Newspaper Page Text
6
ATLANTA. GA
ALaTON TELLS LAWYERS
1, S.CANSTOPLYNGHINGS
_ RYBEE ISLAND, June 2.—ln a pa
-conoemlng lynching, read be
fore the Georgia Bar Association to
day, Robert C. Alston, of Atlanta,
cigated a stir by demonstrating that
the) Federal Government coul dlegal-
Iy "step in and protect citizens of
Geergia or any other State against
Iynching.
M demonstrating this Mr. Alston
sho: ed how the Constitution gave the
Fageral Government such power, and
‘he gounded a warning that such pow
©rF might be utilized 1f lawlessness In
‘Georgia did not cease. What might
‘be'pal'ed the text of Mr. Alston’s ad
‘dregs, which covered twenty pages
' which cited all authorities nee
es ylo his points, was:
That the Federal Government
j itees in the Constitution that
no ‘State shall deprive a person of
life, liberty and property without due
¢ of law, that the act of the
' ff, jailer or other officers in al
i g & mob to lynch a prisener is
the'act of the State; that the Gov
Principles and Rules of Law
~ Defended by Luther Rosser
TYBEE ISLAND, June 2.—The fea
-lur" of the annual gession of the
Geargia Bar Association was the ad
dress by Hon. Luhtre Z. Rosser, of
Atlanta, on “A Comparison ,of Our
Criminal Judicial System—lts Defects
I.n& Enforcement.”
: r. Rosser's address was an elo
quent defense of our principles and
rules of legal procedune, showing how
the very basis of It was the secur
ing of every possible safeguard to
prevent injustice to the innocent,
After comparing in detail the Géor
gla system with that of England, he
solnted out that “if our system lis
efective in operation, It is the fault
not of the system, but of the opera
tors, If it is ineffectual in the en
forcement of the law, the fault is
chargeable to the judge, the solicitor,
or to the jury-sto one or all of them."
Under topic headings, Mr. Rosser
spoke as follows:
‘ GEORGIA JUDGES. |
Most Georgia judges measure to
the full stature of an upright,
- honest, impartial judge; and that,
"~ too, in spite of their election by
the people and the miasma of
. politics which so threatens all ju
dicial life and growth. Too often,
. however, the judge opens court
with a stump speech to the Grand
. Jury, spends the term in nicely
~ balancing and obeying public
gglnlon. and closes it with a vote
i the bystanders. Such a judge
. is a curse instead of a blessing,
under his guidance the best
'%’lcial systen will halt and
5 mble and bhe saved from a com
, Ele!e breakdown only by its in
erent strength.
v GEORGIA SOLICITORS.
~ The Georgia Solicitor General,
35 icapped as he is by politics
- and fees, does better than ought
. to be expected of ordinary hu
_rman nature, From both he ought,
4 his own and the public's
o . to be delivered. So deliv
- T ‘the strong could not em
~ barrass him and the weak and
. helpless would be sure of his
£ ection, and he would lose
- much of that fierce partisanship
~_find _unbridled advocacy which
' an English judge would not tot\iu
E moment tolerate in Crown couh-
Ey GEORGIA JURIES.
. The jury system in America, as
.~ in England, is sacred. - None but
~ the most stupid can hope to abol
g it, and yet no other human in-
L.;’v'f tution so deeply affecting life
o liberty 1s c&lnherently weak,
E, In practice, it is drawn, even in
_,_capital cases, by lot from practi
s ly the full body of naturalized
f; 1t white men of the county;
0 d, in some counties, a consid
© erable numbeér of negroes.
. This presupposes either that
'3 white men, reinforced by a -
i negroes, are fitted by temper-
Y ent, intelligence and charac
. ter to wisely try the accused,
__ or that the accused ought to take
f risk of drawing, by chance,
] y fit persons from so large a
= . For either of these suppo
. sitiong there is no sound basis,
~ Out of so large a body not a few,
i temperament, prejudice and
& of courage or capacity, are
F fit jurors, and few men have
. the courage tc mete out justice
~ impartially when the multitude
ke ors for blood, and fewer still
0 have the clear intellect es
i tial to untangling difcult and
' complicated cases.
