been granted Nicola Sacco and Bartolomeo Vanzetti by Governor Fuller of Massachusetts. For that long, at least, they are to live in order that their attorneys may take every action in their behalf that is permitted by the law. Boston dispatches indicate that it was only for this reason that the Governor has ordered this last minute stay of death. But there is a better reason. ( Let us consider Sacco and Vanzetti for a moment as merely two men convicted of murder. The editor of this newspaper does not know whether or not they w're properly convicted. He does not know whethc. * are guilty or innocent. He knows that some of the *• lawyers in the United States—in no way connected with the case—after painstaking examination of the evidence and the trial record have declared their belief that the State of Massachusetts has Completely failed to prove guilt. He knows, on the other hand, that three eminent and honest citizens of Boston, after an equally sincere study of the case, at the Governor’s request, have declared the two men received a fair trial and were proved guilty. In a situation as uncertain as this what can be done? Doesn’t the question answer itself? Commute the sentence to life imprisonment. Take no life while this uncertainty exists. Time may bring forth the truth. If the truth shall happen to be that they are innocent of murder they can be set free and the state itself saved from the commitment of a terrible crime. If the truth shall happen to be that they are guilty, what then? They will still be in prison—for the rest of their lives. They will still be paying a penalty as severe, in the minds of many great criminologists, as the death penalty. They will still be undergoing a punishment that many regard as less merciful than death. They will have received what is the maximum sentence now in a great number of our States. Now let us consider the case as that of two anarchists convicted of murder. Not convicted of anarchy, but of murder—the robbery and murder of a man carrying a factory pay roll. All we have said above still applies. It would apply whether they were anarchists, communists, socialists j —three very different things, by the way—or Democrats, Republicans, monarchists or fascisti. They were not convicted of being anarchists, but of being murderers. Yet, all around the civilized world there are people who believe that their conviction resulted solely because these men are professed anarchists. There are millions in this country who believe that. There are many millions more in other countries who believe it. They believe that the case against Sacco and Vanzetti was so incomplete that had they not been labeled anarchists —and in the year 1920 when the United States was vastly excited over an imaginary red menace—they would have been acquitted of the murder charge. They believe that the State of Massachusetts is now proposing to carry through the execution of these men solely because they are anarchists. Some who believe this are gentle, orderly citizens. If Sacco and Vanzetti die they will suffer for what they consider a great wTong done to two fellow human beings. But they will not'attempt to do anything about it. Others who believe this are of a different kind. They are men of disordered minds who feed these passions on every evidence of Injustice that meets their eyes. They are destructionists. The death of a Sacco or a Vanzetti is to them a signal to destroy. They are the type of anarchists that we picture carrying bombs. “We die for anarchy,” said Vanzetti in a final message from his death cell. What did he mean? He meant that the electrocution of himself and his fellow prisoner would turn many discontented persons, the world around, into destructionists. And Vanzetti was right. There is no good to be obtained from blinking this fact. Vanzetti knows that millions consider him innocent and that among these millions are many whose minds will be upset by his death. It is, for the reasons given, the belief of this newspaper that the electrocution of Sacco and Vanzetti will make two anarchists for every one that exists in the world today. Commuting their sentence to life imprisonment will have the opposite effect. It will be a declaration to anarchists and budding anarchists that in America men are not sent to their death while the least uncertainty of their guilt remains. It will be a declaration that in America government exists to protect and not to oppress. All government is oppression, according to the anarchist’s teaching. Massachusetts can disprove this in striking fashion. While the attention of the world is centered on this American State the opportunity offers itself to strike a useful blow at the very idea of anarchy. It is to be hoped the Governor of Massachusetts will make use of the opportunity. Does anybody remember the good old-fashioned days when girls made poets out of men instead of rubbernecks? The apple crop forecast is excellent. Maybe the doctors had better put off their vacations until winter.

