Indianapolis Times, Volume 39, Number 112, Indianapolis, Marion County, 19 September 1927 — Page 4

PAGE 4

The Indianapolis Times (A SCBUTS-HOWARD NEWSPAPER) ° wned w week; elsewhere. 3 cnt—l3 cents a week. BOYI 2m?W? LEY ‘ ROY „ W - HOWARD. W. A. MAYBORN, Editor. President. Business Manager. PHONE—MAIN 3800. MONDAY, SEPT. 19, 1927. Member of United Press, Scrlnps-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.

SCMPPS-HOWA.MD

Controlling Courts This is a government of law, not a government of men. This is the achievement of our democracy. It is the only claim which the United States has to being the land of freedom and equality. Our entire government is based upon the theory that it has established a government which assures this. It is done by dividing our government into the executive, the legislative and the judicial, all distinct, all of equal dignity but separte. The right of petition goes to the executive and the legislative. The courts are removed from that influence. The people have carefully refrained from any step which would give them a 'direct influence upon the courts, other than in election and selection of the judges. Once elected, the people themselves have declared that they will not attempt to influence decisions of those judges but keep them remote and removed from apy influence. When La Follette tried to change this system by a proposal that there be a recall of judges, the people refused to listen. They stood by the ancient tradition and theory that courts must never ba subject to the demands of the hour or the passions of the moment. The courts must be free to follow law and preserve the Constitution. When Theodore Roosevelt proposed the recall of judicial decisions, he failed to secure any great indorsement of his plan. The people clung to the belief that courts must not write their decisions in fear of the popular mind, but with an eye fixed only on the law and the Constitution. When Attorney General Gilliom filed his motion charging the head of the Anti-Saloon League with an attempt to corruptly influence decisions of the Supreme Court, he raised an issue that is much wider and more important than the one on which Dr. Shumaker is* at present under a sentence for contempt. His original charge cited that the attempt to coerce the courts was made through false criticisms of decisions and an attempt to frighten judges. There is a serious doubt in the minds of many as to whether courts can ever restrict criticisms of decisions in cases which are settled. That would end the freedom of government and make courts too powerful. The people have reserved to themselves the right to ( iscuss decisions onee rendered and to pass on t he fitness of judges in the light of their decisions. But this new charge is direct and is on an entirely different basis. It is based upon a letter of Senator James H. Watson, which the Senator says is his only word on the matter. It is enough. That letter accuses Senator Arthur Robinson. The letter is a confession by Watson. Whether Senator Watson told Shumaker that he had seen three judges and discovered 1 hat they would not decide his case before ele'ct ion ,and afterward would not sendTiim to . lil, as Shumaker says, or never said any such iliipg is not important, though interesting. What is important is his statement that Senator Arthur Robinson came to him in Washington and asked him to work IN HIS OWN WAY to keep Dr. Shumaker out of jail. The words are those of Watson. What way did Robinson believe that Watson could work and what was that way ? What did Robinson want Watson to do? ’Was it to appear as an attorney for Shumaker? That was the only legitimate and innocent way

Constitution Restrains Powers of All

This story, the seventh In Mr. Atwood's series of twelve, tells how the constitution restrains overstepping of oower by Government departments. Tomorrow: Novel Features of the Constitution. BY HARRY ATWOOD President. Constitution Anniversary Association The framers of the Constitution worked out a finely adjusted system of checks and balances, so that, while each of the three great departments pf government—the legislative, the executive and the judicial —should be supreme in its own sphere, restraints would be present, in order that no single department could abuse its powers without automatically bringing into operation forces which would effectually pre - vent it from overstepping its proper bounds. There were also included in the Constitution well balanced restraints upon the States and upon the United States. Each house of Congress serves as a restraint upon the other because an act of Congress must be passed in both houses before it becomes effective. One of the noteworthy provisions in the matter of legislative restraints is as follows: Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same

