ROBERT W.WOODRUFF FIBRARY Mo45 ROBERT E. LEE HALL, BUTE RIDGE N. C., WHERE THE CONFERENCE WAS HELD. LAWLESSNESS OR CIVILIZATION WHICH? REPORT OF ADDRESSES AND DISCUSSIONS IN THE LAW and ORDER CONFERENCE, HELD AT BLUE RIDGE, N. C., AUGUST 4th, 5th and 6th, NINETEEN HUNDRED AND SEVENTEEN EDITED BY W. D. WEATHERFORD CHAIRMAN OF THE CONFERENCE AND STUDENT SECRETARY OF THE INTERNATIONAL COMMITTEE OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION WrllMMS PRIMTINa bOHMNY; MASWvru.'c CONTENTS [Resume of discussion follows each address.] pace 1. Northern Migration and Lynching in the South—W. D. Weatherford.... 3 2. Relation of Criminal Court Procedure to Mob Violence— Gilbert T. Stephenson 12 3. Officers of Justice as Preventives of Mob-Violence—C. Fletcher Quillian 23 4. Liberty and Security of Life, the Basis of Economic Progress— E. C. Branson 33 5. Religion the Basis of Respect for Personality—J. L. Kesler. 44 6. Exposure of Womanhood Through Lynching—Mrs. Arch Trawick 55 7. The Effects of Injustice and Mob-Violence on the Negro Race— John Wesley Gilbert 66 8. The Church's Obligation—Richard Hogue 76 9. The Relation of Depression to Health—Marion M. Hull 86 10. Fear and Uncertainty the Basis of Physical Breakdown—C. C. Menzler (Manuscript not available) 92 11. Justice the Basis of Efficient Labor Supply—Arthur Speer. 97 12. Mob-Violence and the Increase of Crime—A. M. Trawick 106 13. The School and the New Attitude Toward Human Life—Charles McTyeire Bishop 113 14. Constructive Conclusions 121 15. List of Delegates 125 16. Selected Bibliography 126 THE NORTHERN MIGRATION AND LYNCHING IN THE SOUTH W. D. WEATHERFORD. (Summary address delivered at closing session of the Law and Order Conference, Blue Ridge, N. C.) This Conference on Law and Order, with special reference to lynching, was called in the hope that there might be brought together a volume of intelligent and sane opinion on the most vital social topic that now faces the whole country. It was hoped that the publication of such a statement or set of state¬ ments would open the way to freer discussions and more heroic action. In summarizing the discussion of this Conference, it seems appropriate to say a word about the critical situation which gives additional meaning to our gathering. While this Con¬ ference was called before the migration North was well under way, and hence was not an afterthought to the movement, nev¬ ertheless this gathering has far greater significance just be¬ cause of this migration. During the winter of 1917 I was invited North to deliver certain addresses in university centers on the Race Problem as I saw it in the South. One day in Springfield, Mass., I picked up the "Springfield Republican" and read an article which stated that already 50,000 Negroes had come to that city from the South. A few days later I was in a very important confer¬ ence in the State of New York and a very prominent man from Chicago said to me that 30,000 Negroes had entered Chicago during the months of January, February and March, and that the real estate agents in that community were preparing to take care of 20,000 more. These are simply two specific illustrations of a very wide movement. It is variously estimated that from 250,000 to 1,000,000 Negroes have gone North. Nobody knows how many have gone, but perhaps somewhere between 400,000 to 500,000 would be nearer to the actual figures. 4 Lawlessness or Civilization—Which? This migration of the colored people North has had a num¬ ber of very distinct reactions on the American people: First—It has awakened the Southern people to the realiza¬ tion of the value of the Negro labor such as we have not form¬ erly had. We have been so accustomed to this labor that we have taken it for granted and have not seriously realized that all other labor supply, as well as the Negro, has an inefficient element connected with it. Second—At the same time the movement North has awak¬ ened the Northern white men to the great problem of taking care of and training the Negro laborer. Many a man who has gotten hold of shiftless labor has had a better understanding of Southern problems than in the past. Others who have se¬ cured some of the better Negro laborers have been made aware of a very great source of relief for their labor problems and are encouraging other Negroes to come North as rapidly as possible. The more thoughtful white people of the North are much concerned as to whether or not they can be to the Negro what they ought to be in the direction of educational and living conditions. Third—The Negro has been made aware of himself and of his capacity to move. Heretofore it has been considered not only by the Southern white people but most of the Negroes as an impossible thing for a Negro to move North. They have been told that the climatical conditions were not safe and that competition in the North was so severe that they could not stand the test. There is undoubtedly much truth in both of these statements, but the Negro race has come to the conclu¬ sion from this migration that there are many opportunities for the race and that they will try both the climate and the keen¬ ness of competition. The present indications are, therefore, that in the near future the race problem will be not only one of the South but one of the Nation. Though, as Ray Standard Baker, in an article in the World's Work of July indicates, the problem will still be primarily a Southern problem. Speaking of the influence of this migration upon the North, Mr. Baker says: "The migration is probably, next to emanci¬ pation, the most noteworthy event which has ever happened to the Negro in America." Lawlessness or Civilization—Which? 5 Let us consider briefly some of the reasons for this very large migration. The explanations given by the Northern pa¬ pers are largely social and legal; the explanation given by the Southern papers are quite largely economic; while the Negro press coincides quite largely with the Northern press with an added touch of bitterness. I have had a large number of clip¬ pings from various papers and have sent a questionnaire to fifty-seven of the leading Negroes of the South asking them to give me the reasons for this migration. So far as I am able to identify the drift of these opinions, I would say that the causes assigned are in the order named: (1) Economic; (2) Legal, by which I refer to the injustice in the courts as well as to the general uncertainty of life and property; (3) Social, by which I mean the living conditions in the South; (4) and Educa¬ tional. It will be worth while for us to consider briefly the first, third and fourth in order to get some little understanding of the second, which is our important concern in this confer¬ ence. There are in the South conditions which give rise to dissat¬ isfaction on the part of the colored people. For a number of years certain sections of the South have had exceedingly poor crop conditions. The boll weevil has practically destroyed the cotton crops of certain sections of Mississippi, Alabama and even Georgia. Drouths have almost destroyed crops in other sections in certain seasons. The consequence is that the tenant in the lower South has suffered severe financial loss for years past. Living as he does in a hand-to-mouth fashion even in the best of years, the pinch of poverty has driven him in these re¬ cent months almost to desperation and large numbers have thrown down what little property they have had and migrated to the North in order to make a living. Within a few months I have made a tour through certain counties of the black belt of Alabama and found almost every Negro cabin vacant and acres of land lying idle because there were no laborers to tend the same. One farmer who had been in the habit of working many Negroes for many years said there was not a laboring Negro in his county. On the other hand, the war conditions and rush of manufac¬ turing, particularly in the munitions factories, has made a tre¬ mendous demand for labor in the North. Many of the white 6 Lawlessness or Civilization—Which? laborers who had heretofore done the cheapest kind of labor have been called into the factories. This has opened a field of labor for the Negro which has formerly not existed. In order to get section hands, certain railroads have sent South and gathered up whole train loads of Negroes to keep their road¬ beds in condition. Other large industries that employ great numbers of rough laborers have sent labor agents South to gather workers. In like manner the Negro women of the South have been induced to go North. Many of the Northern white women who have formerly been in the domestic service have found more lucrative employment in manufacturing directions. The colored women in the South, therefore, have found a de¬ mand for domestic service at very much higher wages than they have been able to receive in the South. A fourth element has entered into the migration of the Ne¬ groes from the South. This is what might be called a psycho¬ logical aspect of the higher wages. I have had a good many Negroes tell me that they knew they could not save any more money in the North than in the South but they simply wanted to handle a little more cash. Of course there was always lurk¬ ing in the background of their brain the thought that a little more of the wages would stick to their fingers. The thought of moving, of unrest, has been in the air and many Negroes who were perfectly satisfied in their positions, who were doing well, have thrown away their little accumulations in order to go North. It is this dissatisfaction and throwing away of a good start that has caused men like Dr. Moton of Tuskegee to enter into an attempt to keep the Negroes in the South. An alleged reason for migration North lies in the social con¬ ditions under which the Negro lives. I do not mean by this that the Negroes are seeking for social intermingling; far from it. They resent the thought as strenuously as do we. I mean the handicaps of an unjust administration of law which puts them at social disadvantage, to wit, the failure to extend the sewerage system to the Negro section of the city, even though within the city limits; the lack of street paving in the section of the city in which they live; the poorer police protection of that section of the city; the poorer accommodations on railway trains even though they pay the same fare; the unfair treat¬ ment of the Negro on street cars and in other places of public Lawlessness or Civilization—Which? 7 business. These are among the most galling things in the life of the Negro. To illustrate, a good friend of mine, a colored man in Augusta, Ga., bought a little home up in the edge of a white section of the city. He told me it was not because he wanted to get away from the colored people but because he wanted to get to a place where the sanitary and moral sur¬ roundings would enable him to rear his children in health and decency. A prominent Negro of Nashville, Tenn., a lawyer and a bank president, was saying to me recently that he did not object to separation of the races on the street car but that he did seriously object to the discrimination against the Negro which arose out of the practical application of this separation. If one reads Negro papers one can not fail to see that this fact of social conditions is a powerful element in race migra¬ tion. "The impulsion", says The Union, a Negro paper, "is not political, it is economic, industrial, educational and protec¬ tive. The Negro goes North to withstand the grave antago¬ nistic climatic conditions because he wants to escape low wages, poor schools, lynching, man-burning, and bitter perse¬ cution. For half a century he has withstood continual and brutal outrages without redress, without proper recourse to law, with his testimony restricted, with no sentiment for the enforcement of law. These are the reasons for his flight to the land where at least there is a semblance of freedom." Or listen to this indictment published in a Negro paper as an open letter from a Georgia Negro to Governor Brown, speaking of the labor agencies who have lured the Negro North. He says: "First, mob violence and the lynchers; sec¬ ond, injustice in the courts; third, paying first-class railroad fare for fourth-class service; fourth, insults to their women and themselves on railroads and street cars; fifth, insults in public places, elevators and on the streets; sixth, the right to vote and bear arms in defense of their State denied; seventh, poor pay for their labor on the farms and public works, while convicts are often used to do the work free labor should be doing; eighth, poor schools for their children; ninth, no agri¬ cultural schools for their children, while they are taxed to pay for such schools for the children of their white friends; tenth, taxation without representation in the management of the gov¬ ernment; eleventh, no representation on the juries; twelfth, in 8 Lawlessness or Civilization—Which? some cities and towns, no parks, playgrounds or swimming pools for their children, yet they are taxed to provide such for the children of their white friends; thirteenth, segregation into the sickly parts of the cities where the streets are poorly kept and often neglected; fourteenth, poor