The Fitzgerald leader. (Fitzgerald, Irwin County, Ga.) 19??-1912, November 04, 1897, Image 3
GOV. ATKINSON'S
J.
Governor Atkinson, in his message,
which was sent to the legislature yester¬
day, makes a sensational arraignment of
mab and lynch law.
He does not hesitate to declare that
■ Innocent men have been lynched during
•his administration and as one of the
remedies for mob violence asserts that a
prisoner when assailed by a mob should
‘be given a weapon ‘by the officer in
charge, be unshackeled, and 'be allowed
to defend himself.
The governor’s comments are at consid¬
erable length and are extremely striking.
He says that any ’ woman can have a
man murdered by a mob by simply de¬
claring that he had assaulted her and
that under mob rule life cannot be safe.
He -makes a strong plea for law and or¬
der and asks the passage of an act un¬
der which counties may be sued and
verdicts of not less than $1,000 be obtained
by the heirs of any man killed by a mob.
The .governor sets forth his views on the
convict question as already printed in
full in The Journal.
Among other thing-s he advocates put-
■'ting street railway companies under con¬
trol of the railroad commission.
Stripped of purely routine matters, the
message is as follows:
NORTHEASTERN RAILROAD.
On the 28th day of May, 1S96, after ad¬
vertising for bids as directed in act au¬
thorizing a lease, the Northeastern rail¬
road was leased to E. A. Richards & Co.
at the sum of $1S,600 per annum, payable
•- quarterly, for a term of 20 years, from the
first day of June, 1896, and a bond taken
In conformity to law.
The rent was paid for two quarters.
When the rent for the third quarter fell
* due on the first day of March, 1897, it waji
not paid, and when two months’ time.
In which they were permitted under the
law to pay this, had expired, the rent was
still unpaid.
By virtue of authority vested In me I
then seized the road And have since oper¬
ated it for the state under the direct
management of Hon, R. K. Reeves, who
was appointed by me state agent.
I submit herewith a statement showing
the net earnings for each month for which
report has been made to me:
May...... ,$ 742 9S
June..... , 751 50
July...... , 1,143 49
August.. . , 1,374 47
September, . 2,000 00
Total $6,012 44
The months covered by these reports
are the hardest of the year, but it is grat¬
ifying to be able to -state that they show
an increase over the earnings in the same
period when previously operated by the
state.
Under present conditions we can safely
rely upon (the net earnings of) the road
earning a good income on the sum at
which it was purchased by the state, to
wit, $100,000, and it will more than pay in¬
terest on the series of bonds issued to re¬
tire the $287,000 of bonds on said road, up¬
on which the state of Georgia was en¬
dorser.
As this is a short and dependent line,
and in view of possible changes in the
railroad situation which might impair and
possibly destroy its value, I recommend
that an act be passed authorizing the
governor, at his discretion, to offer it for
sale -whenever, In his opinion. It can be
sold for the amount of the bonds issued
by the state to cancel the series above
mentioned.
RAILROAD COMMISSION.
Your special attention is called to that
part of the report of the railroad commis¬
sioners in which legislation is recommend¬
ed to enlarge their powers, and to better
enable them to enforce their decrees.
These recommendations, briefly stated,
are:
Control of issuance of stocks and bonds
of railroads.
Removal of all doubt of authority of the
commission to require the erection of de¬
pots, and additional power to require the
construction of sidetracks.
Power to regulate the interchange of
freights and cars in order to secure to
shippers the right to route their goods
and to prevent discriminations.
Speedier methods of enforcing the or¬
ders of the commission to compel rail¬
roads to immediately accord to the public
rights which are due them.
After asking for this legislation 1h«
commission adds:
“We have exercised, and are now exer¬
cising, all the authority that has beon
granted us. Our experience, and the com¬
plaints continually received from the peo¬
ple, clearly Indicate that the additional
authority recommended Is necessary to
their protection. If they expect relief in
these particulars they must look, not first
ito this commission, but to their senators
and representatives whom they elect to
the general assembly, and who alone have
the powdr to authorize the commission to
correct the ills complained of.”
You cannot be too careful in legislating
upon the subject of railroad control. A
wise and rigid control of these properties
is of the utmost importance to our people,
and is essential to tin growth of our com¬
merce.
STREET RAILROADS.
