642
THE GREEN BAG
The attorney who appeared for the and dignified trial, but will be strung up to assassin of President McKinley, when ad a tree on the bare suspicion that someone dressing the court, contributed a real ser may hold the belief that they have com vice to the peace and good order of society mitted some crime." Too strong emphasis cannot be given the injdeclaring that mob-law is worse than anarchy. Most of us abhor and condemn above sentiment. It is the patriotic out the man who does not believe in any law, burst of a good citizen. It voices the hope or any form of government. All feel that of all law-abiding people. To say, as has such doctrines are dangerous; are criminal; been said, that past crime must be met with that they will overthrow our government present crime in order that future crime may in time if they are allowed to prevail. But be avoided or prevented, for this is what this jurist, while conceding the danger that the mob says, in effect, is a most intolerable would follow the prevalence of anarchistic and monstrous doctrine. It is foreign to all doctrines, declared that he did not believe human government and to all truly civilized it created, or would create, a danger equal peoples. Let us beware of all such false to the belief, becoming so common, that and vicious doctrines. It is the reign of men who are charged with crime shall not law under the forms of law that is the true be permitted to go through the form of a test of all civic virtue. trial in a court of justice, but that lynchPresident Tucker, in his address before law shall take the place of the calm and the' American Bar Association, has said that dignified administration of law by our we are a much-governed people; that laws courts of justice. "When that doctrine are enacted for almost every conceivable becomes sufficiently prevalent in this coun object and purpose. Inferentially, we con try" he says, "if it ever does, our institu clude that he believes there are too many tions will be overthrown, and, if we are laws covering too many phases and condi not misinformed as to the state of mind of tions of human life on our statute books. some people in some parts of the country, There is truth in the observation, but not the time is fast approaching when men the whole truth. When we consider that charged with crime will not be permitted one phase of crime has become so common as to come into court and submit to a calm to be denominated a "habit" of our people; the premises. The penalty for inflicting " material that we have become incapable of punishing damage to the property or serious injury to the this crime under the existing order; that person of any other person upon the pretense of this crime is increasing in frequency and in exercising correctional powers over such person or the brutality accompanying it; have we not persons, by violence and without authority of law." is imprisonment in the penitentiary not the evidence, clear and positive, for yet other legislation, — legislation which the changed exceeding five years. The effect of this legislation would be most conditions of our social and political life im salutary were it not for the objection which has peratively demand? It is not, perhaps, that been suggested in our main article, viz: Inability we need laws for another subject, but more of our courts to grant the relief which the various stringent laws for securing the certainty of provisions of this law contemplate, mainly due to the fact of being unable to secure an impartial punishment of a class of criminals now per jury. Perhaps, however, the love of law and mitted to go free with the accompanying order, among the citizens of Illinois, exceed that benediction of the masses. of other states, in which ca?e, we may be able to Incidentally, I hear it replied to my con see some effective results of the practical workings tentions, that it will be exceedingly diffi of this law. Of course, it is too early to pass judgment upon this law at this writing (October cult to secure the amendments and enact 14, 1905), but the purpose of the law is sound and ments suggested. This may be so. But it meets the writer's approval. is no answer to the necessity for the same.
