The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-28
PROVOKED MANY SPEECHES
MEMBERS YIELD FLOOR TO MR.
NOEL, CHAMPION OF THE BILL.
Mileage Measure Amended So as to
Grant Actual Expenses Only
House Routine.

prepared by Attorney General Taylor, and
which was approved by Governor Mount.
The bill was for the suppression of mob
violence defined the crime of lynching and
provided penalty for it, 1t defined mob
as amy collection of individuals assembled
for any unlawful purpose intending to in
jure any person by violence and without au-
thority of law
The definition of lynching is: Any act of
violence exercised by such mob upon the
body of any person which shall cause the
death of such person shall constitute the
crime of 'lynchng, and any person who
participates in, OF aids, or abets such lynch
ing, upon conviction thereof shall suffer
death or be imprisoned in the State Prison
during life, in the discretion of the jury
: The second section provided that any per-
son who shall after the commission of the
crime of lvnching, harbor, conceal or assist
any member of mob who participates in
or aids or abets such a crime, with the in
tention that he shall escape detention, ar
rest, capture or punishment, shall be deemed
to be and shall be an accessory after the
fact. and may be charged, tried and convict
ed and punished. though such member be
neither charged, tried nor convicted, and
upon conviction shall be subject to imprison-
twenty-one years"
Section provided that ANY person ac-
cused OF the crime of lynching or of being
an accessory may be prosecuted either by
indictment or upon information based on the
affidavit of some competent and reputable
person. The widow or children of person
killed by mob, by either direct lynching
or in an attempt to lynch another person,
shall no pOffifIpd 10 & from
county in which the lynchng occurs as
penalty for the unlawful killing The bill
continued as follows THE action for the
recovery of this amount may be begun in
any court of general Jurisdiction in the
county where the lynching occurred, at any
time within two years of the time of the
lynching The county in which any lynch
ing occurs shall have a right of action to
recover the amount of any judgment with
costs. rendered against it, in favor of the
personal representative of any person
lynched by a mob, against any of the per-
sons composing the mob. In case a mob
shall carry a person into another county
and there lynch him, or shall come from an
other county and lynch a person brought
from such county for safe keeping the
county in which the lynchng was commit
ted may recover from the county from which
the mob came. a penalty, a sum equal to
the amount of the original judgment and
costs, unless there was contributory negli-
gence the part of the officials of the
county in which the lyncting occurred in
failing to protect the person so lynched
I'm case any persons shall come together
in any county for the purpose of proceeding
to another county with the view OF lynching
any person, or in case any person or per-
& q nInlC or
weapon or other instrument in one county
for the purpose of being used in lynching
any person in another county, such crime of
Iynchlng, II committed, shall be and con-
stitute a continuous offense from the time
of its original inception, and the courts of
any county in which any such overt act has
been committed shall have jurisdiction over
the person of any member of The mob COM
hitting the overt act. and such person may
be prosecuted in such county and punished
for murder the same as If the lynching had
occurred therein. If any person shall be
taken from the hands of the officer or officers
having such person in custody and shall be
lynched, it shall be prima facie evidence of
failure on the part of such officer or officers
10 do their duty, and 1t shall thereupon be
the duty of the prosecuting attorney and
attorney general to at once institute inn
parchment proceedings against such officer
or officers pursuant to the laws in force
concerning impeachment of officers
TWO REPORTS RECEIVED.
The judiciary committee made two re-
pOIlS Oh lHe Dlll. Inc majority report,
signed by Roose, Hail. Altman, Bonham,
Brown, Wise, Clements and Canada rec
commended indefinite postponement The
minority report, signed by kirkpatrick and
Noel, recommended the passage of the bill.
The reports were made on Wednesday, but
were not acted upon and the House ordered
the bill printed and set it as a special order
for yesterday afternoon.
rtbo int. 10 hill
first recognized He said that lynch law is
sometimes eXpedient but is never JustlhaDle.
IT the lynchings in Ripley ana Brown coun-
ties were all that had been IN the state, no
legislation would now be necessary, but with
these examples as guides, the people OF
Indiana have recently seen a man VINO was
in the hands of the law who was ON his
way to a speedy trial. who had no defense
to make taken from the custody of the Off
GERS and lynched. Opinions may differ,
said Mr. Noel ''as to the Ripley and Brown
county lynchings, but there can be but one
opinion OF the last lynching and that is that
il was unjustfiable, and hence there must
be legislation on the. subject. Indiana must
go on record and must teach the people that
the law is greater than the people. No man
in the House dares to justify lynch law.
Mr. Noel admitted that the present measure
might not suit the views of all the men,
hers but the minority report should be
adopted, he said, in order that the bill might
pass to it's second reading and then be
amended as the members saw ut. Under the
present law it Is impossible to prevent or
attempts have demonstrated.
Mr.. Noel then reviewed the bill. He took
up the point that prosecutions may be made
on informa ton. 1t is impossible now to
prosecute on indictments, he declared be-
cause no grand jury can be secured which
will return an indictment as the members
may have been in the mob themselves. He
devoted some time TO the section making
the county responsible. when Mr.. James OBJ
jected Mr.. Noel had by expressed consent,
been permitted to run over The five minutes
allowed TO him and after he had spoken
ten minutes Mr.. James protested Mr. Ho-
comb was recognized and at Once gave his
five minutes TO Mr.. Noel.
THE question as 10 whether or not dam
ages can be assessed against the county,,
resumed Mr.. Noel. lis a close one. On
count of this question as TO the constitu-
tionality of a measure framed TO recover
damages. this bill is framed so that the
money shall be recovered as a penalty
against the county and so the constitution
atty of the bill is unquestioned." Mr.. Noel
occupied the five minutes given him in
discussion of the cOnstituuOnality of the
law and when the Speakers gaVel fell Mr..
Murphy, of Marion, recognized and ne
man. Mr.. Noel declared that the effect of a
law Of this kind in other States has been
salutary He then took up the section pro-
Viding that the sheriff or other officer shall
be removed from office and while discussing
this section, the speakers gaVel fell again.
Mr.. Hayes, of ST. Joseph, was recognized
and yielded his time TO Mr.. Noel, wac then
declared that something must be done
Law and order, civilization an. the safety
of our homes demand Il. said he. If INnch-
ings against our criminals are permitted
the next step Will be laHless gatherings for