I advise that the authority of the rail¬
road commission be so extended as to give
them pow T er to regulate charges on sire.,
railroads, and exercise such control over
them a3 may be needed to give good ser-
vice to the public, and adjust disputes be¬
tween them and the public when made
by any party Interested, or by the author¬
ities of the city In which such street rail¬
road may be operated.
The sole power to determine those
questions should not vest in the street
railroad corporations. The authority to
pass upon them should be vested in some
tribunal, and that tribunal should not be
in the control of, or created by. those
directly interested in the questions to be
submitted to It.
TELEPHONE SYSTEMS.
The railroad commission now has Juris¬
diction over railroad, telegraph and ex¬
press companies.
The same reasons wrhich induced the
state to give them authority over these,
demand that their power be so extended
as to bring under their control all tele¬
phone companies.
The charges made t>y telephone com¬
panies should 'be fixed by the comtnission.
In my opinion they are now so excessive
to their charges as to demand the Inter¬
ference of the state in behalf of the citi-
aens.
Each of these qpcmanlee Ma wha t are
L
usually termed* natural monopolies, and
should be controlled by the government.
EDUCATIONAL INTERESTS.
There has been a constant and marked
Improvement In our common schools.
The steady and gradual Increase In the
for their maintenance has
resulted In multiplying the number of
perm anent schools, arousing greater in¬
terest" among the people In education,
the character of school build¬
and Increasing the efficiency of
teachers.
In this campaign against Ignorance our
columns should not retreat, but move
steadily to the front, until the enemy Is
vanquished and the banner of light,
knowledge and virtue floats In triumph
the field.
UNIVERSITY OP GEORGIA..
The people of the state are to be con¬
upon the ever increasing pros¬
and usefulness of their university.
With the increased room and facilities
furnished by your late appropriation
thereto, and the purchase of the new
farm, If assured of permanency of Its
income, Its still greater usefulness can
not to be doubted.
On the 7th of October last two hun¬
dred and sixty-seven students had been
registered. Of them sixty-five per cent,
are members of various churches, to wit:
one hundred Methodists, eighty-one Bap¬
tists, thirty-eight Presbyterians, thirty
Episcopalians, five Catholics, six Jews,
three Christians, one ’Lutheran and one
Unitarian. Of the- fathers of those stu¬
dents, seventy-eight are farmers, forty-
four lawyers, forty-two merchants, nine¬
teen doctors of medicine, nine bankers,
six teachers, six preachers, and eight in¬
surance men, besides various other oc¬
cupations.
For further details you are referred to
the annual report of the chairman of the
board of trustees, submitted according
to law.
GEORGIA SCHOOL OF TECHNOLOGY.
I am pleased to note the increased at¬
tendance at the school of technology. The
two hundred and twenty-five students now
there give evidence that practical educa¬
tion is receiving serious attention of our
peo-pte. The school offers scientific
courses of high grade in mechanical, elec¬
trical and civil engineering.
The. new dormitory is filled with stu¬
dents who are under wholesome regula¬
tions and protected from evil influences
by the supervision of the authorities. A
•high standard in scholarship and skill in
shopwork is required, and the school
•takes rank with the best technical Insti¬
tutions in the country.
Georgia, being near the center of the
cotton growing area of the Union, should
provide for the instruction of her sons in
the manufacture of cotton goods. New
England has taken steps in this direc¬
tion for the protection and advancement
of her manufactures. The textile schools
which have been established at the north
are bound to militate to the detriment of
our own cotton industries unless they
are met with similar institutions in the
south. A department of textiles should
be added to the School of Technology for
the purpose of giving our young men the
opportunity of becoming experts In the
manufacture of cotton goods. I am as¬
sured that such a measure would re¬
ceive substantial aid from many promi¬
nent firms and citizens, and on account of
the present excellent equipment of the
school, the first cost would be reduced to
a minimum.
NORMAL-INDUSTRIAL COLLEGE,
This institution, whose curriculum em¬
braces a literary, a normal and an indus¬
trial course, is doing a great work for
the state by supplying its schools with
well educated, trained teacher§, develop¬
ing the brain and increasing the culture
of her daughters, and rendering them
capable of being, when necessary, self-
sustaining and independent.
So great is the popularity of this col¬
lege that had its accommodations been
adequate it would have in attendance 600
students.
Several hundred applicants were tm»
able to gain admission at th*s term un au-
^ount of the limited accommodations.
The course of study in the normal de¬
partment is considerably in advance of
the examinations given applicants for
first grade license in our common schools.
