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1 Summary of Laws Relating to Lynching of the State, except Texas, Having More than 25 Lynchings in Past Thirty Years: Prepared for the National Conference on Lynching, Held at New York, May 5 and 6, 1919 [1] (1919)

handle is hein.scsl/smlwrln0001 and id is 1 raw text is: Summary of Laws Relating to Lynching of the States (Except Texas) Having More Than 25 Lynchings in Past Thirty Years Prepared for the National Conference on Lynching, held at New York May 5 and 6, 1919, under the direction of John R. Shillady, Secretary of the Conference Committee on Arrangements and Secretary of the National Association for the Advancement of Colored People. STATE ALABAMA Constitution of 1901 Code of Alabama. Annotated 1907 General Acts of Alabama 1915. Laws Specifically Directed Against Lynching Two or more persons abusing, whipping, or beating another to force him to leave neighborhood, to confess, etc., are guilty of an offense. Reasonable distance may be pre- scribed in the vicinity of jail within which persons may not come. Laws Against Mobs, Riots, Routs, Etc. Unlawful assemblies are pro- hibited. Failure to disperse when com- manded, a felony. Authorities may clear the streets. Right of Ste Executive to Act in Cases of Mob Violence Governor'may call out militia in his discretion. When legally and formally noti- fied of riot, etc., must call out militia. Governor may direct militia to act under his immediate orders. Governor may offer reward for apprehension of absconding felon. Attorney General has authority to appear before any Grand Jury or to present indictments concern- ing any violations of the laws of Alabama, and may give solicitors of several circuits instruction, ad- vice, etc., in any cause in which state is interested. Duties of Civil Officers in Cases of Mob Violence Sheriff, deputy or jailer, permit- ting lynching of his prisoner is punishable by fine and imprison- ment. Civil officers have power to call on Governor tor troops when posse is insufficient. Civil officers may call out troops themselves when there is no time to call upon Governor. CIVIL REMEDIES Fine or imprisonmen I i. twelve months, or both. Night-riding is a felony. Governor may call out militia, Civil officers have power to call Night-riders, whitecaps, etc., upon proper notification given him. out troops, in event of urgent ARKANSAS seeking to alarm or intimidate, or Governor's consent necessary for necessity. alarming or intimidating a person militia of another state to enter Statutes of or persons, are guilty of a felony. Arkansas. Arkansas Death of a victim of night- (Supp. toKirkby's riders, whitecaps, mobs, etc., is Digest. Castle murder and punishable as such. 1911 Annotated.) To seek to frighten another from doing any lawful act is a misde- meanor. A combination of two or more Affrays, riots, mobs, etc., are un- Civil officers to command mob to Fine not exceeding $1,000. persons to interfere forcibly with lawful, disperse. Imprisonment not exceeding five FLORIDA any department of government, Destruction of property by an To demand assistance of citizens years. etc., or to war upon any part of unlawful assembly is a felony, in dispersing mob. Compiled Anno- the people of the state, or to re- Failure to disperse, when com- tated Laws of move such people by force, or to manded, even though not a rioter, Florida 1914. disguise to obstruct due execution makes one a rioter and open to of law, or to obstruct officer, etc., punishment accordingly. is criminal and punishable as such. Persons not to mob or lynch Riots, routs, unlawful assemblies, Governor, in case of mob vio- Civil officers to summon citizens Imprisonment not less than one citizens of state, and death as a re- etc., are criminal. lence, may declare a state of in- to aid. nor more than twenty years. sult of lynching is murder and' Failure to disperse when com- surrection. Persons so summoned to bring punishable as such. manded is a felony. Governor, when properly noti- weapons. Militia to have control of streets, fled, may order out troops. Failure of person summoned to GEORGIA respond, or failure of officer to try Parks Annotated to suppress mob violence is a mis- Code of Georgia demeanor. 1914. Civil officers to request aid of governor where riot is too strong for posse. Judge of Superior Court may change venue on own motion where lynching, is feared. Two or more persons banded to- Riots, routs, affrays, etc., are Governor or County Judge may Officer hAving custody of pris- Imprisonment in penitentiary not gether to inflict punishment on unlawful, offer rewards. oner may summon aid of citizens less than one nor more than five Kentucky Statutes another are guilty of a felony, to protect said prisoner. years. Carroll 1909. Prisoner in jail may be armed. Unlawful assemblies are criminal. Governor, upon proper notifica- Civil officer to disperse unlawful tion of official dereliction in appre- assembly. hension of offender, may issue his Special provisions for dispersing order to parish officer to arrest ac- mob in Metropolitan Police Dis- cused. If charge be a capital one, trict of New Orleans. LOUISIANA an examination before District Officer taking part in unlawful Marr's Annotated Judge will be had. A District At- assembly, or militiamen refusing to Revised Statutes torney required to represent state. serve, is guilty of a crime. of Louisiana. 