The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-28


ton or pass laws which will be ineffec-
tual.
The democratic party owes 1t to the peo-
pie to live up to the pledges which 1t made
to induce them TO entrust IL with power,
or to come boldly TO the front and admit
that II willfuny and deliberately deceived
to secure votes, ANA is unworthy the con-
hdence of the people Your action is TO
determine whether or not this coudemna-.
ton can be ,truthfully uttered. To be
honest is as much the duty OF a political
party as an individual
Let the remedy which you apply be he
roic and severe.
THE REMEDY.
In murder cases the complaint is that
the cases can be too easily continued and
just-e unnecessarily delayed. l am not
an advocate of hasty trials, but of prompt
ones. No one should be rushed into
trial involving his life, when passion in
the county where trial is TO be had is at
white heat, ana fair trial impossible.
The law should In all eases permit the
court, on motion of the defendant, or on
its own motion, or on motion of state at
torney, to change the venue TO any coun-
ty in the state. In determining whether
or not to order a change of venue, the
judge should be authorized to exercise a
very broad discretion ana act upon all
knowledge that he might possess bearing
change of venue is necessary to secure
fair and impartial jury, he should or
der the change. and this decision
should not be reviewed by the supreme
court. The authority of the circuit judge
In such cases should be made plain and
ample, and all doubt removed as to power
OF the supreme court to review his decis-
ion.
This change in our law,1 believe, the first
step necessary to secure, In all cases,
prompt and fair trials.
In some instances II Is difficult to secure
trial on account of the laws regulating
the granting of contnuances.
This can be remedied by leaving TO the
trial judge the sole power TO pass upon
motions 10 continue, denying TO the SUI
preme court the power to grant new
trial on account of alleged error In so do
ing The circuit judge who knows the
parties, the case and it's history, and has
the witnesses on the question before him,
can better determine whether the motion
is made for delay only, and whether a
fair trial and a just verdict can be had
without further delay, than the supreme
court.
Every practitioner knows that the right
of continuance is the most abused of all
rights granted by the law in court pro-
cedure and in my opinion the circuit
judge win correct the abuse IL empowered
to do so.
The law, which gives the defendant more
peremptory strikes than the state, should
be so amended as to give each party the
same number. Under the existing law
power Is given the defendant to object
without cause TO so many Jurors that he
can In many cases, pack a jury in his
own interest
l have heretofore recommended to the
general assembly, and again urge upon
you, that the law be so amended as to pun
4-E .,It 4,,t1 u.
unless the punishment be reduced upon the
recommendation of the jury trying the
case, just as It may be done now when
the charge is rape.
Those who commit these offenses deserve
to be punished under the same law.
II has been insisted by some that the way
to stop lynching Is to provide for the
prompt punishment of all who commit
the crimes which provoke It.
Neither the laws delay nor the failure
of justice can be given as an excuse for
lynchings in rape cases.
In dealing with the offense of rape in
our courts, there has been for the guilty
no delay and no escape. Courts are
promptly called, trials had and justice
quickly administered. In such cases the
men whose names are in the jury boxes
in Georgia can be relied upon to convict
The evil will exist for a long time, IL
not disturbed, until public opinion is edu-
is sufficiently intense and unanimous to
make it impossible.
II Is therefore necessary that without
waiting for this slow process, the ma
jority representing law, order, justice and
civilization pass such legislation as will
repress the lawless element and secure
the reign of law. The certainty of prompt
trials alone will not end lynchings. The
delays Of the law is q, favorite excuse. but
is not the real reason for it's existence.
Other legislation is needed to aid in check
ing it.
The arresting officer is now clothed with
authority to take the life of the assail-
ants when resisting their efforts to
take prisoner from his Gus
tody and IL Is his duty to
take life if necessary to protect the prison
er and retain him in custody. This he
should be required to do at the hazard Of
his own life, or the prisoner should be
unshackled armed and given an oppor-
tunty to defend himself The knowledge
on the part of the mob that this would be
done would deter 1t from pursuing It's law
less purpose, and the law would be per-
mitted to protect the innocent and punish
the guilty.
That II may be ascertained whether or
not the officer having the prisoner In Gus
tody does his full duty In every instance,
/ recommend the passage of a law requir-
ing thorough investigation In every case
and providing adequate punishment when
he falls short of the full measure of his
duty in protecting his prisoner. When this
is done he should be ineligible to cleo
tion or appointment to any Office until his
disabilities are removed by the general
assembly. The administrator or family
of a party taken from the custody of an
officer and killed, should be authorized to
recover from the county the full value Of
his life, which, in no case, should be less
than one thousand dollars. This provision
will not only by appealing to self inter-
ests, make the stronger influences in each
community active in opposition to lynch
ings, but upon principle, Is but doing JUS
tice to the family OF the victim. When
the state takes charge of a prisoner, it Is
It's duty to protect him against all dam
ger save the penalty of the law Indicted for
the crime with which he Is charge0' and for
failure to do so, II is just for damages to
be paid. It cannot be seriously contend
ed that the state has a right to disarm
a citizen charged with crime, render him
powerless to protect himself, and then sur
render him to those who seek his life In
violation of law, without Justly mourning
the obligation to pay damages therefor.
do not ask that you restrict yourselves