The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-20

DUTY OF THE SHERIFF..
If He Permits a Lynching Office
Becomes Vacant.
May Force Bystanders to Heir
Him.

Bale Waggener's Iynching bill has
been recommended for passage in the
house. and if it becomes a law it may
have a great tendency to discourage
mob violence. It will also stiffen the
backbones of sheriffs in standing off
mobs, because it provides that a sheriff
Immediately forfeits his office If a pris-
oner is taken from him by a mob. It
allows him to go before the governor.
however, with a petition for reinstate-
ment. and if he can make the proper
showing the governor may reinstatc
him. In the meantime the coroner IS
sheriff.
The bill provides that any person who
participates in a lynehing may be pun
ished by death or imprisonment for life,
and anyone who is present at a lynch
ing in the mob which does the deed.
but does not himself help in it, shall be
punished by Imprisonment for from two
to twenty-one years.
The bill was recommended for passage
practically without debate The text OF
its principal sections are as follows:
Section 1. That any collection of in
dividuals assembled for any unlawful
purpose, intending to injure any person
by violence and without authority of
law, SHALL for the purpose of this act.
be regarded as a mob: and any act OF
violence exercised by such mob upon
the body of any person shall constitute
the crime of 'lynching.' when such act
or acts of violence result in death: and
any person who actively participates in
or actively aids or abets such lynchine
upon conviction thereof shall suffer
death or be imprisoned in the state
prison during life, III the discretion Of
the jury and any person who, being q
member of any such mob and present al
any such lynehing, shall not actively
participate IN the lynching. shall be
guilty of abetting such lynching, and
upon conviction thereof shall be inn
prlsoned in the states prison not less
than two nor more than twenty-ons
years.
Sec. 2. Every person who shall. after
rhe commission of the crime of lynch
ing, harbor, conceal or assist any mem
Der Of such mob who participates in or
VINO AIDS or abets such crime, with the
intent that he shall escape detention. /
arrest capture, or punishment shall be
deemed to be and shall be an accessory
after the fact, and may be charged,
tried and convicted and punished,
though such member be neither charged.
tried, nor convicted, and upon eonvic-
ton thereof shall be Imprisoned in the
state prison not more than twenty-one
years nor less than two years.
Sec. 5. If any person shall be taken
from the hands of a sheriff or his dep
uty having such person in custody and
shall be lynched, it shall be evidence of
failure on the part of such sheriff to do
his duty. and his office shall thereby
and thereat Immediately be vacated,
and the coroner shall Immediately sue
ceed to and perform the duties of sheriff
until the successor of such sheriff shall
have been duly appointed. pursuant to
existing law providing for the filing
of vacancies IN such office, and such
sheriff shall not thereafter be eligible
to either election or reaprointment to
the office of sheriff, provided, however
that such former sheriff may within
ten days after such lynching occurs
file with the governor his petition for
reinSta tement to the office of sheriff
and shall give ten days notice of the
fling of such petition to the prosecut-
ing attorney of the county in which
such lynching occurred and also to the
attorney general If the governor, upon
hearing the evidence and argument. if
any. presented, shall find that such
sheriff has done all in his power to pro-
tect the life of such prisoner and per-
formed the duties required of him by
existing laws respecting the protection
Of prisoners, then such governor may
Feinstate such sheriff in his office and
shall issue to him a certificate of reni-
statement the same to be effective on
the day Of such order of reinstatement,
and the decision Of such governor shall
be final.
sec. 6. If at any time the sheriff has
reason to believe and does believe,
that any prisoner in his custody is in
7 danger of being lynched, it shall be
his duty to at once command all by
ISLANDERS. and all others with whom he
can directly communicate. to aid and
assist him in defense of such prisoner,
and to furnish such assistance with
such weapons of defense as shali be
necessary to protect such prisoner;
and if such weapons are not at hand,
/ It shall be the duty of such sheriff to
procure and furnish such weapons to
such assistants. And if any such by
I stander or other persons so communi-
4 Gated with shall fail or refuse to assist
such sheriff in defending, to the utmost
/ of his powers. such prisoner, he shall
be guilty of a nisdemeanor and upon
/ conviction thereof shall be fined in
any sum not less than one hundred dol
+ lars nor more than one thousand dol
lars. and imprisonment in the county
+ iaii for a period not exceeding six
months: provided. that if at such time
it is compatible with the safety of the
prisoner. the sheriff shall Immediately
remove such prisoner to the state
prison or reformatory which may be
7z1.,..o55 most .arraSSihia -