‘ Can there be greater legal
y than that any white man
8 de the asylum and the chain
. gang can pass wisely and effi
. clently on every case? Such a
~ theory Is held in no other of life's
Y vities. The ordinary man
LS d not be convinced that it
" 1d be wise to select by lot
. from the body of the county's
. male adults a man to shoe a
L shear 2 shep, or dig =a
3 h: nor would an efficiency
~ @kpert select by lot, even from the
~ body of horseshoers, sheep
© shearers or ditchers,
. 4That only intelligent and up
= ‘*‘;‘ men shall be placed in the
2t box are brave words: but
. what jury commisgsion can select
. none but intelligent and upright
o and will put none others in
5 box? In this State, the sic.
3 5 that all men of age to vete
. are intelligent and upright is al-,
. mopst, if not quite, as firmly fixed
& is that other fiction that all
fi,* are Lorn free and equal
.~ V@ In spite of this, in most cases
F‘;; substantial justice has been and
. will be done: but in the future,
g in the past, there will be cases
»7,%' gross wrong and injustice.
i s would be 2o even If the sys
tem was inherently much strong
eor. No human svstem, no matter
. how wisely planned and coyra
t? sly operated, will always
out the right and escape
i and injustice.
_ JURY VERDICTS NOT SACRED. .
& . That the verdict of a jury is in.
£ ble and eacred against inspec
-2 , reversal or avoidance is only
» hypocritical cry of the igno
« Tant or vicious politiclan. Every
thoughtful man knows that the
history of the past is full of un
; Just verdicts, made at the com
£ Mmand of place and power. and
E that many others have been made
- and will hereafter be made, until
. _Buman nature has reached a de
ey of perfection not yet at.
& a through inadvertence or
ernment can therefore legally step in
[nnd put a stop to such acts,
“l have not spoken of these powers
that a way may be pointed out to
the Federal Government by . which
its powers may bhe extended,” said
Mr. Alston. “No man desires more
.than | that those powers be not ex
terided over the domestic citizenship
of the people. No one realizes more
than I that the future prosperity of
the Southern part of this country
rests upon the right of the State to
finally and fully deal with this ques
tion without interruption.
“No one desires more than 1 that
it be dealt with wisely, frankly and
generously. But it is intended by
what has been said to point out to
you and those whom 1 desire to think
of as my people, that the rights most
deeply cherished and privileges
which are of the very essence of our
lives are being endangered by a sur
render to passions which are base,
:l};'e ”very fundamentals of domestic
8. g
ignorance, or under the spur and
press of public passion and preju
dice. Within the last two vears,
in one of the l#rgest citles of this
State, & man being held as a wit
ness in a burglary case was tried
and convicted, in spite of his vio
lent protests, in the placé of the
burglar. Upon the discovery of
the mistake the verdict was set
aside and the real burglar was
convicted by the same jury. The
same witness readily i{dentified
the witness as the burglar and
then the-real burglar, and the
Jury sanctioned by their verdict
both identifications.
There is no complaint when the
decisions of a trained, learned,
upright judge are set aside. Then
why not the verdiet of a jury, not
learned, not trained for the work,
selected not for their fitness to
pass upcn the particular case, hut
by lot? Our courts of last resort
have no jurisdiction to review
verdicts, but must let them stand,
no matter how foolishly and vi
clously unjust. Tt is not too much
to expect that some Adolph Reck
case will arise in this State which
will pave the way for a real ap
pellate court, in which the presid
ing judge can not say In sub
stance, “I believe the prisoner in
nocent, but I am powerless to aid
him.” -
No one claims infallibility for
all verdicts, but only for verdiets
of guilty. Only verdicts of acquit
;;tal are ever vicious and corrupt.
. Indeed, verdicts are sacred only
when they nteet the approval of
the people, and the people care
but little unless the jury disre
gards the crv of “Cruecify him!
