Newspaper Page Text
6
ATLANTA, GA.
ALSTON TELLS LAWYERS
U.S.CANSTOP LYNCHINGS
TYBEE ISLAND, June 2.—ln a pa
per concerning lynching, read be
fore the Georgia Bar Association to
day, Robert C. Alston, of Atlanta,
created a stir by demonstrating that
the Federal Government coul dlegal
z step in and protect citizens of
sorgia or any other State against
lynching.
In demonstrating this Mr, Alston
showed how the Constitution gave the
Federal Government such power, and
he sounded a warning that such pow
€r might be utilized if lawlessness In
Georgla did not cease. What might
be cal'ed the text of Mr. Alston's ad
dress, which covered twenty pages
apd which cited all authorities nec
essary to his points, was:
‘That the Federal Government
guarantees in the Constitution that
no State shall deprive a person of
life, liberty and property without due
process of law, that the act of the
Sherift, jaller or other officers in al
lowing a mob to lynch a prisoner is
the act of the State; that the Gov
Principles and Rules of Law
Defended by Luther Rosser
TYBEE ISLAND, June 2.—The fea
ture of the annual session of the
Georgla Bar Assoclation was the ad
dress by Hon. Luhtre Z. Rosser, of
Atlanta, .on “A Comparison of Our
Criminal Judicial SBystem—lts Defects
and Enforcement.”
Mr. Rosser's address was an elo
quent defense of our principles and
rules of legal procedure, 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 Geor
gla system with that of England, he
pointed out that “if our system Is
defective in operation, it is the fault
not of the system, but of the opera
tors. . If it is ineffeetual in’the gn
forcement of the law, the fault is
chargeable to the judge, the solicitor,
or to the jury—to 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,
honegt, impartial judge; and that,
too, in spite of their election by
the people and the miasma of
polities 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 thé term In nicely
balancing and obeying public
oglnlnn. and closes it with a vote
of the bystanders. Such a judge
is a curse Instead of a blessing,
and under his guldance the best
Judicial system will halt and
stumble and be saved from a com
glote breakdown only by its in
erent strength.
GEORGIA SOLICITORS,
The Georgla Solicitor General,
- handicapped as he is by polities
and fees, does better than ought
. to be expected of ordinary hu
man nature. From both he ought,
for his own and the public's
- Bood, to be delivered. 8o deliv
ered, the strong could not em
- barrass him and the weak and
helpless would be sure of his
protection, and he would lose
« much of that flerce partisanship
~ and unbridled advocacy which
- an English judge would not for a
: mmcnt tolerate in Crown coun
¥
. GEORGIA JURIES.
The jury system in America, as
in England, !s sacred. None but
the most stupid can hope to abol
ish it, and yet no other human in
stitution so deeply affecting life
~~ and liberty is soo Inherently weak.
g In rrmlce, it is drawn, even in
capital cases, by lot from practi
"~ cally the full body of naturalized
< adult white men of the county;
, " and, in some countles, a consid
erable number of negroes.
f This presupposes either that
all v hite men, reinforced by a
few negroes, are fitted by temper
. ament, intelligence and charac-
Ater to wisely try the accused,
or that the accused ought to take
the risk of drawing, by chance,
~ enly fit persons from so large a
body. For either of these suppo
sitlons there is no sound basis.
Out of so large a body not & few,
from temperament, prejudice and
~ lack of courage or capacity, are
- unfit jurors, and few men have
the courage to mete out justice
impartially when the multitude
| ¢lamors for blood, and fewer still
. who have the clear intellect es
- sential to untangling difMcult and
- ecomplicated cases,
Can there be greater legal
_ heresy than that any white man
. outside the asylum and the chain
.gang can pass wisely and effi
- clently on every cgse? Such a
, theory is held in no other of life's
~_ activities. The ordinary man
“,, could not be convinced that l&
L would be wise to select by
- from the body of the county's
male adults a man to shoe a
4 borse, shear a shep, or dig a
. diteh; nor would an efMclercy
+ expert select by lot, even from the
- body of horseshoers, sheep
shearers or ditchers,
. _That only intelligent and up
_» right men shall be placed in the
- Jury box are brave words: bdut
what jury commission can select
none but intelligent and upright
men and will put none others in
the box? In this State, the fic
tion that all men of age to vote
" are Intelligent and upright is al
most, if not gquite, as firmly fixed
as is that other fiction that all
men are’ born free and equal
in spits of this, in most cases
substantial justice has been and
will be done: but ‘ln the future,
* &8 In the past, there will be cases
* of gross wrong and Injustice.
% This would be 80 even if the sys
tem was Inherently much strong
er. No human svstem, no matter
how wisely planned and coura
" geously operated, will always
L Work out the right and escape
error and Injustice,
JURY VERDICTS NOT SACRED,
That the verdict of a jury is n
* fallible and sacred against inspec
tion, reversal or avoidance is only
the hypocritical cry of the igno
rant or vicious politiclan. Bvery
thoughtful man knows that the
history of the past is full of un-
Just verdicts, made at the com
mand of place and power, and
that many others have been made
And will hereafter be made, until
_ buman nature has reached a de-
L of perfection not yet at
through inadvertence or
‘ernment can therefore legally step in
and put a stop to such acts.
