Indianapolis Times, Volume 40, Number 190, Indianapolis, Marion County, 29 December 1928 — Page 4
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Shumaker to Prison Anyone who construes the imprisonment of the Rev. E. S. Shumaker of the Anti-Saloon League as a victory against prohibition, errs badly. Any one who pictures him as a martyr to the cause of prohibition makes an even greater mistake. Primarily, the court settled but one question when it ordered the return of the dry leader to the penal farm. It decided that the supreme court and Governor are of equal standing and authority and that the executive has no power to interfere with the judiciary in the exercise of its functions. f It takes away from the Governor the power to pardon for contempt. It decides that he cannot interfere with the highest court when it decides that its authority has been challenged and overthrown. That is undoubtedly a sound view, although it may result unfortunately. To raise distinctions between any one of the three branches of government, the legislative, judicial and executive, is to set aside the entire theory of our government. The legislature was created to enact laws. The Governor is chosen to execute them. The courts are set up to interpret them. For a Governor to claim authority to supervise decisions of the supreme court leads to dictatorship. For courts to become instruments of injustice leads to revolution. While this is the one legal question involved, the one in the open is the punishment of Shumaker for publications which the court said tended to destroy its power and its influence. The court, in effect, declared that Shumaker, because of his vast influence, had set up a supergovernment In this state which was trying to supplant courts and which ruthlessly desired to set aside the constitution and the protection of citizens through coercion of the judges. No one will dispute that such a super-government, has existed in this state. It came through an appeal to the consciences of, men and women rather than through revolution. It existed because the purposes of the Anti-Saloon League and the Ku-Klux Klan so co-ordinated that they controlled elections. Together they were powerful enough to terrorize all public officials. It was against this super-government that Attor-ney-General Gilliom protested and fought unceasingly. When he saw what he believed an effort to control decisions of the court, he brought his action which finally results in the sentence of Shumaker being carried out. That he was justified in his fight is strongly suggested by the manner in which the case has been delaeyd and handled in the court since the day he first filed his information. It was months before the supreme court rendered Its first decision. Important elections occurred in the Interval in which the case was something of an issue, or believed by politicians to be an issue. As to whether the method of Gilliom in bringing 'a contempt proceeding for a published falsehood concerning court decisions was the proper one, there can be some doubt. It is, at least, fraught with danger. There can be no contention that Shumakei suffers because he told the truth. His reports weia questionably calculated to misinform the thousands who trust him. That was deteimined by six lawyers, named by the court. The pleadings in the case in behalf of Shumaker make no claim of truth in his' behalf. Neither can there be any dispute with the statement that the purpose of the Shumaker publications was the defeat of judges who had rendered decisions not to his liking. He proposed to write, not personally, but through fear of his power, the decisions of the court on all liquor cases. That the bill ot rights was invaded at times meant nothing. But the power asserted by the court in this case is one which, in the hands of vindictive judges or prejudiced judges, might easily result in suppression of free speech. Courts, corrupt courts, could easily terrorize a timid press and a timid citizenry. There should be a clear definition by the incoming legislature of what constitutes contempt and provisions for trial by juries in all cases of indirect contempt. The history of the Shumaker contempt case suggests that he should not be alone in his vacation, if the theory be that any effort to use political influence upon the court constitutes a contempt anc! creates a super government. After the first charge was filed, political influence was sought by Shumaker —and given—more dangerous than the original assault of Shumaker, if it were assault. When the campaign of Senators Watson and Robinson in 1926 was at its turning point, Shumaker appealed to them to aid him. He also approached Clyde Walb, then the campaign chairman and now a guest of the government. There is of record a letter from Senator Watson to Shumaker, telling him that he had been approached by his colleague, Robinson, and asked to do what he could do, legitimately, to help Shumaker. The only legitimate action that Watson could have taken was to appear as his attorney in court. Instead Watson said that he wrote letters which he hoped would have the effect of keeping Shumaker