Indianapolis Times, Volume 41, Number 59, Indianapolis, Marion County, 19 July 1929 — Page 8

PAGE 8

S e M I PP - HOW AMD

Back-Track In simple language, what Chairman Wickersham of the cnme commission suggests is less meddling with personal liberty by the federal government. Local police powers should, he thinks, be exercised by local authorities. Which is pretty good sense as well as law. The reason there are states and counties and cities and towns and villages is because there are certain local things that can best be done locally. Your local constable can be trusted better than some alien proconsul from a distant capital. A jury of a man's neighbors is better than a jury of strangers. The most objectionable features of prohibition enforcement have resulted from the invasion of federal officials into local affairs. The farmer who is shot on his farm, the autoist who is killed by border patrols, the man or woman who is slam in his or her own home, is usually the victim of federal enforcemen? Their neighbors would not do that to them. Mr. Wickersham properly suggests that the fedora! v :vv: - inr off raiding speakeasies and confine their efforts to stopping importation and manufacture. His suggestion is for a return to local self-govern-ment which is one of the Jeffersonian fundamentals. Aside from prohibition the idea is one worth serious consideration. The prohibition precedent is alarming. Tu no other matters can the federal government invade the safety and privacy of a man's home. Already it has developed a species of brutality and lawlessness among enforcing officers which is a menace to every decent citizen. Mr. Wickersham is right in suggesting the back-track. The Courts Can Do Wrong • r rora the New York Herald-Tribune) How far may a newspaper, or any individual, go in criticising a judge? The old question has arisen a~! n ir. Cleveland, where the Press, Scripps-Roward nr ' -pr.pr denounced an injunction issued by Common pjr a Judge Frederick P. Walther, restraining the sheriff from interfering with racetrack gambling. The judge thereupon cited the Press and its editors for contempt, and despite Newton D. Baker’s eloquent restatement of the right of the press to criticise freely where it does not obstruct justice, the editors have been convicted and sentenced to thirty days in jail and fines of SSOO each. It was a strange injunction to begin with. The attorneys for the Thistledown race track, according to the judge's own statement, came to him with a petition He never had heard of their “contribution” system of betting, he said, but they assured him that it was legal. So, after adding to their position the curious phrase “if it 'the contribution system) be not in violation of the law,” he signed. But the anti-betting reformers in Cleveland were indignant, at the judge, and the Press followed with a hot editorial in the form of a letter to the sheriff, headed in one edition, “If This Be Contempt. - ’ Strong language, that, which may or may not have been justified. But it is difficult to see how it can have interfered with the administration of the law: perhaps it may yet aid it. And we see no proper escape from Mr. Baker’s argument that the “rights of American citizens are that they can criticise their public officers to their heart's content and have the same responsibility they might have when they criticise those who are not officers, unless the criticism be so placed as to obstruct the course of justice in a particular case which is pending and upon which the court still is called to operate at the time the criticism, or libel, is uttered." Anything less than that would reduce America t.o a Judicial dictatorship, in which the ancient crime of lese majesty was replaced by anew doctrine that the courts can do no wrong. Two Editors and a Judge EdiWs Votr—lSb following editorial, under the aber* heading coaling with The C eveland Press contempt of court case, appeared in tb* Cleveland Ptaio Dealer, a r*mpptito- of Thr Pros?. The Pic in Dealer congratulates the editors of The press for bringing a vital public issue before the people and the courts of this county. It congratulates Newton D. Baker for his masterly presentation of the question of the freedom of the press m Judge Walther's court Tuesday. The Plain Dealer last fall urged Walther's defeat r~- the ground that he was unfit for further service cn the bench. His decision yesterday strengthens the opinion we then expressed. Viewed now in the light of subsequent events. Walther's so-called injunction in the Thistledown race track case was an inexcusable act. It was a right of any newspaper to point out the fact. As Mr. Baker declared in his argument, if the injunction was designed to do anything, it was to prevent the sheriff of this county from doing his duty, if that was not its purpose, it had no purpose whatever and was nothing. Former Judge Lieghley. chief assistant county prosecutor, insists that Walther's action was of no effect. “There isn't any injunction and there never pas any injunction.” he declares. So much is disposed of. then. Walther indulged ir meaningless phrases. We credit him with intelligence enough to have known when he issued the writ that it could have no effect. Somebody was being hoodwinked. Somebody was persuading Walther to do a ridiculous thing. Unless newspapers are to be permitted to point out such facts as these, to tell a judge he blunders when reason shows he blunders, newspapers will lose one of their most important functions. If a judge can jail an editor who dares point the finger of criticism in his direction, the whole institution of a free press falls in ruins. And without a free press popular government would be a hazardous experiment, if not a failure. Walther considered himself aggrieved because an editor told him he erred in issuing a weasel-worded writ He cited the editor for contempt. That made two errors for the judge. Then Walther straightway made a third one He decided to sit in judgment and decide for himself whether h* had been treated contemptuously. A prospective juror suspected of prejudice for or against a defendan' is excused from service, a judge does not try an ordinary case if there is reason to believe him prejudiced. This is common knowledge and common procedure in all courts. But here is Judge Walther. author of the nonre''raining order, accusing two editors of contempt and then sitting in judgment as to whether his own charge is just or not. The judge was acting within his legal rights, of course. In our opinion, however, the kind of judge who would issue the kind of injunction Walther issued is exactly the kind of judge who would insist on deciding for himself whether those he accuses are guilty or innocent. Defendants in such a citation are condemned before they are heard. The functions of judge and prosecutor can not be combined except to the detriment of Justice. Tt is Frederick P. Walther rather than the editors of The Press who have been on trial this week. The judge condemns himself in condemning them.