encouragement for their efforts to do right; fifteenth, the white Church and its Christianity in the State, so far as I have been able to learn, except in a few cases of sporadic nature in the Southern Meth¬ odist, Southern Presbyterian and the Episcopal churches, is silent and passive on these wrongs. These, Mr. Brown, are a few of the labor agents who are taking our colored people away from Georgia and the South. Down deep in your heart, do you blame them? Can you blame them?" A group of the colored ministers of Birmingham, Ala., passed resolutions of protest against present conditions and urged Negroes to move North, giving as their reasons: First, prejudice; second, disfranchisement; third, Jim Crowism; fourth, lynching; fifth, maltreatment; sixth, boll weevil; sev¬ enth, floods. The Negro press of the country has been literally flooded with this type of justification of migration North. Evidently the colored press believes that a good deal of the migration North can be traced to present living conditions in the South. The fifty-seven Negro men in the South to whom I wrote ask¬ ing their suggestion as to the cause for this migration, an¬ swered very frankly and fully. Let me quote you a few of their answers in reply to the questionnaire as to the important ele¬ ments in this migration. One man writes, "Protection of life, liberty and property, cessation of hostile racial relations, higher wages and good schools will stop the migration." An¬ other, "Low wages, lack of freedom, injustice in present con¬ ditions is the cause." Still another says, "The chief cause is injustice in present conditions." This man is a very prominent and well-to-do man. Still another writes, "Lack of protection from mob violence, lack of wages, poor tenant houses, lack of freedom, lack of encouragement." Another man says, "We can stop this migration North, first, by the inauguration of a widespread movement to guarantee justice and fair play; sec¬ ond, by abolishing lynching; third, by making the Negro feel that he is a man and a brother and entitled to the rights and Lawlessness or Civilization—Which? 9 privileges of a human being." In his judgment injustice is "positively" the most important element in this Northern mi¬ gration. One could quote almost indefinitely from the replies coming from the outstanding leaders among the Negroes in the South. Another cause of unrest in the South, as alleged by a good many colored papers and a number of colored leaders with whom I have talked and from whom I have had written state¬ ments, is a lack of educational facilities. One does not need to enlarge on this for all who know the conditions of the Negro schools know how inadequate they have been and still are, though one would hasten to add that through the splendid work done through supervisors of schools these conditions are being remedied far more rapidly than most of us could have expected. It will be seen from this running account that injustice, mob violence, lynching play no small part in this Northern migra¬ tion. This is acknowledged by many of our best Southern papers; it is charged by the colored and Northern press. One may as well say here that we do not regret the Northern mi¬ gration, but one does regret the causes for it. It will be good for the North, the South, and the colored man for all to feel that the Negro does not have to stay South, but it will be good for none of us to feel that the Negro must leave us because of our inhumanity. This Conference which we have been holding brings out in clear relief the fact that the Negro does not feel safe in the South. He feels that he will be treated fair ninety-nine times out of a hundred but the hundredth time he will be mobbed. And no one of them knows when that hundredth time may come. As a consequence, a pall of fear and uncertainty hangs over the Negro man and he has a sense of depression which makes him inefficient and hopeless. It is the duty of every law- abiding, self-respecting citizen to see that this cloud is lifted from the path of the Negro. Our Conference has further revealed that lynching is a symptom of a widespread disease which is general lawless¬ ness. We do not have proper respect for the law. Each man feels he is an exception and should be exempt from petty regu¬ lations. We break the game laws; we disregard the police reg¬ ulations. The real truth is we have not the deep reverence for 10 Lawlessness or Civilization—Which? law that we ought to have. The disposition to forget the law easily runs into serious forms. We will not put down lynch¬ ing until we learn that breaking the law even in small ways lays us open to all forms of lawlessness and renders us essen¬ tially a lawless community. Under such conditions, we need not look for safety of life or property. Perhaps one of the most vivid impressions of this Confer¬ ence is the realization that all lawless action debauches public opinion. We have been horrified by the cruel details of the St. Louis riots. We have been made sick at heart to know that seventy-five parents in a Southern city recently wrote excuses to the principal of the public schools in order that their chil¬ dren might attend a horrible lynching scene. We can hardly believe that any of our fellow-citizens could be so brutalized. Compared with this, no German atrocity seems over brutal. We must not only stop lynching in order to give life to the Negro, we must stop it to save our own souls from the blackest death. This Conference has further emphasized the sacredness of all persons. At this time of a world war for freedom and de¬ mocracy surely we can not afford to have a hardened cast sys¬ tem here in the South. We believe that the two races will be stronger in their own civilization and not through social inter¬ mingling, but we must never forget that separate race life does not mean banging the doors of justice, opportunity and free¬ dom in the face of anyone, white or black. A new apprecia¬ tion of the value and sacredness of personality will do more than anything else to stop the lynching practice. Lastly, this Conference has helped us to realize our unique opportunity in helping solve the race question for the world. We are far more favorably situated than most other nations having a race problem. In our country both races have a com¬ mon language, a common religion, more or less a common am¬ bition. We are indissolubly knit together in all our lives from the standpoint of economics, health, and even of moral life. From a purely selfish standpoint it is wise to make the most possible of the Negro's life. Furthermore, the white people have the making of condi¬ tions of life for this race largely in their own hands. We have Lawlessness or Civilization—Which? 11 the administration of schools, the control of a large part of the wealth. It is really a dangerous thing for a strong nation to live in the presence of a weak people continually. It is a constant temptation to forget the rights of the weak, violate them and thus become a tyrant. The test of life is how we treat those who are less advanced or less powerful than ourselves. We of the South dare not fail in the presence of this great temptation. The present South is like Jonah of old. We are called to lead a less favored people out into a larger and fuller life. We have very reluctantly preached a gospel of liberty, advance¬ ment and self-respect to these people. We have even hoped they would not make progress. We have scarcely dared to think of sharing with them the privileges of real manhood. But we are come to the parting of the ways. We must lift them up or be abased by them. We are like the Jews of Jonah's time, a nation stumbling on the high road of a noble destiny; a nation set to bring to the world a larger faith and a bigger life and yet in danger of hoarding our blessing and refusing to share it with those most in need. This Conference has been called in the hope that we might lift up a united voice of a large company of representative Southern men and women, a voice which none would dare un¬ derestimate and none would dare despise. The papers read here have so much of sound logic in them, so much that is the result of careful study and investigation, and, on the whole, so much of high and holy passion, that I am constrained to be¬ lieve the Conference has met the end for which it has been called. 12 Lawlessness or Civilization—Which? FIRST SESSION Saturday Morning, August 4. The Conference was called to order at 9:00 o'clock on Saturday morning, August 4th. Dr. W. D. Weatherford of Nashville, Tenn., Chairman. Dr. Weatherford: We begin our Conference with a discussion on "A New Criminal Procedure to Prevent Mob Violence." We have asked Judge Stephenson, who has perhaps done more thinking along this line than any lawyer in the South, to give us a paper on this subject. Judge Gilbert T. Stephenson: You will let me reword my speech. Instead of speaking on "A New Criminal Procedure to Prevent Mob Violence," I shall speak on "Relation of Criminal Court Procedure to Mob Violence." RELATION OF CRIMINAL COURT PROCEDURE TO MOB VIOLENCE. gilbert t. stephenson, winston-salem, n. c. Signs of Encouragement. I do not understand that this conference on Law and Order has been called because of any unusual lawlessness in the South during the past year. As a matter of fact, all the signs indi¬ cate that law and order are gradually gaining the ascendency of mob-violence. During the first six months of 1917, for in¬ stance, there were only fourteen lynchings in the South as compared with thirty-four during the first six months of 1915 and twenty-five during the first six months of 1916. Further¬ more and even more significant, during the first six months of this year ten threatened lynchings were prevented by the timely and courageous intervention of officers of the law. More and more, sheriffs in the South are taking pride in not having a single instance of mob violence to mar the record of their administration. Twelve years ago, as a graduate student in American government in a university, I was assigned to prepare a paper on instances of prosecutions of lynchers. Lawlessness or Civilization—Which? 13 After delving days and days into newspaper files and other sources of information, I had to report to my instructor that I could not find any such instances and for that reason had to be excused from writing the paper. Recently, in running through my clippings on lynchings during the past six years, I found several instances of prosecution and even of conviction of lynchers. In North Carolina one lyncher was convicted and sentenced to serve fifteen years in the State's prison. As a result of a lynching in Kentucky eighteen were prosecuted; with what results I do not know. Lynchers have been prose¬ cuted in Florida and, no doubt, in other Southern states. In Ohio out of a mob of thirty, twenty-nine were tried and con¬ victed—one of murder in the second degree and sentenced to life imprisonment, thirteen of manslaughter, seven of riot, nine of assault and battery. Even twelve years ago there was talk of prosecution after every lynching but then the investi¬ gations were desultory, half-hearted, and came to naught by common consent. Today investigations are more thorough, prosecutions are more vigorous, and convictions are becoming more frequent. However encouraging these signs may be, the fact remains, nevertheless, that so long as there is a single lynching a year in the South, much more fourteen in six months, the danger to our institutions is grave. Even though law and order are gaining the upperhand of the mob, the purpose of this confer¬ ence, I take it, is to help make the ascendency complete and secure. To the criminal court, in common with other agencies of civilization, is put the question, "How can you help stop mob violence in the South." In undertaking to answer this ques¬ tion, I am dealing altogether with rules of procedure and have no suggestions whatever to offer in regard to substantive law. Nor am I dealing with rules of procedure that might promote justice in general without bearing any direct relation to mob- violence. Rules of Procedure for Dealing with Lynchers. The rules of procedure for dealing with lynchers in North Carolina are probably typical of the rules in other Southern states. As soon as the solicitor hears of a lynching in his dis¬ trict, the law makes it his duty at the earliest possible moment 14 Lawlessness or Civilization—Which? to proceed to the county in which the lynching occurred and institute proceedings for investigation of the crime before the coroner, a justice of the peace, or a judge of the superior court, whichever is the most accessible. It is his duty to subpoena as witnesses everybody who knows or is supposed to know any¬ thing about the lynching. A witness subpoenaed can not re¬ fuse to testify in the preliminary investigation on the ground that his testimony might tend to incriminate him, but no dis¬ covery made by him can ever be used against him in any crim¬ inal prosecution; when he is examined as a witness for the State in the preliminary hearing, he is altogether pardoned for any and all participation in the lynching. If, at the investiga¬ tion, probable cause is found against anybody, he is bound over to the next term of the superior court, not of the county in which the lynching occurred, but of some adjoining county, in which latter county the trial is held. In addition to his duty personally to conduct the investigation, for which he receives a special fee of $100.00, the solicitor is charged with the duty to furnish information about the lynching from time to time to the grand juries of all adjoining counties until the offenders shall have been brought to justice. Such has been the law in North Carolina since 1893. I submit that the procedure for dealing with lynchers, them¬ selves, is about as complete as would be practicable. The only change that I have in mind might not be an improvement; and I offer it as a suggestion, not as a recommendation. It will be noticed that today the lynchers are tried in some adjoining county rather than in the county in which the lynching took place. The purpose of this unusual procedure is, of course, to make sure that the prosecution may not be frustrated by the lynchers, particularly if they are men of standing and influ¬ ence in the community, having sympathizers on the grand or petit juries. Under a recent statute in North Carolina, in cases in which it would be difficult to get an impartial jury in the county because of favor or prejudice, the court may send to an adjoining county for the petit jury. In view of this stat¬ ute, might it not be better to send to another county for a jury than to send the lynchers to another county to be tried? What I have in mind is that the trial of the lynchers might lose some of its impressiveness upon the people of the county by having Lawlessness or Civilization—Which? 