out of jail. Those letters, he later explained, were to men who might impress Attorney-General Gilliom with expediency -of taking a less belligerant attitude in his conduct of the case. In other words, it was an effort to corrupt Gilliom and prevent him from doing what he had declared was his legal duty. It was an effort to indirectly do what Shumaker had been charged with doing, merely influence the court by changing the attitude of the chief legal officer of the state. There was also the visit by Shumaker to the homo of Senator Robinson, a hurried telephone call to the summer home of Watson, a conversation that resulted in an exchange of letters that leave neither Watson nor Shumaker in an enviable light. If that incident means anything, it means that political influence was either planned, hoped or attempted to control the highest court of this state That was super-government in action; bold, conscienceless and subversive. The league has been a factor in this state, a factor at times in its shame. It has been responsible for the election of the unfit, as long as they gave lip service or promise of support for dry legislation. It has sent to the 1 legislature men who have voted
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against the people on other important matters. It has put sheriffs and prosecutors into office who have made a mockery of law. It has been the constant threat to independence of thought and action. It was his pursuit of political power, not of a militant sentiment for prohibition, that brings Shumaker to his prison door. He suffers, not as martyr to his cause, but as a victim to ambition to control government. Personally he will have the sympathy of all persons who lament that his enthusiasm led him Into policies and actions which have no place in America. His imprisonment will neither lessen nor increase the belief of men and women in prohibition. That suffers nothing and gains nothing. What is achieved is a most magnificent gesture in behalf of the Integrity of courts, their freedom from any influence, their denial of any supergovernment. It is unfortunate that those politicians and statesmen who confessedly cringed before the political power of Shumaker when he was trying to save himself were not included in the sentence. Yosemite Saved Economy, which for a time threatened to cost us much of the beauty of Yosemite national park, has been circumvented by belated action In congress and the generosity of anonymous citizens. The park will be kept untouched. Private lumber companies own large areas in this and other national parks, and recently one threatened to cut its timber from Yosemite lands. There was no way for the federal government to save the park except by buying the land. At first congress refused funds for this. Later It provided a small fund and authorized future expenditures. Private citizens have agreed to advance funds to meet the emergency. It is fortunate indeed thßt Yosemite is to be saved. Beauty is too rare and precious a thing to be sacrificed wantonly," It is a thing future budget makers and law makers could not restore to us, once lost. Why, Mr. Secretary? Why is it that the Alabama Power Company is permitted to purchase electricity from the government at Muscle Shoals for two mills a kilowatt hour, while Muscle Shoals City, a municipality, is refused the same power at four mills a kilowatt hour? Secretary of War Davis says: “It would not be for the best Interests of the United States” to sell power to the municipality, a power that now is going to waste. Why is it against the best interests of the United States? Isn’t the power plant there? Isn’t it being operated? Isn’t the power now going to waste? Isn’t the money of the citizens of Muscle Shoals City as good as that of the Alabama Power Company? Secretary Davis has made a rtiistake, one of the most serious of his administration as head of the war department. He has made a ruling that establishes a precedent against municipalities purchasing government power and has prevented an experiment in cheap power that might have the effect of lowering rates all over the country. If there is some good reason for denying this application, we would like to know what It is. sTheodore F. Shuey, official reporter of debates, has served sixty years in the United States senate, Man can get used to almost anything. The new thirteen-month calendar idea surely will fail. What we need is fewer firsts-of-the-month, rather than more. Mary Garden said recently she thinks men are superior to women. Mary said it before Christmas, of course.
David Dietz on Science Tissues Form Body No. 246
LITTLE microscopic units called cells are the building blocks out of which all living organisms, plants and animals are built. The cells make up tissues. The tissues in their turn comprise the body of the organism. A tissue may be defined as a structure built up of a number of the same kind of cells. We can distinguish five different types of cells in the human body which go to make up five different
"JSCka cent MU |m CONNECTIVE TISSUB At ( CELLS , „ HEART MUSCte CELLS VOLUNTARY ncrve cell nuacta can.