Under existing laws the graduates of
the North Georgia Agricultural and Me¬
chanical college at Dahlonega, State Nor¬
mal school at Athens, Middle Georgia
Agricultural and Mechanical college at
Milledgeville, Gordon institute at Barnes-
ville, are permitted to teach in the com¬
mon schools without further examination.
I therefore recommend that the same
right be accorded the graduates of the
Georgia Normal and Industrial college.
STATE NOMAL SCHOOL.
This school has become a very valuable
part of our educational system and Is
worthy of your aid and encouragement.
In the management of various public
Institutions it has been found of great
advantage to the institutions and a relief
to the officers in charge to have some of
tne trustee* located so as to be accessible
to the institution. It is not advisable to
cnange the personnel of the present ex¬
cellent board of commissioners who are
charged with the immediate control of
uie institution, and as their present num¬
ber, five, is rather small, I recommend
that the -governor be authorized to ap¬
point, from the county of Clarke, two ad¬
ditional members to said board,
DAHLONEGA COLLEGE.
I enjoyed the pleasure of attending the
commencement exercises of this very ex¬
cellent institution, and gladly testify to
its usefulness. It is doing a magnificent
work for North Georgia, and deserves the
encouragement which it has received at
the hands of the general assembly.
The governor recommends the appoint¬
ment of a state penitentiary agent and
that bids be received for all the state's
purchases.
He recommends that the state treasurer
be authorized to lend out the sinking
fund of $100,OCO on the state’s bonds.
The governor makes war on bucket
shops. He says:
“The evil that Is being inflicted on the
state by the operation of what is known
as bucket shops is incalculably great.
The possibilities of great wealth with
which these places allure their victims
are well calculated to mislead and en¬
trap men eager to grow rich, and is a
tempting bait especially to young men.
Lives are being constantly wrecked and
fortunes squandered by these tempters.
The material and moral welfare of the
state -demand that the bucket shops be
suppressed.”
On election laws the governor says:
Laws regulating elections should effect¬
ually prevent fraud, and so guard the
right of the elective franchise that the
destiny of our state will be entrusted only
to those citizens whose ballot is unpur-
c-hasaible. * * * The amount of money
which can foe used by a candidate before
the general assembly should be limited,
the purpose specified by law, and the
successful candidate should be required,
before he assumes the duties of his office,
to exhibit and file a sworn itemized state¬
ment of expenses whdeh should not ex¬
ceed the amount allowed' by Law.
For a violation of .this daw he should
forfeit his right to the office to which he
is elected.
The proposed measure should be suf¬
ficiently comprehensive to specify the
purposes fb-r which money can be used
in a campaign in a party primary or final
election, and free officials from that obli¬
gation, which is incurred by personally
receiving from others a contribution to
aid in securing an election.
IX, for Instance, candidates for the office
solicitor gouQtai, judge. United
states senator are permtrtoa. Dy airect
contributions, to place candidates and the
party authorities, In the respective coun¬
ties, under direct obligation to them by
contribution to campaign fund, it will de¬
grade political life, put capacity and
worth at a discount, and make money
t'he test of merit. The Influence of money
In politics Is alrendy too great, and should
be promptly reduced to a minimum.
All contributions for political campaigns
should be made direct to the party offic¬
ials, and no man, not a resident of a
county, should bo permitted to contribute
to the county election. To prevent undue
Influences of money from this source,
such contributions should, in congression¬
al campaigns, be given to the district
committee, and In state campaigns to the
state committee, to be by them expended
where -they think best.
THE INCREASE OP CRIME.
The Increase of our prison population Is
a matter for serious consideration. In 1S6D
there were only 393 convicts itl our peni¬
tentiary; in 1S71, 383; in 1S74, 61G; and now
there are 2,337. This, of course, does not
include these In t'he county chalngangs,
numbering about 1,850.
The number In the penitentiary would
be even larger but for legislation by your
predecessors, under the provisions of
which a large number who were convict¬
ed of felony has been sent to the county
chalngangs.
In 1871, 13 per cent, of the convicts were
white, and in 1897 $ per cent, are white.
■During this period the blacks In the
penitentiary have increased 600 per cent.
While the increase in white convicts
has been small, our penitentiary has been
rapidly replenished from the ranks ctf the
colored population. The number o.f con¬
victs in recent years is much larger than
lust after they were given their freedom.