The Indianapolis Times (A SCKirrS-HOWABD NEWSPAPER) Ownd and published daily 'except Sunday) by The Indianapolis Times Publishing Cos., 214-22' W Maryland Street, Indianapolis. Ind. Price in Marion County "~2 cents—lo cents a week: elsewhere. 3 cents— l 2 cents a week BOI'D GUP.LEV, EOT W. HOWABD. FRANK G. MORRISON, E<ji tor President Business Manager PHONE— Elley NVSI FRIDAY. JULY 19. 1929. „ r , Pre*s Scripps-Howard Newspaper Alliance, Newspaper Enterprise AssoMember information Service and Audit Bureau of Circulations. “Give Light and the People Will Find Their Own Way.”

Beyond the Law (From the Baltimore Son) Newton D. Baker’s eloquent plea in behalf of the editor and the chief editorial writer of the Cleveland Press, who have been sentenced to jail for contempt of Judge-Frederick H. Walther of the Cleveland court of common pleas, deserves more than passing attention. It defies again the recurrent idea that criticism of the action of a judge, when the matter criticised is no longer before the court, is in contempt This is the kind of a situation which can not be passed by. The press of America, by and large, leans backward to support courts and judges in their duties, to maintain their judicial dignities and to protect perhaps too many of their frailties. But no judge has the right to make his own law of what constitutes contempt in his court or to insist that even his past errors shall enjoy immunity from criticism from henceforth and forever. Many judges with poor cases have attempted to sustain such a position. Mr. Baker’s definition of the rights of criticism is the answer to all such: “The rights of American citizens are that they can criticise their public officers to their heart’s content, unless the criticism of a judge in the performance of a judicial duty tends to obstruct the proper performance of it.” Tins is as far as any judge rightly can go in declaring his critics in contempt. To consent to the right of judges to punish criticism of their past ineptitudes would be to concur in the establishment of a judicial oligarchy such as has not afflicted us heretofore. Saving Our Wilds The Carson 'Wash.) chapter of the Izaak Walton League has induced the county commissioners to withdraw 1.200 acres of land as a deer and game bird preserve. Such news is encouraging. So great is the need for conservation of our wild life that the federal government can not be expected to do it all. States, counties, cities, and even villages, must do their share. No opportunity to set aside a bit of wild land for future generations should be lost.