Crucify him!'*"
DO JURIES TOO OFTEN
3 ACQuUIT?
. Grant Inut our juSlel too oftery
‘acquit; the whola fuldicial sys
tem should not be indicted, hut
the jurors only. They are the
masters of the facts, uncontrolled
by judge, Solicitor or defendant's
counsel. If they err in acquittals,
as doubtless they often do, why
not in convictions? If honest,
they will err both ways,.not oft
ener one way than the other, Ju
ries are not impaneled to convict,
but to convict or acquit as justice
may require. When in reasonable
doubt, their imperative duty_is to
acquit,
There can be no complaint that
our juries are lenient except in
homicides. In other cases. the
chance for wrongful acquittal is
negligible. If the accused Is a ne-
BTO, as i& usually the case, he
starts with a presumption of
gullty and quickly ends with a
conviction,
The abnormal prevalence of
crime, even if it,exists, does not
indict our ‘legal system, but the
character of our people. Violent
cflmxr against the person are
alarmingly frequent,
: ; DELAYS.
| Our courts may not in all cases
move as swiftly as English
courts, but in the majority of cases
the Georgia court violates the
speed limit. It has been boasted
that an English court can dls
pose of a murder or rape case in
two hours and an arson case in
four hours. This record is often
met by ‘Georgia courts. | have
heard a- Georgia judge boast
that he had tried twenty felonies
in one day-—a record for speed
that any English Judge might
envy., Comparisons unfavorable
to American courts have been
made between the Thaw and
Rayne cases. Nothing could be
more misleading. No one can
tell what would have been the
lho.l:fm of the Ravne case if he
had the position and wealth
“of Thaw and his family. For
tha poor, weak and defenseless
the journey to the gallows is al
ways a short one, but it |is
greatly lengthened in the case of
~ the rich, influential and power
ful. Many thugs met their fate
~ during the nine vears occupled in
the impeachment of Warren
Hastings. lord Melville's im
. peachment in 1805 has been
~aptly designated as “not an im- .
peachment of 'Hu!e, but a waste
of impeachmerfl.”
Speed s not everything. nor
always to be desired. In the law,
as nowhere else, is haste so
likely to make waste, Lynching
may, and it is feared often does,
fake place in the courthonse
Not every trial is a trial by law.
Judge L‘nch can sit In the
courthouse as well as on the
highway. When to his interest,
he can sit by proxy as effectively
a 8 in person. A timid, time-serv
ing judge, guarded by the mili
tary to hold off the mob until he
can hold a farcical trial, is as
£ood a substitute as Judge Lynch
could wish, and far more danger
ous to the public welfare he be
trays. v
LYNCHINGS. .
lanchlng now disgraces, and
has long disgraceb, the State of
Georgla, more so than any other
State. except Misslssippl and
Louisiana. ¥From 1880 to 1905,
there were In Georgia 238 lyneh
ings: In Mississipp! 249 and in
Louisiana 224 Georgia now sur
passes all of the other States of
the Union. Of the 78 lynch-
Ings In the United Statés from
January 1 to October 11, 1915,
(77 toek place in the South and
14 in the State of Georgia. For
the first six months in 1914, there
were in the United States 34
lynchings. Of these, one-fourth
occurred in Georgia. If press re
ports are true, Georgia led dur
ing the whole of 1915 and is still
in the lead for 1916,
The public conscience has heen
somewhat dulled by the usually
accepted theory that lynching
was for rape. This theory, if ever
correct, is not so now. The
lynchings for the first ten months
and eleven days of \JIS were:
Murder, 29; raps, 10; theft, 10;
murderous assault, 6; by night
riders, 6; attempted rape, 4; al
leged murder, 3; insults to wom
en, Z; accessories to murder, 2;
race prejudice, 1; unnamed cause,
1; wife-beating, 1. and poison
ing mules, 3.