in which the United States Senator could intervene in behalf of Shumaker. The case at the time the Watson letter was written was a closed matter as far as the eourt was concerned. All that was left for the court was to decide and the court had the advice of six outstanding lawyers appointed by the judges themselves, as to the law and the facts. Senator Watson, fortunately, has told what he did in this matter and it is exactly the thing which is charged by the Attorney General as a corrupt effobt on the, part of Shumaker. Watson wrote, in his letter, that he had sent letters throughout Indiana which he hoped would be helpful in keeping Shumaker out of jail. The ( people and the court must know, eventually and when the Senator leaves the hospital, to whom he sent letters, what he sent, and how he hoped that these letters would so influence a Supreme Court that the dry leader would be kept out of jail. The Senator, must bring t<s that court and to the public his copies ofj letters so that the people may know what he did that he hoped would influence a case then pending which might have an influence on his own election. He must tell what Senator Robinson said to him when he asked him to do anything in this case. This is “super government’ ’in action. It is the hideous thing which affects not only Indiana but the Nation. It is the direct attempt to overthrow a government by law and make it a government by men. It is the great menace of lobbying in courts, which the people have so often declared must be kept free from the profane hand of the politician. The Attorney General has accused Dr. E. S. Shumaker because he enlisted the aid and perhaps threatened a political party if it did not try to influence the courts. That, if true, is most properly denominated as a corrupt act. But the letter written by Senator James E. Watson to Dr. Shumaker is an indictment of his colleague, Senator Arthur Robinson, on the same count. That letter is also an indictment of himself and a confession. If the act of Shumaker be corrupt, and if true it was, then the actions of Watson as outlined. by himself, were more corrupt. When The Times asked Senator Robinson whether he had ever tried for political purposes to influence a decision of the Supreme Court, his prompt answer was that the editor of this newspaper was an “infamous and malicious liar.’’ He asked that the editor of The Times go to the Supreme Court. The matter is now in the Supreme Court, ""•p burden shifts from The Times to Senator Watson and in that court the Senator will have his chance, probably in all probability, to answer the charge leveled at him by his senior in service. ‘ Once started, this can not stop. Not money changers, but- the politicians, must be driven from the Temple. V The Cheka chief of Soviet Russia has ordered twenty-four more executions. It’s gotten to the point where officials can shoot In almost every direction without hitting any of their friends. The New York pastor who advertised and* whose ad read “Yawn Service,” probably will get a lot of credit for candor, anyhow. * An lowa woman who has run a farm for twentytwo years won a laughing contest. Maybe she was. thinking about the way Congress solved the farm problem.

shall take effect shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. This Is popularly called the president’s veto power. Congress is further restrained by the power of the judiciary to review legislation and pass upon the constitutionality of the laws enacted. The power of the judiciary is restrained by the following provision: The judges, both of the supreme and inferior courts, shall hold their offices during good behavior. The president is restrained in making treaties and appointments as follows: He shall have power, by and with the advice and consent 'of the Senate, to mak' treaties, provided twothirds of the senators present concur; and he shall nominate and by and with the advice and consent of the Senate shall appoint ambassador*, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. A notable example of the exercise of the restraining power of the Senate was its refusal to ratify the treaty submitted by President Wilson on his return from Versailles. A recent illustration was the re-

fusal of the Senate to concur in the appointment of Charles Wanen as a cabinet officer. Illustrative of a number of the restraints upon the United States are the following: No bill of attainder or ex post facto law shall be passed. No title of nobility shall be granted by the United States. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another. Some of the restraints upon the States are as follows: No State shall enter into any treaty, alliance or, confederation, grant letters or marque and reprisal, coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. The States were further restrained in the selection of representatives, senators and president by specified qualifications as to age and residence. The balancing restraints are among the finest and most delicate parts of the Constitution and one of the very unusual features of it. Probably more than we realize they provide a reason why the Constitution has functioned so successfully.

THE INDIANAPOLIS TIMES

M. E. TRACY SAYS: With McAdoo Out and the Klan Going to Pieces, the Opposition to Smith Can Align Itself on Less Offensive Grounds. In that Rises the Possibility That It May Become More Formidable.