Wanted: Graduates Requests received from employers by the Textile School of North Carolina State college for graduates exceeded the number of men in the graduating class. An educational institution performs real service when it equips men to earn their living in fields where there is a real demand ior them. Graduates of technical schools are not among those the cartoonists satirize. The world truly is waiting for such. The chief of police of Charleston. 111., says he'll arrest girls who appear stockingless in public. What a great b'g jail he must have! Tammany Hall is hailing both A1 Smith and Franklin D. Roosevelt as the next, President. The theory is probably that two wets are better than one. A Toldeo bootlegger shot down a dry agent. That's something like Little Eva beating up Uncle Tom. You can always win an argument with a woman by listening. Texas Guinan. night club hostess, calls herself the Joan of Arc of Broadway. She certainly knows how to charge. A scientist discovers that men's clothing is too heavy and women’s too light. Is there no end to the miracles of science? In accordance with our annual custom of printing the week's best headline, here is one from a New Jersey newspaper: “Fireman Saved by Mistake.”

David Diet* on Science _____ The Units of Life No. 112

vpHE unit of life is the cell. All living organisms JL are composed of these tiny building blocks, as the microscope clearly reveals. Some organisms, like the bacteria, the simplest plants like the algae, and microscipic animals like the ameba. consist of single cells. It will be remembered that while there was sufficient chemical differentiation between the composisition of the pro-

ePithcUPU. I bfeSS |a .STPJPtP MUSCLE [ \ .swoc™ A>SCU

biologist feels justified in using the word cell to describe them all. The very simplest cells known are certain onecelled or urn cellular plans, such as the gloeothece. 'Don’t worry about that name, because if you aren't a practicing biologist, you will probaby have little occasion to use ith Such a plant consists of a little microscopic drop of protoplasm surrounded by a wall or membrane. The simplest cell, therefore, consists of two parts. The exterior membrane is one. The protoplasm within the membrane- is the other. Such simple cells are very rare, however, and it is usually assumed that the typical cell has three parts. The third is a darker spot within the protoplasm which is known as the nucleus. Most biologists today consider that every part of the cell, the membrane, the interior filling and the nucleus, is protoplasm. Consequently, they use the word eytosome to represent the interior of the cell exclusive of the nucleus. Our typical cell, therefore, consists of membrane, eytosome and nucleus. At one time it was thought that certain cells lacked a membrane. This was thought to be true of the unicellular animal, the ameba. Recent work, however, has shown *hat all cells possess membranes. Cells possess a variety of shape. Some are spherica. others cubical. Other cells are elongated In various ways. The most complex cells of all are nerve cells which resemble the branching of a tree. Some types of cells are shown in the accompanying illustration.

M. E. Tracy SAYS:

What Far-Reaching Results an Oriental Explosion Might Hare , Xo Matter How Simple the Cause of the Original Explosion. IT goes without saying that a judge's orders should be obeyed, but does it go without saying that they should not be discussed? What is there about a judge’s order that calls for more than compliance? We feel at liberty to discuss actions of the President, even if they involve such a delicate matter as foreign policy. We feel at liberty to discuss the conduct of an official, no matter how exalted his station. We feel at liberty to discuss the wisdom, or justice, of a law, not only before, but after it has been enacted. When it comes to a court order, however, the legal point of view is that we should remain silent, no matter whether we like it or not tt tt tt Criticism -of Judges IT is possible, of course, that judges might be able to silence public criticism of their decrees and injunctions. What they can not do is silence private criticism. The question is, which do they prefer, which is best, not only for good government, but for the general respect that is essential to sustain the law? tt tt tt Perfect Courts? IP the expression of adverse criticism can be made contempt of court in one case, it can be made contempt of cotirt in other cases. If criticism of an injunction Is punishable by law, the basic idea could be elaborated until the criti-

