The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-02-06

| TRUE bill
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Article 8, of our State Constitution,
wherein it is declared that all men
are by nature equal, free and indie
pendent and have certain inherent
rights Of which, when they enter
into state OF society, they cannot,
iby any compact. deprive or divest
their posterity. namely, the enjoy
ment OF life and Liberty, with the
means of acquiring and possessing
property and Of pursuing and OBJ
ftaining happiness and safety" 1t
declares that government is instl-
tuted for the common benefit, pro-
lection and security Of the people,
nation or community, OF all its
various forms, that is the best which
Is capable OF producing the greatest
degree of happiness and safety, and
is most effeotually secured against
the danger OF mal-administratlo
and when any government Is found
inadequate or contrary to these pur-
poses a majority of the community
has an indubitable, inalienable ano
indefeasfble right to reform, altel
or abolish it in such manner as shall.
be judged most conclusive to- the
public veal
There is and can be no higher
right than that which pertains to
the personal security and safety Of
each and every individual citizen Of
the government, state or commu
nifty. 1t therefore becomes and 1.
the duty of such state or govern
ment to prescribe such penalties a
1t may deem adequate to prevent the
interference with, or restraint upor
the fullest and freest enjoyment Q
such personal security and. safety
and to mete out to him who offend
in these respects, punishment pro
por,ioaate to the degree of the of
tense. ~
The crime of rape as general
understood and defined is anon
the most offensive interferences wit,
the enjoyment of these fundamentP
personal rights and privileges. 1t
nature and charactep and the cir
cumstances usually attendant upo,
its commission ordinarily exc.t
strong aversion and animosit:
against the accused: the communit
naturally becomes indignant, intels
feeling is engendered; but we mus
never forget that however intens
may be our indignation, orto wha
extent or aversion or luminosity ana
be aroused, under no circumstances
however aggravating, should the &C
cused he punished. except under an
by virtue of the orderly process c
the law; that is, by calm, careful.
and deliberate investigation by /;
grand jury and fair and impartiF
trial by petit jury whereby tn
state and accused may have an OF
portun!ty for full and free hea.
ing, and exact justice may be mete
out to both-to the state, because i
complains that its law, has been v.
olated, and to the accused Decaus
he is the person charged as tn
guilty transgressor. Punishment in
ficted in any other, manner is un
lawful, Illegal and arbitrary, an
can in no sense be excused or pail
ated. Those who undertake to des
summary justice not only assume :
themselves a right which they d.
not have or possess, but engage in .
course of conduct which render
them amenable to punishment for (;
violation of the law whose penal
ties they themselves arbitrarily an.
unlawfully violate and disregard
Such conduct leads to anarchy and /;
consequent destruction OF all form
of government; nor can it be ex
cused on the ground, or for the rea
son that the object OF their wrati
merits prompt and summary pun
ishment. Not only so, but sue
conduct must of necessity bring int
disrepute the community which per
mits 1T. 1t is subversive of thus
sections of the constitution of tn,
state which provide that nm person
shall be deprived of life, l:5erty o