Phoenix tribune., 1920-11-13
SOUTHERN JURIST
DECLARES AGAINST
ALL LAWLESSNESS
(By the Associated Negro Press)


interest in Effingham county in the
memory of the Oldest inhabitant than
did that of Judge A. B. Lovett. Judge
Lovett, before a crowded court room,
jury for the term had been empaned
He virtually told the grand jurors it
was their duty to indict the members
of the mob who lynched Philip Gath
ers, a Negro, who killed Miss ANA
Jaudon several months ago. The
judge was emphatic in declaring
against mob law and mob rule and in
sisted that the grand jurors live up
to their oaths by making diligent in
quiry into all things that should come
before them.
The courts charge, in part, follows:
"Mr. Foreman and Gentlemen of the
Grand Jury: The oath which each of
you has just taken makes you an in
tegral and important part of this
court. Your sovereign state govern
ment is divided into three great de-
partments, and this court represents
the judicial branch. You are now
truly part of the government. You
are to be called upon this week to
exercise governmental powers and
you will be required to discharge seri-
Gus obligations imposed by law. Your
sworn promise to do your duty as a
governmental agency cannot be light
ly worn or put off like an old coat at
the door when you enter the grand
jury room. 1t is, therefore, proper
that 1 review with you briefly what
cur government is, and what your du-
ties are as related to it, you now be-
ing a part of it.
Governments, like everything hu-
man, tend to decay, and this is espe
cially true of free governments, which
are the most difficult of all to main
tain. Republics, above all other kinds
of government, are maintained by re-
spect for law Whenever a people
come to treat lightly their own funda-
mental law, they have arrived at the
most dangerous point that is possible
short of entire destruction.
Under our theory of constitutional
government, man standing upon the
rights guaranteed to him by that doc
ument is more powerful than an army,
and can defy multitude, and therein
lies the glory and the splendor of the
American idea of free government.
And yet in practical. application of
these great and fundamental theories,
where do we find ourselves?
"An indescribable crime is commit
ted, the minds of men revolt at the
horrors of it, passion dethrones rea-
son, victim is demanded and one is
found-often guilty, sometimes inno-
cent-and vengeance is wreaked upon
him. Officers of the law, represent
ing the sovereignty of the state, flee
from the mob. What a pitiable spec
tacle! The state, created by the peo-
pie, in flight, pursued by its own Gre
ators. Lawlessness reigns supreme;
the security of the law becomes BY
word to be scoffed at; constitutional
! guarantees are by force made vain
| and empty things. The very purpose
| for which courts were established
1 to ascertain truth-has been defeated,
and to the victim denied. To justify
such conduct, some will say that the
law is technical and too slow, that
justice may miscarry, and that pun
/ ishment is not measurably iD- ~nsed.
Our civil laws are administered by
our own people, and we but indict
ourselves. OF necessity, laws are ad-
ministered Ey human instrumental
ties, and nothing human is perfect,
but to attack the majesty of the law
which protects you and yours, with
out which you could not live in secur-
ity, is as foolish as it is wicked; it
4 is but to tear down the temple for the
imperfection of the priests.
Those most often dealt with by
the mob belong to the lower race, but
! it can not be truthfully said that they
are the favorites of our courts or of
our juries When Negro commits
the uncomfortable crime, as it is
sometimes called, his conviction and
punishment under the forms of law,
where the law is invoked, can be de-
pended upon with complete certainty
: in this section of our country Pun
! ishment by law deters from crime,
because shown to be right by reason;
punishment by mob incites to crime,
is crime itself, because reason cannot
assert itself, being overcome by pas
sion. Laying aside the criminality of
the act, trial by mob is filled with
dangers. What assurance have any