Evening journal., 1913-11-17
KIND CANE
OF PRISONERS
IS EVANS AIM
Montana Man Would Treat
COnvlCtS as Humanely
as Horses
SAYS WHIPPING POST
WILL HAVE TO GO

WASHINGTON. Nov. 17-John NJ
Evans. Democrat is the Congress-
man-at-Large from the State Of Mon
tana. He was born in Missouri was
educated at the United States Military
Academy and the University Of Mis-
souri,, is a lawyer by proferssion, be-
llieves in the commission form Of gov
lernment for municipalities, has filled
a number of State and local offices
and was elected TO the present Con-
gress from Montana, beating his Re
publican opponent by 995 votes.
Mr. Evans caused something OF a
stir in self-satished circles last Tues
day by Offering a resolution authoriz-
ling and directing the President and
Attorney General to bring injunction
proceedings in the Federal courts
against the State of Delaware for the
suppression of the whipping post in
that State on the ground that this
"relic of medieval barbarism" is In
ldirect violation of the eighth amend
lment to the Federal Constitution,
which provides that "cruel and un-
usual punishment shall not be in
lficted."
IUeidMhTcS VNU IToOltWs
There was a quorum present in the
House when the resolution was intro
lduced, and under the rules the matter
went over for later consideration The
ATTORNEY General. however is report
led to have expressed the opinion
THAT this is clearly a question that
must be settled by Delaware in its
lown way and that such action as that
l....~r,~rI h4r 1ta from Mnn-
tana would not lie in any Of the Fed
leral courts
Mr. Brockson, member-at-large
from Delaware, protested against the
Evans resolution on the ground that
1.-THE Federal Government had nothing
whatever to do with it: that the eighth
amendment 10 the Constitution did not
lapply to the States Of the Union; that
the punishment administered az the
whipping post was not cruel; that
the whipping post Of Delaware is de-
terrent to criminls," and "for the gem
eral good of the public"
.vans Not Moved.
Mr.. Evans has not been moved by
the arguments of the member from
delaware, but insists that the whip
! ping post must go, and in this view
: he will be supported by the forces
of civilization generally. He said:
"In my opinion, the time has come
when we ought TO begin TO treat hu-
/ man beings with as much consider
: alton as we treat a horse; this is the
treason why I introduced the resolu-
, ltion last Tuesday directing the
President and Attorney General to en-
Join the State of Delawre from lash
ling the two prisoners in the Jail a
New Castle. who have been condemn
ed to have 20 lashes each administer
, ed on their bare backs. and this in ad
= ldition TO 20 lashes given them las
!, Saturday. There is no doubt in m.
, mind that the overwhelming majorit,
- of my colleagues are with me in thii
y movement, as indicated by the ap
y plause on both sides OF the House
(, when the resolution was read.
1T is plain to me, from the very
u fact that the Court saw it to divide
4 the penalty for fear the prisoners
= would succumb under IL, that this
i is a cruel punishment in the extreme
. Il is equally clear that it is an un-
! usual punishment, because / know OF
:, no other State in the Union, and fol-
; that matter no civilized country
- where such method of administering
punishment for petty offenses exists
And, therefore, believe il is in viola.
! ton of the eighth amendment to the
- Constitution of the United States
which prohibis the infiction of 'crue
and unusual punishment
Calls Upon Public.
"A man who beats a horse or Other
J. dumb animal in a cruel manner ma,
n be arrested, taken into court and mad,
n to pay fine for IT, Yet we finC
II here in Delaware helpless prisoners
Il lconvicted not of crime against hu
e man life. but merely against property
e being lashed to the limit OF human
+ endurance. Needless to say. this 4
IS an outrageous condition of affairs ant
IT one that the American people shoul,
J. not tolerte. II the protest OF the peo
s. pie is made sufficiently strong, anC
} Congress made to understand that
the people arc determined to hav,
such inhuman practices discontinued
some action undoubtedly will b.
Z taken.
v Understand me. now, that who'll,
i. disavow any intention of interferin,
e with any legitimate enforcement o
a the laws Of the land, in the State o
D. Delaware or elsewhere But IL doe
n appeal to my sense OF Justice and fai,
n play that the punishment which hal
$ Deen and is to be inflicted on thesl
Y Delaware prisoners is in violation o
II the Constitution and should be stop
# ped"
HARRISON NEWS NOTES.