The lynchings for the first six
months of 1914 were: Rape, 7.
murder, 8; killing officers of the
law, 4; clubbing an officer, a
family of four, father, son and
two daughters; stealing hogs, 2;
disregarding warning of night
riders, 2; insulting a woman, 1;
writing an insulting letter, 1;
wounding a man, 1: stealing
meat, 1; burglary, 1; stealing
cotton, 1; charged with stealing a
cow, 1 (the cow, which had sim
ply strayed, finally returned
home). '
At first negroes furnished the
majority of victims: now white
men are liberally included. In
1915, 42 were negroes and 21 whites.
¥or 1914, 24 were negroes and 10
whites. The lynching record not
only disgraces the State, but if
unhindered will destroy the social
fabric.
For it, however, our legal sys
tem is not responsible. The mob
lynches not by reason of any de
fect or delay in the law, but he
cause the aroused passions of the
mob want no law and will wait
for no law, no matter how cer
tain, no matter how swift.
Lynching is not a protest against
law, but is the outburst of pri
meval passions that ignores all
law, waits on no court, and is
satisfiled with no punishment
which it does not select and
which it does not Inflict. No
legal sentence is severe enough,
no legal «xecution is brutal
enough. The mob wants to rend
and tear—mutllate and burn. It
will not tolerate the Sheriff as
executioner. “Vengeance is
mine,” saith the mob, “and 1 will
wreak it now in a whirlwind of
passion and blood-" .
The law is the child of civiliza
tion—the mob is the spirit of the
jungle and it will no more wait
upon the law than would the jun
gle on civilization,
In England, the King pardons
and reprieves and the courts
reprieve, and yet Engllghmen
do not lynch. In Delaware,
Maine, Massachusetts, New
Hampshire, New Jersev, Rhode
Island, Vermont and Utah there
was not one lynching from 1890
to 1905, and in New York only
two, and yet in each of these
States the Governor has often
exercised the pardoning power.
In South Carolina, in 1914, there
were 437 pardons and 379 paroles,
and yeét for the first six months
of that year Georgia furnished
one-~fourth of the lynchings in
the United States.
The Président of the Untied
States has the pardoning power
- and often exercises it, yet it is
the boast of the Federal judi
clary that no Federal prisoner
has ever been lynched.
The demagogue who excuses
lvnching or condones it under
‘the pretense of dafects in our le
gal system or the misuse of mi
pardoning power is a traitor to
the State. And he is the arch
traitor of them all, who as the
purhcase price of its votes cor
ruptly defles the mob as the
savior of the State from courts
which he claims are inefficient,
and from Governors he charges
l are faithless,
: At the Forsyth.
“The Girl from Milwaukee,” singer
who does not gdisclose her name, but who
lnever fails to score emphatically, is one
of the features of the Keith vaudeville
bill at the Forsyth this week. An of
fering in which melody and gorgeous
scenic effects are combined is that of
'the Bonnie Sextette, girl musicians.
“The Vampire Woman” is the title of a
new comedy sketch by Frances Nord
strom which Madame Besson and com
pany offer. Dedic Velde avd compdny
}hlvo a funny pantomime on the capers
of Charlie Chaplin. The “Junior Follies
of 1915" give a pretentious musical
comedy.
At the Georglan,
Charlie Chaplin’s burlesque on the fa
mous opera, “Carmen.” is the attrac
tion at the Georgian Theater today and
tomorrow. It is one of the most farci
cal pictures ever staged, and has been
pronounced the triumph of the inimita
ble Chaplin’s remarkable career. *Car
men" is In four reels. - Kach moment is
brimful of comedy “punch.”
At the Strand.
“The All-Seeing Eye,” the eye that
searches the very innermost recesses of
the soul, s the basis of the m stery
feature, “The Eve of Gdo,” the {Bluo.
bird feature at the Strand lo!lny. with
Tyrone Power and lois Weber in the
leading roles. There is thrilling action
and heart interest in the production
Tomorrow Theda Bara will be seen again
in the great Fox production, “The Eter
nal Sapho.” This will be the last show
ing of this big production in Atlanta.
