Kansas City daily journal., 1896-12-27
LYEeHrNa cnImrrA1.s.

a=rs = - : T ii
Foreigners who look into our institutions
ss they are administered and discern our
evident desire TO be fair and just TO all
classes of citizens see an irreconcilable
difference on the one side, Sas it is advo-
Gated. and our practice on the other side.
as actually carried out in the treatment
of some classes of criminals. They cannot
understand why criminals are lynched
when we make such great professions of
reverence for law and the melting out of
exact Justice TO ALL Putting all sentiment
ality aside, why is it that lynehing is so
frequently resorted to in this country?
why is It that men who ordinarily obey
the law and are quiet and peaceable citi-
zens win take an active part in lynching
some one who has committed some heinous
offense?
These are easy enough questions to ask.
but It is much harder to give clear and
satisfactory explanation of them. Neither
will il be sufficient reason, as some re-
cent writers have contended to say that
at times a crowd becomes suddenly
insane. and during this period of
temporary insanity the deed is done. This
Eeems an easy way of disposing of a trou-
blesome question upon the hypothesis of
an insufficient theory, but It falls far short
of being the real cause, so that it becomes
necessary TO Iook in another direction for
n basis upon which 10 found theory to
account for the prevalence of mob law in
many portions of the United States Be
meath the surface of things there exists a
latent feeling, liable to burst forth on
slight provocation, that the trial of GRIM
inals is too frequently a matter of delay
I'm Witnesses are dead. or removed, and
that eventually the most fragrant vioIators
OF law will 20 unwhipped of justice, and be
again turned loose TO plague society The
delays, the quirks. the quiBbles and the
evasions resorted to by lawyers. and the
political and social influences exerted too
frequently on judges, and their lax admin
istration of justice-ar these things COM
bined-are floating as actualities in the pop
ular mind: and in this belief. perhaps i'm
aginary. Is TO be found the real cause why
men too often take the law. as it were, in
10 their own hands and punish criminals
with swift vengeance. 1t is, after all. not a
matter OF very great astonshment that
travcstics on justice. such as are too we'll
known. even in this community. should
create deep grounded suspicion that
courts are often subterfuges for evading
Justice and not places for melting out JUS
tice speedily to criminals who are notori-
ousty guilty.
There Is a widespread opinion that some
judges ara not just men, and that their
rulings are not always what they ought TO
he. and that they are Influenced by motives
other Than legal ones. As a matter of fact
OIL party or partisan feeling should be as
ar removed as possible from the bench.
Yet while human nature remains as it IS
there viii always be some men wearing the
judicial ernine who will be governed by
such influences. Partisan Influence. no
doubt, has extended In a few instances to
the very highest court OF the country, and
IL to this court, how much more so to the
lower courts. where the judges are selected
on n political basis. rather than one of fit
ness for the position? Were our courts in
no sense circumiocution offices and places
where justice IS misadministered. delayed
and evaded, there would be no mobs; but
when one man Is sent for n long term of
years 10 the penitentiary for stealing n
mocking bird. and a second deliberately
knocks another in tho head by n blow with
n club and gets n Jail sentence of six or
twelve months, fair minded people feel in
censed.
The cause for these anomalies lies per
haps IN the judicial system of the country
as 1t IS organized and administered. To
elect judge to serve during good behavior
or for Il long term of years would doubtless
he great Improvement, and might relieve
the tendency 10 cater TO a class interest.
A. any ~atr the system could not be more