The broad ax., 1922-07-15
Chicago, Ill, May 2, 1922.

Chicago, Ill, May z, lSZZ.
Hon. John A. Richert,
Chairman Committee on Finance.
Dear Sir:
In response to your communication
of recent date, in reference to the
pending riot cases, in which you state
that your committee will not consider
these claims except upon an opinion
of liability on the part of the City
and a recommendation from US, We
desire to advice you that 10 of the
cases involved in the resolution of
the City Council, passed on November
q, 1921, are suits brought against the
City for the death of persons as the
result of injuries inflicted by a mob
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 for
the recovery of damages for personal
injuries sustained by the plaintiffs at
the hands of mobs during the So
called race riots.
Section 4 OF paragraph 256v of an
Act to suppress mob violence, APP
proved May 6, 1905, in force July l,
1905, provides as follows:
"256v. 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
bv a mob shall have an action against
the county or city in which such IN
iury is inflicted, for such damages as
he may sustain to an amount not ex'
ceeding FIVE thousand dollars.
Section /, of Chapter TO- Hurd'
Revised Statutes, 1919, page 1868, o
an Act entitled, IAN Act requiring
compensation for causing death BY
wrongful act, neglect or default.
Approved February Il, 1858, in forc'
February u, 1853. provides as FOL
lows:
"Be it enacted by the People OF th'
State of Illinois, represented in thu
General Assembly: Whenever thu
death of a person shall be caused By
wrongful act, neglect or default, and
the act. neglect or default is such a
wouId If death had not ensued, hav'
entitled the party injured to maintain
an action and recover damages IN re
soeet thereof, then and in every suci
case the person who or company o
corporation which would have beer
liable IL death had not ensued, shall
he liable to an action for damages
notwithstanding the death Of the per
con injured. and although the dealt
sbau have been caused under suel
circumstances as amount IN law L
felony"
Under the Statutes of the State o
Illinois. any collection of individuals
Eve or more in number, assemble
for the unlawful purpose OF otterinI
violence to the person or property o
any one supposed to have been guilt
of the violation of the law, or for tn
! ourpose of exercising corrections
powers or pegulative powers over an
person or persons by violence an
x;thout lawful authority, shall be re
g,rded and designated as a mol
Where such a niSb inhiets InJune
uoon an individual on account OF nj
religion or race, it will be, in all like
I;bood. successfully eontended tina
the injuries inflicted by said mob ar
for the purpose of exercising eorres
tioual or regulative powers over sue
person, and the action OF the mo
constitutes a denial to him OF the nsh
TO life liberty and pursuit OF happ
ness as guaranteed by our eonshtT
ton: and, where II is proved that
mob within the meaning Of tn
Statute has inflicted such injuries
the court will, IN our opinion, be N
/ eIined to hold the City liable and tia
Il a person 50 injured survives tn
;niur;es inflicted, he would have
right to maintain an action again'
the CITY under the provisions OF SCI
t;on z56v, above quoted Wher
oath results from the injuries n
acted as above described. II is on
oO;r;on that, under the provision {
seet;ou l of Chapter 20 of Hurds R