cism of any statement by any court could be so construed. Have our judges arrived at a point of perfection where that would be safe, or desirable? Have they shown such infalibility that for the sake of progress in justice, if for no other reason, we can afford to let their orders, decrees and interpretations go unchallenged? a a tt The Asian ‘War’ THE Manchurian situation steadily grows worse. Both Russia and China continue to mobilize. It may be a part of the bluff which Japanese authorities call it, but there is bound to be some fire where there is so much smoke, and if someone doesn't look out, someone else will get burned. The situation is one of those which easily could result in war, and the war could easily spread. tt tt tt Bound Up in Orient TF Russia and China were to enJL gage in conflict, the interests of Japan would be affected. If Japan were to join the issue, the interests of a half dozen other nations would be affected. One only needs to look at the map to realize how hopelessly the western world is bound up in the Orient, and what far reaching results an oriental explosion might have, no matter how simple the original cause of the trouble appeared. a e b Ritchie’s Stand GOVERNOR RITCHIE of Maryland. says the states are under no obligation to help enforce the federal prohibition law. That is a curious position for one who believes in state rights to take. It was not by accident that concurrent jurisdiction was provided in the eighteenth amendment. Without concurrent jurisdiction, the eighteenth amendment would have amounted to nothing less than a decree obliterating state sovereignity. a tt ft Poor Logic IT is not to be presumed that Governor Ritchie wants to see the state adopt an attitude which would force the federal government to exercise an intimate police control over the villages and towns of this country. A more logical interpretation of his view suggests that it is put forward with the idea that if enough states refuse to do their part, the law will be modified, or repealed. If that were the only alternative, if he. and those who think like him. were sure that non-co-operation by the states would force such a result, his view would be sound from the standpoint of expediency, at least.

toplasm of vario u s organisms, they were all sufficiently alike to justify the use of the word protoplasm as a. name for them all. Similarly, while there are wide variations among the cells which, form livin g organisms. the points of similarity are so fundamental that the

Daily Thought

But covet earnestly the best gifts: and ret shew I unto you a more excellent nay.—T Corinthians 12:31. nan AMBITION sufficiently plagues her proselytes, by keeping themselves always in show, like the statue of a public place.—-Mon-taigne.

MANY of these half-way folks get. by. but they never get far. There is always a premium in business on the man who does his work painstakingly, with completeness and finality.—J. Ogden Armour. n an Just so long as we believe in a government based upon individualism and the freedom opportunity, just so long must we realize the pitfalls which are inherent in any system that diverts us as a nation into paths other than those which we have traveled to the success that is ours today.”—Roger W. Babson. a a a Girls have some values everywhere. even m such regions as Papua and Patagonia ... it is only in the United States that they are prized for what they are more than for the promise es what they will beceme when time has matured the

THE INDIANAPOLIS TIMES

Quotations of Notables

Yes, We’ve Gone Crazy With the Heat!

HEALTH IN HOT WEATHER Salves Won’t Cure Baby’s Eczema

BY DR. MORRIS FISHBEIN Editor Journal of the American Medical Association and of Hygeia, the Health Magazine. THERE was a time when the skin was thought merely to be a covering of the human body. Today it is looked upon as just as much an organ as any of the internal organs and particularly important because it reflects on the surface of the body disturbances that may be going on inside. Recently in a convention of all of the specialists in disease of children of Germany a whole morning was devoted to a consideration of present views of the common eruption of the skin of babies that is known as eczema. Once upon a time practically all eruptions on the surface of the body were called eczema. Now it is recognized that irritations of the skin may be due to factors acting on the skin directly from without, such as the wind, the sun, irritant soaps and chemicals of one

IT SEEMS TO ME * H = D

THE leading editorial in an Alabama newspaper recently was given over to high praise of a Negro citizen of the town. The article mourned the passing of Jim Swift, born a slave, and all his life the servant of the Mallory family. And the editor could not resist the temptation of rounding off the tribune with a few mournful remarks about modern Negroes, which, quoted from the Selma (Ala.' Times Journal, added at least a hint of misgivings on its own account about the passing of a type. “There is.’’ said the Times, “a large body of opinion among both Negroes and whites which admitting the rare virtue of Jim. still is unable to lament the passing of a purely servant type as the only Negro unit. They ask why any race always should be In servitude, however much appreciated, it is true that they offer the aspiring Negro little more encouragement than a theory of his equality, but they have induced him—for yet made clear—to look dow“on such men as Jim. Swift of Selma.” a a a Mammy Stuff rjwHE TIMES, of course, is an organic whole, and its editorial page speaks for the organization and not an individual, and yet it is not impossible in this case to peer through the anonymith and believe -vitb comparative certainty that the man who penned the comment came from below the Mason and Dixon line. I’ll devour an entire first edition, week-day of course, if I’m wrong. The attitude is so wholly characteristic of the south. You simply can not get a southerner to think realistically about any question which concerns the Negro. Drive him into a hole in an argument and he will seek refuge from the facts by telling you how

