The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-05
LAWS TO STOP LYNcHINGs.
GOV. ATKINSON SENDS A MESSAGE
To THE LEGISLATURE.


Prompt Action Against Arresting
officers who Fail to Do Their Duty.
Atlanta. Ga. Dec. THE governor sent
the following message to the legislature
today:
Executive Office. Atlanta, Ga, Dec. 4.
| 1sg5-Since my message to you at the
| opening of the present session of your
| body there have transpired occurrences
| or so grave a character as TO impose upon
me the duty Of again sending to you
Communication.
Information reached me that there were
in Screven county two parties charged
with murder who had not been arrested,
although the sheriff had in his hands
warrant charging them with the aforesaid
offense. These men were reported TO be
armed and ready to resist any effort that
might be made to bring them to trial for
the Offense charged. l offered a reward of
500 for their arrest and wrote the sheriff
Of the county, calling his attention to the
fact that il was his duty TO arrest them,
and requested that he summons a posse
cOmitatus and execute the warrant in
his hands. on November the l4th the
sheriff wrote me Il summoned a posse
of thirty-eight men to meet me this
morning. Out of thirty-eight three re-
sponded to the summons. l went with
the three men and searched the premises,
but they could not be found. Where they
are I am not able to say, as l could learn
nothing from the family.
/ am informed that on this day the de-
PENDANTS were seen bird hunting in the
county of Screven.
There is no penalty attached for failure
to respond to the summons of a sheriff
10 act as a posse comitatus.
This statement of facts, without argu-
ment, justifes me in recommending:
1st That a law be enacted that will
provide a penalty for the failure to obey
the summons of a sheriff TO act as a posse
2d That it be made the duty Of the
solicitor general, in every case where he
has reason to believe that an arresting
officer has failed TO make an arrest when
it was in his power to do so, to draw
rule nisi against him, so that If the facts
on trial warrant it, he may be punished
as prescribed in section 1851, to wit:
FINED, imprisoned, or removed from Of
flee in the manner prescribed by the con-
siitutiOn and laws"
II is folly to expect the military to turn
ont and roam through the forest i'm
search of every criminal who evades ar
rest 1t is the duty Of the arresting Of
ncerS to execute warrants for criminals
and the lawmaking power should give to
them ample power to perform their duty
When this has been done, if any one of
hem fail, when in his power to arrest
:harged
Government owes to the people no high
= duty than the impartial and speedy en-
orcement Of law. The standard of the
;IVlllzation OF people, the efficiency and
.haraeter OF a government, are deter
mined not by the laws which it enacts,
but by those which il enforces.
during the present session of the gen.
y al assembly lneie nave been reported
ihree lynchlngs-one in Clinch county.
one in Montgomery, and one in Dooly.
lhese savage acts are in violation of the
rights of the citizen and of the express
declaration of the constitution Of the
state.
In spite of these rights guaranteed to
every citizen, three men have been taken
curing your present sitting and deprived
4 life without trial, without an oppor-
unity to be heard in their own defense
- the language of the constitution,
" lthout due process OF law" While the
co sttution of our state says, Nor shall
any person be abused in being arrested,
Whi under arrest, or in prison" ii Is
rue that in each of the cases above
lefe, red TO, the party murdered by lynch
ers vas actually taken from the Custody
OF tn officer of the law, who held him to
answt the charge in court authorized
10 try and If guilty punish him. The
Iyncher used the officers of the law to
arrest I'D disarm their victims and then
look II EN- from the custody of the law
and Killed them. This is not only true
IN these cases, but is, l think also true
Of every case of lynching during my term
US governor In each case the officers
nag the defendant in charge, and the
JH'Ses OF the courts were ready to do
lLelr run duty, grant a speedy trial. and
"iilct punishment if guilty. There had
heen no failure on the part of the officers
of the law to do their full duty In one
instance the governor had offered a re-
ward for the arrest of the defendant, he
had been arrested, the reward paid q
special term of the court called the de-
iendant convicted and sentenced to be
nuHS III tne shortest time allowed by
INV, ana yet he was taken from the
s1erim in the court room, in the presence
of the court and jury, and lynched
That you may fully appreciate the enor-
nifty of the wrong done nv so-ca tIed l1tnct,
.aw 70 the REPS tation of the state, to civ
Iizauon, and 10 the rights Of man, I in
vie you to inquire into each of the re-
cent cases which have moved me to pen
inns communication. The conduct of the
MOB IN each case is unjustifable, dis
graceful, and shocking, but in one of them
.ne wrong done was especially horrifv-
n-. ME engaged in writing this mes
[aAe' mere came into my office. asking
laat he be accorded a trial in our courts
4 man VINO had fled from an angry mob
a Elch endeayored to capture and lynch
Mob violence does not aid in suppress
slhS lawlessness, but increases it, one
mon begets another mob.
we all know of many wrongs il has
done, and of mistakes it has made in
aeiectlng its victims. How many Innocent
men nave been sacrificed by this lawless
Eourl can never be known. for it denies
rs victims the right to be heard in their
f fera,. defense, and then closes their mouths
The people can safely entrust the pun
l9lIhent or crime to our courts If the
men charged with crimes are guilty they
mould be punished as provided bv law
penalty. inns
Men seem to forget that each man who
images in a lynching violates tho law
qsalhst murder, and that the penalty is
NtaJh upon the galloWs
A ne arresting officer is now clothed
WIN power to take the life of his as
f5ilants when resisting their efforts to
axe a prisoner from him, and it is his
,u,y TO take the life of the assailants
u necessary to protect his prisoner and
'1Jdln him in custody
mat 1t may be ascertained whether
Il a., Aot ne does his full duty in this respect
very instance, | recommend the pas
80 80 OF law requiring thorough in
Sslsatlon in every case and providing
II ~ e4uaIe punishment when he falls short
n T.. lne full measure of his duty. Existing
oMs are inadequate to meet the eIner-
5sncy Other laws should therefore be
lated 10 enforce the constitution, and
~ secure the citizen rights guaranteed
our fundamental law.
.aL me measures herein and heretofore
ssested by me do not meet with your
p glioVal, l most earnestly ask that YOU
H. use others and enact them into law.
81 l very effort you may make to stamp
1' Iynching, you shall have my hearty
o-9peration. and every law which YOU
Il Lay enact shall be enforced If am given
".g power to do so.
ne responsibility for the needed Ieeis-
itvu is upon you, and I shall confidently
g upon your doing your full duty I
N-lot believe that / ask in vain when
49,