New-York tribune., 1903-08-16
MUST CRUSH MOB LAW.
JUDGE WOODWARD'S VIEW
Discussion at Chautauqua-Lynch-
ing and Rights of Labor,

town, n Y, justice Of the Second Department OF
the Supreme Court Of New-York.
Justice Woodward said in part:
Each Of US upon entering the body polite takes
n The right 70 life, liberty and the pursuit SUI 10 o.
negh5ors neghbor that in consideration Of his aid
ard assistance n protecting our tights aganSt c7s
under laws which shall be equal in their scope ana
Tbs covenant both in letter and in spirit, when
ever we permit an individual no matter hqw az bs
deprived Of his rights without that due process o.
this republic The moment we admit the right Of
MOB q administer punishment or TO aoJuS5 oncede
the failure Of government by law; we acknoWIeoge
have Started upon the highway which has led othero
oas do2 to bS t eTea mutual I cove
nant is broken. when the parties to this hlgh con,
The erhe o Of TAXING the fe the liberty or the prop
erty of fellow covenanter without f S ri'rV
for which We enter into a state of society. and the
% s 1q m dStaft Ss wdsn nsn he q e9& & any viii wei
come q government which. while giving less hpeIty'
There crimes reyOlting that there can snd be
skes I'i4i hsh Degree civic Virtue e resist and
condemn the assertion 9t me oo fIG fbinly CLOSED
over b. the ages Of civilized society through which
@ @ AZ q 5 p4esenf eafe heeh eai asiBu Bgt @ Hight
cone tne test 81 % popItaT man m his right to trial
by jury; be able to perform the corenahis
q faIIlre When we cannot insure to the meanest
wretch who walks the earth the proteetlon on lne
the language Of Lord Chatham. in his speech on the
address 10 the throne. 'where ID" eN0'' '''''-''
PEOPLE TOO CARELESS.
That lyncing is not e9nfned to b th0se exe9t at
,irnes rre Of parsiyzing our moral and civic con-
sciences and that the tenqency TO ID" recent dis
se1fin opinion OF the chief justice of North Caro-
s.lbversVe Of good government than lynching yet
men have been executed IN IaSs tIS i IN nv
in fba last
iswfnl process. a and some years twice many
The issf message Of the Governor OF the state
reports eight executed & by nSh % veTe aw ynched M for
rape aad in the same period pei efl only nVe were ext
During the same period Of fourteen geaiTs geait3
marked by ths lawessness me saie bas increased
fsrofold- nausaUghter fourfOld ana other crimes
about F g per fre cent prp0se OF saey
and welfare OF society, is not promoted by thlS
Te Truth sand We are making Pr progress gre whsa
of our e5s5c S s9roTze 1gr5 support End encourage
teeIn- We pa move common even
aione ot newspapers which class themselves as con
than If = yBc6ihsE 9f Ne ind these Same
gurng on n G3yS IN the tsi Of Of this or that
criminal And the work is approved or alsappToTe9d
with reference the fact that the mQrdereG & Wqs
mines the speed delay in the administration OF
As q; matter of fact, there is no connection be.
the delays and the question Of the wealth OF
a
who IS put on trial for capital offence is put in
command q the resources Of the STATE II he a9es @
lie aid Of the strongest counsel the locality Of
The crime The laws delay 50 much prated ABOUT
se ar the sd daFocger to ybe naoessiteS nfas ies
q the practical administration Of the laws II a
jurisdiction which presumes innocence untll sult Is
FAsTY CONVICTIONS.
sPssa f. dsss u with dsPa5 eTme fPd !. to s a4
= eoncessen 70 the spirit Of sayagery which sur
s,ithn The power Of the men who make up and
luppert. relatively or positively, the mobs which
ssua-rry provide rhe machinery by which men
saTged h rnes may nay i be Psiro5def pa to thgiF fTG
rules q EVIDENCE ana the methods Of procedure
sieted ana punished with neatness and dispatch.
s.e ne p.sLd-ts oL G3mP15lty T51eh s'4G II i
rapid: but Il may be doubtsd If the eXpeoient
Modern scholarship is agreed that in the great
tragedy ef the Cross the Saviour OF mankind was
given all Of the benefits Of the rules Of Jewish law.
out he could not ts protected from The trial by
nne and e'y tae al1b spirit I9s I-ej19ices OF the
beeanss modern iarssprIdence has improved upon
the methods OF those times and given ths prisoner
of the fsrhess end legally Of his trial that the
injustice ane tne wrong OF that conviction are no
The technical rules which are made use Of by
rules which guarantee to the innocent the reserva-
non Of their rights. even in the face Of popular
Eases in the city of New-York during the last few
once Of prosecuting attorney and usurped the
Convictions under such circumstances have al
nest invariably been reversed in the appellate
courts because the courts have erred in permit
ting prejuAcal and incompetent evidence to be
hes ne = T ~ sel "a -
many of the courts notably in the cases of People
c M jas0s e Gaof has d Down he grea at
PRINCIPLES OF the Law that they Will stand
n is 5oarpey e complete liberty under the law
EMPLOYER AND EMPLoYE.
Coming e the subject of the individuals right to
rrotectlon in his pursuit of happiness. or in
pect 10 property Justice Woodward said:
The night Of any man 10 pursue any lawful bust
diminished by the fact that he becomes a member
q manufacturers association. labor organiza-
CT or any other voluntary society. The manu-
actureT. whether be be individual a corpora
ION, hes a right 70 conduct his business.
fol his pTnDerty IN any manner not inconsistent
e II 9 beB % M 5 o9 ShSr oboo he 5s has gghi to
rs otsE ernPoyes for any neglect in the choice
= competent te'oVE laborers. and society him
tas doty ana ihgsuon OF protecting him in this
Fght against all unlawful efforts al coercion.
On the other hand. the laborer, whether he be-
Ll.-ss to NJ orEanlzaLon or IS but an humble
eoyenantes IN the great system, has the absolute
ne pleAses. ana ehe rlgnt 10 contract carries win
81 the right TO determine the Of compensation
and ali OF the terms and conditions OF the employ
nienr except such IS may be regulated under the
police powers OF The State. and which enter OF
thess being the rights which we have mutiiaiIv
ccyenanted protect it is the duty State to
either BY individuals organized bodies Of in
clyiduals under any pre- ext whatever.
tract FOR bis services but Se has I7E5t 70 de-
rermine whether ne VIII sell his services 10 any
right in the absence Of contract 70 the con-
tiary. 10 caprioiously refuse 70 work for any one
ID persuade his fellow laborers to refuse 10 Work
sxSbgen person or eoTP9Iaqon and the right