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PREFACE TO VOLUME TEN vii

side meddling served only to increase their determina-
tion that Frank should suffer death.

Here Justice received its first wound. Every civ-
ilized nation has determined that the guilt or inno-
cence of one accused of crime and the punishment to
be meted out to the criminal shall be decided by reg-
ular Courts of Justice presided over by trained jur-
ists, assisted in moat of them by twelve laymen—called
a jury. This is the best that civilization has been able
so far to evolve. These tribunals may sometimes err
whereby innocent men are sent to the gallows and
guilty men are set free, for no human system is per-
fect. But the agitation in the Frank oase was a pro-
test against this historical and well-ordered method.
It was a clamor that questions of guilt or innocence
should be decided not by the established tribunals but
by popular vote. It was a demand that those tribu-
nals should solve the problem, not according to the
opinions of its judges founded upon the evidence, but
upon the views of the multitude, founded upon senti-
ment and rhetoric, It is perfectly clear that this is a
denial and negation of all law and of all authority.
It is simply Lynch Law, exaggerated and popularized.
‘We cannot try issues of this kind in this way; we can-
not decide the guilt or innocence of an accused man or
woman by a show of hands in a town meeting or by
counting noses on the street. And the people of no
state in the American Union are going to acquiesce
in this kind of proceeding. No citizen of one state is
willing to submit to the inhabitants of the other states
the question whether the decisions of its own tribunals
are right or wrong and should or should not be en-
forced. And this is what happened in Georgia.

From the citizens of Atlanta, indignant at the

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