Law and Justice By Dexter M. Keezer

A garage man, with wrecking equipment, went to the aid of an automobile which had gone into a ditch at the side of the road. In order to get the automobile out of the ditch it was necessary to set up a windlass and stretch a steel cable across' the road. An automobile driver going at a high rate of speed came along, crashed into the cable, tipped over the garage man’s car and injured him. The garage man sued the auto driver who had hit the cable for damages, claiming that he was driving recklessly and that the accident was due to his negligence. The man who hit the cable contended that the garage man was making an improper use of the highway in stretching a cable across it, that he was a trespasser and consequently not entitled to damages. HOW WOULD YOU DECIDE THIS CASE? • The actual decision: The Supreme Court of Minnesota sustained an award of damages to the garage man. It said that in stretching a cable across the road to give assistance to a wrecked automobile he was no making an improper use of the highway and was not a trespasser.

THE INDIANAPOLIS TIMES

M. E. TRACY SAYS: Airports Are to Aviation What Terminals Are to Railroads. People Are Going to Fly Where There Is a Place to Land.

COLUMBUS, Ohio, Aug. 11.— Lindbergh flew over Toledo on his way to Detroit just before I left. Fifteen thousand people assembled in the park to wave him godspeed and as many more were on the roofs and fire escapes of downtown buildings. This man’s hold on the popular imagination is amazing. His character probably has more to do with it than his exploit. He is the kind of chap all boys would like to be. The queerest pajrt of it is that the public seemed to sense his heman qualities from the very start. Understands Boys Lindbergh might have been a movie star by this time if he had consented to sign his name and take a million. His refusal to make a monkey out of himself for the sake of a fortune is not the least of his admirable traits. He won't even pose as a “tin saint” for boys. No sooner did he learn that some well meaning, but very foolish women had issued a circular advising boys “to follow Lindy's example and abstain from smoking cigarets” than he proceeded to smoke one. Whatever you may think of the act from a moral standpoint, it certainly shows independence. More than that, it shows a fine understanding of boys. Young Men Aroused Whatever Lindbergh may have accomplished in other respects, he has done much to interest the people of this country, and especially young men, in aviation. He has visualized it not only as a field of adventure, but as a medium of everyday service. More interest has been taken in the construction of airplanes since he flfsw to Paris than during the previous eight years. For the first time, we are beginning to look upon aviation as something besides an agency of war for the government to develop For the first time capital is beginning to regard it in the light of a fairly good investment and young men to think of it as offering them steady worth while careers. Airports in Demand On Sept. 1 a meeting of representatives from Ohio cities will be held at Columbus to consider the establishment of airports throughout the State. Airports are to aviation what terminals are to railroads. The city that does not have one when the currents of air traffic begin to shape themselves will be left out in the cold. . People are going to fly where there is a place to land. Those communities that get in on the ground floor will enjoy a real advantage. Sacco and Vanzetti Sacco and Vanzetti have been given another stay of execution, and rightly so. Their case has become the center of too much agitation to leave one stone unturned in their behalf. Meanwhile, and especially for the benefit of these who seem to think that they have been railroaded, it is only fair to recall that few defendants have enjoyed such consideration. Many a poor devil has gone to the chair in this country with not one-tenth of the opportunity to be heard, or one per cent of the money to hire lawyers. Philippine Problem General Wood, having been laid to rest, it becames necessary to find anew governor-general for the Philippines. President Coolidge is said to be looking for a civilian with some military knowledge. Former Secretary of War Henry L. Stimson, who was supposed to have settled the Nicaraguan rumpus, but who did not, is prominently mentioned. So, too. is former Senator Wadsworth, who has good claims for party consideration, whatever his other qualifications may be. Regardless of who lands the job, it will be a tough one. One does not have to agree with the policy he pursued to realize that General Wood understood that Philippine problem well, and had not only a definite program for solving it his way, but exceptional executive ability. The man who takes his place must be well equipped, or suffer by comparison. Doing and Liking Mrs. Florence Land, of Topeka, Kan., takes her two little boys and hies to an island cc*'e, where she can throw off the restraints of civilization and be primitive. It sounds queer, until you learn that she was born in that cave and lived in it for several years. The authorities took her away, sent her to school and civilized her according to their lights, but too late. Her character had been largely formed in those early years,'’as is the character of all of us. What a child absorbs during the dawn of consciousness plays an important part in after life. We can learn how to do things as long as we live, but we learn how to like them in the beginning.

Do You Know — That 594 transient men and women found shelter, aid and direction during the first six months of the year at the Wheeler City Mission, an organization sharing in the •Community Fund?