With the wish obviously father to the thought, most political writers in New York jump to the conclusion that McAdoo’s withdrawal makes it easier for Smith. Far be it from me to throw water on such a bright and agreeable idea, but it has its weak points. Whatever else may be said of him, McAdoo has been a good fiil for Smith during the last few year *>, has distinctly helped to visualize him as the champion of religious tolerance and has made it rather uneccess&ry for people to think of him in other respects. Loses Knight Errant Role No small part of Governor Smith’s prestige as a national figure comes from the pedestal of tolerance on which the McAdoo crqwd made it possible for him to stand. Without any effort on his part, he was literally lifted up before the people as knight errant of broad mindedness. Whether rightly or wrongly, the people regarded McAdoo as a candidate of the Ku-Klux Klan and Smith as his logical opponent. With McAdoo our. and the Klan going to pieces the opposition to Smith can align itself on less offenvise grounds. In that rises the possibility that it may become more formidable rather than less. Used Silence as Weapon By remaining silent and letting his opponents work up a case, Smith has made'himself the most talked of man in the tountry. This was an element of strength so long as he could depend on such an institution as the Ku-Klux Klan to do it with such a man as McAdoo in the foreground. It may become an element of weakness if the people are let free to discuss other issues and other qualifications.

Faces Opposition It would not be surprising if McAdoo’s withdrawal was designed to pave the way for a candidate who could hold his supporters and at the same time suffer from no such prejudice as has handicapped him. He is looked on with disfavor in some factions because of his attitude toward prohibition, others because of his connection with Tammany and in still others for no better reason than that he comes from New York. Talking About Him The greatest difficulty which ha, faces right now is the fact that people are talking about him in every way except that of a statesman and a party leader. They are talking about him as a Catholic, as a New York politician as one who might be influenced by Wall Street, as one who has little first hand knowledge of western problems, but not as one who thinks in terms of national problems and national policy. Democratic voters are going to demand more discussion of the political and economic questions in which they are interested. And they are going to listen to the man that offers it. The / Democratic party has a splendid chance to do itself and the country some real service. The background of that chance is such an era of scandal, blundering and inefficiency as this nation never passed through. One only has to think of Vare, Frank L. Smith, the Fall-Doheny case, the Indiana situation and the notorious rottenness of dry enforcement to realize how bad the situation is from a domestic standpoint, while Nicaragua, the French attitude and the collapsed naval powwow are but a few of the many incidents which reveal the mistaken trend of our foreign policy. Fades Out of Picture r The Democratic party has an unhappy faculty of turning somersaults, scrapping programs, getting cold feet and repudiating its own administration. It went back on Cleveland in 1896 and adopted Bryan. Eight years later it sidetracked Bryan and tried Parker. After another whirl with Bryan, it drew Wilson almost by accident in 1912. After two years of Wilson after conducting this country through the greatest mobilization of men and material in its history, after establishing the Federal Reserve system and after lifting the United States into the strongest position it ever occupied, the Democratic party faded completely out of the picture, and it did so largely because it lacked the vitality to go through with the program and remain loyal to its leaders. Definite Prpgram Needed It is of no use to cry over spilled milk, except as it may prevent more from being spilled. The Democratic party is in a position to resume the place it has occupied so many times in the nation’s history and that it should occupy for the sake of the nation’s good. It cannot do all this, however, unless it changes its toctics, .unless it stops regarding iself as a mere instrument of opposition, unless it ceases to choose its leaders on the basis of sectionalism and prejudice. McAaoo’s withdrawal paves the way for Governor Smith to raise the level of his candidacy beyond that of a religious quarrel and formulate a platform which will give the democratic party not only something to work for, but the public a right to have confidence in it. To that extent, and to that extent alone, McAdoo’s withdrawal makes his road easier.

