Arizona republican., 1922-01-28
Lynehinq

We do not know whether the anti -lynching act
which has passed the house of representatives is con-
stitutional not. The constitutional lawyers of con-
gress divided that. The subject is further
confused by the fact that the constitutional lawyers
happen to be divided party lines-a circumstance
almost strange if they were divided according
to the color their hair-the red haired lawyers on
one side and the black haired lawyers on other
But we imagine that the constitutional objection
to the act is not the real objection. The proposed
legislation is regarded attempt to humiliate the
southern states where lynchng frequent than
in any other part Of the country though it by no
means confined to that part OF the country has
been quite frequent in the midwest and western
states
In the southern states the victims of lynching are
mostly negroes, their crimes or alleged crimes gen
orally being offenses against womanhood. But in
many negroes have been lynched for more
trivial offenses, such the homicide or attempted
horpicde Of white in the of or result
qharrel.
lLynchings in the northern states usually follow
some shocking crime which drives a community into
state of temporary insanity. though we recall one
ohip lynchng attended by peculiar cruelty in which
the victim only petty criminal disturber and
nuisance in his community.
ELynching wherever it occurs is sort Of popular
expression of the people Of greater less area.
1t is usually participated in by persons of
spectabiity and there is usually much public
timent behind it, that it is seldom that those who
participate in it punished, though in the present
week in Of the southern states several ynchers
were promptly convicted and sentenced to the peni-
tentary life. How far that unprecedented action
may have been brought about by the pending anti
lyndhng bill may only conjecture.
1T is because lynching is so seldom punished by
the states that this legislation was proposed. We
not that punishment would be more certain
if lynching should be federal offense for those
accused of the crime would stil be tried by fellow
citizens of their state. Only federal juries would be
selected from wider of country. whole
judicial district instead of among immediate
citizens Of the county in which the resides
For that reason the law would probably be less
effective the southern states where lynching is
garded in some degree as an institution than in the
northern states where outside of the community
where lynching occurs sentiment is strongly
against it.
On the other hand If the administration of the
law against lynching placed in the hands of
federal officials undoubtedly such offenses would be
vigorously prosecuted. Judge, district attorneys
and United States marshals would have eye rather
to the appreciation of the department of justice
than to local sentiment They would
vigorously search for evidence and would more earn
estly seek convictions
If there is any doubt as to a constitutional in
hibtion Of federal antilynching law it ought to be
resolved if possible in favor Of the legislation, Any
thing that promises the abolition Of lynchng should
be tried And thing that might be tried first to
good advantage would be the prompt and rigid
forcement Of all law and then many Of the provoca
tives to lynching would be obviated.
Lynching is SO with that we do not
feel the horror which it should There is
other country where it is practced and there the
people who hear Of lynchings look upon
savages with much the same horror feel when
read of cannibalism among other savages
The freedom Of European countries, Japan and
other civilized peoples from lynchng is due sup
pose to the strict enforcement of all laws against
crime There the crime Of rape is much less frequent
than it is in America We do not hear Of the raids
of gunmen in London, Paris Rome and Tokyo,
Of frequent, bold daylight robberes. We will
admit that the people OF America as a whole more
lawless than those OF other countries But here
abiding people not insistent that the laws
against crime shall be enforced.
we will suppose that England France had a
prohibition law. Could imagine the open and
jocular violation of 1t London or Paris?
No ConnnIain4 ~ Earaa