More were received Into the penitentiary
In the year 1896 than in the years 1869.
1870 and 1871 combined. The whole num¬
ber of convicts received from the estab¬
lishment of the penitentiary, March 10,
1817, to October 26, 1S6G, a period of 49
years and 7 months, was 2,029; total num-
iber received during the four years, 1894-5-
6-7, was 2,307.
The following table will show the com¬
mitments to the penitentiary for the last
eighteen (18) years:
COMMITMENTS PROM 1878 TO 1896.
Two years, Oct., 1S7S, to Oct., 1880 433
Two years, Oct., 1SS0, to Oct., 1S82 ...... 588
Two years, Oct., 1882, to Oct., 1SS4 696
Two years, Oct., 1884, to Oct., 1SS6...... 777
Two years, Oct., 1886, to Oct., 1888 ....... 775
Two years, Oct., 1S88, to Oct., 1S90 966
Two years, Oct., 1890, to Oct., 1892...... 1,090
One year, Oct., 1892, to Oct., 1893.. 711
One 3 'ear, Oct., 1893, to Oct., 1.894.. . 638
One year, Oct., 1894, to Oct., 1895.. 635
One j'ear, Oct., 1905, to Oct., 1896.. 528
Total for 18 years 7,747
This result has been reached in spite
of the fact that in addition to what has
been do>ne by towns and cities support¬
ing local school systems, we have spent
within that time about four million dol¬
lars in an effort to educate the colored
people that they may become better citi¬
zens.
The governor adds:
The best of the race intellectually and
morally should be selected to teach in
public schools. The law should require
the school authorities to look closely into
the conduct and character of each ap¬
plicant before license is granted to teach.
This provision should apply alike to
white and black. In every way possible
we should endeavor to improve the morals
of the people by Imparting, through the
school room, correct principles and pure
morality. The teacher should not only
train the mind, but build noble charac-
tere.
CRIME AND LYNCHING.
The graver crimes are of alarming fre¬
quency and more seriously affect that
portion of our population who reside out¬
side -the towns and cities. In these sec¬
tions, the crime of burglary’, arson and
rape have become more frequent than in
the years of disorder which followed the
civil war.
The frequency of the offense of rape
hds become alarming in the extreme, and
seriously interferes with the security and
comfort of living in the country. There
are now dn the penitentiary 78 convicts
for assault to rape, and 81 for rape.
Of all crimes known to our 'lav/ these
two are the most villainous. Their fre¬
quency has terrorized the people residing
in rural districts, and bo aroused their
fear and resentment that It has been im¬
possible In many of these cases to induce
them to await the action of the courts.
Since November 1, 1894, there have been
15 negroes lynched who .were charged
with rape and assault "with intent to
rape, and one white man who was oharg-
ed with rape.
In addition to these, there have been
seven negro men, one negro woman and
one whJte man lynched who were charg¬
ed with other offenses. Total for three
years 22, or a flit tie more than 7 peT year.
These occurred in the following counties:
Appling, Clinch, Dooly, Habersham, Mon¬
roe, Montgomery, Muscogee, Talbot, Col¬
quitt, Twiggs, Jasper, Calhoun and Bibb.
It is the duty of government to protect
its citizens, and to do all that can pos¬
sibly be done to prevent the commission
of not only the offenses which have pro¬
voked the people to resort to such a rep¬
rehensible remedy, but aJll offenses, and
to guarantee to every citizen. charged
with a crime a trial before an impartial
tribunal, as guaranteed by the constitu¬
tion.
In the discussion of lynching, let It he
clearly understood that It Is not a ques¬
tion as to whether or not those guilty of
crime shall be punished, but whether or
not the innocent shall escape. Not a ques¬
tion as to whether the guilty shall be
punished, but whether or not the act of
punishing shall multiply criminals.
In a free government like ours there Is
no excuse tor lynching. If there is evi-
dence to convict the courts will punish; if
there is not. punishment should not be in¬
flicted. The courts of our state can be
trusted to punish the guilty and protect
our property, our persons, and the honor
and virtue of our women.
I am deeply concerned for a remedy for
this evil that we may save from guilt the
men who engage In It, and protect the In¬
nocent. who are too often sacrificed.
TRIAL BY MOB.
The mob is not a safe tribunal to Justly
determine any cause.
