The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-07-09
Ear "a. Eerala Of Freedom

would be the effect of the omission to put
in saving clause in the Act repeating
the criminal law of 1856, ami criminal
procedure. now beg leave to present
a few decisions or points decided by vari
Gus courts, in relation to repealed penal
law without a saving clause.
l. If the law, under which a convic-
ton takes place, be repealed without a
saving proviso as to pending prosecutions,
sentence cannot be awarded upon such
conviction. Commonwealth Us. Mar
shall, IL Pickering reports, page $50;
Commonwealth Us. Kimball, 81 Picker
ing reports, page 373.
2. Where an offense is made felony by
statute and the statute is afterwards re-
pealed, no proceedings can be had after
that time for an offense committed under
it, unless the repeating statute have pro-
viso authorizing the proceedings. Nor
does it vary the rule that the repeating
statute has clause describing the offense
and prescribing the punishment in all
respects the same with the statute repeal
ed. Scott u.s. Commonwealth, 2 Virgin
ia cases, 81 State Us. Cole, 2 McCord, 1.
8. II statute, creating an offense, be
repealed after the commission of that
offense by an individual, but before he is
tried for such offense, repeal of the
repeating statute revives the liability of
the offender. Commonwealth Us. Mott
81 Pickering, page 1872.
4. The effect of repeating a statute
varies according to its nature and object,
and the circumstances Of the case; as,
LIST, if it be in the nature of contract,
or grant of power, repeal will not divest
interests acquired, nor annul acts done
under it. I'd, If the Legislature, er nero
nsotu, by statute, give an individual
property belonging to the State and he
accepts it, repeal Of the statute would
not deprive him of the property
Sd, If penal statute be repealed after
acts done in violation, the violator is not
subject to punishment under it. 4th, When
statute, restraining a mans natural
rights or his use of his property, is re-
pealed, he is restored to those rights as
before the law passed. See James Us.
Dubois, Harr., 2s5.
5. No judgment can be rendered for q
penalty given by statute after the statute
is repealed, although the action was com.
menced before the repeal. Pope Us
Lewis, 4 Alabama, 4S7.
6. Penal statutes are to be construed
strictly; Our own statutes. Warren U.s.
Commonwealth, Penn. R., 1874; State
Us. Soloman, 8 Hills S. c., Sc; Andrews
Us. United States, 2 Story, 2o2.
z. Penal statutes are never to be ex.
tended by implication. Andrews Us. U
s., 2 Story, 202.
8. No proceedings can be pursued un.
der a repealed statute, although began
before the repeal, unless by special claus
in the repeating Act. 4 Yates reports
page 1872.
8. An indictment cannot be supported
for an offense under statute which i:
repealed before the prosecution instituted
unless the repeating law have a saving
clause. U. S. Us. Passmore, Wash
ington's Circuit Court reports, page "a.
ID. A person indicted for an offence
created by statute, cannot be convicted
after a repeal of the statute unless the re
pealing statute contains a saving clause
Taylor Us. The State, Blackford's reports
SO.
Justice Dewey closed his opinion will
the following remarks mo principle il
better settled than that conviction can
not take place after the repeal of a violated
law, unless the repeating act contains 9
provision for that purpose. Such is moi
the fact in the present case" (nor is it the
fact in the repeating act Of the Kansas
statutes of 1859
II. IAN offense against temporary
act cannot be punished after the expira
ton of the act, unless some provision fol-
that purpose be made; and provisO in {
laU which repeals the temporary act, thai
persons may be punished for past offenses
as if the law had not been repealed, is no
such a provision"
This was case violating the neutrality
laws of the United States by the brig Ii
Irresistible, under the act of Congress
passed March, 1917, to continue in force
two years from date. In April, 1918, this
act was repealed, and all other acts on thai
subject, and annexed to the repeating clause
was the following proviso: "Provided
nevertheless, that persons having offended
against any of the acts aforesaid, may be
prosecuted, convicted and punished as if
the same were not repealed, and no for
fixture heretofore incurred by violation
of any Of the acts aforesaid shall be eff
fected by such repeal"
Chief Justice Marshall delivered the
opinion of the Court, and closing, remark
ed "The obvious construction of this
clause is, that the po,oer to prosecute, con-
vict and punish offenders against either of
the repealed acts, remains as if the repeal
ing act had nerer been pissed"
II does not create po,oer to punish, but