cartilages all come under this heading. The blood is considered as the third tissue. It consists of two types of cells, the red corpuscles and the white corpuscles, floating in a liquid medium, the blood serum. Muscle tissue comprises the fourth type of tissue. There are three types of muscle cells. One type compose the muscles which can be moved at will and are known as the voluntary muscles. Muscles of the arms and legs are in this class. The cells comprising these have a striped or striated appearance under the microscope. The second type of muscle cells have a smooth appearance. These compose the involuntary muscles, such as the muscles of the intestines which contract without any volition oh the part of the person. The third type are the heart muscle cells, which resemble the striped cells but which are not under the control of the will. Nervous tissue makes up the fifth kind of tissue. The nerve cells which compose it are the most complicated of all cells. The human body is of course a complete mixture of all these tissues. A grotip of tissues massed together for any particular function is known in physiology as an organ. Thus the eye, the ear, the hand, the foot, the heart, the stomach and so on are all organs. A group of organs performing a definite series of functions is'known as a system. Thus we speak of the digestive system, the nervous system and so on. It should be remembered, however, that while we study tissues, organs and systems separately, they are all part of the same human body and do not function
M. E. TRACY SAYS “We May Bea Nation of Shopkeepers, but We Have a Fairly Good Time as We Go Along .”
’ITTHETHER Premier Mussolini is doing a good job he is certainly doing a thorough one. His latest innovation is to ban New Year’s greetings. He thinks they waste the time of public officials. For the sake of efficiency, he has excused his associates from extending them. It goes without saying that his associates will excuse those under them and that the premier’s suggestion gradually will go down the line until this ancient convention of politeness is obliterated. Let those who imagine that America has a mortgage on the efficiency bug pause and consider. What are our time clocks compared to Mussolini’s “you can’ts?” even though most of us have to start work by a whistle and keep it up until the whistle blows again, we can do pretty much as we darn please hooch excepted between whiles. In Italy, as Mussolini has made it, they cannot publish forty-page newspapers, or even sixteen pages; can not dance the tango or varsity drag; can not stay out after 10 o'clock at night; can not organize a union and strike; can not waste their time with such frivolities as a New Year's card: can not gum up the works with municipal elections; can not do much of anything, in fact, except obey orders. * * tt Good-Time Nation ’l'l7'E may be a nation of shop- ’ ’ keepers, as Mussolini and others have declared, but we have a fairly good time as we go along. If we are extravagant in our pastimes and recreations they afford an incentive to work. Our prosperity owes much to the fact that we are allowed to spend our time and money as we please. Your average American has something to work for besides the glory of a dictatorship, or even a government. That is one reason why he works. He sees leisure, relaxation and freedom to satisfy his legitimate desires as a reward of industry. Mussolini says that democracy is a failure, that people must not only be directed, but controlled, and that the liberties which go with our form of government are more destructive than helpful. He is trying to show the world a better way, with Italy as a laboratory. Perhaps he will succeed, then again, perhaps he will not. m tt tt More Plutocrats SPEAKING of the prosperity we enjoy in this country, Carl Snyder of the federal reserve bank of New York says that there are between thirty and forty thousand American millionaires, where there were only 7.000 in 1914. He says that this enormous in- ! crease in the tribe of plutocrats can be explained in several ways. First, there is the deflation of the dollar. Second, there is the boom due to the late war. Third, there is the stock market, with such opportunities to make money by gambling, as were never before known. “When fortunes can be made by gambling in pieces of paper,” says Snyder, “of what attraction are the unique virtues of industry, sobriety thrift? These are temporarily thrown into the discard, reluctantly and discontentedly to be resumed when the house of cards has crumbled.” A lot of truth in that statement. o n tt Importance of Figures MOST ’everything in life harks back to figures. That is why we have all the trouble with arithmetic. Though America has more use for figures than any other country, perhaps, she has the clumsiest system. There is no relationship between the various tables of weights and measures in common use, no regularity'of treatment. The child has to learn each of them separately. A year or so of every life is squandered in useless wrestling with avoidable fractions. In dry measure eight quarts make a peck, but in liquid measure four quarts make a gallon. The gallon has no relation to the peck. In linear measure three feet make a yard and sixteen and one-half feet, or five and one-half yards, make a rod. An acre contains 160 square rods. More than one kid has wasted a night’s sleep trying to find out how many square yards it contains. In the metric system all tables of weights and measure not only have a common basis, but are developed by units of ten. Liquid measure, dry measure, linear measure, weights and cubical contents are all co-or-dinated. You do not have to figure in twelfths, ninths or sixteenths. The whole operation Is built around the cipher and the decimal point. tt tt tt The Metric System Representative britten will introduce a bill for the adoption of the metric system nextmonth. Not one in a hundred will regard it as of any consequence compared to farm relief, the Kellogg pact or the cruiser program. That is because they have not thought the thing through. You can discount all the benefits the metric system would bring to merchants, manufacturers and dealers and still prove that it would save us billions in the school system. The average child could mastei arithmetic as based on the metric system in much less time than it takes him to wade through the kind we are teaching. If he only took three or four months less, which is reasonable, we would save a staggering amount every year. What is more important, we would have saved his time.
