New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-13
BTSCHOFF ON MOB RULE.
Justice Makes Plea for Less Croscd-
cd Courts.

The monthly meeting Of the Phi Delta Fhi
legal frterrlity Of New-York City was held at the
Hotel Marlborough last night. The club is com
posed of lawyers. and the president is Charles
Thaddeus Terry. In introducing the speaker
Of the evening. Supreme Court Justice Bischof.
Mr. Terry said that the club considered 1t a
great honor to have with it a member Of the
judiciary whom both parties had honored with
a denomination TO the bench.
Justice Bischoff took for his subject. The
People OF the United States Against the Spirit
az Mob Rule"
The speech had the form of a legal statement
and under Statement Of Facts the ;ustice
pictured lynching. He added.
This scene has been duplicated in the South. in
and under such variety Of circumstance that the
NoIlq Is ashasl az we sleC'aCie a,o ne l az
charged with q wantOn and reckless disregard OF
5ect has become one Of vital interest requiring the
most careful and conservative action TO avoid con
56idi 'e ''SS'''''''S WHO" '''''''' ~
Points" are then taken up:
No one claims that the spirit which prompts the
busiet and The stake for any crime is JUSTIFIED ny
defendant that the delays in the administration
10 had TO mob violence to curtaf and subdue
the criminal class addicted TO the crime outlined
our criminal laws administered to-day are
The result OF The evolution OF centuries IN. dngy
from the time our early English ancestors
lndeTlain the law and lis administration has been
one Of protection TO the accused in order that his
as wen might be perfectly preserved. Better
that nnety-nlne guilty men escape tian that one
the sanction Of Holy Writ and Of our law from
SIS beginning Its golden thread can be traced
through the Whole warp OF our judicial history.
After discussing at length the safeguards
Thrown around an accused person in the or
derly administration Of the law. Justice Bischoff
says:
Now, II IS this orderly procedure in the admin
istraton OF justice that is criticised by the mob
may be epitomized IN the statement, the law ;
eeiley' as y ne Poey pohte should; because OF, or
enforcement thereof from it's regularly ordained Of
bridie6 mob This nlea IS unstable fancifuI and
has no real substantial foundation It is the might
Of turbulence. II is The ancestral instinct OF re
prisal crying out from the frenzy OF passion. L
is irrational and not the result Of delfberaton or
consideration. II rcvorses the Judgment OF cen
turtles in the frantic impulse Of The moment, and in
looking backward into the dark Of harbarism for
light 10 illumine the civilization OF to-day. and
discovers but burned out fagot.
a. is true that there is more or less delay In the
crasjinate. 50 that the time elapsing between a
crime and Us punishment seems at times needless
or Its administration. much as Il is the result
OF conditions which surround the gradual evolution
alone n this respect Seventy thousand children
greater Nev-York this fail for admission were
turned Tor want OF faciltcS or put on hali
time attendance. Should say. therefore. that
the school system Is wrong and should be elm
mated and the puDc should wrest buildings from
owners there and open them for scholars rather
than await tle orderly preparation BY the city for
such purpose.
chief justification urged in favor OF mob rule in
cases OF crime such have been considering
IS the laws delay. and il may be OF place
point out I'm measure some elements which
may at least aid in solving this problem. That at
times longer period than Il Justified by conditions
elapses between the commission OF a crime and ats
punishment cannot be doubted Indeed. 81 may
well be conceded that the delay IN the admnistra-
ton Of the law is Drejudcial not only in cases 81
criminal Jurisprudence. but civil Jurisprudence as
we'll. Justice delayed is redress denied.
This has resulted from the fact that legislation,
constitutional otherwise has not anticipated the
Demands to he made upon the courts sufficiently q
afford expeditions trial in all II is not
question or character. capacity or diligence Of the
5Gd-iarv. but IN IS a question Of time 20 perform
judicial duties with expedition II would be much
better that judges be times idle than that
2 sutton should have Injustice meted out TO him
by DELAY. II is this which throws the adminstra-
tion OF law into disrepute