15 the trial in some other county. The advantages and disad¬ vantages of each of the proposed courses are so nearly bal¬ anced, that I do not venture an opinion as to which is the better as a deterrent of mob-violence. Trials in Private. Passing to the rules of procedure in the trial of the offend¬ ers against whom mob-violence has been or is apt to be threat¬ ened, I consider first, the suggestion that the trial in all cases of criminal assault should be in private. A statute of North Carolina, enacted in 1907, permits the trial judge, in the trial of cases for rape and assault with intent to commit rape, dur¬ ing the testimony of the prosecutrix, to exclude from the court¬ room all but the officers of the court, defendant, and those en¬ gaged in the trial of the case; and at the preliminary hearing the committing magistrate may adopt the same course. This saves the victim the humiliation of having to detail her horri¬ ble experiences in the hearing of a curious, sordid crowd and, when relieved of this embarrassment, makes her more willing to tell the court and jury all the facts. It saves the relatives and friends of the victim the pain and anger of having their womenkind subjected to examination and cross-examination in the presence of such a crowd. It takes away the excuse, so often offered for lynching, that men take the law into their own hands before they will let their women endure the public¬ ity that the court trial necessitates. It saves the crowd, itself, the demoralization that comes from attending such a trial. If it is wise for these reasons to have the testimony of the prose¬ cutrix in private, why would it not be equally wise to have the whole trial, including the arguments to the jury, in private? If such a course is wise in cases of criminal assault, why would not a similar course be wise in all cases in which justice and public tranquility would be promoted by keeping the crowd out of the courtroom? Then, why should the legislatures of the Southern states not enact such statutes, enlarging upon the present North Carolina statute, permitting the trial judges, in their discretion, to clear the courtroom of all but parties, witnesses, and officers in all cases in which the public welfare would be promoted by having the trial in private? One prac¬ tical difficulty in the way is that the constitution of North 16 Lawlessness or Civilization—Which? Carolina, and presumably the constitution of other states, re¬ quires that all courts shall be open. This could be met, as it is met in the case of legal executions, by having a specified num¬ ber of spectators, representing the body politic, present during the trial to see that the officers of the court do their duty and do not engage in any Star Chamber antics. I recommend the North Carolina statute amplified as one of the changes in criminal procedure that would be likely to deter mob-violence. Special Terms of Court. Another suggestion to be considered is that a special term of court should be called immediately to try every case in which a lynching has been or is apt to be threatened. One of the practical difficulties in the way of this is that it is impos¬ sible to tell in any given case whether a lynching is to be ex¬ pected. If offenders were lynched for but one crime, it would be easy to call special terms for just those cases. But the fact is that less than one-fourth of the lynchings are for assaults upon women. In 1915, a typical year, people were lynched for murder, resisting officers, poisoning mules, stealing hogs, meat, and cotton, wife-beating, and barn-burning, and for other of¬ fenses, some of them trivial, and in no way connected with any criminal assault. Another difficulty is that, after a threat of lynching has been communicated to the Governor, it is usually too late to prevent the lynching by assurances to the mob of a speedy trial of the offender. At present, in most if not all of the Southern states, it would be impossible to call a special term without deranging the regular terms because we have no reserve judges. This last difficulty might be met by providing for a certain number of emergency judges or even by author¬ izing the Governor to commission any competent lawyer to hold the special term. If the special term idea is sound in principle, then the practical difficulties can be overcome. But, as I see it, the special term idea is fundamentally unsound. When the Governor calls a special term of court to try a pris¬ oner because he hears that a lynching is imminent, he is really surrendering the court of law to the mob spirit. The mob spirit is heard saying, "If the Governor does not call a special term to try this prisonor at once, I am going to take the law into my own hands and lynch him." And the Governor* in Lawlessness or Civilization—Which? 17 calling a special term under such circumstances, is saying to the mob spirit, "Hold on a moment; do not do anything rash. I will call a term of court to try and convict your prisoner; a lynching will not be necessary." The only reason for giving the rapist, for instance, a speedier trial than the thief is to meet the demands of the mob. The immediate trial does not help the victim. There is no evidence, so far as I know, that an immediate trial diminishes crime any more than a lynching does. A prisoner tried when public indignation is at its height is really not given a square deal. No matter how heinous and inexcusable one's offense is, he is entitled to be tried according to the laws of the land. In the trial of James Wilcox in Eliza¬ beth City, N. C., in 1902, for the murder of Miss Nelle Cropsey, the moment the attorney for the defendant rose to address the jury, one-fourth the people in the crowded courtroom, as if by concert, left in a body and in a few minutes more the fire-bell rang a false alarm. The trial judge found as a fact that the purpose of this demonstration was to disconcert the attorney for the defendant and break the force of his argument to the jury. The jury promptly convicted Wilcox of murder in the first degree upon circumstantial evidence. The Supreme Court granted him a new trial on the ground that, because of the hos¬ tile demonstration, he had been denied a trial according to the laws of the land. In the course of his argument to the Supreme Court, the attorney for Wilcox stated that, if the verdict of murder in the first degree had been set aside, the prisoner would have met a violent death on the instant. Judge Clark, the present Chief Justice, in a concurring opinion, said, "It is of vital importance to the public welfare that the decisions of courts of justice shall command respect, but this will be impos¬ sible if there is ground to believe that extraneous influence of any kind whatever has been brought to bear." At Murray, the county seat of Calloway County, Kentucky, last January, a Negro who had been charged with killing a white man, came up for trial. He pleaded self-defense. His attorney prayed that the case be continued for the term in order that he might prepare the defense of his client. The judge granted the prayer as a reasonable request and ordered the case continued. At this point the mob intervened and demanded an immediate trial. The judge yielded, saying afterwards, "I was compelled 2 18 Lawlessness or Civilization—Which? to do so to save my own life, the mob having threatened to blow me up with a bomb if I did not comply with its request." Governor Stanley, having been appraised of the situation by wire, and having got confirmation of it from the judge him¬ self, started at once for the county seat. Unarmed and una¬ fraid, he faced the mob and spoke to it, in part as follows: "There is but one difference between civilization and savagery, between communities where men sleep at night with unlocked doors with their wives and children about them and none to make them afraid, as you were wont to do here in Calloway— there is but one difference between such a community and the jungle where a savage chief stands with a knotted club above the body of his dusky spouse to protect her and his simple holdings by the strength of his right arm. Courthouses, rev¬ erence for law and order, and the willingness of every citizen to look to the law for the vindication of his wrongs and the protection of his property are the essence of civilization. When you defy courts and insult judges, you lapse into barbarism, you relinquish all claim to civilization. I am here not to snatch the accused from punishment, but to save him from violence; not to paralyze, but to give vigor and strength and dignity to the strong arm of the law. It is my purpose to see that this man is tried as speedily as may be consistent with his security, while on trial, and freedom from every form of outside inter¬ ference." In West Virginia, four years ago, in the trial of a Negro charged with criminal assault upon a white woman, a mob surged in the courtroom and almost over the rail of the bar during the trial, and the prosecuting attorney told the jury, in substance, that it had to convict the defendant quickly in order to keep him from being lynched. How much better it would have been in these cases for the trial to have been postponed until public feeling had somewhat abated and then for the trial judge to have been empowered to keep the raging mob outside the courtroom during the progress of the trial! I say this regardless of the guilt of the party on trial. Unspeakably horrible and murderous as every lynching is, it were better, from the standpoint of the State, for a person to be lynched in outright defiance of the law than to be convincted under the semblance of law by a jury forced to its verdict, not by the Lawlessness or Civilization—Which? 