kinds of tissues. First, there Is epithelial tissue. The cells comprising it are known as epithelial cells. The skin, the lining of the mouth and throat, the coat of the stomach and intestines, and so on, are varieties of epithelial tissue. Next, there is connective tissue, sue. This includes a wide variety. Tendons, bones,
THE INDIANAPOLIS TIMES
This Is the first of a series of three articles on the Physiology of Golf. BY DR. MORRIS DSHBEIN Editor Journal of the American Medical Association and of Hygela. the Health Magaxlne. TODAY golf Is probably the most popular sport in America, if one takes into account the actual number of persons who play as compared with the number that look on at other games as played by professionals. There is no actual scientific evidence as to the value of golf as a sport from the health point of view, although there Is a tremendous amount of opinion on the subject that it is a safe and satisfactory sport for men and women of all ages. It therefore seemed worth while to the Sturgis Research Fund of the Burke Relief Foundation to provide for a series of careful investigations
BY far the most impressive feature of the Chicago world’s fair In 1893 was the world's congress of religions, and there is to be another one at the Chicago fair to' be held In 1933. Let us hope there will be enough tolerance in the United States by that time to enable the members of our reception committee to refrain from going to the mat with each other while welcoming the followers of Mahomet, Confucius and Buddha. tt a tt If Lottie Pickford's pictures do her Justice, then the gentlemen who engaged in that fight for the control of her affections should proceed with all possible haste to have their eyes examined. a a it After seeing the children of this age, wading around in a cloudburst of Christmas presents, one concludes that they do not get the thrill we used to feel In the old days when dollars were as big as cartwheels and presents were few and far between. a it a Parents who seek to manicure the dining room deportment of their children should not let them read the papers which tell of the President’s throwing food to his dog while eating supper on the dining car. it a it Now that it develops that this Bollvia-Paraguay turmoil is over the control of oil lands. It should be easy for the New York commanders of the rival factions to get together and avert war. It is strange that our great lubricant should cause so many international hot boxes. tt • • An Austrian art expert removed an outer coat of paint from a picture and found a masterpiece by rinoretto, valued at half a million dollars, which suggests that if one could only remove the paint from some of the ladies, there’s no telling what antiques might be discovered. * Nicholas Murray Butler, president of Columbia university, declares that periods of great prosperity are dangerous and his warning doubtless will strike terror to the hearts of the farmers. Mr. Hoover thought it was a great crowd when Rio Janeiro turned out, 350,000 strong to welcome him, but | Just wait until the office seekers greet him in Florida.
And he said, of a truth I say unto you, that this poor widow hath cast in more than they all.— St. Luke 21:3. it tt UPON such sacrifices the gods themselves throw incense.— Shakespeare.
Please Go ’Way and Let Us Sleep!
,< ./vyi-V they HAVE TO ~ "••' -■ -■• ■,-.. e! .V ■-..,■■■ ' , S>^^;S i ■--"
Science Studies Golf s Relation to Health
Reason
Daily Thought
THE PHYSIOLOGY OF GOLF—NO. 1
to indicate the exact merits of golf in relationship to health. The experiments were carried out on a series of different golf courses, which offered ideal opportunity for the test, in that they provided courses of various lengths, some of which were hilly and well trapped, others flat and with but few traps. The major problem seemed to be to find the reactions of the heart and blood vessels to the game, and at the same time to test its effects or. the kidneys. The examinations made included studies of the weight, height, pulse rate and blood pressure under various circumstances, and also a special test for the efficiency of the heart, known as the Schneider test. It was found that vigorous practice and actual shots tend to accelerate the pulse rate and that casual climbing of hills, heat and wind will do the same. Periods of relative rest while wait-
By Frederick LANDIS
PUSSYFOOT JOHNSON, en route to the Orient, declares he will drive liquor from the Philippine Islands In short order, but he is a little doubtful about his ability to make China dry on this trip. Inasmuch as China has something over half a billion people, we submit that Pussyfoot should make a second trip on her account, and stay at least six weeks.