Not long since In this state It Is said
chat a mob, which had gathered, failed to
take action because of a division in their
own ranks . . . one portion wishing to
hang a man who had not been tried and
the other, to liberate one who had been
tried, heard In all the courts and sentenc¬
ed to be hanged for murder.
The mob judges without a full and, com¬
plete hearing from both sides. Its mem¬
bers are not the most capable of judging,
lit decides In passion and, too often. In
whisky. How can It fail to make mis¬
takes and sacrifice the lives of the Inno¬
cent?
I feel the more deeply upon this ques¬
tion because from the best information I
can secure, I believe that during my ad¬
ministration there have been in this state
several men lynched who, were not guilty
of tne crimes with which they were
charged. How many, can never be
known, for their tongues are hushed, and
•they ere denied an opportunity to prove
their innocence. * am informed that one
man, whom the mob believed to be guilty,
was shot down. A question then arose as
to his identity and ho wus salted down
like a hog, shipped to the location of the
crime and found to be the wrong man—an
Innocent man.
When an innocent man Is lynched /or a
crime it servts to protect the guilty. The
members of the mob, their friends, and
sympathizers seek to impress it upon the
community -that the right one has been
punished and the guilty goes unsought
and unsuspected. Even during this year,
evidence has come to light, showing that
in several states victims of the mob have
been innocent men. During my term of
office one man, who was rescued from
the mob, was accorded a trial which re¬
sulted in showing it hat he was not guilty
of the offense with which he was charged.
Another lied from the mob to the execu¬
tive office and as.-tu for protection and a
trial by jury. They were given him, and
it developed that be was not guilty of the
charge for which the mob endeavored to
•take his life.
To what extent this practice ha-s been
or will be used for purposes other than
the alleged- reason given to the public,
will never be known. In one instance,
not long ago, it was stated and accred¬
ited that a man who had been charged
with rape came near being lynched.
When, the truth became known it brought
to light the fact that the purpose in
preferring 'the charge was to have him
lynched in order to suppress his evidence
against parties who had been violating
the prohibition law. In another instance
a mar., charged with an assault upon a
woman, escaped the mob which was in
pursuit and established the fact that
the charge was made against him to de¬
feat the collection of a debt. Had the
parties been lynched it is not probable
that their guilt would have been ques¬
tioned.
These things serve to emphasize the
importance of adhering to law, and of
your so legislating as to suppress this
evil, and guarantee to every one charged
with crime a fair and impartial trial.
Responsibility for the crime of lynch¬
ing rests not only upon actors, but upon
community which shuts, its eyes to
the crime and permits and tolerates it,
and upon legislators who refuse to enact
laws to suppress It.
It can and will be stopped when the bet¬
ter element who deprecate mob law ag¬
gressively condemn and determine to sup¬
press the practice.
It is no excuse to say that the north-
sern people, w T ho have less to provoke
them to it, lynch. Let us not take them
as a standard; but rather show a higher
type of civilization in our state, and erect
here, a standard to which they may as¬
pire.
LYNCH FOR WHAT CRIMES.
Lynch law has not been restricted to
cases where the charge was an outrage
upon a female. In Texas a man was
lynched simply to suppress his evidence;
In Kentucky because he was objectionable
to the neighborhood, and in Indiana five
men were lynched for burglary. In our
state, in the last three years, seven men
have been lynched for murder, and one
man and one woman because they were
suspected of arson.
WHEN CHARGE IS RAPE.
Even had .’t been confined to offenses
committed upon females it could, not be
justified.
To adopt it, in these cases, is to put the
life of every man in the power of any
woman who might for any reason desire
his death. When such crimes are
charged the passicr. of the people is more
deeply stirred than .by any other, and the
mob is quick to act.
Yet viewed from the standpoint of rea¬
son and not of passion, there is less ex¬
cuse for lynching in such cases than in
any other. Delay cannot be given as a
reason, nor a fear that justice will be de¬
feated. At Monticello and Columbus the
men -were taken out of the court room
during the trial and lynched. In most
cases they are taken from the custody of
officers of the law, when they know that
court will convene and give a speedy
trial. For this offense, above all others,
the courts are quick to try, and if guilty,
the Juries certain to convict.
It is not then that they fear delay or
the acquittal of the guilty, but It is a de¬
fiance of law/ It is a desire to substi¬
tute passion for evidence and vengeance
for justice.