At the Pledmont,
The management of the Pledmont
Theater has secured the picture taken
yesterday of the Shriner parade, and will
show it today and Saturday. The en
tire parade was taken and will be
shown, as well as the large erowds upon
the streets and other incidents of the
day. This, of course, Is extra to the
regular Friday and Saturdav p m.
Fanny \\‘u(} will appear in thomy.
Plrupoun! eature, “A Gutter Magda
lene.” and Harry Watson' In a new
“Mishaps of Musty Suffer.' !
.
Pastor Will Addres
. Club
The Rev. John M. Rowlett, acti
pastor of the Universulist Church lc‘)?
Atlanta, will address the Elbert Hub
bard Club in the assembly hall of the
Hotel Ansley next Sunday morning
at 11 o'clock on “The Need of a Great
Modern Educational Institute in
Atlanta™
Dr. Charles ¥. Crouch, the presjdent,
will o}morul!‘n the club at his home.
near Grant Park, Friday evening from
8:20 to 11:30 o'clock. An I'r‘\?orm.]
diversified program has been ars
ranged, including “A Wee Bit o' Scot
land," by Dr. A. B. Smellle and oth
ers. Mrs. Fern Savitz and Miss Myra
Grow will have special music.
I’l ATLANTA GEORGIAN
Tremendous Hardships Are En-’
countered by Explorers After
Ship Founders in Ice Floes.
(By International News Service.)
LONDON, June 2.—Moving pictures
have been given a permanent place in
the realms of science by Sir Ernest
Shackleton, the famous British ex
plorer, who has just arrived at Port
Stanley, in the Falkland Islands from
the Antarctic continent. Moving pic
ture records were taken of the adven
turous trip in the South Polar regions
and will be exhibited before the Royal
Geographical Society and other scien
tific bodies. ]
Further details of the Shackleton
expedition are contained in late mes
sages received from Port Stanley.
While Sir Ernest failed in his original
intention to cross the Antarctic con
tinent his trip was not wholly un
successful. Among the achievemgnts
was the discovery of 200 miles of new
coast line, which has been named
Cairds coast, complete hydrographical
survey of the Weddell Sea and im
portant biological records.
To the lJayman the most interesting
part of the expedition was the stage of
it so filled with peril and adventure
following the crushing of the explo
ration ship Endurance by icebergs.
The members of the party found
strange climatie conditions, .
There was no sunyner period at all,
and early in February the temperature
fell below zero. For a thousand miles
or more thg Endurance was forced
through the ice. Great bergs, 40 to
b 0 feet high, reared themselves above
the ice fields and at times the tidal
pressure was so strong that cakes of
ice weighing 20 and 40 tons were
tossed high in the air, falling with
thunderous crashes upon the floes.
When the Endurance finally foun
dered, after being battered for months
by the ice, the hardships endured by
the men with Shackleton were so se
vere that at least two of them were on
the verge of insanity and were so
weak that they had to be carried.
~ The three weeks’ trip from Elephant
Island to South Georgia Island across
the storm-tossed South Atlantic in
an open boat was filled with constant
'danger. The weather was cold and
lwindy, the seas were rough and tne
‘boat was rocked about so violently
\thut Shackleton and his five compan
ions had difficulty in getting any rest
and in keeping the small craft on her
course. In spite of the privations,
however, Sir lirnest is in good health.
He is insistent that assistance be sent
without any delay to the twenty-two
men left behind on Elephant Island.
They are living in ice caves on the
bleak and storm-swept coast with but
a slender store of provisions to sus
tain them.
King George sent the following tel
egram to Sir Ernest:
“I rejoiced to hear of your safe ar
rival in the Falkland Islands and
trust that the men on Elephant Is
land will soon be rescued.”
The explorer replied:
“On behalf of the men in the Ant
arctic expedition and myself please
convey to the King our respectful and
dutiful thanks for his majesty’'s gra
clous message to me and his kind
solicitude for those of our party left
behind on Elephant Island.”
.