1915. Attendances of witnesses may be enforced by attachment, etc. Testi- mony reduced to writing, and on trial, written testimony is compe- tent evidence if witness is dead or out of state. Threats to injure person or prop- Governor, properly notified of Sheriff's duty to keep prisoner erty of another are criminal, mob violence shall order out safe. MISSISSIPPI troops. Defendant to be removed to jail Mississippi Code of another county, where safety in (Annotated) 1906. county where crime was com- mitted is jeopardized. Officer evading duty punishable. Unlawful assemblies, riots, etc., Peace officers to disperse unlaw- are punishable. ful assembly. Failure to disperse or to join posse when commanded is a mis- demeanor. MISSOURI Neglect or refusal of officer to Revised Statutes perform his duty is a misdemeanor. of Missouri 1909. Civil officers to issue proclama- of Mssori 109.tion to keep minors within doors. Solicitor of judical district in which lynching occurs is to im- mediately commence an investiga- tion thereof. Conspiracy to break or enter, or Contumacious witnesses upon an Sheriff, believing lynching about Fine or imprisonment or both, breaking or entering any place of investigation of a charge of lynching to occur, shall call for guard-if fine being not less than five hun- confinement with intent to kill or may be effectively handled, county commissioners fail to re- dred dollars and imprisonment not NORTH' injure prisoners is a felony. spond and jail is entered and less than two nor more than fifteen complete jur- prisoner killed, county is liable in years. aRoNA isdiction in all cases of lynching, and damages, to be recovered by vic- Entire cost of investigation and LarofNorths trial is to take place in adjoining tim's personal representative, by trial in all cases of lynching to be county, action in superior court of any paid by county in which lynching Revisal) 1908. Participants in lynching must county in the state, occurs, and solicitor to receive one testify. hundred dollars for making the in- vestigation. Where the purpose of any riotous RotrtiTm, ntsUnnotil as ' ia b-otie fficers to per- Not Iess tli- thr-ee n o r -more assembly was to resist the execu- etc., are unlawful, form their cduties is a misdemeanor. than ten years. tive of the laws, or to obstruct a Participation in riot is a misde- It is a misdemeanor to attempt public officer, a participant therein meanor, but is a felony if guilty an intimidation of a judicial or OKLAHOMA is punishable by not less than three person carried deadly weapon, or ministerial officer. nor more than ten years' imprison- was disguised, or solicited other Compiled Laws of ment. participants to acts of violence. Oklahoma An original lawful assembly, Failure to disperse, when com- (Snyder) 1909. afterward committing act tanta- manded is a misdemeanor. mount to riot, becomes thereby a riotous assembly. Conspiracy to prevent or obstruct justice is a misdemeanor. Sheriff to protect prisoner by Parties injured either in person guard or posse. or property as a result of any mob Refusal to serve when called is or riot have an action against the SOUTH an indictable offense. county in damages. CAROLINA Sheriff permitting lynching of his Persons injured by mob may sue prisoner to be deposed from office participants. Constitution of and to be ineligible thereafter to County commissioners may bring 1895. Codedf.hold office. suit against constable or sheriff. (Annotated). Circuit courts have jurisdiction in the case of action brought for damages. Sheriff permitting prisoner to be lynched is guilty of hi gh misde- meanor in office and is forever in- capable of occupying position of TENNESSEE trust or profit. Code of Tennessee Upon an indictment against (Annotated) sheriff for permitting lynching, dis- Shannon. 1898. trict attorney may file indictment without the usual formal require- ment that there be a complaining witness. VIRGINIA Conspiracy to incite whites vs. Riots, routs, etc., prohibited. Virginia Code Negroes or vice versa is felonious (Annotated) and punishable by not less than five Pollard. 1904. nor more than ten years. Riots, routs, unlawful assemblies Governor may offer rewards, em- All judges, and justices to dis- WEST are crimes, ploy special officers, and call out perse rioters, etc. VIRGINIA Obstructing officers is criminal, militia in his discretion. Failure to try to disperse rioters, West Virginia Code Civil officcrs to notify governor. (Annotated) 1913. But if riot cannot be speedily Supp.1918.suppressed, civil officers may call Supp. 1918.out militia. * Two states, California and Wyoming, having 26 and 34 lynchings respectively, have not been included as only a small number of lynchings have occurred during the last twenty years. Texas has been omitted only because we have been unable to secure access to the laws of that state in time for the Conference. No codiication of Texas laws could be found in New York libraries. Legislation of 1918 on this subject, if any, is not yet available. (May 1, 1919) IE- T /7 PUNISHMW,,

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