There being no excuse to be found for
fear of either delay or failure of justice,
but one reason is left, and that is the ob¬
jection to the outraged victim having to
go into court ar.d relate the horrible
story. That this is a terrible ordeal,
every one must concede, but human life
must be valued even above this trial. She
would undergo this trial, not as a sacri¬
fice to the guilty, but to conform to the
rules of law, which centuries of experi¬
ence have demonstrated to be absolutely
essential for the protection of the. inno¬
cent. The truth cannot be had save by
having both sides heard before an im¬
partial tribunal.
To remove this objection, however, our
law provides that, on such occasions, the
judge may order the courtroom cleared
of all save the jurors and lawyers en¬
gaged in the case on trial.
There is, therefore, no Justification nor
^excuse for a resort to lynching, even in
•this class of cases, when the defendant
Is charged with the most dastardly and
horrible of crimes. No man doubts in
these cases that the law will punish the
guilty, and if he did, he could not find a
remedy by making a murderer of himself.
The remarkable fact exists That in a. ma¬
jority of instances the party lynched is
taken from the custody of officers. I can
understand how a near relative of the
victim of the lust of a human brute who
sees before him the man whom he be¬
lieves has committed the outrage, and In
the heat of passion, slays him, can enlist
the interest and sympathy of a commun¬
ity; but how any one can fail to condemn
those who are guilty of the cowardly act
of taking from the officers of the law a
man who is disarmed and helpless, and
hanging him without trial, surpasses my
comprehension.
EFFECT OF LYNCHING.
Both capital and worthy imigrants seek
places where law is supreme and the fre¬
quent occurrences of lynching will ad¬
vertise ours as a lawless state and as a
half-civilized people.
It sacrifices the Innocent, brings law
into disrepute, creates lawlessness, im¬
pedes material growth, and in the eyes of
all the world lowers the standard of our
civilization and degrades the character of
our people,
This barbarous practice does not de¬
crease. but increases crime. Having
stained their hands in blood, its perpetra¬
tors are more easily led to again violate
law. Recently a man tried on the charge
of murder and convicted of shooting a
citizen through the window, as he sat by
■his own hearthstone at night, confessed
also that he It was who tied the rope
around the necks of the two men who
were lynched in Columbus in 1896. I con¬
demn It and will not apologize for such
lawlessness. To exterminate the practice
it must be made odious and dangerous.
The penalty should be the scorn of the
people and the punishment of the law.
DUTY OF DEMOCRATS.
There is no room for debate upon this
question. If theie is, there is none for
With them the question is
There Is but one position the
of that party can take.
In the campaign In which the members
this general assembly were elected, the
party went to the people up¬
a platform adopted by the state con¬
In which this declaration is found,
“Resolved. That we deplore and de¬
lynching* and favor the en¬
of such laws as will effectually
prevent the same.”
I now ask the men who were elected
upon this platform to enact into law pro¬
visions which will In good faith meet the
requirements of this declaration. I do
n-ot believe that you will dally with this
question, or pass laws which will be in¬
effectual.
The Democratic party owes it to the
to live up to the pledges which It
made to induce them to entrust it with
power, or to come DOldly to the front
admit that it wilfully and deliberate¬
ly deceived to secure votes, and is un¬
the confidence of the people. Your
action is to determine whether or not this
can be truthfully uttered.
To be honest is as much the duty of a
party as an individual.
Let the remedy which you apply be
and severe.
THE REMEDY.
In* murder cases the complaint Is that
cases can be too easily continued and
unnecessarily delayed. I am not
advocate of hasty trials, but of prompt
ones. No one should be rushed into a
trial involving his life w r hen passion in
the county where trial is to be had is at
white heat and a fair trial impossible.
The law should in all cases permit the
court, on motion of the defendant, or on
Us own motion, or on motion of state at¬
torney, to change the venue to any county
In the state. In determining whether or
not to order a change of venue, the judge
should be authorized to exercise a very
broad discretion and act upon all knowl¬
edge -that he might possess bearing upon
the question. If, in his opinion, a change
oi venue is necessary to secure.a fair and
impartial jury, he should order the
change, and this decision should not be
reviewed by the supreme court. The au¬
thority of the circuit judge in such cases
should be made plain and ample, and all
doubt removed as to power of the su¬
preme court to review his decision.
This change in our law, I’believe, is the
first step necessary to secure, in all cases,
prompt and fair trials.
In some instances it is difficult to
cure a trial on account of the laws regu¬
lating the granting of continuances.
