Indianapolis Times, Indianapolis, Marion County, 21 August 1936 — Page 2

Page PDF (13.05 MB)

Back to issue view

. on American criminal

RB Hn 1 :

IRIME HANDLING

Democracy

NEWSPAPERS _

to Ban Sensationalizing of Trial News.

(Details of Gov. McNutt's radio “Speech, Page 31).

Proposal of ‘a statute to prevent

_sensationalizing of criminal trials

newspapers is to be one of the iincipal features of the report of : committee on criminal procedto the American Bar Associawhich meets next week in BosAtty. Gen. Philip Lutz, com‘mittee chairman, announced today. ‘Mr. Lutz was in Boston today to attend the second annual meeting of the Interstate Commission on Crime. He is to remain there for the association meeting, which is to last from Monday to Friday. . Gov. McNutt is to speak on the “Public, the American Legion and Orime” at the meeting of the Interstate Commission on Crime.

Other Proposals to Be Made

~ Other proposals of the report, to be delivered by Mr. LutZ Monday, call for enactment of statutes concerning criminal procedure, admission of evidence gathered by peace officers acting in good faith but technically illegally and interstate compacts to ‘secure more effective - co-operation between the states in the enforcement of criminal laws and policies, ; “The most serious criticism of American criminal procedure today

is that the judges of the courts]:

permit newspapers to usurp the court's own functions and duties,” _ the report is to say. "Newspaper interference with . eriminal justice always appears ~ most. flagrantly in the most celebrated criminal cases,” the report will continue. “Those judicial proceedings, therefore, in which justice most Needs to be a calm investigation of the truth are, on the contrary, most violently ‘hippodromed’ and ‘panicked’ by the press.”

Cases to Be Cited Jeopardizing of the defendant's life and liberty if he is innocent or

of his conviction if guilty is “not the least serious result of this in-

= terference,” the report will contend.

The Hauptmann and Mooney cases are to be cited as examples of “trial by newspapers.” “Both Mooney and Hauptmann,” the report will point out, “based their’ appeals on the ground that théy were. actually tried and condemned by the press and that their court trials and convictions were ~ therefore unfair and not according to-law.” To stop “contempt of court by publication” the committee will propose a statute which would offer an alternative contempt procedure without repealing existing prons of law for dealing with conppts of court.

clufle a definition of what is proper “in ‘connection with pending crim-

of inal proceedings and empower the

court, on the motion of any person, to issue an order to an editor, publisher, reporter, broadcaster or news reel man to show cause why a should. not be adjudged in contempt of court for a specified publication. It also would provide for ‘a special judge to hear the case and ~ fix the penalty. "A maximum fine of $100 and a term of imprisonment not to exceed 10 days are suggested as punishment together with a reasonable compensation for the person, if any, against whom false accusations were published. General adoption of five statutes ‘which have proved their value where they have been used is'to be urged by the committee. They would permit the use of information in criminal cases whereever the indictment may be used; waiver of jury trial; force a defendant to give notice before trial that he will offer an alibi or plead insanity as a defense; leave to the discretion of the judge joint or

(Mr. Sullivan writes thrice weekly)

BY MARK SULLIVAN

ASHINGTON, Aug. 21. — Omitting qualifications and not attempting exactness of definition, which are not possible in a limited space, a rough statement of what is now uppermost in the world | ©! would read as follows. It calls for the most serious attention Americans are capable of giving. In 1917, a revolution in Russia abandoned monarchy. It set up a democratic republic, much like our own. This was &- familiar type of revolution. It was the same sort of revolution toward democracy

which had been going on all over |.

the world for more than a century, sometimes with violence, sometimes peacefully. In Russia, however, soon after the first revolution, Trotsky and Lenin arrived. = They plotted and carried out a second revolution. This was from democracy to co unism. Communism was a form of government and society new to the

world, #® » ”

OMMUNISM, having got a foothold in Russia, began a vigorous campaign to extend itself to the rest of the world. One of the countries in which it made some headway was Italy. In Italy in 1922, while the movement toward communism was under way, Mussolini came to the front. He evolved a form of society and government which he called fascism. It will be observed that fascism was devised as a kind of antidote to communism. A few years later, another country, Germany, went through a similar experience. Germany, immediately after the war, had a revolution of the older type, from monarchy to a republic. The German republic lasted several years. Then communism began to undermine it. - At that point, Hitler brought forward a system called naziism, which was set up in 1932. Naziism essentially is the same as fascism. It will be ob-

served that in Germany as in Italy,

fascism arose as a kind of antidote to communism.