Common Bridge Errors AND HOW TO CORRECT THEM BY W. W. WENTWORTH
I. REMOVING NECESSARY RE-
ENTRY North (Dummy)— 4 Q 6 s? 10 4 3 0965 * K J 10 9 6 6 Weat— Eaat— Leads 4 2 Basc South (Declarer) —- 4 AK 8 S? A 7 6 2 OAB 4 3 4 Q 7
The Bidding—South bids notrump and all pass. Deciding the Play—West leads 2 of spades. What card should Declarer play from Dummy? The Error—Declarer takes with the queen of spades in Dummy and loses his contract. The Correct Method—Declarer plays 6 of spades and takes with ace of spade. If Declarer were to take with queen of spades he would probably be unable to establish the club suit. Opponents would hold off playing ace of clubs on the first round of clubs. They would play the ace of spades thereafter and
This Date in U. S. History
Dec. 29 1778—British captured Savannah, Ga. 1835—Seminole Indians ceded to United States territory east of the Mississippi for $5,000,000. 1845—Texas admitted to the Uniojr. 1863—Arizona organized as a territory.
ing for the rest of the foursome to shoot tend to lower the pulle rate. There is. however, one uncontrolled factor in the game which has general definite effects on the rate of the pulse and which makes qny scientific study difficult, that is the emotional reaction, which varies with every player. It is possible for some to become so disturbed on the course that the pulse rate is accelerated tremendously. A comparison between men and women golfers shows that women golfers spend less energy on the game than do men. Patients who wex’e convalescing from heart disease or from other conditions playing on a special course which was more flat and less Hfficult than the ordinary course responded well to the exercise, indeed so well that the exercise was considered highly beneficial for them. Next: Blood Pressure.
LET’S HAVE HARMONY THEIR EYES ARE BAD a * * FOOD FOR THE DOG
DESPITE all disparagement, the warmed up bird is the best. The turkey is the only performer whose encore is always better than the original number. tt a tt Mr. Coolidge is going to spend much of his vacation on that island off Georgia, sitting for an English portrait painter and next to having your teeth filled, that’s about the most alluring form of high life. tt u u While practicing his ancient profession, a street cleaner in Wales romposed a Christmas song which has created a sensation We’ve always wondered what street cleaners were thinking about in their periods of meditation.
Declarer would not be able to return to Dummy to establish the remaining clubs. Played correctly game is assured. The Principle—Do not remove a re-entry that you will require to establish a suit. (Copyright. 1938, Ready Reference Publishing Company)
Questions and Answers
You can get an answer to any answerable question of fact or information by writing to Frederick M. Kerby. Question Editor The Indianapolis Times' Washington Bureau, 1322 New York avenue, Washington, D. C., Inclosing 2 cents In stamps for reply. Medical and legal advice cannot be given, nor can extended research be made. All other questions will receive a personal reply. Unsigned requests cannot be answered. All Tetters aie confidential. You are cordially invited to make use of this service. How did Lincoln Beachey, the aviator, meet his death? He fell and was killed in San Francisco bay March 14, 1915, while flying a German Taube monoplane, trying to duplicate the stunts he had been doing previously in a biplane. Is the sale of animal fur in coats scarfs and neckpieces prohibited by law anywhere in the United States? All states have laws regulating trapping and killing of fur-bearing animals, restricting them to certain seasons, but nowhere is there a restriction upon the sale of peltries manufactured into garments. Is It permissible to send unsolicited merchandise through the mail to prospective customers? The Watson bill to prohibit sending merchandise that has not been ordered through the mail has not been passed by congress, consequently there is no Inhibition at present*
.DEC. 29,1928
Idea* ill opinion! Mpreiied In ttli column oro those of on* ot America'* most interesting writers and ere presented without regerd to their agreement with the editorial attitude ot this piper. The Editor.