Since the Ladies Are Taking to the Air

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A Little Nearer We Get to the Old Family Clock on Stairway of Life as Pictured at Herron Art Institute

A thought and a journey is here. Where do we go? To the John Herron Art Institute. A little journey in clocks and romance. The stairway has through many ages been held by the peoples of the earth as a symbol of life. To. the groping mind of humanity, man’s progress from the cradle to the grave has appeared a sa successsion of steps or stages rising one above another, leading from the futility of ignorance and despair to the proud eminence of full knowledge and happiness. To climb properly one should learn as he climbs. Each upward step should bring added inspiration and enlightenment, opening vistas of information and entertainment. It is unfortunate that so few of the actual stairways worn by the feet of climbers resemble in this particular the ideal stairway of life. One rises blindly from what is below to what is above, encountering on his way no intriguering obstacle to waylay his attention and kindle his interest. But here and there, stairways are found, grateful alike to mind and body where the steps are low and wide with resting places thoughtfully disposed, and where, as one pauses, his wandering eye is caught by shapes of beauty and wonder and his brain is invited to gather in fresh stores of valuable impor*. The Art Institute stair is one of these. It has its beginning on the level of sculture court. Five wide steps lead to the landing on the first floor and here the stair divides rising to right and left of the hall way. Half way up are landings and from these the branches of the stair converge to the landing on the balcony. The upper galleries open off the balcony which by reason of its arrangement seems an essential part of the staircase. So much for the skeleton of the structure —its embelllishment makes of it a vantage point of pleasure and

(Portland (Ind.) Republican) Frank O. Lowden is now being mentioned in many quarters as the most prominent of any Republican candidate for the 1928 presidential nomination. A meeting was held yesterday at Chicago,

where a number of his friends urged him to announce his candidacy. While he did not do so, it is believed that he will before long. The expected popular call for Cool-

Win Sure With Lowden.

idee to run again has not materialized, a* niany of his backers, principally officeholders, said would be the case On the. other. hand, there is abundant evidence that leaders of the party are jubilant over the fact that he has apparently withdrawn from the race. While the President’s statement was so worded that he could easily make another statement later, without conflicting with the previous one, it is very evident that prominent politicians take his statement to mean that he will not make the race—they want to take this view of it, it is clear, whether that is what he meant or not. Late developments point to the fact that President Coolidge has been hearing not only from the West and mid-Western sections of the country, but he has heard a great deal from the leaders of his party in regard to the outlook—and it is none too favorable. He has been told that his attitude regarding the agricultural question is a tremendous handicap. The farmer problem can no longer be ignored in this country. There was a time when the farmer was called a “hayseed,” and cartoonists delighted to picture him wearing overalls and chewing on a straw. That time is happily past. Rural free delivery, automobiles, good roads, radios, daily papers and other things have contributed to his welfare, and at present he is as much up to the minute as the city dweller if not more so. (Lebanon Reporter) The opinion of the Indiana Supreme Court holding E. S. Shumaker guilty of contempt of court is a challenge to Hoosier citizenship. It is a direct assault on the right of free speech. It denies

to Hoosier citizens the most sacred right vouchsafed to them i% both the Federal and State constitutions. It seeks to set the members of the Supreme Court above all criticism and

Shumaker Not in Contempt

accord to them privileges of immunity which even monarchies now hesitate to confer on their kings. We hold no brief for Ed Shumaker. We would not yote for him for any office. We do not like his methods nor his arrogant attitude in public life. His power in this State needs to be curbed. But he was not in contempt of court when he said that in his opinion certain members of the Supreme Court were liberal and he violated no law when he declared

profit. On the two square pillars that stand on either side of the lower landing on the rim of sculpture court, are two small bronzes by moderfi masters, “Diana” by Augustus Saint Gaudens and “The Fairy” by Edward McCartcn. The longlimbed figure of Diana springs forward with effortless grace an arrow fitted to her bow, the cord drawn taut. Imperishable in bronze, held forever in arrested action, this strong, fine goddess of the hunt is well worth appreciative consideration. “The Fairy” was conceived as a fountain bronze to stand among tall reeds with a mist of bubbling spray blown over her. She is a timid, youthful creature, all soft, curving contours, doubly interesting in her contrast to the vigorous Diana. Beyond the “Diana” on the right and “The Fairy” on the left, placed against the stair wall are two Greek panels cast in plaster. It is necessary to mount upward several steps to view these properly. They are replicas of ancient basreliefs. Little is known of the history of the originals but it is apparent that they represent the best Greek period in carved mural decoration and may be attributed to the greatest of the Greek sculptors. Both stair landings are devoted to Oriental art On the right are shown a Kilim rug. examples of Chinese embroidered textiles and three coats of the type usually called Mandarin coats. The Kilim rug is from Asia Minor, an Oriental rug without pile or nap, and the method of weaving makes the pattern the same on both sides. The small all-over pattern of its design is broken by contrasting corners and a large center medallion. Its colors are rose and cream and tan and black. The coats are made of silk and embroidered. China is famed for its embroideries. Silk making was one of the earliest Chinese industries.