The Corn’s Gone Crazy With the Heat

Clara Bow as Hula Is Like the Northwest Mounted Police, She Never Fails to Get Her Man and How BY WALTER D. HICKMAN

Hula wanted a certain man for her hubby and she landed him just as the Northwest Mounted Police never fail to get their man. And the chase becomes even more interesting when you learn that

Clara Bow is the shredded wheat clad maiden by the name of Hula. You will meet Clara as Hula in a picture called "Hula.” This Clara girl is one of those black haired and active eyed girls, who flashed across the screen suddenly and finally landed solidly in a thing called “It.” Her latest bit for favor is a vehicle specially selected

gSi , t i I \ \yl

Clara Bow

, for the “it” girl and she has a good chance to display her personality as well as her figure. Hula is supposed to be one of these Tom boy girls, who just grew up in Hawaii. She is not native, but the daughter of a father, who is mighty lose in hie old and fat age. Hula is reared'as a little roughneck by an elderly ranchman. Clara as Hula stays primitive and sweet until Clive Brook, cast as an engineer of irrigation, arrives on the scene. Hula decides that he is her'man and just because he has a wife in the States is no reason for Hula to give up the chase. Most of the story is concerned to what extremes Hula goes to force the wife to give up the engineer in ihe favor of Hula. “Hula” is not another “It” by it long shot. It often drags and the whole affair comes under the head of just another movie. Clara has a bunch of cute tricks and she seems to use all of ’em in this one. She is a clever little dancer, and when she does wiggle dance of the island—well, she uses several hundred of said wiggles. “Hula” is a sort of Zeigfeld edition of a Hawaiian play. This movie seeks to, glorify the striking looks of Clara Bow. I am not old-fashioned along certain lines, but I rather feel that there are enough single men in the world, as well in movie stories to be distributed among unmarried women instead of unmarried girls going Cm a chase for the married ones. Clive Brook, to my way of thinking, is totally miscast. He looks liked he is bored with the part because deep down in his heart he knows that all interest centers on Clara. “Hula” is made to please the box office and as such it wins its point*. It is a Clara Bow picture and that is all that is necessary for those who like Clara. The bill Includes “Smith’s Pony,” a news reel, Emil Seidel and his orchestra; Cliff Williams, soloist, and Ray Winnings, organist. At the Apollo all week. A NEW WAY TO FOOL THE WIFE THESE DAYS Lew Cody tips the world off to a new way to “fool” the wife. This happens in “Adam and Evil,” a movie, with Lew Cody appearing as the husband and Aileen Pringle as the wife. “Adam and Evil” Is one of those well done little light comedy farce affairs of domes-

tic life. This sort of a nifty has been - frequently present on the starfe, and only occasionally has it been reflected on the screen. The reason is that this sort of thing is more conversation ' than situations. But “Adam and evil” has enough plot and sufficient conversation by the use of the subtitles to keep up both

Lew Cody

interest and suspense. The new way to "fool” the wife is to have a twin

brother from Brazil, and when caught on a little party by your wife, well, just pose as your twin brother and make violent love to your own wife. The idea is smart and any hubby is smart who looks more like his twin brother than himself. But Lew Cody as Adam Trevelyan is able to make his wife believe that he is Allan Trevelyan, but one gets the idea at the close of the picture that the wife is not such a dumbbell as she lets on, and she has a very good reason to tell her husband that he is getting by with murder, but to kiss her again just the same. Cody has a mighty good time playing the two roles. Some of the scenes, most of them, are either high comedy or mighty smart farce. And you will agreee with me when I tell you that Cody is mighty clever, either in comedy or farce. Aileen Pringle does wonderfully well as the wife who passes through the experience of quarreling and loving her own husband and then staging a real sheik affair with her husband's twin brother. But she key to the situation is that the wife thought thqit husband was fooling her and giving excuses that twin brother was in town. The finale of “Banjomania,” the stage presentation which features Charlie Davis, will be the talk of the town this week. Here the ensemble idea is beautifully and wonderfully worked out. So effective it is that the finals received a tremendous ovation when I saw it. It has the services of Charlie Davis and his orchestra, banjo quintet and a number of girls placed in a striking and effective background. The artists appearing in the revue are the Thompson Sisters, Morgan and Stone, Margaret Ball, White and Manning, and others. The bill includes a news reel, “Along the Cbast,” and Maurice at the organ. At the Indiana. GETTING A NEW ANGLE ON “MADAME POMPADOUR” It must be a terrible job to clean up the bad ladies of history and fiction and make ’em “decent” enough to parade, them again on the screen. That was my feeling after seeing Dorothy Gish in “Madame Pompadour,” who was one of the prized kept beauties of Louis XV (I hope I have blamed the right Louis) of France. • .1 The Dorothy Gish conception of Madame Pompadour has gone through the present day intolerance spirit of making Madame not too bad and not too good because the censors are still feared in certain spots. Madame Pompadour was trained to be naughty, according to the film version. She started out as a trained flirt by an ambitious mother, and daughter landed food and bed in the palace of the king. Just certain phases of the goings on between the king and Madame are reflected in this puritanized version of Pompadour. What little action the screen version has is concerned with the efforts of Pompadour to keep in the good graces of the king while she is having a real heart affair with a good-looking artist chap and an enemy of the crown, played by Antonio Moreno. The story lacks a climax, and when it is all over we see the King still in the grasp and power of the scheming and deceitful Pompadou”. “Mnie. Pompadour” is a costume picture and Dorothy Gish never seems to get away from the handicap of the costumes and the funny headgear of another period. I think that those who put notorious characters of history and fiction on the screen that they should give us the real article or not do it at all. This version of Pompadour reminds me of a radio bedtime story. ■Jhe bill includes Bobby Vernon comedy, the University Trio and Joe Alexander at the organ. At the Ohio all week.