19 weight of its evidence, but by the compulsion of the mob spirit regnant in the courtroom during the trial. In either case it is, in the last analysis, lynching. In the one case the mob takes the life of an individual; in the other, it paralyzes the right arm of society and undermines the foundation of civilization. I do not say that such fearful results would follow the calling of special terms to try criminal causes over which a mob is aroused; I do say that, in the absence of real necessity for special terms, the risk is too great. Trial by Judges in Place of Juries. Another suggestion is that cases of criminal assault should be tried before a group of judges instead of a jury. The prac¬ tical difficulties is that the judges could not be called from their regular courts without deranging the whole judicial system of the State for the time being. In this State, for instance, there are only twenty judges to 100 counties. This difficulty might be met, as in the case of special terms, by emergency judges. But here again I think that the suggestion is fundamentally unsound. It is another way of yielding to the mob spirit by veering its court from its regular course of procedure. Im¬ perfect as the jury of laymen is, it is, nevertheless, the corner¬ stone of our system of jurisprudence. Moreover, it is the con¬ clusion of nearly all experienced practitioners that a jury of laymen is as apt to find the facts correctly as a jury of men learned in the law. To take from the jury such cases would be sapping its vigor by showing lack of confidence in it and by relieving it of the responsibility of passing upon cases that most vitally affect the community. Does any one think that an infuriated, blood-thirsty mob would stay its hands to let the offender be tried by a group of judges any sooner than to let him be tried by a jury of twelve laymen? Charges to Grand Juries on Lynching. A change in criminal procedure that would do more than any other one thing to deter the mob would be for the trial judges habitually to charge the grand juries upon the laws about lynching and the duties of the grand jury to enforce them. At present the judge usually waits until the horse has been stolen before he locks the stable-door; that is, he waits 20 Lawlessness or Civilization—Which? until there has been a lynching in the county before he deems it necessary to charge the grand j ury upon the sub j ect. Lynch¬ ing, like lightning, does not usually strike twice in the same place; the next lynching in the South may be in a county that has never had one before and has prided itself upon its regard for law and order. The charge of the trial judge to the grand jury is the most weighty and impressive message that the crowd that fills the courtroom during the call of the criminal docket ever hears. People who have a habit of attending crim¬ inal court seldom hear sermons or addresses on law and order, seldom read books or papers on law and order, and seldom hear the matter discussed in such a spirit as to encourage them to stand by the law. These people are the ones who usually have the most pronounced antipathy for the Negro, whose minds revel in the anger-provoking details of the crime, and who would excuse, rather than condemn, those who take the law into their own hands. If the trial judge were to charge the jury vigorously and in plain English about lynching, he would arouse the jurors to make a real effort to discover lynchers, and he would make it easier for them to report lynchers, even though they were neighbors. When the impression got abroad that the grand jurors, whose deliberations are in secret, were taking seriously their duty to investigate and report lynchers, then would-be lynchers would be slow in doing anything to be reported for. The impression that such a charge would make upon the courtroom audience and, through references to it in the newspapers, upon the people at large would do much to create a compelling sentiment among the people to let the law take its course in the most provoking cases even. If every trial judge in the South for the space of one year would charge every grand jury that he faces plainly and vigorously about lynching, he would do more to put an end to mob violence than all of us laymen put together could do in a decade, this because he reaches the people who do the lynching as nobody else does. I suggest that this conference, either by formal resolution or otherwise, bring to the attention of the trial judges of the South the unparalled opportunity they have of promoting law and order by informing and arousing the grand juries. The mob spirit would, no doubt, be deterred in its course by changes in our rules of procedure in the trial of criminal Lawlessness or Civilization—Which? 21 causes, and with this in mind, I have suggested certain changes that should and others that should not be made. But the fun¬ damental principle to be observed in criminal procedure in its relation to mob violence is that the mob spirit will never be overcome by the court's swerving from its regular course in order to meet the temporary demands of the mob but that it will be overcome soonest by the constant emanation from the courtroom of the unmistakable sentiment that no crime is too heinous for the court in its regular procedure to deal with adequately and that he who interferes with the orderly course of the law will inevitably feel its heavy hand. I presented this suggestion which is contained in my paper to one of the most learned and level-headed Judges of the Superior Court of North Carolina, because I didn't want to make any suggestion here that would be resented by the Superior Court Judges or the Circuit Court Judges. If I called the name every man here would agree that he is a level-headed man, and he said to me that the Judges would welcome it and that it would go a long way toward doing what we have met in conference about, —that is, putting an end to mob violence. Dr. Dillard: Mr. Chairman, that suggestion seems so vital—that sug¬ gestion in the paper. I want to ask Judge Stephenson how he would go to work to get that done. Who would tell these trial judges to do that? Dr. W. F. Tillett: I want to ask that he read that paragraph again as it bears on that question and we will have it clearly before us. I count it a most valuable suggestion. Judge Stephenson: This is my final paragraph: "If every trial judge in the South for the space of one year would charge every grand jury that he faces, plainly and vigorously, about lynching, he would do more to put an end to mob violence than all of us laymen put together could do in a decade, this be¬ cause he reaches the people who do the lynching as nobody else does. I suggest that this conference, either by formal resolution, or otherwise, bring to the attention of the trial judges of the South, the unparalleled opportunity they have of promoting law and order by informing and arousing the grand juries." In answering Dr. Dillard, I will say that I am just feeling my way along to see how the suggestion could be brought to bear on the trial judges, and the first thing we have to do is to arouse and inform the trial judges. That can best be done by getting the pamphlet that is to be sent out as a result of this conference into the hands of every trial judge in the South, including the Superior Court, Circuit Court, Corporation Courts of Virginia and the Circuit Court Judges who try cases in other states, and accompany that pamphlet with a resolution passed by this 22 Lawlessness or Civilization—Which? body recommending to the trial judges, to charge the grand jury on the subject of lynching. Mr. E. C. Brooks: In support of what Judge Stephenson has said, some seven years ago some Judges in North Carolina began to charge the juries to make investigation of school matters and that attracted more attention from the papers than any single thing that had been done. At every court they charged the grand jury to inspect the schoolhouses and the county papers took it up at once. Dr. Tillett: I have long observed the profound respect the public has for Federal Courts, Federal Judges and Federal trials, and it seems to me to grow out of the fact that the Federal Court can bring its juries from afar, long distance, and it serves and is not, though conducted in the very community wherein the wrong has been perpetrated, overawed or over¬ powered by the atmosphere, and I have long felt that if the trial of those who have been in a mob, joined in a mob, could be transferred to the Federal Court, that would end the matter. As it is now, 99 out of 100 per cent will not be convicted and the bigger the mob the less chance of con¬ viction. That wouldn't follow if it were the Federal Court. Now, there is another suggestion, if that be impossible and I don't know what this is worth—I throw it out as a suggestion—that people generally are exceed¬ ingly open to any financial penalty that they have to pay for anything they do. Could it be that keeping it in the State Court and following the suggestion of the speaker, could it be that it could be made a law of the land that anyone convicted of participation in a mob shall pay a financial penalty,—called on to meet all the expenses of the trial and pay a finan¬ cial penalty? The Chairman: Judge Stephenson, have you a word to say to Dr. Tillett with regard to the transfer of these cases to the Federal Courts? Judge Stephenson: I rather agree with Dr. Tillett, except that that is a change in the law. A suggestion has recently been made in keeping with your suggestion that mob violence be made a Federal offence, and it must be made a Federal offence before it can be tried in the Federal Courts. The average man feels, as he says, that "Uncle Sam don't fool with folks." Dr. B. F. Riley: During the last administration of Mr. Roosevelt he made the suggestion in his message that this change be made—that lynch¬ ing be transferred to the Federal Courts, and the question was at once raised as to the constitutionality of it and the interference with the State Court, or "rights" as we say down here; and that presents a question that would have to be worked out. The Chairman: Is there anything we can do to further the possibility of the amendment to our constitutional law so that we can get this into the Federal Court? Judge Stephenson: We could only after we had answered Dr. Riley's question, which I doubt whether anyone has gone into exhaustively, whether it would be such an interference of States rights to deal with its own criminals, as to make it unwarranted by the Federal Courts. I cannot venture an opinion. If that can be got out of the way, then this Lawlessness or Civilization—Which? 23 conference can make a recommendation. Dr. Weatherford, if you will allow me before you pass from this question, I think some consideration ought to be given as to having more privacy—it is your suggestion—not only of cases of criminal assault but in all cases where public indignaton has been aroused. You have to have some statute to do it. The Court has no right to clear the court room except in juvenile and in criminal assault cases where statute has been passed. If he could have discretion to clear the court room in all such cases and call in a dozen citizens to be present and represent the body politic as is done at electrocutions to see that the law is carried out,—if that suggestion is worth anything and keeping out the crowd would be a deterrent, then this conference might pass a reso¬ lution to be brought to the attention of the Legislatures of this and other States. The Chairman: It seems to me that one of the things that should be made clear in the minds of the people at large, is not only that we ought to have more privacy, but that a court trial doesn't bring more publicity than a mob—less. The chances are that a mob will arouse five times as much publicity than a court trial. That is purely an issue of information and education. We must get that into the minds of the people at large. Judge Stephenson: My further suggestion is that a special term be not called and I am positively opposed to that idea. If some time inter¬ vened between the time of the crime and the trial there would be no definitely formed mob at the time of the trial. At the public trial there is danger of the crowd being re-aroused but with a trial in private, never allowing the mob to meet and crystallize itself, it would keep the mob from doing what might eventuate as in the cases spoken of here. OFFICERS OF JUSTICE AS PREVENTIVES OF MOB VIOLENCE. C. FLETCHER QUILLIAN. This topic recalls the old adage of "The ounce of preven¬ tion." The physician who prevents is infinitely preferable to the surgeon who has to cut out the disease. We do well at the outset to face frankly a diagnosis of con¬ ditions. The assembling of this group in a "Law and Order" conference, and of similar gatherings in recent years since the Atlanta conference following the Atlanta riots, shows recogni¬ tion of a disease. This is the first step toward a means of pre¬ vention. A letter from the managing editor of the Chicago Tribune, dated July 28 of this year, reveals the startling total of 3,680 human lives taken in the United States since 1885 by so-called 24 Lawlessness or Civilization—Which? lynch "law". Subsequent events proved that of those who lost their lives in 1915 at least four were innocent. Who can know how many others were innocent among these victims who did not have the chance to offer evidence according to their consti¬ tutional right of trial by jury? For sixteen years prior to 1901, the number of lynchings in the United States was never under 100 and was over 200 for two years. Since 1901 the number exceeded 100 per year only in one instance, but in 1915 it was 98. The lowest number of lynchings in any one year since 1885 was 48 in 1913. Last year 58 lynchings were recorded. The figures furnished by the Chicago Tribune are as follows: Annual Number of Lynchings in the United States Dur¬ ing the Last Thirty Years. 1885 184 1896 131 1907 65 1886 138 1897 106 1908 100 1887 122 1898 127 1909 87 1888 142 1899 107 1910 74 1889 176 1900 115 1911 71 1890 127 1901 130 1912 64 1891 191 1902 96 1913 48 1892 205 1903 104 1914 54 1893 200 1904 87 1915 98 1894 190 1905 60 1916 58 1895 171 1906 60 Total, 3,680 The facts show that this disease is contagious. Lynching grows on what it feeds on. It has become in some counties of certain states, both North and South, a habit. The Independent for February, 1916, says that the recent lynching in Georgia of five men, killed with much the same evidence of deliberation that marked the Leo Frank case, gives point to the diagnosis by an important Southern organization that lynching is a con¬ tagious social disease. The Outlook says, editorially, in 1916 that it is estimated that one-fourth of all lynchings in the United States in 1915 occurred in the State of Georgia. It says further that the effect of mob-violence on the general problem of disorder is now causing that State to "realize the Lawlessness or Civilization—Which? 