The San Francisco call., 1899-08-30

murderers which has crowded our ails with that class
of aw-breakers who, by the mistaken mercy OF the
law survive their victims for years and in high per-
centage OF cases escape punishment altogether 1t IS
possible now to get judicial inquiry running back
to the remote ancestry of murderer to hnd an
hereditary tendency to sporadic insanity In cases. by
no few, this search for purely imaginary faint
involves the long delay necessary to climb the family
in other countries, to find some gibbering and
tongue chewing relative who is supposed TO have
transmitted, from epilepsy cretinism or atrophy OF
the thyroid gland, homcidal tendency a third or
fourth generation. Other means OF delay fur
nshed by the modern practices OF the bar. Under
duality of government the radx OF certain rights
being in the Federal constitution the habit OF gong
the Supreme Court OF the United States upon some
constitutional question has more recently become the
means of evading justice to the sayers OF men. 1t
may be said for the great body of the bar that these
devices most generally resorted to by minor prac-
titioners, who apt to a celebrated murder
case that stays long in the newspapers means OF
sef-advertsing To deal with such parasites OF the
profession is the duty OF bar associations, and the
inspiration may we'll come from the National Asso-
citation.
Mob violence is the odum of the United States.
In Europe its frequency and its horrible details have
given rise to a popular belief that do not live
under a government OF law. Our large and Ola
cities have not been exempt from it. few years
ago the Jail and courthouse in Cincinnati nearly
wrecked by a mob which desired to clean out muir
derers' row. filled with slayers who were mocklng
at the galows. The lynchng OF the Italians in New
Orleans, and OF negro in Washington City, add to
the impression that there is no law The Federal
Government has paid half million OF dollars in the
last ten years to other Governments indemnity for
the murder OF their subjects by American mobs
Lynching has its origin in disrespect for the law
Wherein those who administer the law responsible
for this disrespect there must be reform The next
step must be the prompt punishment OF the mobs
which break the law by substituting their acts for the
action of the courts.
These are subjects that should enlist the immediate
attention of the bar in its national State and local
organizations Members of the judiciary feel keenly
the position in which they are placed, and will hail
the reform which will permit prompt judicial final
ity, Beyond which there is appeal nor oppor-
tunity for delay in the enforcement of judgment. OF
course the law intends that trial for his life
must have ample opportunity for defense. Anything
less than this would be inhuman He is arragned
with the legal presumption OF innocence, and his
guilt must be proved But this need not require
years to do. His opportunity is ample between COM
nitnent and preliminary examination and the deci
sion Of the trial jury. When the case has been
viewed on one appeal to the OF last resort his
opportunity has been ample, and the rights OF So
ciety are entitled to enforcement.