The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-04

te do-eNact justice than the consciousness
4haL every act Of theirs is 70 be SUD
Jecfed to .he intcifig an- scrutiny and gam
dld criticism of their fellOw-rnen. such
criticism IS beneficial in proportion as II
is fair. dispassionate. discriminating, and
1ased on a knowledge Of sound legal pr1n-
clpleS. The comments made by iedrle1
text writer's and by the acute editors OF
ei4G various law reviews upon Judlclal 3 uE-
clsl0nS are therefore highly useful Such
S-5e.cs constitute more or less lIIll5dIe e
r. lItD ullals OI professional OPINION before
WHicA each judgment is made to stand OF
IAN on its merits. and thus exert strong
lnHuence TO secure NSnifOrmity OF DECISION
But non-professional criticism also IS by
no means without its uses, even II ac-
conpanied, as it often is by a direct at
tack upon the judicial fairness and mo-
tlYes OF the occupants of the benchs Tor
If the law is but the essence of common
may evidence a defect in a judicial con-
clusion, though based on the incest legal
reasoning and pr0foundest learning. The
two important elements Of moral charac-
Ter IN 4 judge are earnest desire to
enforce it. In so far as fear Of public
comment does not affect the courage of
his conscience and to reach the result
which approves itself to his inmost heart.
mere are few men, whether they are
Judges Tor life or for a shorter term, who
90 not prefer to earn and hold the re-
spect oI All, and who cannot be reached
and made to pause and deliberate by hos
tile public criticism In the case of judges
Independence makes the right freely TO
comment on their decisions Of greater inn
poItance, because It is the only practical
and available instrument in the hands of
a Tree people to keep such judges alive
serve
On the other hand, the danger of de-
Stroying the proper influence of judicial
dices against the courts justifes and re-
QuiFes that unjust attacks shall be met
rest their defense upon the Inherent
strength Of the opinions they deliver as
the ground for their conclusions and must
trust to the calm and deliberate judgment
ton
There is one consideration which should
pc taken into account by the good peo-
PIE who carry sound proposition to an
excess in objecting to any criticism of a
American people as a 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 citi-
zens, those most competent TO express
Jhelr judgment IN such matters and above
all those belonging to the great and hon
orable profession of the bar. so profound
" influential in American life take the
position that there shall be criticism
OF judge under any circumstances, their
- -S - S~NS1 - Liz <AtsA1t =
can people as a whole In such event the
people will turn to, and tend to accept
as Justlhable, the Incorporate and inn
proper criticism uttered by unworthy agl-
tators. Surely it is misfortune to leave
to such critics a function, right in itself,
Whlcn 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 intemper-
ate antagonism towards the judiciary
which must be cOmbated by every right
thinking man, and which if it became
widespread among the people at large /
would constitute dire menace to the
Republic.
law, call your attention and the atten-
tfon of the nation to the prevalence Of
crime among US, and above all to the cpl
denIc Of lynching and mob violence that
ii Il
try now in another. Each section, north. !
south. east, or west. has it, own faults; |
no section can with wisdom spend its /
time Jeering at the faults of another sec.
ton. it should be busy trying to amend
its own shortcomings To deal with the
crime of corruption it is necessary to +
have an awakened public conscience. and
to supplement this by whatever fegisla- /
ton viii add speed and certainty in the
execution Of the law, When we deal with
many white men are lynched, but the
crime is peculiarly frequent in respect to /
of Iynching IS the perpetration. especially /
by black men, of the hideous crime OF
rape-the most abomfnable in all the cate |
cory OF crimes: even worse than murder I
MObs frequently avenge the commission +
death the man committing it; thus aveng- I
ing in bestiaI fashion a bestial deed and /
themselves to a level with the ,
criminal
How LaNIessness Grows.
Lawlessness grows by what it feeds
upon; and when mohs begin to lynch for /
rape they speedily extend the sphere of /
kinds of crimes, so that two-thirds Of the /
ynchings are not for rape at all; while a L
proportion Of the individuals I
ynched are innocent Of all crime. Gov
arnor Gambler, Of Georgia, stated on one
occasion some years ago: II can say Of .
month, saved the lives of half dozen
innocent negroes who were pursued by
court Of a law in which they were ac-
1uitted-" As Bishop Galloway. of Mis-
ice n In al L. Ill
IF mob obtains. that which distin-
suishes high civilization is surrendered.
with rape viii in little while lynch a
white man suspected Of crime. Every
Christian patriot in America needs to lift
lp his voice II loud and eternal protest
lgainst the mob spirit that is threaten
srnor Jelks. OF Alabama, has recently
spoken as follows. The lynching Of any
person for whatever crime is inexcusable
enSTwhere--lt IS denance OF orderly gov
srnment; but the killing Of innocent peo-
DIE under any provocatiOn is infinitely
more horrible; and yet innocent people
ust IS once aroused The lesson is this: |
No good citizen can afford to countenance
defiance Of the statutes no matter
what the provocation. The innocent fre-
IuentIy suffer, and, it IS my observation !
more usually suffer than the guilty. The
white people of the south indict the whole
'oloned race on the ground that even
he better clements lend no assistance /
VIII tever in ferreting out criminals Of I
heir own color. The Tespecta Bile colored
rirninals but to assist the officers in
ringing them to Justice This is the
arger crime. and it provokes such afro
iolis ofenses Is the one at Atlanta The
wo races can never get on until there
S nm unders tanding the part Of both
q make common cause with the law-abid-
ng against criminals of any color
Moreover. where any crime committed
- q member of one race against a mem
'er cf another race Is avenged in such
ashton that Il seems as il not the indj-
-idual criminal. but the whole race. is at
acked the result is to exasperate to the
sighest degree race feeling. There is but
me safe rule in dealing with black men
IS with white men, it is the same rule
hat must be applied in dealing with rich
men end poor men: that is. TO treat each
nan. whatever his color his creed. or his
d his real reel worth as a man White