The age-herald., 1900-07-26
ROOT OF LYNCHING
 EVIL NOT REACHED
nm the Huntsville Mercury.

From the Huntsville Mercury.
 At the Montgomery conference the Hon. Alexander c. King of Georgia and the Hon.
 J. C. Breckenridge of Arkansas delivered
 earnest and able addresses in regard to
 lynching for this heinous crime, and the
 defects in the administration of the law
 which lead to the exercise of retributive
 justice, outside of law.
 MT. King attributes these lawiess pro-
 ceedings to the unnecessary delays and dis
 traoting uncertainties of the administra-
 ton of the law and suggested, as remedy,
 that the judge having jurisdiction be em-
 powered of his own motion or on notice
 from the Governor of the State, to call
 special terms to indict and try offenders
 promptly; or, if the court Is sitting in an-
 other neighboring county, to try the case
 forthwith at that point. at the discretion
 of the judge; but that the trial within
 limited number of days be made manda-
 tory. And, if the judge be absent or sick,
 the Governor be required to appoint an- other to perform such duties- And that the
 judge assign counsel, if none be employed
 by the accused. And that to prevent fur ther delay, if it be desired by the counsel, on account of public excitement, to ask for a change of venue or a continuance, appli- cation shall be made in the first instance to the appellate court if it be in session, and otherwise, if not made then, the de- cision of the lower courts on such appica-
 tion be final. All other motions to continue the case to be addressed to the judge try ing the case and his decision not subject to appeal.
 In addition to these provisions for speedy justice, a penalty was proposed of $5,000 to be collected from the people of the county in the ordinary methods used for collecting State taxes. The sum to be added to the educational fund of the State. But the suggestions at the Montgomery conference did not reach the root of the evil and amounted only to tinkering with the subject
 The delays and uncertainty of conviction and of the execution of retributive justice
 in these cases, are brought about by law yers who, from motives of personal pride venality, defeat justice and betray the pub lie veal. To set forth the testimony and the law is the duty of lawyers to their clients. But when they pervert and mislead. know ingly, and their personal character and influence in defense of heinous crme their conduct is without the principle of right | and productive of grave injury to the pulp 1 lic
 The unprincipled course of members of the bar is supplemented by the weakness of a bench, whose members are dependent on frequent election and paid small salaries. their nominations and elections being large- ly controlled by the lawyers of their cir | cult.
 Where judges are made for life, subject to | impeachment, and are given salaries ade- quate to the high character, ability and | knowledge which these offices should re- l quire for their fulfllmeht, the bench is in- l dependent and cannot be influenced against l right and public veal. he guilty are con- | victed and sentenced; and the public are | not inclined to anticipate justice by lawless retribution. l Colonel T. c. Campbell is an example of the injury to community that an un- | principled lawyer may do; for his triumph | over justice caused the terrible riot at | Cincinnati some years ago.
 l AS an incentive to the lynching of yester- l day it is pertinent to mention the case of rape at Decatur several years ago when the
 parties were promptly tried by special | jury and convicted to be hanged, their | cases appealed on technicalities-none have yet been hanged and the sentence of one l has been commuted
 l Also the case of rape at Huntsville in
 1898 by Albert Thompson, the colored sol
 dier, whose case was finally compromised | by his acceptance of a sentence of ten
 years in the penitentiary. If guilty he
 should have been hanged, if innocent, un- | conditionally acquitted.
 | With these facts staring people in the | face, the course of the men who took | Elijah Clark out of jail and hung the self | confessed and proven ravisher is not sur | prising, though greatly to be deplored