This can be remedied by leaving to the
trial judge the sole power to pass upon
motions to continue, denying to the su¬
preme court the power to grant a new-
trial on account of alleged error in so
doing. The circuit judge who knows the
parties, the case, and its history, and
has the w-itnesses on the question before
him, can better determine whether the
motion is made for delay only, and
whether a fair trial and a just verdict
can be had without further delay than
the supreme court.
Every practioneer knows that the right
of continuance is the most abused of all
rights granted by the law in court pro¬
cedure. and in my “opinion the circuit
judge will correct the abuse if empower¬
ed to do so.
The law' which gives the defendant more
peremptory strikes than the state should
be so amended as to give each party the
sarne number. Under the existing law
power Is given the defendant to object
without cause to so many jurors that he
can, in many cases, pack a jury In his
own interest.
I have heretofore recommended to the
general assembly, and again urge upon
you, that the l&w be so amended as to
punish assault ’with intent to rape w T ith
death unless the punishment be reduced
upon the recommendation of the jury
trying the case, just as it may be done
now when the charge is rape.
Those who commit these offenses de¬
serve to be punished under the same
law.
It has been Insisted by some that the
way to stop lynching is to provide for
the prompt punishment of all who com¬
mit the crimes which provoke it.
Neither the law’s delay nor the failure
of justice can be given as an excuse for
lynchings in rape cases.
In dealing -with the offense of rape in
our courts there has been for the guilty
no delay and no escape, Courts are
promptly called, trials had, and justice
quickly administered. In' such cases the
men whose names are iff .the jury boxes
in Georgia can be relied-upon to convict.
The evil will exist for a long time, if
not disturbed, until public opinion is ed¬
ucated to the point where the condemna¬
tion is sufficiently intense and unanimous
to make it impossible.
It is therefore necessary that without
waiting for this slow process, the major¬
ity representing law, order, justice and
civilization, pass such legislation as will
repress the lawless element and secure
the reign of law. The certainty of prompt
trials alone will not end lynchings. The
delay of the law is a favorite excuse, but
it is not the real reason for its existence.
Other legislation is needed to aid in
checking it.
The arresting officer is now clothed with
authority to take the life of the assail¬
ants when resisting their efforts to take
a prisoner from his custody, and, and it
is his duty to take life If necessary to
protect the prisoner and retain him in
custody. This he should be required to do
at the hazard of his own life, or the
prisoner should be unshackled, armed and
given an opportunity to defend himself.
The knowledge on the part of the mob
that this would be done would deter it
from pursuing- its lawless purpose, and
the law would be permitted to protect the
innocent and punish the guilty.
That it may be ascertained whether or
not the officer having the prisoner in cus¬
tody does his full duty in every instance,
I recommend the passage of a law re¬
quiring a thorough investigation In every
case and providing adequate punishment
when he falls short of the full measure of
his duty in protecting his prisoner. When
this is done he should be ineligible to elec¬
tion or appointment to any office until his
disabilities are removed by the general
Assembly. The administrator or family
of a party taken from the custody of an
officer and killed should be authorized to
recover from the county the full value of
his life, which in no case should be less
than $i,000. This provision will not only,
by appealing to self-interests, make the
stronger Influences in each community
active in opposition to lynchings, but up¬
on principle, Is but doing Justice to the
family of the victim, When the irtate
takes charge of a prisoner it Is Its duty
to protect him against all dangers save
the penalty of the law Inflicted for the
crime with which he Is charged, and for
failure to do so, It Is just for damages to
be paid. It cannot be seriously contend¬
ed that the state has a right to disarm a
citizen charged with crime, render him
powerless to protect himself, and then
surrender him to those who seek his life
in violation of law, without Justly incur¬
ring the obligation to pay damages there¬
for.
THE CONVICT QUESTION.
The governor’s message so far as it re¬
lates to the convict question has been al¬
ready published In full in The Journal.
The governor holds that the misdemea¬
nor convicts should remain under the con¬
trol at t'he counties and that the camps
tehould be regularly inspected by an officer
state.
The governor reiterates his declaration
to the Democratic convention when
he was nominated, that he would veto
bill ro-establlshlng the present lease
system.
He opposes working the convicts on the
roads.
The governor proposes the creation of a
commission which shall be In full control.
He wunts a tract of land on which t'he
boys, women and men who are not able-
bodied shall be maintained.