» » =

HE conflict between communism and fascism went on in several smaller European countries. The next development in an important country was in France a few months ago. What took place in France can not be called adoption of communism, for Franee still retains the form of a democratic. government and still retains private ownership of property. The development in France was, however, in the communistic direction. We come now to Spain. In Spain five years ago occurred a revolution of the type long familiar, the same as the first revolution in Russia and Germany, a revolution from monarchy to a democratic republic. The Spanish republic lasted five years. Recently, while remaining a republic, it moved in the direction of communism. Thereupon, in early

separate trials for joint defendants,

| and provide for alternate jurors.

Other Laws ta_Be Urged

Statutes to be recommended as aids in interstafe crime fighting would provide for the attendance of witnesses from within and without the state in criminal proceedings; for the extradition of criminals; for the arrest and custody of persons closely pursued in one state by peace officers of other states; and for a uniform compact dealing with paroled prisoners and probationers. Organization and education of interested citizens is advocated by the cqmmittee as the most successful means of improving criminal procedure, Lawyers, law teachers and judges would be enlisted to point out to such organizations defects in criminal procedure and their remedies. Then members would contact their state Legislature for the desired laws. Experience of such organizations in Indiana, California, and other states, the report stated, amply proved that the people of any jurisdiction, by such a method, can bring about the improvement of its

criminal code.

July, persons philosophy oar society took up arms AS iniItaly and Germany, fascism sige as an antidote to communiem is now going on in Spain is a between fascism and com-

m als. what has gone on in five of greatest European nations is a struggle between communism and fascism. In one country, Russia, communism has established itself firmly. In Prance, there is a strong swing toward communism. In Spain, the two conceptions are engaged in a bloody war. os ” t 4 . HROUGHOUT all this, democZ racy is forgotten. Democracy does not even figure in the fighting! The end of democracy is taken for granted. It is a struggle between Fascism and Communism over what Mussolini sneeringly called “the putrid corpse of liberty.” The only large country in Europe still holding to the democratic form of government and a free soclety is Britain. Between Fascism and Communism the chief distinction is that Fascism preserves the right of individual ownership of property, while Communism denies it. Excepting that difference, the two are much alike. Both use dictatorship as the mechanism of government. Both get rid of parliamentary government. After 19 years Communism in Russia has just recently announced that there is to be a parliament of a limited kind. Both deny the right of any opposition political parties to exist— both insist on the “one party state.” Both deny freedom of the press. Both deny freedom of opinion. Both deny freedom of religion (though in Italy Mussolini has not- yet thought it wise to make a frontal attack on the strongly entrenched Catholic Church. Both deny that the individual has any rights which government needs to respect—in both the ideal is the “authoritarian state.” Both regard opposition or criticism as treason and punish it as such. Individual rights and liberties, as practiced in democratic countries, disappear utterly. » » ” HIS brief epitome here given pictures a condition which America can not ignore. It gives sombre significance to the ironic title of Mr, Sinclair Lewis's book, “It Cant Happen Here.” Plainly this is a condition which America must look in the face. The attack on democracy has been going on in the world since 1917. The republic set up in Russia lasted only six months. The one in Germany only 14 years. The one in Spain only five years. Today, the tide against democracy runs stronger and stronger. Within the past few weeks it has invaded France and submerged Spain. Our own country and Great Britain are the only large nations which still retain a democratic government and a free society. ' Clearly, the problem facing America is the preservation of our form of government and society, . Beside that, every other problem is minor.

KING EDWARD DRINK CAUSES WRY FACES

By United Press WASHINGTON, Aug. al ~The King Edward cocktail was introduced to capital drinkers today’ as a rival to the famous “Zioncheck zipper.” Said to have been concocted by the British King himself, the new mixture was officially “unveiled” in the Mayflower Hotel. As Jack Williams, the hotel's chief bartender, mixes it, the cocktail consists of one-third gin, two jiggers of Dalmatian liquor, a spoon of sugar, lemon peel, lime juice and Dalmatian champagne. The official tasters made wry faces.

