Indianapolis Times, Volume 46, Number 220, Indianapolis, Marion County, 23 January 1935 — Page 8

PAGE 8

MOONEY RULING HELD BOOST TO CIVILUBERTIES Supreme Court's Decision Explains ‘Due Process of Law.’ By Brrippt-Hntrnrd yewpnprr Alliance WASHINGTON, Jan. 23—The Supreme Court's decision in the Tom Mooney case today was hailed as a verdict of wide value to the cause of civil liberties. While inconclusive on the merits of Tom Mooney's charge that he was convicted of murder on evidence which his prosecutors knew was perjured, the court’s ruling is definite on these points: 1. ‘‘Due process of law" requires more than mere “notice and hearing" as argued by the State of California. 2. The due process requirement of the I4th Amendment, “in safeguarding the liberty of the citizen against deprivation through the action of the state, embodies the fundamental conceptions of justice which lie at the base of our civil and political institutions.”

Given Broad Interpretation 3. Action by a prosecutor, such as alleged by Mooney, definitely may constitute “state action" within the 14th Amendment’s language. The broad phrase “fundamental conceptions of justice” is taken by civil liberties defenders as their great victory. The “due process" clause which it interprets is the same clause which public utilities corporations in many cases have invoked successfully to block state regulation and lower rates in Federal Courts. 1 But now "due process” is given a broad interpretation under which, lawyers say, it conceivably might be used to penalize state officials for permitting a lynching, in a case where these officials could be shown | to be lax. Lp to California Now Also of importance is the court s | ruling that "due process” applies to state courts and their officials as well as Legislatures. Governors and administrative officials. Most pre- j vious 14th Amendment cases have been against state laws and administrative officers. As to Mooney himself, his appeal j was thrown back by the Supreme Court to the state courts. The Supreme Court has said in effect that if Mooney’s charges of perjured state testimony are true, a habeas corpus writ should be issued to free at once the labor leader now serving a life sentence in San Quentin Prison. This puts it up to the California court to decide about the perjury charge as a matter of fact; the law was decided here by the Supreme Court.

lit how does it make a cigarette' milder TN making Chesterfields we take Bright and the right kinds of aromatic Turkish. * tobacco from Virginia, the Carolinas, Then, instead of just mixing the to- \ 9 / Georgia and Florida. We take Burley to- baccos together, we blend and crossn \ c' / ‘ and tobacco from Southern Maryland. flavors go together into one full flavor (CL 1b aik.— 0 / Then in addition to these home-grown —the Chesterfield taste that so many . mondat Wednesday satukday / tobaccos we take tobacco grown in Tur- smokers like. kostelanetz orchestra We balance these mild, ripe home- in Chesterfields gives the cigarette a BP. m. (c.s.t.)-Columbianetwork grown tobaccos with the right amounts pleasing taste and aroma they're a,,. u*TT. to;co c. mild and yet They Satisfy.

HUNT MISSING BOY

* tic's : ’

Jean Gates

Anxiety for his four-year-old son. Jean, has caused J. F. Gates, 3027 N. Talbott-av, to ask police to search Indianapolis for the child and his mother, who disappeared from their home Friday. Mrs Gates formerly was secretary to ex-Police Chief Claude Worley.

FROSH TO BE GREETED Washington High School to Welcome 250 New Pupils. The Rev. George C. Kimsey, Memorial Baptist Church pastor, will be the principal speaker at the Washington High School convocation at 1:30 Monday for 250 incoming freshmen. Principal W. G. Gingery also will speak. Music will be provided by Maurice Fowler and Lottie Mehaffey, members of the class of 1934. CARD~PARTY SCHEDULED Modern Woodmen to Sponsor Event Here Friday Night. Modern Woodmen of America will give a public card party at 8:15 Friday night at 1025 Prospect-st. Henry Sauter, Fred Bly and Harry Schurman are in charge of arrangements.

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SENATE ARMS PROBERS HUNT CORDHIR QUIZ Anxious to Find Auto, Plane and Ship Builder. By United Prrnn WASH.'NGTON, Jan. 23.—The Nye Munitions Committee ordered an inquiry today to determine why E. L. Cord, millionaire automobile, airplane and shipping executive, has not been available for questioning in the Senate arms investigation. Mr. Cord, a principal owner of the New York Shipbuilding Corp., now under investigation by the Nye group, is in Europe. Senator Nye said the committee had decided to ask Mr. Cord’s attorneys for a further explanation of his absence. The manufacturer sailed last spring at a time when another Senate committee—the Black airmail investigating group —sought to question him. It was explained then that kidnaping threats against his children caused his departure. “His attorneys simply tell us they don’t know when he will be back,” Mr. Nye said. “If it is necessary, a subpena will be issued. If Mr. Drive Out the Poisons When regular bowel movements stop, waste clogs the bowels and soon j poison the entire system. en you feel bad on this account, take Thedford’s BlackDraught to get rid of constipation. Refreshing relief follows. “I take Thedford’s Black-Draught for dizziness, headaches, bad taste in the mouth, a dull, tired feeling and for any bad feeling that comes from a clogged system,” writes Mr. D. M. Minton of Chiefland, Fla. “Soon I am feeling good as new. I only take a dose once in a while.” THEDFORD’S BLACK-DRAUGHT —Adv.

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THE INDIANAPOLIS TIMES

Cord fails to answer it, the next step is obvious.” Mr. Nye explained that Mr. Cord’s name would appear frequently as the committee continued its inquiry into relations between the Navy Department and private shipbuilding companies. “We will have some questions,” he said, “which only Mr. Cord can answer.” SCHOOL HEADS TO MEET State Superintendents' Research Club to Convene. Comparative school costs, construction of elementary curriculum and opportunities for under-privi-leged Indiana children will be discussed by members of the Indiana City Superintendents’ Research Club at its annual meeting at 9:30 Friday, Feb. 1, at the Indiana School for the Deaf. Hoosier Killed by Train By United Pretn DELPHI, Ind., Jan. 23.—William Gerard, Delphi, was killed instantly today when he walked into the path of a Monon freight train. He was 63.

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COMMITTEE TO 0. K. FREE TEXT BOOK BILL Group Indicates Approval of Rep. Black's Measure. The House Committee on Education will return a favorable report this week on the administration's

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free school book bill, drawn up by Rep. William J. Black ID., Anderson) it was indicated at a meeting of the committee yesterday afternoon. Minor amendments probably will be added by the committee, and three other free text bock bills which have been introduced in the House probebly will be killed.

U. S. Car Makers Boycott Nazis By United Prt* BERLIN, Jan. 23.—A1l American automobile dealers except Henry

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.TAN. 23, 1935

Ford are boycotting the annual motor show which Is to be held from Feb. 14 to Feb. 24, It was learned today.

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