- “I have not spoken of these powers
that a way may be pointed out to
the Federal Government by which
its powers may he extended,” said
Mr. Alston. “No man desires more
than I that those powers be not ex
tended 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 I that
it be dealt with wisely, frankly and
generously. But it {s Intended by
what has been said to point out to
you and those whom I 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,
lti)}o"vcry fundamentals of domestic
e,
ignorance, or under the spur and
press of publie passion and preju
dice, Within the last two years,
in one of the largest cities of this
State, a man being held as a wit
ness in a burglary case was tried
and convicted, in spite of his vio
lent protests, In the place 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 identified
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 verdict of a jury, not
learned, not trained for the work,
selected not for their fitness to
BAsSS upon the particular case, but
by 1ot? Our courts of last resort
have no jurisdiction to review
verdicts, but must let them stand,
no matter how foolishly and vi
clously unjust. It is not too much
to expect that some Adolph Beck
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, “T believe the prisoner in
n;went. but I am powerless to ald
him.”
No one claims infallibility for
all verdicts, but only for. verdicts
of guilty. Only verdicts of acquit
?ml are ever viclous and corrupt.
ndeed, verdicts are sacred only
when they meet the approval of
the people, and the people care
but little unless the jury disre
gards the cry of “Crucify him!
Crucify him!”
DO JURIES TOO OFTEN
ACQUIT?
Grant that our juriés too often
acquit; the whole juldicial Sys
tem should not be ‘indicted, but
the jurors only. They are the
masters of the facts, uncontrolled
by judge, Solicitor or defendant’'s
counsel. llf they err in acquittals,
as dogbneu they often do, why
not {h convictions? llf honest,
they will err both ways, not oft
eéner one way than the other. Ju
ries are not impaneled to convict,
but to convict or acquit as ju; tice
may require. When in reasonable
do*!. 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 Is usually the case, he
;‘um with a presumption of
ility and quickly ends with a
convietion,
The abnormal prevalence of
crime, even If it exists, does not
indict our legal system, but the
character of our people, Violent
crimes against the person are
alarmingly frequent,
DELAYS,
Our courts may not in all cases
move as swiftly as Pnglish
courts, but in the mnjorlty of cases
the Georgla court violates the
speed limit. It has been boasted
that an English court can dis
ron of a murder or rape case in
wo hours and an arson case in
four hours. This record is often
met by Georgia courts. I have
heard a Georgla judge boast
that he had tried twenty felonies
in one day-—a record for -?ood
that any English judge m ght
envy. Comparisons unfavorable
to Amerlcan courts have been
made between the Thaw and
Rayne cases. Nothing could be
more misleading. No one can
tell what would have been the
‘h‘:d“h of the Rayne case if he
had the goduon and wealth
of Thaw and hig family. For
the poor, weak and defenseless
the journey to tha gallows is al
ways a short one, but 1t s
g:.trla lengthened in the case of
h, Influential and power
ful. Many thugs met their fate
during the nine years occupled in
the Impeachment of Warren
Hastings. Lord Melville's im
peachment in 18505 has been
aptly designated as “not an im
peachment of waste, but a waste
of Impeachment.”
Speed is not everything, nor
always to be desired. In the law,
&s nowhere else, is haste so
likely to make waste, Lynching
may, and it is feared often does,
take place in the courthouse,
Not every trial is a trial by law,
Judge Lynch &an sit in the
courthouse as well as on the
highway., When to his interest,
he can sit by proxy as effectively
as 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
truays,
el LYNCR?;(:& a
ne now rACes, an
has lon“:lunnb. the State of
Georgla, more 8o than any other
State, except Mississippl _ and
Loulsiana. From 1890 to 1905,
there were In Georgia 238 lynela'-‘
Ings; In Mississippl 249, and
Loulsiana 224. Georgia now sur-
Passes all of the other States of
the Unlon. Of the 78 lynch.
ings In the United States from
January 1 to October 11, 1915,
?1*& 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 19186.
The public consclence has been
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 \315 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, 2; 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; mow white
men are liberally included. In
1915, 42 were negroes and 21 whites,
For 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 be
. cause the aroused passions of the
mob want no law and will walt
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, walts on no court, and is
satisfied with no punishment
which It does not select and
which it does not inflict. No
legal sentence is severe enough,
no legal execution s brutal
enough. The mob wants to rend
and tear—mutilate and burn. It
will not tolerate the Sheriff as
executioner, ‘“Vengeance is
mine,” saith the mob, “and I will
wreak it now in a whirlwind of
passion and blood-"
The law is the child of clviliza
tion—the mob is the spirit of the
Jungle and it will no more walit
upon the law than would the jun
gle on clvilization.