ESTATE VALUED AT $210,176 Times Special ANDERSON, Ind. Aug. 21. —An inventory filed in Circuit Court today valued the estate of Mrs. Ina Eberhart, who died recently, at $210,178,

HTT

We Close atlo ‘Clock

Please Shop Early “4 for Hot ath ther and Vaca tion Needs=jor

Offered After Agency Gets Order Balking Seizure of Reoorss By United Press

WASHINGTON, Aug. 21—Tom and mutilated ‘letters recovered

from the wastebasket of a detective |

agency were presented to the La Follette Senate Civil Liberties Committee today as it started, amid legal complications, its inquiry into labor spy activities. The letters were obtained from the wastebasket of the Atlanta office of Railway Audit and Inspection, a detective agency under scrutiny in the inquiry, They were presented immediate-

ly after attorneys for the concern)

revealed a show cause order had

been obtained in District of Colum- |:

bia Federal Court to prevent surrender of subpenaed Railway Audit records to the committee.

Acting in what they held to be in| accord with the court order, officials | -

of the concern failed to appear at the hearing, drawing a warning

from Chairman Robert M. La Fol-:

lette that they absented themselves “at their peril.”

Watched Wastebaskets

Virgil Finch, investigator for the committee, told the story of the mutilated records. He said he presented a committee subpena to G. E. Ivy, manager of the Atlanta Railway Audit office, but was not allowed to see the concern’s records. He thent set to watching wastebaskets” as they came from the office over a period of several days. In the wastebaskets, he testified, were found torn’ up letters which were pieced together. and read into committee records today. They dealt with undercover activities in strike and labor difficulties. “Quite a bit of the correspondence is between W. H. Gray, a field solicitor of the R. A. & I, and Mr. Ivy,” Mr. Finch testified. “Quite a bit of it is about ‘hooked men,”

“An Undercover Man”

He explained that “a ‘hooked man’ is hired to go out into a plant as an undercover man.” Records subpenaed went to reveal, committee investigators estimated, existence of an $80,000,000 a year “racket” in the supplying of strikebreakers and spies to principal industries. The committee was created by the Senate last session to inquire into alleged “violations of the right of free speech and assembly and interference with the right of labor to organize and bargain- collectively.” It is headed by Senator Robert M. La Follette Jr. (Prog, Wis), son. and namesake of “Fighting Bob” La Follette, who made the rights of labor a political issue. Senator El-

SENATE PROBE

Holding the fascist):

+ “All never will ve forgiven. It was too heart breaking,” Eneanor "Holm Jarrett announced on return to New York from her ill-starred Olympic trip, denying that she had made up with Avery Brundage, American Olympics executive who ordered her suspension for drinking

champagne.

Mrs. . Jarrett said she would seek reinstatement as an

amateur, but that she planned to mix champagne with her water activities. She is pictured with her husband, Art Jarrett.

bert D. Thomas (D., Utah) is the

other member. The late Senator Louis Murphy (D., Ia.) was a member. The committee called for gresentis tion of books and papers of the Railway Audit and Inspetion Co. at the first session. - Documents

and officials of the Burns Interna- |

‘tional Detective Agency and the Pinkerton National Detective Agency have been subpenaed also. The Burns and Pinkerton ‘firms have agreed to inspection of their files. The inquiry is expected to be completed by the time, Congress meets in January. :

“We don’t know what the detective firms are going to show up with,” Wohlfort said, “but we are all set for them.” ; J. Warren Madden, chairman of the National Labor. Relations Board, took official cognizance of the ex-

1'tent of strike-breaking in a state-

ment saying: “There exists today. large enter= prises, one of whose most important functions is to do to’ workmen what, if my assumption is correct, not even the American govern--ments themselves would: be: permitted to do. “These enterprises for a considgration supply to employérs nien who pose as workmen and are so accepted by their fellows, but whose

TAFFETA

AVON SHOP Sensational Purchase. 300 NEW FALL

DRESSES

or MOIRE

Plain and Printed Taffeta

MOIRE, TAFFETA, | PRINTED TAFFETA, TRAVEL PRINTS in

Brown, Navy and Black. Open

Saturday Toe

Sparkling styles with“ ; duet pas of in- : dhvidudlity. :

real upetion 'is to spy upon their fellows to discover which of them are exercising their liberty of selforganization, to report that fact to the employer so that he may, under some false pretense of inefficiency or misconduct, penalize such workmen by discharging them.”

S70 VEW |

| INDIANA LEVIES

: Schools Are Scheduled for

Counties Throughout State, Report.

