The broad ax., 1922-07-08
Chicago, Ill, May 2, 1922.

Hon. John A. Richert,
Chairman Committee on Finance.
Dear Sir:
In response to your communication
OF recent date, in reference to thu
pending riot cases, in which you stat,
that your committee will not consider
these claims except upon an opinion
OF liability on the part of the Cit,
and a recommendation from US, W,
desire to advice you that 10 of tn,
cases involved in the resolution o
the City Council, passed on Novembel
Is, 1921, are suits brought against The
City for the death of persons as tn,
result of injuries inflicted by a mot
during the so-called race riots which
occurred in this city during the
months of June and July, 1919, and
the remaining two cases are suits fol-
the recovery of damages for persona
injuries sustained by the plaintiffs al
the hands of mobs during the so,
called race riots.
Section of paragraph 2S6v of ar
Act to suppress mob violence, ap,
proved May 6, 1905, in force July l
1905, provides as follows:
"2s6v. PENALTY FOR IN
FLICTING DAMAGES LIABIL-
ITY OF CITY AND COUNTY
Sec 4. Any person or persons COM
posing a mob under the provisions
of this act, who shall by violence in
flict material damage to the property
or serious injury to the person of any
other person upon the pretense of ex-
ercising correctional powers over
such person or persons, by violence
and without authority of law, shall be
deemed guilty of a felony, and shall
suffer imprisonment in the peniten-
tiary not exceeding FIVE years; and
any person so suffering material DAM
age to property or injury to person
by mob shall have an action against
the county or city in which such in
jury is inflicted, for such damages as
he may sustain to an amount not ex-
ceeding FIVE thousand dollars"
Section /, of Chapter 20, Hurd's
Revised Statutes, 1919, page 1868, OF
an Act entitled, IAN Act requiring
compensation for causing death by
wrongful act, neglect or default"
Approved February Il, 1853, in force
February II, 1858, provides as fol-
lows:
BE it enacted by the People OF the
State of Illinois, represented in the
General Assembly: Whenever the
death of a person shall be caused by
wrongful act, neglect or default, and
the act, neglect or default is such as
would, If death had not ensued, have
entitled the party injured to maintain
an action and recover damages IN re-
spect thereof, then and in every such
case the person who or company or
corporation which would have been
liable If death had not ensued, shall
be liable to an action for damages,
notwithstanding the death Of the per-
son injured, and although the death
shall have been caused under such
circumstances as amount in law to
felony"
Under the Statutes of the State Of
Illinois. any collection of individuals,
FIVE or more in number, assembled
for the unlawful purpose of offering
violence to the person or property OF
anv one supposed to have been guilty
of the violation of the law, or for the
purpose of exercising correctional
powers or regulative powers over any
person or persons by violence. and
without lawful authority, shall be re-
garded and designated as a mob.
Where such a mob inhicts injuries
uoon an individual on account OF his
religion or race, it will be, in all like
lihood. successfully eontended that
the injuries inflicted by said mob are
for the purpose of exercising oorree-
tionaI or reguIative powers over such
person. and the action of the mob
constitutes a denial to him of the right
to life liberty and pursuit Of haPpi-
ness as guaranteed by our eonstitu-
ton; and, where It is proved that a
mob. within the meaning OF the
Statute. has inflicted such injuries
the court viii, in our opinion. be m
clined to hold the City liable and that
II a person so injured survives the
injuries inflicted. ne would have a
right to maintain an action against
the City under the provisions OF sec
ton zs6v, above quoted. Where
death results from the injuries IN
s;eted. as above described, It IS our
oo;uion that. under the provision OF
section / Of Chapter 20 of Hurfs Re