The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-12-05

IL anu 1lOG W 6IlAO4OC ~ was AA40NA
cradle.
TINE eighteenth amendment long
l. will be remembered as a con-
spicuous example of a law that pro-
duced lawlessness because it ira
versed the working conscience OF
the great mass of the people. This
generation of Americans. at least,
has learned from it a more certain
feeling for the truth that legisla-
ton. however noble in purpose, can
not effectively become the law I'M
less its purpose is the actual pur-
pose of the great mass Of a COM
munity.
Our forefathers would have said
that the law must conform to the
will of the people, and by that
phrase they would have meant the
abiding will, not the momentary
opinion or the excited whim which
propaganda or demagogery or q
spectacular event may arouse.
They would have meant the will
of the people which is founded in
habits, needs and experiences that
change so slowly that for the prac-
teal purpose of the moment they
are unchanging. To that will all
laws and all reforms and all schemes
must in the long run conform.
1t is a weird coincident that at
the very moment when the nation
looks forward hopefully to the end
ing of the most extensive lawleSS-
ness in its history, it is confronted
with the action of a public official
who openly approves the savage law
lesSness of a mob.
Governor Rolph's attitude toward
the San Joe lynching was an alb
ject betrayal of his office. The
reason he gave for approving the
Iynching amounted to a confession
that the government, of which he
is the head, is unable to cope with
the crime of kidnapping, and not
only that it is not able, but that it
mas given up III despair.
1T was a terrifying thing for the
Il head of a government to pro-
claim that he is unable to deal with
a crime; it was cowardly to show
the white feather and invite the
mob to do what the government
exists for the purpose of doing. And
it was vicious, not merely because it
incites other mobs to more violence,
but because it is a degrading ad-
mission that the Governor has no
real purpose to suppress kidnapping
by the force of the law.
Yet the truth is, that in their
hearts, multitudes of people agree
with Governor Rolph. That truth
we have to face and deal with. Why
do they think he was right? They
think so because they are in despair
about the failure of our criminal
law to work with reasonable GER
tainty.
Why there is this failure is long
and complicated story. The fact is
plain and simple, and while it is a
fact, American communities will be
vulnerable not only to desperadoes
but to mob vengeance. And SO,
while it is as important to denounce
Governor Rolph as to denounce a
commander who SurrenderS a post
he has been ordered to hold, it will
not cure the state of mind which
Governor Rolph expressed.
That can be done only by re-
form of the administration of Grim
inal justice which is sufficiently
drastic to impress the criminal with
its power and the community with its
efficiency. Such reform we shall not
get while the comfortable people of
most of our cities lazily tolerate, and
in varying measures participate in,
the favoritism and privilege which
corrode the foundations Of local
government.