25 danger of lawlessness." As a native Georgian, I am glad to state that the following June the Georgia Bar Association gave earnest consideration to a courageous paper on "Lynching and its Remedy." Moreover, the Federation of Women's Clubs of the State severely condemned lynching in a resolution heartily approved in the editorial columns of the Atlanta Constitution. If this disease is now recognized as widespread and as con¬ tagious we may well ask "What are its effects?" I shall not discuss here the various economic effects illustrated by the re¬ cent Negro migration northward. But it is within the scope of my subject to say that mob-violence is always accompanied by various other forms of general lawlessness and disorder. Loss of respect for law marks the beginning of the breakdown of civilization, for civilization rests on law. President Wilson has often said that all laws, good and bad, should be enforced, and that the best way to repeal a bad law is to enforce it. Meanwhile the public respects the hand of the law and the officer of justice. But mob-violence brings both into disrepute, for all law has been defied and ignored. The mob says "There is no law." How can we have respect for law of any kind by those who condone this disregard of law of every kind ? An inquiry into the cause of this disease raises at once the fundamental question with which this paper primarily con¬ cerns itself. Is the cause the attitude of officers of justice? Is it due to an inherent weakness in the American system of self-government, of administering justice through officers chosen directly or indirectly by the people? In a year when America has entered the Great War to "help make the world safe for democracy," it is a fundamental in¬ quiry when we ask ourselves, "Is democracy safe in America, safe for each individual, white or black?" Dean Bosworth of Oberlin puts it strikingly. "We must not forget that entering the war to secure a better world logically commits us to the securing of a better America. The estab¬ lishment of the Christian world ideal will involve changes in our own land. Our unjust treatment of the Negro, the indus¬ trial wrongs inflicted on those who have no effective, orderly means of protest, are to be put away from American life." In the closing chapter devoted to conclusions in his book "Lynch Law" Dr. Cutler puts a question which should chal- 26 Lawlessness or Civilization—Which? lenge every American. "Why is lynching a peculiarly Ameri¬ can institution?" he asks. Later he states in the indicative mood the implication which is suggested by the query above. He says, "There is a readiness on the part of the people in the United States to take the law into their own hands which is not found in other countries, and the consequent immunity from punishment which is generally accorded to lynchers ren¬ ders an American mob exceedingly open to the suggestion of lynching. It is on such grounds that the existence of lynching as a peculiarly American institution is to be explained." I am glad to give a different opinion in an address by Dr. W. D. Weatherford presented at the Southern Sociological Congress in New Orleans in 1916. He says, "Lynch law is peculiar neither to the Southern States nor to America as a whole, for the practice of lynching has been common in most countries where the government has been weak or poorly es¬ tablished, or where justice has been tardily meted out to of¬ fenders." Still Dr. Cutler's challenge reminds us of what Dr. Weather- ford admits, that while mob-violence "has practically disap¬ peared" in most other countries after the administration of law is well established, that "unfortunately this has not been the case in America, particularly in the South." Why is this so? Fundamentally the answer lies in the lack of an awakened public sentiment as a means of control of offi¬ cers of justice, and a resultant lowering of standard by the officers themselves. The stream will rise no higher than its source. In order that officers of the law prevent mob-violence, two essentials are necessary. The one concerns the attitude of the citizens themselves, the other the attitude of the officers. Peculiarly in our system of government the action of the officer will depend in large measure on the attitude of the peo¬ ple who place him in office. If Dr. Cutler is right in saying that Americans are more ready than Europeans to take "the law into their own hands," there must needs be in America a campaign of public opinion. Lynch law will not cease until there is a strong and uncompro¬ mising sentiment against it in every community. Every citi¬ zen should realize that his highest liberty and protection is se- Lawlessness or Civilization—Which? 27 cured when he gives over to legalized authority the enforce¬ ment of his own rights. Protection to lives and property comes through the recognition that one must give up his individual rights to common authorities in order to secure enforcement of rights for all. In days of savagery every man was a law unto himself. Then gradually society grew so that each man ceased to enforce law for himself and left its enforcement to a common police power. The states have given over certain functions to federal enforcement. The League to Enforce Peace proposes that participating nations shall give over under certain restrictions to a central international police power the enforcing of their individual national rights. The 14th Amendment to the Federal Constitution guaran¬ tees that no State shall deprive any person of life, liberty or property without due process of law, nor deny any person within its jurisdiction the equal protection of the laws. In its last analysis in this country, the sovereign in each State is the people. This means that the spirit of the 14th Amendment will only be enforced when the citizens who make up the State Government enforce punishment through due process. When the public comes completely to this realization and the officer knows that the private citizen depends upon him for securing his rights, he enters into office with an entirely differ¬ ent sense of responsibility. He has an impelling motive to make any sacrifice necessary to carry out his duty. The action of an officer into whose custody is entrusted the life of a criminal is closely bound up with public sentiment. Some excuse lynching by saying it deters crime. The question then is, "Will crime be prevented in an organized or disorgan¬ ized fashion?" Shall there be such an administration of jus¬ tice as will take away from the mob any excuse to place into their own hands the execution of the law. Let there be deter¬ rent against crime, but let it be legalized under proper au¬ thority. One of the surest methods of preventing lynching lies in get¬ ting the public to believe that immediate justice will be dealt out by the law, thus preventing repetition of the crime. It may require years to overcome in some communities the evil effect of the lynching habit. However, concrete cases should offer such assurance of immediate action that no mob will have 28 Lawlessness or Civilization—Which? justification for manifesting violence. The necessity of a cam¬ paign of education is shown by a case in Waco, Texas, last year. On the 8th day of May a Negro committed the crime to which is wrongly assigned the cause of most lynchings in the South. On May 12th he was in the hands of the authorities. On May 13th he was indicted and convicted with sentence to be executed the following day. In spite of this the prisoner was lynched without strenuous resistance by the officer. There is no excuse left for mob-violence when sure and speedy justice comes through due process of law. That officer fails in his duty to the individual and the State who is not will¬ ing to resist public disorder even with his life. We need more men with the stuff Governor Stanley showed in Kentucky, who said to the mob, "If you are going to lynch anybody, lynch me." Law and Order does not stop short of conviction of every participant in a lynching regardless of his position and irrespective of whether the victim lynched be white or black. Public sentiment must stand back of the officer who does his duty. It should be impossible for a man to retain public office who fails to fulfill his oath to uphold the law. A sheriff of no backbone needs to realize that there will be actual enforcement of the following wholesome provision of the laws in South Carolina: "In case of any prisoner being seized and taken from said officer through his negligence, per¬ mission, or connivance by a mob, and at their hands suffering bodily violence of death, the said officer shall be deposed from office pending his trial and upon conviction shall forfeit his office, and shall, unless pardoned by the Governor, be ineligible to hold any office of trust or profit within the State." A Southern man of national reputation, who has studied this question, recently said: "We have gone half way in abol¬ ishing mob-violence when it is understood that a sheriff loses his position when he gives up a prisoner without resistance, even unto death." Time was and is here again when an American patriot will willingly lose his life in doing his duty. It is surely not too much to ask that an officer will lose his office who fails to do his duty. Lawlessness or Civilization—Which? 29 We need more judges like Judge Speake of Alabama, who sacrificed his immediate political future in 1914 by prompt ac¬ tion. A Negro murdered a white man. He was arrested on Tuesday and on Wednesday Judge Speake impanellel a grand jury. Within twenty hours the Negro was indicted. But un¬ fortunately Madison County had what Stannard Baker has called the lynching habit, and in spite of this assurance of prompt action the Negro was lynched. Judge Speake ordered all saloons closed, called out the militia and did everything pos¬ sible to enforce the law. He also saw to it that the members of the mob were indicted for murder and able counsel ap¬ pointed to prosecute the lynchers. But public sentiment in support of lynching was strikingly shown by the following facts: Out of 110 men examined for the jury, 76 answered that they did not favor conviction, even though the evidence were beyond any reasonable doubt that the defendant lynchers participated in murdering the Negro. Baker has said that in this community a large majority of supposedly representative citizens believed that a white man should not be punished for lynching a Negro. Only one man stood for conviction. The acting government took steps to condemn the lawless spirit of Madison County, ordered the impeachment of the sheriff and the dismissal of the local militia. This incident shows how far we must go in some sections of the South to create the proper public spirit in order to back an officer of justice who has nerve and backbone. The time must come when the books will record an equal readiness by all courts to convict those who lynch Negroes and those who lynch white men. Trial judges must charge grand juries to indict for lynching and the courts must fine for con¬ tempt those citizens who are indifferent to the supremacy of the law. We have in Vermillion County, 111., the record of fourteen convictions of those who undertook to lynch a Negro, but were unsuccessful owing to the fact that the sheriff, with his wife and two deputies, defended the jail against a mob of 2,000. The Negro was later legally convicted. The sheriff who did his duty was returned to office with an overwhelming majority. Sheriff Whitlock said that the conviction of the lynchers was 30 Lawlessness or Civilization—Which? due largely to the fact that the awakened sentiment of the county was with him. This is an illustration of the thesis of this paper: that the officer must do his duty and the community must stand by him. Where you find the former you find the latter; the two go to¬ gether. We need a background of sentiment to support the officer. Equally do we need a strong officer who will lead in creating this sentiment. The best will respond when the best is appealed to. There is yet hope of preventing mob-violence through co-operation on the part of the officers of justice and the citizens of an awakened community. The Chairman: The paper is now open to you for discussion. Dr. W. H. Mills: It seems to me that in this matter of the prevention of lynching by the officers of the law, that we have to remember that the officer of the law can only reflect in a way the senti¬ ment of the community. It seems to me, and I know something at least of life in South Carolina, that more and more we find the rural policeman, deputy sheriffs and sheriffs lining up for protection of the criminal. I don't think the weak point lies with these administrative officers of the law. I don't think that we can forget Sheriff Adam Field of Fairfield County, who was shot and killed in defense of his prisoner, and who while lying on the ground shot and killed one or two—certainly one—of the men who were attacking his prisoner. Anyhow, it seems to me in considera¬ tion of this whole question that we must remember, as you suggested a moment ago, it is in the last analysis a moral question, and we must remember any lynching is a most horrible manifestation of lawlessness that we find, I am sorry to say, throughout the South. Ladies and gentlemen, the saddest thing in our Southern civilization is today, and has been almost ever since the war, our lawlessness. We have got lots of laws on the statute books about carrying pistols, and yet we carry pistols and there are lots of other laws on the statute books that we white men break—I don't mean the poor and ignorant either. I know it. The game law for instance. It has only been in the last year or two that there has been any sentiment for the observation of the game laws of the State, and when we discuss the question of lynching we must remember that it goes back, goes back, goes back,—and one of the most serious questions we have to face is the way that we, all of us, decide that we will break law, for instance, to keep the Negro out of politics. That is what we do and we all know that in a certain sense we are guilty of inconsistency, and so it seems to me that in the last analysis of this matter, we must remember that we are in the grip of certain conditions in the South. The sugges¬ tions that have been made are splendid ones, but we must go further than that and from every single quarter we must bring to bear on our people the fact that the majesty of the duly constituted authority and obedience to it is a thing in the South to which we must give our chief attention. Lawlessness or Civilization—Which? 