What Other Editors Think

Emperors and Empresses fostered it by holding sacred ceremonies to inculcate industry and a regard for agriculture. Suspended from the balustrade, measuring its length on the wall of Sculpture Court la a fine old Paisley shawl. From the rail of the left landing on the other branch of the stair, hangs an Indian shawl of rich design. Indian shawls enjoyed a vogue in England in the eighteenth and nineteenth centuries and early in the nineteenth century the manufacture of machine-made si awls in the Indian patterns was launched in the Scotch town of Paisley. This industry flourished for many years but has now practically died out. Paisley shawls of great beauty were produced, scarcely less desirable than the hand-made Oriental criginals. The left landing contains cases of pottery and of Japanese brocades and a well preserved series of eight woodblock prints by Hiroshige, the Japanese landscape artist who was born in 1796 and died in 1858. The pottery consists of many Japanese tea bowls and of jugs, vases and teapots. With these are shown a porcelain figure of a Japanese Rakan, or disciple, and a group of Chinese tomb figures. Among the brocades are examples of the rich overgarment called “Kesa” which Is worn by Buddhist priests for special ceremonies. The Kesa is made up of patch work pieces thus carrying on the ancient custom for priests of Buddha to wear patches, one of the canons of the faith. Indianapolis theaters today offer: Miss Lee Morse at the Lyric; “The Show Off,” at Keith's; "Stop Thief,” at English’s; “Frisco Sally Levy,” at the Ohio; “Man Power,” at the Indiana; “Captain Salvation,” at the Circle; “Painting the Town,” at the Apollo and new movie bill at the Isis.

that “we must have a Supreme Court that is dry and not wet.” If such statements coming from any citizen, be he a meek private or a self-appointed demagogue, are in contempt of court then our constitution is a mockery and the right of free speech is a farce. Such an opinion is entirely out of harmony with the spirit of the constitutional rights that are guaranteed every citizen of this State. By no stretch of even imagined authority should a court set Itself above honest criticism, as Judge Clarence Martin in his dissenting opinion so forcefully stated. The courts are not above criticism and Hoosier citizens will continue to criticise them whenever they believe the courts are in error or are corrupt. We frankly criticise this opinion that has held Shumaker guilty of contempt. It is a travesty on Indiana’s sense of democracy and common Justice. It is a fit companion for that other piece of Judicial absurdity—the opinion which held that the truth Is no defense in libel. What sort of lawyers are we electing to the high courts of this State when one set holds*that the truth is no defense and another set finds a man guilty of contempt because he openly declared that members of the court are “liberal.” It is time that criticism of the courts crystallized into a statewide protest agdinst these dangerous restrictions of our inalienable rights. (Wabash Plain Dealer) The great men of the Republican party in Indiana are mighty well satisfied with the President’s laconic announcement, “I do not choose to run for president

in 1928.” Senator Watson said: “I don’t suppose he will be forced into the race.” William H. Settle, president of the Indiana Farm Bureau Federation, said: “President Coolidge’s announcement

Pleased As Punch

was no surprise. There are a number of men in the Middle West who understand the problems of the farmer who would be acceptable to agriculture.” John L. Moorman of Starke County and a trustee of the Michigan City Prison, said: “The only thing I am afraid of is that he does not mean it. It’s a lot of cheap stuff like his trip to South Dakota, his chaps and his ten-gallon hat.” A careful reading of these “straight-from-the-heart” interviews would indicate that the ruling class of the Republican party in Indiana is rid of the incubus of the Coolidge candidacy in 1928. It only remains now for “Steve” to voice his approval of the present situation and for somebody to harness “The Senator” and let Ed Jackson lead the army on to victory I /

' !AUG. 11 1927

W7 ty the Weather?