The Indiana Farm Bureau, Inc. and the Indiana Taxpayers’ Assoclation today announced that they will co-operate in holding tax schools over the state to scruti-

nize county budgets and recommend reductions. The schools, they announced, are to be held in each county in the state with the possible exception of

a Marion County, where the Taxpay-

‘| ers’ Association has undertaken the project singly. The - schedule "of the meetings Aug: 24; Lake,

| follows: Distr 1--Pulastl. AY arshill, Aug Aug. 31; Starke

2 g. 26: By Forte ! atric Bt, Jonern. Aug, 21: Whitley," Aug. 31; Lagrange, Aug. 24; Steuben. Aug. 25; Kosciusko, \ Elkhart, Aug. 27; Neble, Sept, a Kalb, Sept. 1. District 3 — Newton, Aug. 24; Jasper, Aug. 25; Benton, Aug. 26; White, Aug. 27; Carroll, Aug. 28: Tippecanoe, Aug. 29; Cass, Aug. 31: Clinton, Sept. 4 District 4—Tipton, Aug. 26; Miami, Aug. 27; Wabash, Aug. 28; Huntington, Aug. 29; Wells, Aug. 22; Adams, Sent. 1; Jay, Sept. 2: Biackford, Sept. 3; Grant. " Sept. 4; Howard, Sept. District 5 en. Aug. 21; Hendricks, Aug. 22; Morgan, Aug, 24; Vermillion, Aug. 31: Fountain, Sept. 1: Warren, Sept. 2; Montgomery, Sent” 3; Boone, Sept. 5; Parke, Sept. 7. District 6—Madison, Ave 21; Hamilton, Aug. 31; Wayne, Sept. 2; Randolph, ery: 3; Delaware, Sept. 4: ‘Henry, Sept. District 7—Owen, Aug. 22; “Vigo, Au. 24; Sullivan, Aug. 25; nox, ave. Daviess Aug. 27: Greene, Aug, 28; Soe, Aug. 29; Lewzence, Aug. 31; Martin,

1; Clay, Sep Se et 8 Prankiin, Aug. 21; Decatur, Aug. 24; Bartholomew, Aug. 25; Brown, Aug. 26: Johnson, Aug. 27; Sheiby, Aut. 28, Rush, Aug. 29; Fayette, Aug. Union, Sept. Y. « District 9—Spencer Aug. 24; Perry, Aug. 25; Crawford, Aug. 26: Orange, Aug. 27;

/ Preparedness

By United Press

. safe at Fort Army post. He was called on ro another today, and ed it. “I knew you'd that key again some day,” he said. “Here's an extra one.”

OLD SETTLERS MEET AT PARK FOR.OUTING

More than 500 members attended the Marion County Old Settlers’ Association outing yesterday at Broad Ripple Park. A basket dinner, contests, oratory and election

comprised the program. All officers were re-elected. They were Emsley W. Johnson, president; Mrs. Martha B. Howe, vice presi-_ dent; Mrs. Samantha King, secre tary, and George T. Blue, treasurer, william P. Evans, local attorney, spoke in praise of the early settlers as builders of the nation’s foundaeHons, ;

DEMOCRATS oF NINTH 10 OPEN C/ CAMPAIGN

Times Special 3 COLUMBUS, Ind, Aug. 21, — Ninth District Democrats are to open their fall election campaign here, ‘Sept. 4, L. E. Reeves, district chairman, announced today." Bither Senator Sherman Mintonor Senafof Frederick VanNuys is to" speak. Rep. Eugene B. Crowe, Bed: ford, seeking re-election, also is to appear on the program. A

Dubois, Aug. 28; Warrick, Aug. 31; Pike, Sept, 2; Gibsox, Sept, 3; Vanderburg, Sept. ; Posey, Sept. §. 4 District Tor scott, Aug. > Washington, Aug. 25; Harrison, gE 6: Floyd, Aug. 27: Clark, Aug. efferson, Aug. 29; ° Switzerlamy: ARE. Bi. Jackson, Sept 1} Jenhings, Sept. 2 Dearborn, Sept. 3 PGhio, Sept. 4; Ripley, Sept.

~ Tomorrow ~ NIGHT at NIN

oS trauss Says— Goodnight to the

HALF PRICE SALE

The sale swings into is last day.

About 100 . SUITS, Hundreds of “TIES A table of PANTS. A rack of SPORTS JACKETS.

- Stocks have been reassembled for the grand finale! In all frankness, there ion’ a lot lefi—there can’t be, after sucha sweeping, sensational public response! - BUT WE DO INSIST—that the last day still offers wonderful opportunities, Sd ‘Whatever is left, is as good as gold. ws cerfainly worth your while— (and worth money) fo look through. “SPECIAL”—even though you may Hak find

a bl

what you want in the half price sale—we intend that you shall go away consoled and happy— because on every hand will be outstanding values—they. are carded—“SPECIAL.”

SPECIAL

REAL SILK mee