Asheville daily citizen., 1894-12-26
REFORM NEEDED,

Judge Clark, writing on lynchinSs in
the American law Review-extracts from
the article being printed in THE CITIZEN
Monday. said at is the case CT tie
Vigilance committee OF San Francisco
over again" We wish the parallel were
more obvious. But what the Vigilance |
committee of San Francisco was, alter
all, most remarkable for is precisely
what the lvnching committee of the pres.
ent day conspiciously lacks, and, lacking
is all the more t. be condemned. We
mean the judicial temperament; drlibcr
alton, the entire absence of the spirit OF
revenge, formal trial, and the ver-
dict executed with speed, it is true, but
protection OF society, not the death Of
the condemned. Ne have not read as
deeply, perhaps, as the learned Judge in
the early history of California, but our
recollection is that the percentages OF
unjust convictions by the Vigilance com.
mittee was very small. Can the same
fact be urged in justification of lynchjrg
as brought about by the delays of the
courts, So ioicibly rectcd by Judge
Clark? Every man who has studied tie
question knows what the answer is.
Ly nch law is mob law; the law of law
lCssntss; it is almost never deliberate;
it does not distinguish between grades
of crime; it is passion at its fullest fl rod;
its acts, If we could have them passed on
by the highest court of all courts, would,
we b,lieyc, show an appalling total OF
what, from the most favorable point OF
view, would have to he considered muir
ders without any Justification whatever,
But we had not intended to appear to
take issue on any vital point with Judge
C!ark's position, for the reason that hc
sands, by virtue of his office and oppor-
tuuitits, in the position of an expert as
To the extent, II not so much SO as to the
effects, Of the laws delays. As he lays
bare the progress OF trial for murder
We can see that it is largely travesty
on justice; the form but not the sub
stance; hollow mockery. The accused
has everything in his favor; society as
represented by the prosecuting officer
must stand by and see technicaii,ies
magni6ed into an Importance greater
than Justice itself. Trih:s light as air
make vital points on which the ac.
custd turns bis back on the courts and
RENTERS society to slay againiI prompted
by passion or self interest.
Judge Clark, we are glad to see, does
not content. himself with criticising he
would reform and he tells how be ould
reform. Along this line the lawyers and
judges OF North Carolina have duty,
as the Judge points out. which they
cannot escape; the burden is on them.
No layman can do more than to lay
bare the abuses that exist. The remedy
must be applied by these Of the legal
profession who have the good of the
State and the protection of society
nearer at heart than they have the
further dignifying Of legal technicalities,
by which they can win triumphs in cap.
ital cases at the expense Of human life
and with the certainty Of giving an
excuse il not a cause for lynchings that
stain the fair name Of North Carolina.
Ifthe lawyers and judges Of this State
would take hold Of the matter as one
Of conscience they might effect all the
necessary reforms at the coming term Of
the legislature. We doubt if all the ben.
e6ts Judge lark expects from the change
would at once follow. The causes Of
lyuchings-or some Of them-we fear lie
deeper than he suspects, But the neces
sity for reform Of the law is 90 apparent
that It ought to be undertaken even If
IL nchipgs were unknown in the State.
Judge Clark says:
THE trial Of capital case when the
prisoner 10 guilty, generally 10 not SO
much an investigation Of the truth OF
the real matter at Issue as display OF
legal skill on the part Of counsel which
10 usually sufficient to prevent the exc
cution Of the just sentence of the law"
The accuracy Of this 10 no more to be
doubted than its Importance considering
Ito source. Reform can come only from
within, and II the bar and judiciary Of
North Carolina will not undertake that
reform II msst justly be held responsible