“BEAU GESTE” REMAINS ONE OF THE BIG PICTURES “Beau Geste” has been discussed marfy times in this department. I first saw it in New York and later on when it came to town as a road show attraction. It is now on view at the Circle at the regular prices. To me,

“Beau Geste” is one of the very best stories of romance and mystery that the screen has ever reflected. In the first place the story yields to the demands of the screen. There is action and suspense all the way through. Then there is a cast that knows its business in the art of creating suspense and ac-

Ronald Colman

And also "Beau Geste” was blessed by having the services of Herbert Brenon as director. It is not necessary at this time to go into detail either about- the story or the acting. I have covered those topics several times in the past for you. The thing that I want to make clear is that the movie version now at the Circle is just the same that I saw in New York as well as the road attraction. To refresh your memory, I will give you the cast in full as follows: Michael "Beau” Geste Ronald Colman Digby Geste Neil Hamilton John Geste Ralph Forbes Lady Brandon Alice Joyce Isobel Mary Brian Sergeant Lejaune Noah Beery Major de Beaujolais Norman Trevor Boldinl ..- William Powell Maris George Rigas Schwartz Bernard Siegel Hank. Victor McLaglan Buddy Donald Stuart St. Andre Paul McAllister Stolarevsky is using the same musical score that was used in New York and on the road. “Beau Geste” is glorious entertainment. It is one of the most thrilling and mysterious experiences that the screen has to offer today. Should be seen by every one. The bill includes an overture by the Circle Concert Orchestra and a news reel. At the Circle. Other theaters today offer: Keith’s has opened its fall and winter season of continuous vaudeville and movies; “Kandy Kids,” at the Mutual: “Arizona Nights,” at the Isis; Fulton and Parker, at the Lyric; “Gentlemen Prefer Blondes,” at the Colonial, and “Fireman, Save My Child,” at the Rivoli. Is Yakima Canutt still in motion pictures? Yes. He recently starred in “The Devil Horse” with “Rex” the “king of wild horses.”

Questions and Answers

You can get an answer to any question of fact or Information by writinn 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. AU other questions will receive a personal reply. Unsigned requests cannot be answered. AIL letters are confidential.—Editor. Have the committees for the new Congress been appointed yet? They will not be chosen until the new Congress convenes. Who invented the parachute? The Invention Is credited to Sebastian Lenormand and the device was used by him in 1784. Were the helmets used in the .world war by the American Expeditionary force of the same type as those used in warfare in earlier times? The particular type of helmet used by the A. E. F. in the world war marked anew development. It avoided the awkwardness and tendency to wobble which was a defect of the French and British trench helmets. Our helmets were made

SEPT, 19,1927

Why the Weather?