Boy Scout Organizer
Talks at High School
{ A
Lewis Buddy, here to arouse inter
est in the Boy Scout campaign, shared
thirty minutes with Judge A. O.
Wright; of Jacksonville, Admiral of
{ the Confederate Navy, in a talk to the
assembled classes of the Commercial
High School, Friday afternoon
Mr. Buddy discussed the Secout
movement and what it means to the
high school boys, while Admiral
Wright talked on his approaching lec
ture at the Auditorium on the Con
federate Navy for the benefit of the
Stone Mountaif Memorial.
Take Seat on Bench
Judge Robert Hodges, of Macon, will
enter upon his duties on the Court of
Appeals bench Tuesday, when Judge
Richard B. Russell, chief judge, will re
tire to join the race for Congress from
the Ninth District.
The retirement of Judge Russell closes
a career of splendid service in the Court
of Appeals. He has been ap{winted a
trustee of the Georgia Normal and In
dustrial College, Milledgeville. He was
the author of therfirst bill introduced in
the Georgia Legislature for the estab
lishment of such a school. Judge Rus
sell also has been a trustee of the Uni
versity of Georgia afdd the public schools
of Athens and Winder, his home.
Bt et
Law Students Are
Thirty-three students of the At
lanta Law School Friday were dis
cussing the banquet of the Klli
patrick Library and Debating Soci
ety, given at ?b Hotel Ansley on
{ Thursday evenins,
C. M. Featherston was toastmaster,
and addresses were made by several
students and Dean Hamilton Doug
las.
Fined for Sticking
Mule With Ice Hooks
Though Abner Wright, negro, pro
tested It was an accident, he was
fined $25.75 by Recorder Johnson for
sticking a pair of ice hooks into the
mule he was driving.
“You did it on purpose,” said the
Recorder. “You ought to be fined
18100, but I'll make it $25.75 or 30
days.”
Boy Missing From
' gis Hapegille Home
I J. L, Henderson. of !h\pe\'lllo. was
jalarmed Friday for th safety of his
son, Leonard, 13, who has disap
peared.
The boy was missed when he failed
1o appear for work Thursday at the
place of the &I\l Plumbing Come
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ladelphia, for particulars, i PHILADELPHIA e
From Stone to Sheepshin—
from Pompeii to Philadelphia
The Art of Advertising is as old as
the world. Evidence of this has
come down to us in the relics
of long-vanished civilizations. We
know how advertising was demon- ’
strated in the days of Pompeii.
Those Copymen of 2000 years ago
were masters in their way, but great
as was their skill, advertising was
denied the dignity of the Sheepskin.
This symbol of academic apprecia
tion was never conferred upon the
craft,
Today, however Advertising has
come into its own. It is recog
nized assomething greater than any
Art or Science because jt colors the &
whole fabric oflife more intimately.
It is a world-wide power for good
in spreading the gifts and benefits
of civilization among all the peoples
of the earth.
Its battles are legion. Its successes
colossal. Advertising creates; civ
ilization clarifies, estimates, applies.
Advertising is the friend of every
man, rich or poor; maker of things,
or user of what others have made.
Advertising has won its place be-
cause of its enormous potency as a
factor in the business life of the
world. Itdisseminates knowledge;
binds far countries together. It is
a force for raising the standard of
living, and making what were once
only the luxuries of the rich the
necessities of the poor.
And now the great University of
Pennsylvania—a famous seat of
learning—has conferred the Sheep
skin on Advertising. When rext
June arrives the advertising frater
nity of the world will gather within
its doors at Philadelphia. They
will number 10,000 and more stu
dents of life—life that embraces all
the science, economics, culture and
artof the ages—lo,ooo wide-awake,
vigorous, hustling, practical men of
business. 50
The course will be short, but-—;t?
benefitsofinestimable value. Sparks
will be struck from the contact of
keen minds that will kindle new
fires of optimism, of courage, of
understanding amongst men.
Come to Philadelphia, June 25th to
30th.
FRIDAY, JUNE 2, 1916