New-York tribune., 1906-12-05

as it often is by a direct attack upon the judicial
beneS os an9 IL the iaW is but the
mon sense the protest OF many aNeiase ~ iet thomsb
based on the incest legal reasoning and profound
est learning The two important rs I 10 reach
a Just conclusion and courage to enforce II In SO
courage of judge. but only spurs him on ons'I3 to
search his conscience and to reach the reSml, ,nb
comment serves useful PURPOSE There are FL rev
sba3eT 3er wbe tey do not to and
the respect of ALL and who cannot be reaGnee oS
lie criticism In the case of judges having life
tenure. indeed their very independsncs makes ts
greater Importance. because it is the only prac, PR
free people to keep such judges alive to the rea-
sonable demands of those they serve A..
proper influence of judicial decisions by creating
uniounded preSdces against the eha m es
and answered Courts must ultimately rest their
ons they dever as the ground for their CON
cusions. and must trust to the calm ana aeo-
dication.
There is one consideration which should be
taken into account by the good people who carry
a sound proposition to an excess In ObJecttng to
any criticism of a judges decision. The instinct
of the American people as whole is sound IN
this matter. They Will not subscribe to the
doctrine that any public servant is to be above
all criticism. If the best citizens, those most
competent to express their Judgment In such
matters, and above all. those belonging to the
great and honorable profession of the bar, so
PROFOUNDLY influential IN American n1e. take tne
position that there shall be no criticism of a
judge under any circumstances, their view will
not be accepted by the American people as a
whole. In such event the people will turn TO.
and tend TO accept as justfable, the Incorporate
and improper criticism uttered by unworthy
agitators. Surely. it is misfortune to leave to
such critics a function, right in itself. which
they are certain to abuse Just and temperate
criticism when necessary is a safeguard against
the acceptance by the people as a whole OF that
Incorporate antagonism toward the Judiciary
which must be combated by every right think
i6aSn a
among the people large. would constitute
dire menace to the Republic
In connection with the delays of the law.
call your attention and the attention OF the ma
ton to the prevalence OF crime among US, and
above all to the epidemic of
Lynchng. lynching and mob violence
that springs up now in one
part Of our country, now in another Each sec
ton. North. South, East or West, has It's own
faults; section with wisdom spend lts
time jeering at the faults of another section; IL
should be busy trying to amend its own short
comings. To deal with the crime of corruption
it is necessary to have an awakened pub1c con-
science. and to supplement this by Whatever
legislation will add speed and certainty In the
execution Of the law When we deal with lynch
ing more is necessary. A great many white
men are lynched, but the crime is peculiarly ire
quent in respect to black men. The greatest en-
listing of lynchng is the perpetration. es-
pecially by black men. of the hideous crime of
rape-the most abominable in all the category
of crimes, even worse than murder. Mobs fire.
Quently aVenge the commission of this crime by
themselves torturing to death the man commit
ting IT; thus avenging in bestia fashion a besial
deed. and reducing themselves to level with
the criminal.
Lawlessness grows by what it feeds upon and
when mobs begin to lynch for rape they speed
lily extend the sphere of their operations and
lynch many other kinds OF crimes. that two
thirds of the lynchings are not for rape at all;
While considerable proportion of the indivii-
uals lynched are innocent Of all crime Governor
Gambler OF Georgia stated occasion some
years ago. II can say OF verify that / have
within the last month, saved the lives of half
WI hn war; nIrrSr ~
the mob, and brought them to trial in a court
of law in which they acquitted" AS
Bishop Galloway Of Mississippi. has finely said
Nhen tne rule or mob obtains. that which
distinguishes a high civilization is surrendered.
The mob which lynches a Negro charged with
rape will In little while lynch white man sus-
pected OF crime Every Christian patriot IN
America needs to lift up his voice In loud and
eternal protest against the mob spirit that is
threatening the integrity of this Republic" Gov
ernor Jelks of Alabama has recently spoken as
follows: The lynchng of any person for what
ever crime is fneXcusable anywhere-it is a de-
hance of orderly government but the killing of
innocent people under any provocatfOn IS inf
nltely more horrible; and yet innocent people
are likely TO die when mob's terrible lust is
once aroused. The lesson is this: No good citi-
zen can afford TO countenance defiance of the
statutes, no matter what the provocation The
innocent frequently suffer. and. It is my obser-
walton, more usually suffer than the guilty The
White people of the South indict the whole COL
ofed race on the ground that the better eIe-
Ilehls leld no assistance Whatever in ferretins
out criminals OF their own color The respecta-
Die colored people must learn not to harbor their
criminals but TO assist the officers in bringing
them to Justice. This is the larger crime and il
proVokeS such atrOcious offences as the one at
Atlanta. The two races never get on until
there Is an understanding on the part of both to
make common cause with the Iaw-abiding
against criminals of any color"
Moreover where any crime committed h. n
member OF one race against q member Of an
other race is avenged in such fashion that II
seems as If not the Individual criminal but the
whole race. Is attacked the result IS to exas
perate to the highest degree race feeling There
Is but one safe rule in dealing with black men
as with white men, it is the same rule that
must be applied in dealing with rich men and
poor men; that Is. to treat each man, whatever
MS color. his creed or his social position with
even handed justice on his real worth as a man
Nhlte people owe 1t quite much to them
serves as 10 the cOlOred race to treat we'll the
colored man who shows by his life that he de-
serves such treatment for 1t is surely the high-
est wisdom TO encourage in the colored race all
thoSe individuals who are honest, industrious
laW-abiding, and who therefore make good and
safe neighbors and citizens. Reward or punish
the individual his merits as an individuaI
EVIL Will surely come in the end To both races
| If we substitute for this just rule the habit of
treating all the members of the race good and
bad, alike There is no question OF social
equality" Negro domination' involved. only
| the question of relentlessly furnishing bad men
and of securing to the good man the right TO
his life, his liberty and the pursuit of his hap
piness as his own qualities of heart head and
hand enable him to achieve it.
Every colored man should realize that the
worst enemy of his race is the Negro criminal
and above all the Negro criminal who commits
the dreadful crime of rape and it should be felt
as in the highest degree an offence against the
whole country, and against the coored race In
particular, for a colored man to fail to help the
officers of the law in hunting down with ali pos
sible earnestness and zeal every such infamous
offender. Moreover in my Judgment the crime
of rape should always be punished with death.
as is the with murder: assault with intent
to commit rape should be made capital crime
at least in the discretion of the court and pro-
vision should be made by which the punishuent