31 Dr. Jones: I hesitate to speak on this topic, because it is in reference to Federal procedure. From one point of view it might be assumed that it would .be better to have the Federal Court as it might exercise more power -and authority in such cases. I have often wished that the Federal Courts did have that power, but on the other hand this is, so far as the Negro is concerned, a local question. It is a question wherever the Negroes are present in large numbers, whether South or North or wher¬ ever the people differ radically in types, or in other respects, economic affairs, or whatever it may be, and there will be difference of this sort. I feel very strongly that education of the people is the important thing and that it is better to make haste slowly in a matter like this; that people should learn to appreciate the rights of people who differ from themselves, whether the difference .be racial or economic. It is a great comfort and satisfaction to have a man like Dr. Tillett wish for it, repre¬ senting as he does the best feeling in the South, yet as one more or less outside the situation I do feel that there is necssity for the greatest care as to outside interference. It is the education of local sentiment that will finally solve such perplexing questions as this. Dr. John A. Rice: There are two points that have been made prominent here, neither of which I know how to do, and upon both of which the final issue depends. The first is this: So long as the South¬ ern people feel that they can do all sorts of devilment in the day time and settle it over in the corner of a pew at night you will have no better con¬ dition. My conviction has grown through the years that there is but one efficient salvation for our social situation, and that is an intelligent pres¬ entation of human brotherliness as an essential element in the Christian creed. Until our Sunday schools and churches and court houses are turned along with the educational institutions into teachers of the social code in our Christianity, not until then shall we have another day. So long as a man can shoot a Negro and help to hang him and then go and teach his Sunday school class on Sunday, and claim that he is relieved of all sin, so long as that goes on, there will be no relief. That is the hope¬ lessness of it. The gentleman who preceded me says that it goes back to education. That is correct. We must get at the fundamental institution of education—home, school, court house,—and I have some authority in saying court house must be an educator. I knew a judge who spent a part of every message on mob violence. We have a slow work before us that in years will bring results. We may just as well make up our minds that until we can get human brotherliness as a fundamental creed in the hearts of our people, our situation is hopeless. Therefore to that task we must every one of us direct every effort that we have opportunity to exert. The other difficulty is equally great, namely, the power of suggestion. Mr. Blades: There was some discussion as to handling .by Federal authority. I think that the local authority can handle it. My idea is a law and order society in every county and extend it as much as possible to every part of the county. The society can see that this is emphasized 32 Lawlessness or Civilization—Which? in the charge to the grand jury, that the people are instructed along that line, and let everybody be taught that this society will see that the law is enforced,—that if there is a mob it will not escape because of the number but will be apprehended and punished. That is a very difficult thing. Under our laws everyone becomes guilty of murder. It is hard for a society to get up any demand that all these men be executed because of this crime, but this society can use prevention. They know when a mob is likeiy to be formed and with their organized effort they will be most likely to prevent it. That would be my idea, to have an organization throughout each State; that the County be the unit and that it take precautions. It need not be known as a Law and Order Society. Dr. Dillard: I am very much impressed with the remarks. I want to ask whether it will ever be possible to enforce any law when prevailing public sentiment is against it? We know that in the states that keep liquor out and the sentiment of some of the best people—so called—is opposed to that, it doesn't hurt them to break the law. Don't we come back to the same thing, and isn't public sentiment what we have to get at? Mr. Quillian: The suggestion in Dr. Dillard's opening query and Mr. Mills' remarks, I want to answer by telling you what President Wilson said when he was discussing the breaking of the law. He said that the best way to repeal a bad law was to enforce it. He said that the law ought to be carried out and the best way to repeal it is to enforce it. The people will rise up and see that it is repealed. Dr. Tillett: I haven't heard anything that will make me change my opinion in regard to feeling that the best solution of this problem is to call for such a change in our administration as will give us the benefit of the Federal Court. Dr. Jones used an expresson which I wouldn't myself agree to, that he believed it wouldn't be best to have "outside interfer¬ ence." That is not the way that I would put it. We want co-operation. Our Government is a co-operation between the State and the Federal Governments. How long have we heard that local option was the solution of prohibition. We have tried it and find that it isn't the ultimate solu¬ tion. It may be in one place and not in another; but as a solution of the national problem of the liquor evil, we are giving it up and calling in the Natonal Government to co-operate with the county, state and city govern¬ ment to make it effective, and so I would say that this is not "out¬ side interference." I cannot help the old issues between State rights and concentration of too much authority in the National Govern¬ ment. The statesmanship of our country has got to reinterpret any law of our country by years of national experience and modify and change our government so as to make the whole effective. The weakest part of our government has been brought out here, and that is disrespect of the law and the courts. Lawlessness or Civilization—Which? 33 SECOND SESSION Saturday Afternoon, August 4. The meeting was called to order at 2:30 Saturday afternoon, August 4, by the Chairman. The Chairman: I will call on Dr. Branson to address us on the subject of "Liberty and Security of Life the Basis of Economic Progress." LIBERTY AND SECURITY OF LIFE, THE BASIS OF ECONOMIC PROGRESS. e. c. branson, rural economics and sociology, university of north carolina. I am detailed upon short notice to say something to this Con¬ ference about Liberty and Security of Life as the Basis of Economic Progress. The call comes to me in the fag end of a college year of eleven exacting months. It therefore finds me at a time when productive vitality is at its very lowest point, and with little time to do more than give to my stenographer in hurried fashion such chance thoughts as I have upon (1) the fleeing of Negroes out of the South in large numbers during recent months; (2) the significance of this race exodus, and (3) the appeal it makes to common sense and Christian con¬ science. 1. The Facts of the Situation. During the last eighteen months between four and five hun¬ dred thousand Negroes have gone out of the South into the North and East, or about half as many as have emigrated dur¬ ing the whole of our history heretofore. They are still going and will continue to go until the causes of their going cease to be active. It is impossible to say at present how much larger this movement will be or how much longer it will last. But it has the looks of a race exodus that promises to mark a new era in Negro history in America, and a new epoch in Southern 3 34 Lawlessness or Civilization—Which? economy. We are too close to this movement to realize in full detail the immediate and remote results to the Negro or to the South, but it is well worth while to puzzle at the history that is making under our very noses. 2. Some of the Significances. As usual in social situations, the causes are complicated, and I do not here attempt to analyze them. Whatever they are, we are facing the consequences. These consequences make a di¬ rect assault upon the will to act, and action ought never to be whimsical, futile, and foolish. There must be intelligent, right¬ eous, and effective action in this matter, if the South and the Negro are to reap the best and not the worst results of a move¬ ment that is likely to last a quarter century or more, in my opinion. I therefore begin by glancing at some of the economic conse¬ quences that we are facing; because they have to do with busi¬ ness, directly or indirectly with all business in the South; be¬ cause they relate to profit and loss, and because the pocket nerve connects up with common sense and conscience when other lines of communication are out of commission. I may say in the first place that we are this year a quarter billion dollars poorer in the production of crop values alone; and this estimate is based on the average crop-producing power of farm workers in the South in the census year, and the in¬ creased value of farm products since 1910. It is just so much less to live on or to pay bills with for imported products. The loss averages about $8.00 per inhabitant counting men, women, and children in the South. The migrating Negroes just about equal the total force of farm workers in South Carolina. It is like suddenly blotting such a State off our agricultural map. In the second place, decreasing farm labor means an increase of idle acres and a dwindling agriculture here and there in the South, wherever the forces of re-adjustment break down. The tidewater country from Virginia to Texas has been suffering from a cause of this sort for fifty years. In the third place, the labor cost of farm production in the South will everywhere be greatly increased and the margins of farm profit correspondingly lessened. The wages we offer our farm hands and the contracts we make with our croppers must Lawlessness or Civilization—Which? 