rawness of extreme youth.—R. le Clerc Phillips. 'North American Review.) a a tt It is a safe prediction that this American tariff bill, if enacted into law. will hasten the movement in Europe, of which the signs are everywhere evident, to bring about an economic federation or customs union on the continent.—Dr. Nicholas Murray Butler, president Columbia University. B tt tt A tonic or stimulant may fool you into feeling better for the time be-' ing, but it is in no way adding to your energy reserve. You have to manufacture you own energy by not trjing to dodge the rules of health. Remember, a tonic may ‘col you, but vou can not fool life.— William S. Sadler. M. D. <The American Magazine.)

type or another, and that this type of inflammation of the skin is entirely different from the type of inflammation that is due to factors coming to the skin by way of the blood. It is believed that many of the cases of eczema are due to some special sensitivity of the body to various food substances or to bacteria and that the constitution of the child, its heredity and similar factors may be important in the onset of the eruption. There is one type of child which is overfat and which is likely to break out with eczema. The condition is called exudative diathesis, because of the tendency of the pouring out of fluid on the surface of the body and in the internal organs. These children are especially likely to have eczema, The eating of large amounts of fat and sugar make the condition worse. It Is. of course, quite possible that a skin which is exceedingly sensi-

much he loved the Negro mammy who nursed him when he was a child. • But the Negro of today couldn't be old Jim Swift or Selma even if he wanted to. It is quite beside the point to ask a colored man of our generation to behave as if he belonged to a serial order which has entirely passed away. One might as well say to Alonzo Parham. “You have no business going to West Point. It ought to be your ambition to be a faithful Negro servant.” The south would like to have the Negro maintain a good-humored servility toward the white man. If this condition still existed, there would be no need of klans and fulminatlons. Yet, why can’t the southerners see that this condition is impossible, much as they would like to have it? The Negro who goes into a profession or industry no longer is dependent upon the bounty of some single white master. nan Sundays Off ACEP.TAIN number of Negroes remain in domestic service and it never has seemed to me that the

SITFRAC.F. CONTENTION July 19 THE first woman’s rights convention in the United States was held July 19, 1848. at Seneca Falls, N. Y. It lasted two days. The convention was called into session by Lueretia Mott. Martha C. Wright. Elizabeth Stanton and Mary Ann McClintock. Rather local in nature, it was jibed at freely by newspapers of the day with headings such as “Office-seeking Women.” “The Reign of the Petticoats” and “Insurrection Among the Women." From the gathering cam e a Declaration of Sentiments, fashioned after the Declaration of Independence. and a number of resolutions seeking equal suffrage. In substance, the resolutions were that women was man’s equal and deserving of an equal voice in government. The convention adjourned after a two-day session, determined to meet again in Rochester two weeks later and petition for the right to vote. Despite the ridicule attached to their movement, it was checked and ! New York, by act of 1848 and 1849. ’ put married women on an equality with their husbands and empowered i them to hold, in their own name, convey, and devise real estate and personal property. After the first step toward equal suffrage, women's rights conventions followed annually until equal t suffrage was established by the ! nineteenth amendment.

tivc to irritants of any kind will react with eczema to a small dose of external irritant, whereas a skin that is not so sensitive will be able to overcome the irritating dose. The symptoms of eczema vary. Sometimes there is itching: sometimes the formation of blisters, and sometimes dry crusts. Each of these conditions must be treated according to the way in which it appears in the individual who is I concerned. I For this reason it is hopeless to rely in cases of true eczema on any of the widely sold ointments, soaps or lotions which are made up in exactly the same way and which are sold merely as cures for skin diseases of all kinds. If the person is lucky, the preparation may hit the disease successfully: if he is unlucky, he may make the condition worse. It is far cheaper and more satisfactory in the long run to find out exactly what is wrong and to strike at the disease through its cause.

