The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1912-11-22
Mr.. LEY ON MOB LAW
To the Editor ocala Banner:

with perhaps the taking off of the
negro, Niles, as a case in Particular.
Civilized nan lives under a civil
campact. A constitution provides the
basis OF such compact. The constitu-
ton, and the laws enacted under it,
guarantee life and property, and pro-
;ide adequately and amply for their
protection, or the adequate and
prompt punishment Of any individual
who premeditatedly violates the com
pact. There is also an "unwritten
law" whatever that may mean.
which an individual may invoke, in
the execution Of vengeance upon one
Who would despoil his home, or in the
defense Of his own life. 1t is not
scrmane to discuss these. Under GER
tain conditions and limitations they
may be wise, or at least permissible.
This. however, is other and different
from the execution Of mot justice. |
am unalterably opposed to |lynchings
as they are ordinarily conducted.
whether calmly and orderly, or saw
agely and inhumanly, for the follow
ms, to my mind, good and sat. cient
reasons:
q. They violate the civil compact,
which theoretically declares that no
man shall be deprived OF his life 0,
property without due process OF Law
The mob that kills a man under pro
vocation" today-a proyocation tina
justiGes" the action in the eyes OF
the actors. may. under p|royocation
which appears 'justifable," deprive a
man Of his property rights, civiI
rights on political rights by force OF
arms" Exactly what was done to.
the south in the destruction OF it,
slave property, which was the monu
mental crime OF American history.
and is not justified today in the mind
81 any true American citizen. north 6.
south.
. Mob law is degrading and brU-
TALKING in its influence upon those
Who participate. No man can take
the lie Of a fellow man, except in de
Tense of his own life or the sanctity
Of his home, without developing in
himself brutal instincts and a strong
err lust for blood. This proposition
needs no defense, but is as unaltera
BILE as any fundamental law Of our
being. When rein is given to pas
sion, reason and justice are made t.
abdicate.
3. Mob law discounts and discred
its. in the eyes of the world. a PEG
pies judiciary. courts and police. |
know it is contended, and with some
show of reason, that the mob spirit
is born OF inexcusable laxity and
weakness of law enforcement. But
no man in this city would argue for
a moment that in the case of Niles
the courts would have been hesitant
or laggard in the administration OF
justice. And it is generally only in
such cases that mob trial is in
voked.
1. Mob law is of doubtful value in
correcting evils toward which it is
directed. 1t is usually invoked
against a class of II population
known as ~''perverts." or 'degener-
ates. Such persons are rare. but
where found are sWayed not by fear
or reason. but wholly by passion and
impulse. which for the moment are
blind to every attribute of mind, eX
| cept desire. The general truth OF
this proposition can be illustrated in
real life. There are Gitteaus, Cool
goszs. Schranks. Niles. who seem in
no possible sense to have been intia-
enced by aught above or beyond a
momentary amorous or blood lust.
and who could not for the moment
see the gibbet or the fagot or the fp-
sillade just beyond the act. Others
of this ilk will act similarly. regard
less OF consequences, or, at least, will
not be daterred~ by the prospect OF a
crematory, more certainly than the
prospect of the gallows or the cleo.
trio chair.
>. Law is, indeed. in a republic.
me expressed will of the people, en-
acted by delegated authority through
legislatures and assemblages. But no
juggling with words can ever make
mob law" justifable, on the ground
that it is "an expression OF popular
win" Mob law is simply an express
sion OF a superior force against an
Inferior one, and usually exercised in
the neat of passion, under the excite
ment Of outrage and through motives
Of vengeance. 1t does not, and can
not express the sane, sober, safe
Judgment of those who constitute II,
and therefore cannot be construed a
justifable. as an arbitrator between