Bv Chart** Fitzhugh Talman Authority on Meteorology

OLD WEATHER PROPHETS The plamy days of weather prophecy began after the close of the Middle Ages. Anew style of prophetic literature then came into vogue, consisting of small tracts known as “prognostica,” most of them written in Latin, each of which contained a prediction of the weather for a single year, prepared in accordance with the rules of astrology. These predecessors of the almanacs appeared in astonishing numbers. In the sixteenth century fully 3,000 were issued. One industrious German, Hans Virdung, published such weather forcasts annually for fifty-eight years. A memorable episode of this period was the much predicted flood that failed to arrive in February, 1524. Authorities were divided as to whether this was to be a universal deluge, like the Noachian one, or merely an exceptionally rainy spell,' causing local inundations; but in the works published on the subject in different parts of Europe the fact that three planets would be in the watery constellation of Pisces at one time during the month in question was declared to be a sure sign of tremendous downpours. These prophecies caused general consternation. Everywhere people left their homes and took refuge on hilltops, where they remained until the fatal month had passed. The weather proved to be entirely normal —and the reputations of the gers apparently did not suffer in the! least from the fiasco! ' (All rights reserved by Science Service, Inc.)

Mr. Fixit Resident Can’t Sleep Because of “Broken ” Car Tracks.

Let Mr. Fixit. the Times' representative at city hall, present your trouble* to city o3iclals. Write Mr. Fixlt at The Times. Names and addresses which must be given, will not be published. A west side resident today asked Mr. Fixit to help remove a “broken street car track” which has been disturbing his slumbers. Dear M. Fixit: There is a broken joint in the street car track at 1446 Montcalm St. It is a nuisance and keeps me awake at night. Cement porches are cracking, as houses are shaken so much that plastering has cracked because of the loose rail. Hoping to get results soon. A READER. The Indianapolis Street Railway Company promised Mr. Fixit to investigate your complaint and make the repair if warranted.

Thumb-Nail Sketches

Nancy had never been strong, | even before her father died, and the support of the family of five came to rest on her frail shoulders, but with the increased financial difficulties, she began to work, overtime, to lose weight, and to drag from duty to duty. came when her neglected young body failed her, and when an operation loomed as an immediate necessity. She was sent to the hospital in agony, torn between her own misfortune and the fact that now there would be no means for , the mother and the small brothers and sisters she must leave behind. But there was a means! A means that opened up a whole new life for }ier and her dependents. The employer of the girl telephoned the news of the destitution to the Family Welfare Society and a worker was dispatched at once to help them. She provided their - rent and their food until the girl was well again. Then she found a job for the girl with more pay so that she need not work overtime. She explained the family budget which she had been maintaining, and showed Nancy how to keep within it on her salary. They are all well and happy now. It was possible for the Family Welfare Society to do this great service to Nancy’s family because of YOUR COMMUNITY FUND.

Movie Verdict APOLLO—CIara Bow tries to get another “It” in “Hula,” but she doesn’t. It will be a box office delight. INDIANA—Smart comedy and farce situations makes “Adam and Evil” a clever nifty. Smaft acting is present. OHlO—“Madame Pompadour” has been morally cleaned up In this version. CIRCLE!—“Beau Geste” is one of the best romantic and mystery stories that the screen has. Should be seen by all.

of modern alloy-steel of great re- - sistance, and while the design was much like that of the British helmet, we made a marked improvement in the type of lining used, which held the helmet away from the skull, distributed the weight y eevenly over the head, and also distributed the force of a blow on tho helmet. x How many times has Jack Dempsey been knocked out? Has Dempsey or Tunney won the greater number of fights by knockouts? Dempsey has been knocked out only once in his career as a fighter.; Thas was by Jim Flynn in one round, in 1917. Dempsey’s record r' owi that he has won forty-eight fights; by knockouts and Tunney’s shows that he has won thirty by knockouts.', . 4 4 How many minerals are known? About 1,800. Is 14-karat gold n alloy? Yes. |