35 give them a larger share of the wealth they produce, or our rough labor will be drawn as by a magnet into the areas of higher wages. Rising labor wages in our farm regions will spread like contagion into our mill and factory centers. The South, in other words, is ceasing to be an area of cheap labor; of economic goods of every sort produced on a basis of mini¬ mum labor costs. It is therefore not a farm problem alone. It challenges the best thinking of manufacturers, bankers, and merchants as well as farmers. In the fourth place, and this is the hopeful view of the situa¬ tion, the agricultural South will move out of an era of small- scale farming based on excessive human labor, into medium- or large-scale farming based on abundant labor-saving, profit- producing machinery. And the change from intensive to ex¬ pansive farming in food and feed crops will be epoch-making in the South. At present our farms are too small. The average of culti¬ vated acres per farm ranges from only thirty-three in Missis¬ sippi to sixty-five in Texas, and ninety-two in Oklahoma. These are small farms when compared with a hundred and eleven acres in Illinois, one hundred and sixty-eight in Kansas, and two hundred and seventy-five in North Dakota. But the contrast stands out better when we consider the av¬ erage number of acres cultivated per farm worker. In the South, the average ranges from twelve acres in South Carolina to fifty in Oklahoma. In Illinois a farm worker cultivates an average of sixty-two acres, in Iowa eighty-three, in Nebraska one hundred and twenty, and in North Dakota one hundred and fifty-six. The difference lies in machine power on larger farms. As a result the production of crop values per farm worker in the South is small, ranging from $218 in Alabama in the census year to $383 in Oklahoma; but these are midget figures when compared with $783 in Kansas, $968 in Nebraska, $1,378 in North Dakota. These figures mean that in the South we have at present over-abundant human labor for the amount of land we have in cultivation. In the Middle West, human labor in farm areas is reduced to small proportions by abundant horse- and ma- chine-power, which not only multiplies the products per worker but reduces to a minimum the labor cost of production. In 36 Lawlessness or Civilization—Which? North Carolina, for instance, six hundred and five thousand farm workers cultivate only nine million acres, while in Iowa three hundred and twenty - five thousand farmers cultivate twenty-seven million acres. In other words, for every single acre cultivated by a farm worker in North Carolina, a farm worker in Iowa averages six. Moreover, a decrease of farm labor has always meant a de¬ crease of intensive crop-farming and an increase of live stock farming. Under the changed conditions of agriculture in the United States, here is the South's greatest opportunity in the next half century. With our two hundred million idle wilder¬ ness acres we have a chance to become the richest live stock area in the world. A farm cultivation based on grazing areas and the production of live stock and live stock products calls for less farm labor than tillage areas. What I am trying to say is that we could well afford to lose a full half of our farm laborers in the South, if only it means larger farms, more profit-producing farm machinery, more acres and larger crop values per farm worker, lower produc¬ tion costs, wider margins of profit, more live stock, and a greater accumulation of farm wealth just as in the Middle West. The simple truth is that we have too much farm labor in the South, considering the number of acres under cultiva¬ tion; not too much under our present system of small-scale farming which the South has been developing during the last fifty years with increasing disadvantage, but far too much for expansive farming with profit-producing machinery. Crude labor with simple hand-tools can not compete with big-scale machine production on the farm or anywhere else. Of course I understand that cotton and tobacco are hand-made crops for the most part, but in the new era we will raise larger totals of these crops on smaller areas, with lower production costs, be¬ cause of more intelligent methods of cultivation and manage¬ ment. Decreasing labor in farm regions due (1) to boll weevil rav¬ ages and (2) to the drawing power of higher wage areas— these among other causes—brings the South into an economic crisis in her agriculture. The result, as I have already said, will be either a dwindling agriculture, or a change from inten¬ sive farming with excessive human labor to expansive farming Lawlessness or Civilization—Which? 37 based on profit-producing farm machinery. It means a long period of re-adjustment; but these two economic causes will operate to end an unfortunate drift in Southern agriculture since the war—the drift into unprofitable, small-scale farming. It promises to turn us right-about, and to lead us in a hopeful direction at last. So much for the economic consequences to the South of the Negro exodus, which I apprehend will be less spectacular but even more extensive and massive during the next quarter cen¬ tury or so, or until the war-disturbed conditions of labor-de¬ mand have again become normal the whole world over. These are what I take to be the fundamental effects upon Southern agriculture of decreasing Negro labor. Effects in other departments of our economic life, will not only be less fundamental, but recovery will be more rapid—say in the build¬ ing trades and the tobacco factories. 3. The Status op Migrating Negroes. As for the Negroes who emigrate—they go to join the land¬ less, homeless multitudes of the industrial states, where town and country tenancy ranges from fifty-seven per cent in Penn¬ sylvania to seventy per cent in Rhode Island; where homeless- ness in the cities ranges from eighty per cent in Jersey City, Brooklyn, and Boston, to eighty-nine per cent in Greater New York as a whole. They go into economic areas where they have a minimum chance to own farms of their own, and to dwell under their own vines and fig trees unmolested and unafraid. They go into cities where they can never hope to own the roof- trees over their heads, where they are herded, like the rest of the great industrial army, in tenement slums with their ines¬ capable perils to health, life, and moral integrity; where the struggle for existence is fiercest, and trade unionism most savage in its humors. 4. The Estate of Stay-at-Home Negroes. They go out of a region in which a full fourth of the Negro farmers are landlords, not tenants and renters; where the ratio of Negro farm ownership ranges from thirteen per cent of all Negro farmers in Georgia to sixty-seven per cent in Virginia. In North Carolina they own a third of all the farms they cul- 38 Lawlessness or Civilization—Which? tivate, in Florida nearly half of them, in Oklahoma and Ken¬ tucky more than half of them, and in Maryland and Virginia more than three-fifths of them. In fifteen counties of North Carolina three-fourths of all the Negro farmers own the land they cultivate. In Virginia there are fifty-eight such coun¬ ties. In my own home county, 89 per cent of the Negro dwell¬ ings are occupied by Negro owners. In the South there are some two hundred million idle, wilder¬ ness acres. Land is abundant and relatively cheap. Here the Negro has a maximum chance to become a home and farm owner. And the avidity and rapidity with which he has seized upon this chance is one of the most marvelous chapters in the history of races in the tide of all the times. During the last census period Negroes rose out of farm tenancy into farm own¬ ership in the various states of the South at rates ranging from one and a half to five and a half times the rates of increase in farm ownership by the whites. Which is to say, in the country regions of the South where the Negro is in great demand and the struggle for existence is least intense, he is working out his own salvation in terms of home and farm ownership. Homes and farms, barns, bank balances, and business integrity are mighty bulwarks of de¬ fense for any man or any race. Moreover the economic status of the Negro that stays at home is immensely bettered by this movement. The public mind already gives him a new value as a business asset. His wages will be better. His tenant contract will be more advan¬ tageous. He will have better treatment as a customer in the stores. His chance to own a home and farm will be greater, because under these new conditions he will be able to save more and to buy land at reasonable rates on favorable terms. Not the least effect of decreasing farm labor will be the effect on land values, and the stay-at-home Negro is close to the largest chance he is ever again likely to have to own a home or farm of his own. In the South as nowhere else in all the world the Negro has already won for himself a rare degree of liberty and security on the basis of home and farm and personal-property owner¬ ship—not yet a full but a steadily increasing measure of liberty and security. Lawlessness or Civilization—Which? 39 5. Liberty and Security Based on Home and Farm Ownership. And this brings me to the particular point of view that I have in treating the subject assigned to me. My own phrasing of this theme would have been somewhat in this wise: Home and Farm Ownership, the Basis of Liberty and Security— which turns the matter the other way about. Neither in the South nor anywhere else in the world has the Negro fully worked out his salvation as a race; but everywhere it will be worked out in fear and trembling in terms of funda¬ mental economic sort—in terms of home and farm and per¬ sonal-property ownership. Whatever measure of economic freedom the Negro wins will be the measure and mainspring of such liberty and security he is ever likely to enjoy. And this law is just as true for other races as it is for the Negro race. Economic freedom is a measure of all freedom, and without it democracy is an empty name, full of sound and fury, signifying nothing. A landless, homeless people, white or black, may be as they are in this country nominally free; but in reality they are living on the level of economic serfdom The man who owns little or nothing, whatever be his color, has scant regard shown him in the daily walks of life, in business circles, in courts and councils and legislative halls. Civilization is rooted and grounded in the home-owning, home-loving, home-defending instinct. The proverbs of the early Anglo-Saxons finger the very tip of the taproot of the matter. "The land is the man, No land, no man, Who owns the land owns the man, The owners of land are the rulers of men," they said. The landlords of England and the Junkers of Ger¬ many have dominated these countries for a thousand years, and they are the stubbornest forces to be reckoned with today in England and central Europe. I am often asked whether or not in my opinion the Southern Negro has made headway in his fifty years of freedom. My invariable answer is, Yes, to the extent that he has come into the ownership of homes and farms, businesses, and bank bal¬ ances—to this extent and no further. And what he has achieved in this way in a half century passes belief. Already he is lord of a vast estate in the South. In the aggregate the land he 40 Lawlessness or Civilization—Which? owns just about equals the area of South Carolina, while his real estate and personal properties are worth around a billion dollars. These facts mean that the Negro is establishing for himself assured and enlarging safety on the basis of economic independence. He has not yet reached the goal of untrammeled freedom and unassailable security anywhere in the world—but he is far along the way in the South—further indeed in the South than anywhere else on the globe. 6. Christian Conscience. So far I have been trying to get the subject reduced to terms of common sense, as I see it. But there is something else to say. While it is true that the Negro must win liberty and se¬ curity for himself by his own efforts through long periods of time; that he must lift himself up by tugging at his own boot straps, that he must bear his own burdens and work out his own salvation in fear and trembling, it is also true that I must help him bear these burdens, and decrease his fear and tremb¬ ling, and get a friendly lever under his boot heels, and struggle in his behalf for the liberty and security that ought to be his in a Christian land in the year of our Lord, 1917. For my own soul's sake, I do not dare to lay Ephraim's curse upon him and "let him alone" in his perplexities. I dare not leave out of my scheme of philosophy or ethics or religion any creature of God's, black or white, dumb or human. Christian conscience is called to the task of giving the Negro the very best possible school facilities and advantages; of se¬ curing for him exact and equal justice before the courts, and humane treatment in our jails and convict camps; of housing him in sanitary surroundings, and charging him fair rents for the property he occupies; of settling him down on farms upon fair long-term leases, and closing accounts with him in strict honesty year by year; of helping him into the possession of homes and farms of his own; of providing him with comforts fully equal to those of all other travelers on our railroad lines; of guarding his life with our own lives whenever mobs assem¬ ble to lynch him and along with him to lynch law and order and society itself. These are some but not all the duties that ought to challenge even the most primitive Christian conscience. The well-being Lawlessness or Civilization—Which? 41 of the Negro has not been a heavy burden of responsibility upon our souls—either in the North or the South. And when I say this "I chide no breather in the world more than myself 'gainst whom I know most faults," to borrow Orlando's words. We have not been full of heaviness because of the sickness of our Brother in Black. We have not been greatly disturbed because he has been sitting in darkness and in the shadow of death. We have not brought to the Negro's needs the spirit of the Epistle to the Phillipians, or the Ten Commandments, or the Sermon on the Mount. His liberty and security are more and more in jeopardy as he moves about in this land of the free and home of the brave. Race riots and lynchings North and South are a denial of both Christianity and common humanity. And it is time to bring to this and all other race problems a full and courageous measure of vital religion. Somebody once asked Beecher, whether or not Christianity was a failure. "I don't know," he replied, "we have never tried it." In my opinion we have never yet tried Christianity real Christianity, the Christianity of the Christ himself—in solving the problems of race relationships, or a hundred other problems that rack the souls of men, and threaten the whole world with ruin today. "I am ready to admit," said George Bernard Shaw to a Lon¬ don audience some time ago, "that after contemplating human nature for nearly sixty years I see no way out of the world's misery but that which would have been found by Christ's will, if he had undertaken the work of a modern practical states¬ man." If George Bernard Shaw has seen a new light, I think we may hope that the world may soon be ready to try out the Master's way of life. And first of all that way is a way of righteousness, said Hugh Black to our students the other night; otherwise there can be no peace or joy for men or nations. And it must be righteousness economic and social as well as civic, all three, or we shall drop still deeper into the bottomless pit of world-wreckage. Mr. Jackson: I would like to ask Dr. Branson about the size of the farms. Dr. Branson: We are not cultivating too much. We have to change the whole system. The per acre production is small. 