Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1903-08-14
President Roosevelt on Mob Law.

President Roosevelt on Mob Law.
Writing simply as an American citi
zen, President Roosevelt has addressed
a. timely letter to Governor Durbin of
Indiana on the evils of lynch law The
sturdy, untiinching stand taken by Gov
ernor Durbin against the rule Of the
mob, and especially the severe repri-
mand administered by him to the sher-
iff of Evansville for weakly permitting
the mob to get the upper hand in the
recent riots at that place, has subject
ed the governor to more or less critic
ism from demagOgues. and it was alto
gether fitting that he should have all
the moral support that the chief mag
istrate of the nation could give. Ow~
ing to the constitutional limitations
upon his power, it is not possible for
the president to deal very effectively
with the machinery of the local laws,
and the enforcement of these laws must
be left, in the first instance, to the
governors of the several states. But
Mr.. Roosevelt recognized that it was
at least his right as a citizen TO make
a vigorous expression of his views. and
his letter to Governor Durbin will no
doubt have some weight in arousine
the American people to the dangers
which necessarily follow in the train
of mob law
a lf,,,a
Governor Durbin too highly when he
said:
Il feel, my dear sir. that you have
made all men your debtors who be-
ieve, as all far-seeing men must, that
the we'll being-indeed, the very exist
enee of the acknowledgements upon that
orderly liberty under the law which is
Incompatible with mob violence. as
with any form of despotism. OF course,
mob violence is simply one form of an
archy; and anarchy is now, as it al
ways will be, the handmaiden and fore
runner of tyranny. 1 feel that you
have not only reflected honor upon the
state which for its good fortune has
YOU as it's chief executive, but upon the
whole nation. 1t is incumbent upon
every man throughout this country not
only to mold up your hands in the
course you have been following, but to
show his realization that the matter
is one of vital concern to US all.
Mr.. Roosevelt points out that the
lynching of negroes for hideous crimes
has had its logical effect in lynchings
for smaller crimes, and even INSIDE
meanors; until, as statistics show, over
three-fourths of recent lynchings have
been for crimes other than assaults
upon women. The encouragement of
the mob spirit naturally leads the ig-
norant and the violent to take the law
into their own hands on the slightest
provocation. SO that in some sections of
the country the rule of the mob has
become the strongest law.
The president places his finger upon
a&vital weakness of our system of JUS
tice when he directs attention TO the
laws delay in furnishing crime as one
of the chief causes for the rapid multi
plication of lynchings.
Every effort should be made under
the law TO expedite the proceedings OF
Justice but it cannot be neces-
sary, in order to accomplish this. to
deprive any citizen of the Fundamental
rights to be heard in his own defense
which are so dear to US and which lie
at the root of our liberty. 1t certainly
ought to be possible by the proper adj
ministration of the laws to secure swift
vengeance upon the criminal, and the
immediate efforts of all legislators
judges and citizens should be addressed
TO securing such reforms in our legal
procedure as to leave no vestige of ex-
cuse FOR those misguided men who I'M
dertake to reap vengeance through vio-
lent methods"
Mr.. Roosevelt does not attempt tc
outline the reforms necessary in ouI
judicial procedure in order to make
convictions more speedy and certain
and it was not essential that he should
for every intelligent citizen has noteC
the unwise provisions which have be
come imbedded in the statutes of every
state and territory-laws which require
the trial judge to grant a continuance
upon grounds which do not appeal II
his sense of justice. and laws which
permit appeals to be taken upon trivia
pretexts after conviction. In addition
10 this is the growing tendency of tn,
court VI dpptdl III SOIlle Vi the SIdle
to sustain appeals and remand cases TO
new trials upon technicalities which ar,
exasperating in their fine-spun trivial
ties.
In the matter of criminal assaults
however, the laws delay is not tn
chief excuse for lynching. Thousand
of good citizens hold that lynching il
the only adequate method of dealin,
with the crime, because of the brutalit,
of dragging women into court to testif.
against their assailants and to be sub
1ected to insulting cross examination
But it is quite practicable. neverthe
less, to follow the presidents suggestion
and reform the procedure. The stat
utes should be amended so that in a
cases the written deposition of the com
planning witness would be competent il