Able-bodied convicts he wants hired out
for a term of five years under control of
the state. Meanwhile he would with the
labor of the other convicts build a central
penitentiary. The final disposition of the
able-bodied convicts he would leave' to be
disposed of at the expiration of live years.
The plan provides for a reformatory for
boys and girls.
The governor also recommends the crea¬
of a board of pardons and urges some
law which will equalize the assessment of
taxes.
He also urges the return of $240 which
Miss Ella M. Potvell paid for the state of
as the state's share toward the
monument.
BRYAN IX OHIO.
Nebraskan Begins a Short Campaign at
Montpelier.
William Jennings Bryan began a
short campaigning tour in Ohio Wed¬
nesday morning. He traveled in a
private car.
The first meeting was at Montpelier,
where an audience of five thousand per¬
sons from all parts of the country as¬
sembled.
Mr. Bryan questioned the honesty of
the vote of Ohio last year, and then
took up the silver question.
“I wish to submit some propositions for
republicans to talk about, for the democrats
are with us,” said he. “It is only necessary
to talk to republicans who were wrong last
fall, in my judgment. The gold standard is
a bad thing for the United States, and we
should not submit to it, because the finan¬
ciers of Europe want it.”
He said the republican party up to
this time had never declared that the
gold standard was a good thing. It
promised last year, he said, to do
w hat it could to get rid of the gold
standard.
He then reviewed the work of the
monetary commission which President
McKinley sent to Europe, and said its
mission had failed because the money
changers were opposed to it. improved
Mr. Bryan attributed the
financial condition of the United
States to the discovery of gold in
Alaska and to the famine in India,
which, he said, the republicans were
rejoicing over.
From Montpelier the train was
hurried to Defiance, where an after¬
noon meeting was held. There was a
large crow r d at the depot as the train
arrived in Defiance, and crowds had
assembled at the stations along the
way. An audience of five thousand
people, a majority of listened whom were the re¬
publicans, it is said, to
Defiance speech, which did not differ
materially from that delivered at
Montpelier.
AVOMEN AS CAMPAIGNERS.
They Crowd Cooper Union Hall in the
Interest of Seth Low.
A New York dispatch says: Cooper
Union was never before the scene of
such a strange political meeting as
that which took place there Wednes¬
day afternoon. The majority of those
at the meeting were women from Mur¬
ray Hill and Riverside drive and West
End avenue at that. The women were
adherents of the Women’s Municipal
League, which advocates the election,
of Seth Low, and the meeting they got
up was designed to show what they
could do in a political way, even if
they did not have votes. The men
who came in for hisses were princi¬
pally Croker and Platt.
Colonel George E. Waring,the street
cleaning commissioner, called the meet¬
ing to order and introduced Mayor
Strong as chairman.
Mayor Strong said he was a dyed-in-
the-wool republican and had always
voted the republican ticket, but it was
because he loved the republican party
that he proposed to vote against tho
republican ticket,clean out the Augean
stables and place that party on a firm,
foundation.
ELEVEN DEATHS.
The Fever Record In New Orleans
Wednesday—Fifteen New Cases.
The warm weather which prevailed
at New Orleans Wednesday had an ap¬
preciable effect on the yellow fever
situation, there being a high death
rate; but,, despite this fact, the situa¬
tion as compared to that of Tuesday,
which was not reassuring, is about the
same. There were fifty-two new cases
and eleven deaths reported for the
day.
The increased daily death rate is
convincing the unbelievers that the
prevailing fever is genuine yellow
jack. The fumigating corps is being
worked as hard as it can go, being
sent from one end of the city to the
other.
SPAIN WANTS M0NJ5Y,
Minister of Finance Declares Another
Loan Is Absolutely Necessary.
The Frankfort Zeitung (Berlin) pub¬
lishes a dispatch irom Madrid which
quotes the Spanish minister of finance,
Senor Puigcerver as saying that a
fresh, large loan is necessary, as the
funds of Spain will be exhausted in
June, 1898.
The Cuban war, the finance minis¬
ter is said to have added, puts his
country to a monthly expense of
45,000,000 pesetas, and the civic and
military departments of Spain are be¬
hind in their payments.
At Port Moresby, New Guinea, the
other day, six young native girls
pleaded guilty before a white magis¬
trate to a charge of theft. As they
were rather young to send to prison,
his Worship took each offender across
his knee and spanked her.