The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1906-12-06

admission or rejection of evidence, or
for error as to any matter OF plead
ing or procedure unless, in the opin-
ion Of the court to which the appli-
cation is made, after an examina-
ton of the entire cause, it shall afiir-
matively appear that the error com
planned of has resulted in miscar-
riage of justice.
Injunctions.
In my last message l suggested the
enactment of law in connection with
the issuance Of injunctions, attention
having been sharply drawn to the
matter by the demand that the right
of applying injunctions in labor eases
should be wholly abolished. 1t is at
least doubtful whether a law abolish
ing altogether the use of injunctions
in such cases would stand the test Of
the courts; in which case of course
the legislation would be ineffective.
Moreover, | believe it would be wrong
altogether to prohibit the use of in
functions. 1t is criminal to permit
sympathy for criminals to weaken
our hands in upholding the law; and
if men seek to destroy life or property
by mob violence there should be no
impairment of the power OF the courts
to deal with them in the most sum-
mary and effective way possible. But
so far as possible the abuse of the
power should be provided against by
some such law as l advocated last
year.
In this matter of injunctions there
is. lodged in the hands Of the Judiciary
necessary power which is neverthe-
less subject to the possibility of grave
abuse. 1t is power that should be ex
eicised with extreme care and should
be subject to the jealous scrutiny OF
all men, and condemnation should be
meted out as much to the judge who
fails to use it boldly when necessary
as to the Judge who uses it wantonly
or oppressively OF course judge
strong enough to be fit for his office
will enjoin any resort to violence or
intimidation, especially by conspir-
acy, no matter what his opinion may
be of the rights of the original quar-
rel. There must be no hesitation Ill
dealing with disorder. But there
must likewise be no such abuse of the
injunetive power rs is implied i'll for
bidding laboring men to strive for
their own betterment in peaceful ana
lawful ways; nor must the injunction
be used merely to aid some big 'cor-
poration i'll carrying out schemes FOX
its own ACKNOWLEDGEMENT.
Lynching
In connection with the delays of
the law, ! call your attention and the
attention of the nation TO the pre-
valence of crime among us, and above
all to the epidemic of lynching and
mob violence that springs up, now in
one part of our country, now i'll an
other. Each section, North, South
East, or West, has its own faults; nc
section can with wisdom spend its
time jeering at the faults Of another
section; it should be busy trying to
amend its own shortcomings. Tc
deal with the crime of corruption II
is necessary to have an awakened
public conscience, and to suppliment
this by whatever legislation will ado
speed and certainty in the execution
Of the law. When we deal will
lynching even more is necessary. A
great many white men are lynched
but the crime is peculiarly frequent il
respect to black men. The greatest
existing cause Of lynching is the per
petration, especially by black men
of the hideous crime Of rape-th'
most abomiuable in all the category
Of crimes, ever worse than murder
Mobs frequently avenge the commits
sion of this crime by themselves tor
turing to death the man committing
it; thus avenging i'll bestile fashion /
bestile deed, and reducing themselves
to level with the criminal.
Lawlessness grows by what il feed
upon; and when mobs begin to lyncl
for rape they speedily extend tn
sphere of their operations and lynel
lOl luuuN OlHcl hiuuS Ol tlluutS, 81
that two-thirds Of the lynchings an
not for rape at all while consider
able proportion of the individual
lynched are innocent of all crime
Governor Gambler, of Georgia, state,
on one occasion some years ago: I"
can say of a varity that / have, with
in the last month, saved the lives o
half dozen innocent negroes VIII
were pursued by the mob, am
brought them TO trial in a court of
law in which they were acquitted.
AS Bishop Galloway, Of Mississippi
has finely said: "When the rule o
mob obtains, that which distin
guishes high civilization is rurrend
cred. The mob which lynches negl'
= charged with rape will in a littl
. while lynch white man suspected o
q crime. Every Christian patriot i
: America needs to lift up his voice i
: loud and eternal protest against til
. mob spirit that is threatening the in
e tegrity of this Republic. Governo
Z, Jelks, of Alabama, has recently spob
+ en- as follows; "The lynching of an
v person for whatever crime is inex