In England, the King pardons
and reprieves and the courts
reprieve, and yet Englishmen
do not lynch. In Delaware,
Maine, Massachusetts, New
Hampshire, New Jersey, 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 yet for the first six months
~ of that year Georgla furnished ‘
one-fourth of the lynchings In
| the United States, |
l The President 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
lynching or condones it under
the pretense of defects in our le
gal system or the misuse of the
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 ‘rom courts
which he claims are inefficient,
and from Governors he charges |
are faithless.
r |
|
| At the Forsyth.
~ “The Girl from Milwaukee,” singer
who does not disclose her name, but who
never falls to score emphatically, is one
of the features of the Keith vaudaville
bill at the Forsyth this week. An of
fering in which melody and gorgeous
scenic effects are combiped 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. Dedlc Velde and company
have 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. Bach moment is
brimful of comedy ‘‘punch.”
At the Strand,
“The All-Seeing Eye,” the eye that
searches the very innermost recesses of
the soul, Is the basis of the mystery
feature, “The Eys of Gdo,” the Blue
bird feature at the Strand today, with
Tyrone Power and Loils Weber in the
leading roles. There is thrilll action
and heart Interest in the prntfiuccion.
Tomorrow Theda Bara will be seen again
in the f"" Fox production, “The Eter
nal Sapho.” This will be the last show
ing of this big production in Atlanta.
| At the Pledmont,
waThe management of the Pledmont
Theater has secured the pieture taken
yesterday of the Shriner parade, and will
show it today and Saturday. The en
dire parade was taken and will be
‘shown, as well as the large crowds u
the streets and other Incidents of m
day. This, of course, is extra to the
regular l"r‘dny and Saturday program.
Fanny \\'-r% will appear In the Lasky-
Paramount feature, A Gutter Magda
lene,” and Harry Watson_ in & new
“Mishaps of Mu.{y Suffer."”
st it
Pastor Will Address
The Rev. John M. Rowlett, acting
pastor of the Universalist Church of
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
Medern Educational Institute in
Atlanta.”
Dr. Charles F. Orouch, the president,
will entertain the club at his home.
near Grant Park, Friday evening from
£:3O to 11:30 o'clock. An informal
diversified program has been ar
nnrd. including “A Wee Bit o' Scot
land," by Dr. A, B. Smellle and oth
ers, Mrs. Fern Savits and Miss Myra
Grow will have special music,
‘THE 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 exhlbited before the Royal
Geographica! Society and other scien
tific bodies.
Further details of the Shackleton
expedition are contained in late mes
sages recelved from Port Stanley.
While Sir Ernest falled in his original
intention to cross the Antarctic con
tinent his trip was not wholly un
successful. Among the achievements
was the discovery of 200 miles of new
coast line, which has been named
Calrds coast, complete hydrographical
survey of the Weddell Sea and im
portant biological records.
To the layman the most interesting
part of the expedition was the stage of
it so fllled with peril and adventure
following the crushing of the explo
ration ship Endurance by icebergs.
The members of the party found
strange climatic conditions.
There was no summer period at all,
and early in February the temperature
fell below zero. For a thousand miles
or more the Endurance was forced
through the ice. Great bergs, 40 to
60 feet high, reared themselves above
the ice flelds and at times the tidal
pressure was so strong that cakes of
ice weighing 80 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 sc 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
windy, the seas were rough and tne
boat was rocked about so violently
that Shackleton and his five compan
fons had difficulty in getting any rest
and in keeping the small craft on her
course., In spite of the privations,
however, Sir Ernest is {n 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 tollo‘vlng 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 ls
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
~ Lewis Buddy, here to arouse inter
est in the Boy Scout campalign, 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 Scout
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 Mountain Memorial.
st
Judge Robert Hodges, of Macon, will
enter upon his duties on the Court of
Ar;-enls 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?olnted a
trustee of the Georfiu Normal and In
dustrial College, Milledgeville. He was
the author of the first 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 Georgla and the public schools
of Athens and Winder, his home.
Thirty-three students of the At
lanta Law School Friday were dis
cussing the banquet of the Kil
patrick Library and Debaunf Socl
ety, given at the Hotel Ansley on
Thursday evening,
C. M. Foatherston 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 $25.76 by Recorder Johnson for
sticking a palr of ice hooks into the
mule he was driving, /
“You did it on purpose” said the
Recorder. “You ought to be fined
SIOO, but I'l make it $25.76 or 30
days.”
Boy Missing From
gis Hapegille Home
J. 1. Henderson, of Hapeville, was
alarmed Friday for the safety of his
son, Leonard, 13, who has disap
peared,
The boy was missed when he falled
to appear for work Thursday at the
place of the Baxger Plumbing Com-
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Write the ‘' Poor Richard Club, Philadelphia, for particulars. \ 4 PHIA Gr—
From Stone to ébeepsfiki‘n——
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 it colors the
whole fabric of life 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 next
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. " il
The course will be short, but its
- 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.
Cor:c to Philadelphia, June 25th to
30th.
FRIDAY, JUNE 2, 1016,