Bv CharlM Fttzhugh Talmaa Authority ea Meteorology

THE BAROMETER FLOWER The pretty “barometer flowers," which have recently made their appearance, in several varieties, in American shops, are merely the latest version of the chemical hygroscope, invented by Woodbury in 1871. Their paper petals are treated with a strong solution of chloride of cobalt, and change color with changes in the amount of moisture in the atmosphere. Some varieties bear a label on which tfieir indications are thus set forth: ThU little flower you must grant Is something of a sensitive plant. Place it In the open air,' 'Tls pink when stormy, blue when fair. And turns a lovely lilac hue When undecided what 'twill do. Those hygroscopes have been made previously in a great number of fanciful designs, but the little flower, standing in miniature pots, are among the most attractive styles ever produced. A first cousin of the barometer flower is the chameleon hygroscope. This bears the picture of the chameleon, which changes color in the same way. The tints corresponding to the three atmospheric conditions Indicated are shown in the margin. Os course, such devices are not actually barometers, as they are popularly called. They are not affected by the weight of the atmosphere, but in showing whether the air is moist or dry they sometimes give a hint of coming weather changes. (All rights reserved bv Science Service. Ins.)

Times Readers Voice Views

To the Editor: The Constitution of the United States was adopted only after the substitution of the ten amendments or the bill of rights. The convention at Philadelphia would have been in vain and the labors of the able men in that critical period to form a more perfect union would have been fruitless, had not their personal safeguards been added to the Constitution. These amendments grew into force and were the culmination of long and bitter suffering of man against the arbitrary rule of tyrannical and despotic governments. The magna charta, the bill of rights, the commons, all through the annals of history, man has stubbornly battled for the protection of his rights and for the sanctity of his castle. William Pitt said, “The wind may enter,' the snow may enter, the rain may enter the humble home, but the king can not enter.” “The king can do no wrong," had then begun to be relegated to the ages. The freedom of speech or of the press arc the inalienable rights of every American. I do not subscribe or agree to the supercilious and bnw-beat-ing attitude of the Anti-Saloon League of Indiana or of the United States. I think their attitude of intimidation absolutely wrong and against the principles of representative government. I do not believe it is right for the State and National governments to allow or to supinely sanction the entering of homes without the proper warrants. I shall go a step farther than my contemporaries and advocate the return of the corner saloon, if It takes this to resuscitate the life of the fourth amendment, which seems to be dead. I am against all that Dr. Shumaker and his associates stand for, and I think their dry fanaticism absolutely wrong. But Dr. Shumaker, or any man, has a perfect right to criticise the Supreme Court of Indiana. The members of the court are not infallible and their decisions arc not beyond criticism. This is the most dangerous decision perpetrated on the right of the free speech in Indiana. These three “wise oracles of the law” belong In the time of King John and are not fit to administer the law as it Is now written. GEORGE FAIR. Centerton, Ind.

Brain Teasers

The Dole flight from San Francisco to Honolulu having created much interest in Hawaii, here's a chance to brush up on your knowledge of the islands. Answers are on Page 14. 1. What is the nickname of the Hawaiian Islands? 2. Approximately how many islands are there in the Hawaiian territory group? 3. On which island la there a famous leper colony? 4. What are the two largest Industries of the islands? 5. How is the governor of Hawaii selected? 6. On which of the islands Is the city of Honolulu? 7. What is the largest island of the group? 8. Name one of the three famous volcanoes on the island of Hawaii. 9. When were the islands discovered. and by what famous south sea explorer? 10. When did the islands become United States possessions? 11. Must a man have a license to fish In the Indiana county where he lives and also the adjoining county? 12. What fictitious character created by a famous Indiana novelist was sentenced to live forever? What is the purpose of the Barnes Foundation? It was organized in 1922 and has for its purpose “the application of the principles of educational science to advance, by practical study of concrete works of art, the appreciation of the fine arts; also to apply modern educational method* to the practical study of trees, planM and shrubs for the purpose of advancing the science of arboriculture and floriculture.” The secretary of the Foundation ia H. E. Mullen, Merlon, Pa.