New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-09
LYNCH LAW AND Lax LAW.

Lynching is an inexcusable abominatiOn. Let
us maintain that fundamental principle mex
orably. The act of lynching is in itself a mon
strous wrong. AS Justice Brewer has well said
it is murder; and murder Is a capital offence
to the law; to statute law and to the COM
mon law, as we'll as to the law of Sinai. In its
effect upon the community which does 1t or
condoneS It, il is if possible, still worse. 1t is
barbarzing, brutalizing and degrading These
things are to be said of it, no matter how
great may be the apparent provocation or how
sober and ordered may be the manner in which
the act is performed There have been some
cases recently in which the demand for lynch
ing apparently arose from absolute conviction
of the guilt of prisoners and of their deserts of
death under the law and from a strong and
general persuasion that through the thickness
of lawyers and the indulgence of the courts they
were likely if left TO the courts, TO escape pun
ishment for years, if not forever In such
case we must admit the provocatiOn to resort
to lynching is strong, and if the lynching be
performed soberly and without torture or other
manifestations of savagery it may seem to
some almost TO have the sanction of elemental
morals and of natural law. Nevertheless even
in such case we must regard ii as indefenS
ble and in some respects even more reprehen
sible than in cases marked with mad passion.
our criminal law is too often lax and inefficient;
or, if not the law, the practice and administra
ton of it. Our own city of NewYOrl1 has seen
some scandalous examples of such laXity. Muir
der trials have been made spectacular farceS
and advertising shows. The execution OF SEN
fences has been postponed in one way or an
other, for years until the crimes were forgotten
by the public, and the criminals, who were at
first objects of just detestatiOn, had become
objects OF sympathy. We have frequently and
unsparingly condemned such palterlng with
justice as calculated to defeat the ends Of jus
tice and TO bring the law itself into contempt
We believe We have hitherto said, that more
than one criminal has thus been embroidered to
commit murder. reckoning a gamblers chances
Of getting acquitted through some quasi legal
huggermuggery or through the wearing out of
Justices patience by nterminable delay. 1t
may now be added. with the indubitable cor
roboration of recent tragedies that such trifing
with the administration of justice is a power
full incentive to many i'll advised minds to re-
sort to those acts which some call rude JUS
tice." but which are none the less murder The
fact should be brought strongly home to every
judge on the bench and to every practitioner at
the bar that laxity on the part Of the one and
thickness on the part of the other forces
that make directly toward that mob law which
is the prelude to anarchy.
But if we must choose between the two? We
will not for a moment cOncede that such
choice is necessary. To do so would be to con
cede the failure of government. Lynching and
failures of justice not the sole alternatives
If they We're men might we'll choose the latter
rather than the former knowing that at worst
it would be only temporary. For repeated fail
ures of justice in the courts would inevitably
lead 10 a reorganization Of the courts on a basis
that would make such failures impossible:
and we unhesitatingly would hold il to be bet
ter that one or two guilty men should escape
and one or two lawyers and judges be discred
tied than that one innocent man should be done
to death at the hands of a mob and incompa-
rably better than that whole community
should be brutaliZed and degraded and taught
TO trample upon the law. Better let known
murderer loose than transform ii whole com
munity into murderers. But such choice is not
necessary. IL Il community will demand the
prompt orderly and unsparng administration
OF justice with a zeal comparable with that
with which some communities have been clam
oring for lynch law, it will get its desire. One
strong. upright judge the bench is a far
greater terror TO evdoers than dozen lynch
ing bees. Such judges can be had, il the peO-
pie will only seek them. The trouble is that
the people themselves are lax in their choice
conduct in lawyers, and then from such laxity
and because of it's natural results. they swing
madly to the opposite extreme OF lynch law.
Tie true relief is to be found in simple law,