The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-12-11
WHY FLOGGING IS
NOW PERMITTED
Wonder Held As To Just What Con-
stitutional GUARANTEES Are Worth
Anything According to High Court
PRACTICE IS CRUEL
Three Counties Of Delaware Only
Places In United States Where
It is Allowed

From Congressman c. H. Tavenner.
Washington December 11.-Since
the recent refusal of the Department
of Justice to interfere and stop the
brutal Delaware practice of flogging
criminals at post on the ground
that the Supreme Court has held
that the eigth amendment prohibit
ing "cruel and unusual punish
ments' applies only to federal courts
a good many people are wondering
just what the other constitutional
guarantees are worth if state courts
see fit to disregard them.
The constitutional amendment
specially says that "cruel and unusu-
al punishments shall not be inflict-
ed" Certainty there will be few
to dispute that flogging men on their
bare backs with cat O. nine tails,
each blow Of the fail leaving it's
skein of livid welts on the shrinking
flesh, is cruel; and that it is un-
usual is clear since only three coun-
ties in the United States, the three
counties which comprise the little
state of Delaware, practice this bru-
tai custom.
Yet because this cruel and unusual
punishment is inflicted by state au-
thorities, the learned judges on the
Supreme bench have decided that the
federal government has no jurisdic-
ton. The constitutional prohibition
Only aplies to penalties inflicted by
federal courts.
Why should not this theory be
carried out all along the line? The
constitution says that citizens shall.
not be deprived of liberty without
due process of law? Of state or fed
eral laws? The latter, if the de-
cision is followed. So that state Of
ficers might throw citizens into pri-
son under Russian secrecy, denying
them trials, and state jails might be
filled with political prisoners who
were obnoxious to the state authori-
ties. 80,
Of course, carrying the theory to
this extent is ridiculous. If such a
procedure were attempted. the fed
eral authorities would be quick to
interfere. But because the institu-
ticn of the Delaware whipping post
has continued from colonial times,
the federal courts, who have great
respect for existing institutions, will
not declare it in violation of the con-
sstitution. "a. .--. .z.
The whipping post is brutal relic
of medievaism, brutalizing not only
. on it's victims, but on the complacent
citizens of Delaware for tolerating
the institution. Some day it will be
abolished Probably Delaware will
abolish it of her own volition, for
there is strong sentiment against
the practice in that state. But if
not by Delaware then specifically by
growing sentiment in favor of more
humanitarianism in the treatment Of
criminals.
Henry Lane Wilson, the former
ambassador to Mexico, who was re-
leased from further service by Presi-
dent Wilson, has been cashing in on
the advertising he received by de-
livering a series of lectures through
out the country. A good many peo-
pie, believing that Wilson would re-
veal some state secrets, gave up adj
mission money to hear him. His
latest lecture was delivered in a
theater which is only a long stones
throw from the State Department
Continued on Page 81