The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-27
AFTER THE KANSAS LAW
The ACKNOWLEDGEMENTS Is PRE-
PARISG ANTI-LYNCHING BILL.
Cities or Counties to BE Held RespOn-
sibIe-Victim's Character Not
Considered.

Governor Mount and Attorney General
Taylor were comforting yesterday over the
character of the bill, which, if passed by the
Legislature, is expected to make lynehings
unpopular in Indiana. 1t has been shown
to the above officials that mobs composed
wholly of the lower element of society lack
the moral courage to perpetrate such out
RACES, and to take human life must be led
by men Of superior courage and position.
In all cases where the identity of peTpe-
traitors of lynchings has become known It
has been found that there were always some
of the most prominent people of the neigh
borhood in the party, and that the others
who followed in their wake did so, con-
scious of the fact that the influence of the
leaders would be sufficient to secure inn
munity from prosecution for the act. In
many cases sheriffs, knowing who the lead
ers in the mobs were, felt that it would be
as much as their political career was worth
to oppose them, and offered but a show of
resistance. The state officials also feel that
were a law passed which would make it
possible to recover for lives and property
lost as a result of mob disorders, the pres
ent leaders in such affairs would feel that
their interests as taxpayers would be found
on the side of law and order, as the pay
ment OF any large judgments would directly
increase the amount of their taxes.
Both the Governor and attorney general
agree that too stringent a law cannot be
passed, governing the liability of counties
for all results of such acts of lawlessness
committed within their borders.
For the purpose of framing statute
which will be constitutional and effective,
the attorney general has been busy look
ing up the laws of other States touching on
this question. He has found that there are
several States that have laws defining the
right of individuals or corporations to bring
suit against counties in which the plaintiffs
have lost property through mobs There
are, however only two States in which
statutes have been passed providing for the
recovery of indemnities for the loss of life
or injuries to the persons of individuals
through mob violence. These are Ohio and
Kansas. Tie latter States law is, in many
respects, the better of the two, although, as
a whole, it lacks features which would make
it effective, were they Incorporated in 1T.
The Ohio statute is voluminous, but has
proved to be effective. 1t fixes a scale of
damages up to 5000 for total disability or
death, which sufferers from mob law can
recover from the counties or cities in which
the OuIfageS occur. me spirit or DOtn laws
is to make cities primarily responsible for
lynchtngs, If they occur within the limits
of the corporations. In case lynchings oc-
cur outside the city limits, the liability falls
upon the county. The Kansas law, however,
has the virtue of breyity. 1t does not fix
any sums as indemnity for injuries or death
from mobs, but allows the juries to fix the
sums according to their own judgment. The
one bad feature of the Kansas law is that
the proviso is incorporated in 1t requiring
that, in estimating the amount OF damages
the plaintiffs are entitled to, the character
of the injured parties and the circumstances
of the mob violence must be taken into
consideration. This provision virtually multi
feS the working of the law, as in many
cases verdicts for death and permanent dis
ability have been given for as low as 81.
With this provision eliminated, the Kansas
law appeals more strongly to the state Off
Gals than the Ohio law. AS it is designed
that the law is to be passed for its moral
effect, in preventing and not avenging
lynchings, it has been agreed that the Indi-
ana law must state specifically that, under
no circumstances, must the character of the
man killed or injured be taken into consid-
Grafton. 1t is felt that the act of lynching is
none the less an act of reproach to the State
and an insult to its courts. if perpetrated on
the meanest scoundrel than If involving the
life of a countys most respected citizen,
and that to put a stop to lynchings, which
is the fundamental purpose of the bill, the
question of a mans worth as a citizen must
have no weight in determining the amount
of damages he or his heirs are entitled to.
Neither is it considered advisable to fix a
minimum for such damages, as the courts
have held such legislation to be unconstitu-
tional: It Is thought that for all purposes
to satisfy public safety, maximum of
5000 would be adequate in any case and it
is probable that the new Indiana bill will
fore, the bill will cover the following points:
That all cities will be held liable for all law
lessness within their limits, and, when
committed outside of cities, the county must
pay the BILL and the bad character of the
person killed or MANNED, or the enormity of
his offense must have no weight in deter
covered from the city or county in which
the outrage is committed.
Governor Mount and Attorney General
Taylor will confer together to-day over the
provisions Of the new bill and it is probable,
as the Kansas bill is not over three hum
dred words in length and will require only
the insertion of the word mot in the por-
ton which relates to the character of the
injured person being taken into considera-
ton in awarding damages, that the Indiana
h"' viii be ready for the Legislature this
week.