The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1900-01-12
Remedy Approved by the State Bar
Association at Its Recent An
nual Meeting.
EARLY TRIAL IN CASES OF CAPITAL 0FFERSE
Remove the Sheriff Who Permits = Pris-
oner to He Put to Death and Make
County Liable to Nearest of Kin OF
Victim iu the Sum of Five Thousand
Doilars-Other Needed Reforms.

The report of the committee on
law and law reform adopted by the
State Bar Association, in annual ses-
sio at Little Rock last week, con-
tains some wholesome recommends
tions that should be duly considered
| by the next general assembly. The
report says:
"One 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 and 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.
I'VE would recommend that stat
utes be enacted, providing that in ev-
cry instance where person in legal
custody is injured or put to death by
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.
he enactment of such a 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
proper discharge of their duty.
SIN this connection, we suggest, il
addition to the penalty prescribed
against the sheriff, the imposition o.
a liability on the county in which {
lynching is perpetrated, to pay $1,000
to the widow and children, or if ther,
be none such, to the next of kin, o.
any person who is put to death
by a mob.
''Such law would create an inter
est among the responsible taxpayins
classes in the repression of mob vic
lence, and the fact of the counties be
ing liable to compensate the famil,
of the victim of their rage woult
have a deterrent effect upon th
mob, and if there was prospect of
speedy judicial trial and punishment
for the otfense, would incline them t,
rely upon that method of punish
ment.
"Our criminal laws should b.
amended so as to require the speed,
and final disposition of all cases o
capital offenses by mandatory provis
ions requiring the circuit courts t.
dispose of them without delay; an,
when delay is necessary for the pro
duction of evidence on either side. re
quiring the trial to be fixed for tn
earliest day that will afford reasona
BILE opportunity for the production o
the evidence, with ample power il
the courts to regulate the scope o
the evidence and the number of wit
nesses, so as to prevent the unneces
sary accumulation of evidence, and t.
adjourn the court from time to tim
as may be necessary to secure al
early trial; and, where a change o
venue is granted, requiring the rec
ord to be certified and the court t
which the case is removed forthwith
to take steps for speedy trial of tn
case, under the same rules and regu
lations as are prescribed for the con
duct of the case in the court in whicl
it originated; also making it the dut.
of the sheriff, or, if he is absent o
unable for any reason to act, tn
circuit clerk, to notify the chief jus
tice of the supreme court, when
capital offense has been committed i
his county, and requiring the chic
justice, upon receiving such notice,
in his judgment the fact are such a
to require a speedy trial of the case
to direct the judge of the circuit il
which the crime was committed, o
, if for any reason he shall be unabl
to act, then to designate the judg
or another circuit to convene spe
cial session of the circuit court o
the county and empanel a gram
jury, and if an indictment is founc
to proceed to the trial of the cas-
with as little delay as possible, cor
sistent with the rights of the partie
to produce their evidence. Where a
appeal is taken to the supre- cour
it should be made mandatory on tina