IT SEEMS TOME tt u By HEYWOOD BROUN
BY HEYWOOD BROUN THE money which W. C. Durant put up for prohibition prizes seems to have been squandered to singularly little purpose. The chief
award to Major Mills has been paid for an exposition of the twice told and the obvious. In this there is no great harm. The same qualities have frequently won rich reward in other American literary efforts. Much more unfortunate have been the consequences of the $5,000 offered for an essay from a
t*
school boy. Os this sum SI,OOO has gone to the pupil and the rest to his school. Something of the blame for a most disturbing performance must be divided between them. Malcolm D. Almack, the winner, seems to be a pleasant, fresh-faced lad arri I trust that Durant will be suitably romorseful when he reads that he has bribed a likely youngster into public priggishness. Surely no American lad of 15 ' would seriously suggest that every citizen should play the role of spy and informer if he had not been dazzled by the gold of Durant. Young Almack maintains in his contribution that the laxity of enforcement rests largely upon a lack of knowledge of the Volstead law. He seems to think that If everyone knew just what the provisions of prohibition legislation were there would be a mad rush to conform. tt tt tt Name Sounds Familiar AS a matter of fact, no piece of federal legislation has been so enormously advertised as the Volstead law. There may be some vagueness as to interpretation of certain trick cases, but in the main the average citizen is well aware of what prohibition is all about. Why wouldn't he? It has been the favorite topic of conversation wherever one or more gathered for ! the last ten years. The man or j woman who violates the Volstead act does so with his eyes open, willfully and. I am afraid, in most instances, gladly. The embarrassing thing about the schoolboy’s composition Is his ready acceptance of the new nullification Ahlch has become popular through prohibition practices. I refer to the tendency to endow extralegal bodies with various responsibilities for enforcement Twice in a short article, Malcolm Almack •suggests that the federal government co-operate with the American Legion in the business of bringing about the better functioning of the! law. I Once he blandly suggests that the! authorities at Washington should! propagandize through the churches] Can it be that the teachers in Mai-] colm's school have been so remi&] that they have failed to imposfl their little pupils with the necessltfl of the priceless tradition of completl] separation between church anA state? B Moreover, Malcolm has studiefl American history badly if he fails isl realize that the greatest dangfl which threatens our form of goiH eminent is the possibility of c<H ercion through any sort of oligarclM ic organization. Washington himself set a dent when he discouraged the ing of a society of men who iHj fought with him in the RevolutßS for fear that such a body miHgji come to assume powers >.he Constitution for duly eleiJEa representatives. In later days country was agitated by a Masß?f issue. BB The G. A. R. played at one jSLf such a part in politics that American should pray at be delivered from any bloc nil<®wv the legion. And surely the the klan should be enough to vince even a boy of 15 that notM2? but harm can result when PriKfA citizens band together to assumflrvJ dtcial and legislative Also young Malcolm refers gBcES ingly to one of the sorriest chaiCPtl in the history of the American lie schools. He speaks of thecß that ‘ every state in the UnioiffggjF a law requiring that the ha rb/fT: effects or alcohol be taught schools.” ißHra| tt a tt jjHaTCd Don’t Give Up the Shiß THERE is, T imagine, pretty eral agreement that gross quantities will genera productive of harmful effects. fAS" But. certainly there is no abs-|fcy „ proof that liquor in moderatkrl* destructive to the human syjgjlfj In any case it was and is strous to fill up children with debatable contentions spread l|WC> is them as true gospel. PmmM Education of this sort waJ#j[J|*v; ceived in rank emotion. no desire to make each llttfcffig# and girl a seeker after the truth and nothing else but, to save them all from the rum even if it became neces.wJ vTN do a little lying for the sakeE*>V conversion. pPffiy I hope that Malcolm AlmMSljfJJ,!'. the age of 15, has not cynical that he is willing his school companions fed Jr semi-stones of precious as a substitute for bread. There is a law hereabouts!■/'. - it illegal to write out a cß|' 4 less than $2. Does believe that if 1 sat down made one out to bearer ,Vi‘ : : - that civilization in thealgiS*®?? ~ States would Immediately In fact, I am much lncßt-\ raise the ante to *1.99 and ■■"'.v. • entire sum as a prize forß}' schoolboy essay upon thef&s?'' “Under What CircumstaiMpf• Good American Entitled Respect and Obedience to||g* v , .