42 Lawlessness or Civilization—Which? Dr. W. H. Mills: It seems to me that in the ultimate analysis in those things Dr. Branson has called our attention to, we have a call, a summons, to the very highest social service. You heard what Dr. Branson said about the supreme importance of land and home ownership; you heard him quote the old Anglo Saxon saying "The land is the man—no land, no man?" You heard his further weight of statistics that the colored man is buying land. All that is perfectly true, and then you listen to his statement that we as Christian men and women must sell him the land. That is what it comes to. It means that the civilization of the South is changing. It means that it makes it harder and harder and harder for the white family in the South to maintain itself under present tendency. I am perfectly free to say that I don't know how all this is going to turn out. I believe with Dr. Branson that the colored man must own the land and that as a landlord I must swallow my own prejudices and the opposition of my neighbors and sell the colored man the bit of land if he wants it. It makes it hard for me and for my white neighbors but we must do it in the hope that ultimate good will come of it, but I confess I cannot see the end. The Chairman: I don't undertake to forecast just what our Southern civilization may be. If 1 may say just a word—it is not all made up of Negro majorities. That is largely true of the cotton belt,—that would be true of about forty counties in North Carolina; but whether we want it so or are minded to have it so or object to the Negro, it is the following out of a fatal law; when two races side by side are struggling, the lower always wins out against the superior race unless the superior race is protected by superior skill, and so in the cotton belt, whether you approve it, or I approve it, or like it, or however we struggle, the Negro is winning out under the law. That has happened in the coal fields and the silk mills in New England,—that they have been shoved out. I don't know what that means in the providence of God. Dr. Jones: I some years ago made a study of the East Side in New York City. For five years I kept one side of a city block under intimate observation, and I found that there was a very regular change in popula¬ tion. First that block had been occupied by Irish, then came along the Jews and the Irish went to the better parts of the city, got better jobs, and the Jews had just come from Europe; then the Jews went on up and when the Jewish people had gone on up higher the Italians moved in; so I think the white people are moving on up in the same way. I made some careful observations as to the Negroes during the last census. In the border states such as Virginia, Kentucky and Maryland, quite a large number of counties actually lost in Negro population; Kentucky 8 per cent loss in Negro population. In the black belt of Alabama, where I made intensive study, I found comparatively few registration areas—counties were divided into registraton areas for the purpose of registration,— there were very few in which Negroes had increased. They had moved southward in less populous sections just as white people had done. In the border states the whites and Negroes didn't move the same way. The Lawlessness or Civilization—Which? 43 whites increased and the Negroes decreased in the border states, but in the black belt the Negroes and the whites moved exactly the same way,— where one decreased both decreased and corresponding figures made the same per cent. The property that they acquire is a great hope for their future, but the amount compared with the amount that the white people own is so comparaively small that I cannot see that here will be any trouble about adjustment and it will be so gradual that white people won't suffer. With this increased migration North, the North will have contact with the problem, and I think the race is going to be scattered and that all will have a hand in the problem to work it out. 44 Lawlessness or Civilization—Which? THIRD SESSION Sunday Morning, August 5. RELIGION THE BASIS OF RESPECT FOR PERSONALITY J. L. KESLER, BAYLOR UNIVERSITY, WACO TEXAS. Waiving aside every metaphysical consideration as not per¬ tinent to the purpose of our present inquiry, religion, deeply planted in our nature and our necessities, includes a sense of God and a sense of human conduct. It also includes as a fundamental asset, a sense of human values. "What doth the Lord require of thee but to do justly, and to love kindness, and to walk humbly with thy God?" Men have always loved right and done wrong, worshipped truth and followed false gods, been conscious of reality and substituted fictitious sac¬ rifices. Every great prophet brings us back face to face with reality, every great movement, every great event. Micah speaks to-day's message to to-day's men because he touches life where men live it, where men feel it, where men share it. It is written in the constitution of the universe and in our¬ selves: "Whatsoever ye would that men should do to you, do ye even so to them." The centre and the soul of all right religion is here set forth. It anchors in the Infinite. It beaches on the human shore. It invades the conscience. It penetrates personality and fits it for the social task. It functions as feeling and passion for democracy. It is the norm and con¬ stitution and guide to both the individual and the community. It is the law of life. It is what Carey in his Past, Present and Future calls "The great law of Christianity, which requires that every man shall respect in others those rights of person and property which he desires others to respect in himself." Religion in its nature has a just regard and appreciation for those qualities and excellences which constitute personality, and its chief concern is not only to conserve them, but to produce them. It is not only passive respect for personality Lawlessness or Civilization—Which? 45 and life as the basis of a community of interest and well being, it is the active agent in life's ministries and mercies in life's crusade for life. Religion is a concrete, living thing. It ex¬ hibits itself in the realities of a fine life. It is personal. It interpenetrates the feelings. It dominates the will. It lifts the horizon. It breaks bounds. Palestine cannot hold it. Nor race, nor color, nor climate shall shut in its ample sky. It discovers and reveals the dignity and amplitude of human dimensions. As Bishop Brent says, "The only relationship big enough for any one man is all the rest of mankind." "What a piece of work is man! how noble in reason! how infinite in faculty! in form and moving how express and ad¬ mirable! in action how like an angel! in apprehension how like a god! the beauty of the world! the paragon of animals!" (Hamlet.) Religion holds life itself sacred and inviolable, and will not invade uninvited the sacred precincts of personality where God alone meets life's high priest face to face in her holy of holies. In a word, religion makes a man a gentleman. And yet as we face "all the rest of mankind" to-day, what a welter of wickedness and blood! The cries of the world are tragic. A great unrest smoulders and threatens with suppressed violence and volcanic fires. Rupture and unreason hold humanity in hostile camps, while vengeance and slaughter wreak their wreckage with unabated fury. The deep disallu- sionments breaking forth from the weird storm of a world war confuse and paralyze the participants and threaten the stability if not the very existence of our political and indus¬ trial order. The ferment is already brewing in our social vats. The storms break fearfully on the high seas. The tides run wild. The great deep is broken up. The clouds are black, and turbulence and deep darkness cover the sky. Men are being lost and the progress of the centuries sunk in the wild waste of waters, because men forget God and hate one another. Wherever love is, there is righteousness and peace. Wherever hate is, there is crime and war. Life fails because love is lost. Personality does not count because hate is blind. The nations do not understand each other, and individuals are as blind as the nations. Racial prejudices grope in futilities and shadows of lost perspectives and half remembered wrongs. Class aver- 46 Lawlessness or Civilization—Which? sions, labor and capital, the partizan spirit can neither see nor hear. While we sit complacent under our own vine and fig- tree, knives are whetting for human throats. Hate is blind and stumbles into pitfalls, and writhes in the toils of its own fatalities like a coiling brood of Egyptian vipers, and odious life looks out into starless night. "How can God stand it!" For all this chaos and catastrophe there is but one sunrise. It is love—a great brotherliness in which not a single human being is left out, however wretched or of whatever race. "He that loveth his brother abideth in the light, and there is none occasion of stumbling in him. But he that hateth his brother is in the darkness, and walketh in the darkness, and knoweth not whither he goeth, because the darkness hath blinded his eyes. . . . We know that we have passed out of death into life, because we love our brothers. He that loveth not abideth in death. Whosoever hateth his brother is a mur¬ derer : and ye know that no murderer hath eternal life abiding in him Let us love one another: for love is of God; and everyone that loveth is a son of God and knoweth God: for God is love If we love one another, God abideth in us, and his love is perfected in us God is love, and he that abideth in love abideth in God, and God abideth in him If a man say, I love God, and hateth his brother, he is a liar: for he that loveth not his brother whom he hath seen, cannot love God whom he hath not seen..... He who loveth God loveth his brother also." (First Epistle of John.) It is inevitable. Love alone can heal life's sores or break the long and tragic night of its weltering gloom. In order that we may realize how the Christian religion looks after the details of the individual life on the human and social plane, I read from high authority: "Let love be without pretense. Abhor that which is evil; cleave to that which is good. Be kindly affectioned one to another with brotherly love; in honor preferring one another; not slothful in business; fervent in spirit; serving the Lord; rejoicing in the hope; patient in tribulation; continuing instant in prayer; distributing to the necessity of saints; given to hospitality. Bless them that persecute you: bless and curse not. Rejoice with them that do rejoice, and weep with them Lawlessness or Civilization—Which? 47 that weep Provide beautiful things in the sight of all men If thine enemy hunger, feed him: if he thirst, give him drink." To obey this command in time of war would stamp us traitors. War in its nature is absolutely incompatible with Christianity. One is the fruit of love, the other the fruit of hate. You cannot have one without love; you cannot have the other without hate. "Render to all their dues: tribute to whom tribute; custom to whom custom; fear to whom fear; honor to whom honor. Owe no man anything but to love one another; for he that loveth another hath fulfilled the law. For this, Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false witness, Thou shalt not covet; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbor as thyself. Love worketh no ill to his neighbor: therefore love is the ful¬ filling of the law." (Romans.) Religion requires more than to be "holy, harmless, and un- defiled." "Ye have heard that it hath been said, 'Thou shalt love thy neighbor, and hate thine enemy.' But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you and persecute you Be ye, therefore, perfect even as your Father in heaven is perfect." Religion not only holds inviolable all human life, but con¬ tracts under high terms to save it and minister to its comfort under all conditions of lacerating irritations. These are not dreams. They are insights into life and requirements for conduct. What, then, is Christianity? (for we are to consider religion in terms of its highest expression). It has been heralded as grace from the Greek word, Xapis, till we forget it as a function and think of it as a fetish. The word means joy, charm, beauty, from the Greek word, x