Ideals and opinions expressed in this column are those of one of America's most interesting: renters, and are presented without regard to their agreement or disagreement with the editorial attitude of this paper.—The Editor.

i job of being a servant was funda- ' mentally ignoble in spirit. But there was a need of readjustjment and. here in New York, at any irate, it has been the Negro who has been chiefly responsible for raising the standard. j Proud Nordics from the north of Europe worked as cooks and maids under conditions which a woman from Harlem would not tolerate, even though she were starving. Os course, certain world-wise economic currents have been responsible for the creation of a living wage in domestic service. But it is the Negro woman who | has led the way in winning the new freedom for the servant. She has insisted that when her job was done she would go back to her own | home and return the next morning. Not for her the rent-free room, with its obligation of being on con- ! stant call to perform some task or ; other while she was resting. Even lat great financial sacrifice colored ! servants have held to this essential j innovation. isauiix aqx JQI 'VAX ‘mauAqoo)

Society Brand SUITS $45 to $55 Values S6O to $65 Values Excellent selections in suits of /. f*. dark patterns. Many w ith two vJf JL trousers. *35. *4O. $45 values— fir* ie North Meridian Stnet

~TTLT 19. 1959

REASON —Ey Frederick Landis

If the Country Could Vote on Freeing the Filipinos. With Politics Eliminated. It Would Frce Them by a Big Majority. THOSE who enjoy reading Farick Henry's Liberty or Death speech should enjoy also the fervent plea for Philippine independence made by the Filipino representative, Manuel Roxas. before the senate finance committee at Washington. Rox has asked that congress fix a definite date for recognizing the independence of his countrymen, not an unusual thing to ask. since we have so often said that we would get out of the Philippines whenever they were able to run their own affairs a a a If a vote ol the country could be taken on this proposition, the same divorced from politics, we believe an overwhelming majority would be recorded for letting the ’'Little Brown Brother'’ paddle his own canoe. This issue never has been considered. except when it was submerged in a welter of hokum, such as “Never hauling down the flag!” tt b a We have not considered the Filipino very closely these last twenty years, for other issues closer homo have intervened, and the sons and daughters of those who tore their hair over the matter back in the days of Roosevelt and Bryan may be suprised to know that we have any little brown brothers in the family. This affectionate term was given the chocolate-hued gentlemen by Mr. Taft when he was serving over there as Governor-general.

WE recall the horror with which the country first thought of holding the Philippines, and. realizing this. McKinley, then in the White House, felt his ay carefully. ! Then the jingo spirit broke loose, capturing not only the Republican party, but many of the leading Democrats, and the campaign of 1900 was waged on the issue. McKinley mopping up Brother Bryan, who took the side of the brown boys. tt tt tt With nations, as with people, definite stands are not determined upon far in advance of events, but one thing leads to another. Thus in the Philippines, whatever chance there might have been for us to get, out of the islands, it was destroyed when the Philippine insurrection broke forth, for then, according to the code of nations, we had to shoot it out. ir a a Unless the Filipinos have profited by an almost inconceivable assimilation since last, we gave them a birdseye view, they are not a nation, nor even the raw material of a nation, but a hundred or more distinct, antagonistic peoples, speaking tongues utterly foreign to one another. Until one tribe mainfests enough power to rule the rest, it would seem impossible for them to last long as an independent power.

AND it would take a lot of sense to keep their political bark out of the international whirlpool, since their great natural resources make them very desirable in the eyes of those nations which have been practicing grand larceny for centuries. Japan in particular would lik to annex the Philippines, since they produce everything which Japan does not. and they are only a short stroll from Japan’s southernmost border. a tt a If a tribe appears in the Philippines capable of enforcing order throughout the archipelago, we are placed in a position of making good or eating our many promises of independence. But let the Filipino brother know that if we do turn him loose, we do not chaperon him: be can't be independent and have a guardian at the same time. Veteran Teacher Diec B >!J imrx ■■ vt I TER.RF HAUTE. Ind.. July 19Miss Rebecca Tomer, a. teacher n Wiley high school here thirty-six years, is dead.