The Van Buren press., 1900-01-13
|O prevent LYNCH|NGS.
Remedy Approved by the State Bar
Association at Its Recent An
nual Meeting.
EARLY TRIAL IN CASES OF CAPITAL OffEASe
Remove the Sheriff Who Permits q Prs-
oner to BE Put to Death and MAKE
County Liable to Nearest OF Ain OF
Victim in the Sum of Five Thousand
Dollars -Oiher Needed Reforms.

The report of the committee on
law and law reform adopted by the
State Bar Association, in annual ses-
sion at Little Rock last week, con
tains some wholesome recommenda-
tions that should be duly considered
by the next general assembly. The
report says:
zone of the evils of the day, which
has grown of late years until it has
assumed alarming proportions, is the
crime of lynching The resort to
mob violence has become so common
that it is beginning to be regarded as
an unavoidable evil. 1t acts in con
tempt of all law and authority
and represents anarchy in its last
and worst phase. Experience in all
parts of the country points TO the
fact that mob law cannot be repress-
ed by the imposition of penalties
against the individual participants
and the only way to reacn ana re-
press it would seem to be the impo-
sition by law of such responsibilities
upon the officers chargeable with
the enforcement of the law and the
protection of the lives and liberty OF
the citizens as will make it to their
interest to discharge their duties
more faithfully than is usual,
"We would recommend that stat
utes be enacted, providing that in ev.
cry instance where person in legal
custody is injured or put TO death py
a mob, the sheriff, who is the principal
peace officer of the county, shall
forthwith forfeit his office and shall
be ineligible to reappointment or re-
election for the same term.
a. he enactment of such statute
would create an interest in county
officials which would make them very
active and earnest in the discharge OF
their duties in such contingencies,
and their friends and supporters
would rally to and aid them in the
rrcrer discharge Of their duty
'In this connection, we suggest, in
addition to the penalty prescribed
against the sheriff, the imposition Of
a liability on the county in which a
lynching is perpetrated, to pay $4,000
to the widow and children, or If there
be none such, to the next of kin, Of
any person who is put to death
by a mob.
"Such law would create an inter
est among the responsible taxpaying
classes in the repression of mob vio-
lence, and the fact of the counties be-
ing liable to compensate the family
of the victim of their rage would
have deterrent effect upon the
mob, and If there was prospect of u
speedy judicial trial and punishment
for the otlense. would incline them to
rely upon that method of punish
ment.
sour criminal laws should be
so as to require the speedy
and final disposition of all cases of
capital ofyenses by mandatory provis-
ions requiring the circuit courts to
dispose of them without delay; and
when delay is necessary for the pro-
duction of evidence on either side, re-
quiring the trial to be fixed for the
earliest day that will afford reasona-
BILE opportunity for the production of
the evidence, with ample power in
the courts to regulate the scope of
the evidence and the number of wit
ncsses, so as to prevent the unncces-
sary accumulation OF evidence, and to
djourn the court from time to time
as may be necessary TO secure an
early trial; and, where change of
venue is granted, requiring the rec
ord TO be certified and the court 10
which the case is removed forthwith
to take steps for speedy trial of the
case, under the same rules and regu'
lations as are prescribed for the con
duet OF the case in the court in which
II originutcd also making it the duty
of the sheriff, or, II he Is absent oi
unable for any reason to act, the
circuit clerk, to notify the chief jus
tice Of the supreme court, when ,
capital oiYense has been committed II
his county, and requiring the chic
Justice, upon receiving such notice, Il
in his Judgment the fact are such al
to require a speedy trial of the case
TO direct the Judge Of the circuit II
which the crime was committed, OF
lt for any reason he shall be unobl'
to net, then 20 designate the judge
or another circuit to convene u spc
cial session Of the circuit court o
the county and empanel u grant
Jury, and II an indictment Is found
TO proceed to the trial of the east
with as little delay us possible, con
sistcnt with the rights OF the pnrtie
TO produce their evidence, Where al
appeal Is taken TO the supreme cour
II should be made mandatory on tina
court W stt tnul 'iV l'Nbiu ~ WIN
fed into II, and that the cnse tnk,
precedence OF all other business AM
be disposed of ut the earliest prac
ticnl date, under regulations TO b.
prescribed by the court.
eve are aware that there are cx
listing statutes authorizing specia
and adjourned terms Of the circui
courts for the speedy trial Of crimi
nal cases, but the provisions Of th,
statute are vague and general Nn'
are not mandatory, and, judging
from. results, IL would seem that yer,
little attention has been paid {,
them.
"rhe law charges oil persons will
constructive notice OF the pcndcnc,
Of suits affecting the title to proper
ty without making any provision fo
OiYordlng u convenient and practlca
Bile method Of obtaining information
"rhe law should be changed 80 n
IN nrovtdp TINT no pprson snail Il,