The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-04-19
Az OBJECTION 70 THE cRlAaIHA- co5i
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Az OBJECTION 70 TIE cRIaaIsA- co5s
osvcs.se Psttg Stsssme.t oensiisssa.
EoIr"s Nsv Ne1.u.ws,r-
7" ''rrect misrepresentation I desire Il
occupy spice In your paper f"r tic purpose
1T expressing my views upon clause il
G"vrr",r Potts Message to the Legislative
Assembly "f this Tertiary now c"nycnr
in Exi'a"riinary Srssi',n. The clause re-
fer-ed 10 reads as follows:
I'm chapter four. relating to offences
AGAINST the lives md pcrs'ns Of ind;vidu
''ais on page 2''3. src,iun IL. defines genrr
"n'Iy The crime Of murder. Section 81
''drtincs what shall I've mur.lrr in the frs
''d'Ercr. and thai all other kinds If murder
''sl'"il I've murder in the second degree; and
Thea sections 2! and - again define what
shall Ike murder in the first degree.
''a"d. lastly. src,i,n q defines what sl,si
CONSTITUTE the crime III m,ni.siauy htrr
mere does moi aII" ar iu t'r any lMhxliy
'niiXcd tor the crime .lrscriiM1l in ser,'O,
'|o. nor II there All! thing defining whs'
shall constitute the crime Uf murder in the
''s't"nd degree"
Such n'ic:"mccs rs the above from u mar
"f >" good sense AID 81 able Il lawyer ~ tic
Governor. rar only bc accounted for upO,,
the snpI"'siii"n They were male nj som.
other persons suggestion and with"u,
Thought on his part. Our statute upon ihi.
su'j'ct i the same rs tho, of California,
Nevada and Idaho Tcrrit"ry lanL | think
Pcnnsylvnnia) word for word. 1t is sub
s'a"ially the same as the statutes Of Maine,
New York. New Hampshire. Ncw Jersey,
Alabama. Tennessee and Michigan upon hi.
offrnsc. Wharton. in his American Grim.
'hal Law says Of these s'a'uics:
Murder in the first degree in each Of the
'a"'ve given statutes is defined Generally
''and IL The" extended in sucI, . way rs 4.
''c'vcr certain enumerated instances. il be
! Ing provided that ALI eases no, either emu
''mria'cd Or falling within the gene, al
! "dcfnitnn. sl.al! be murder in the second
'dcrWc."
Now. this is precisely what hns been don.
in oar statute. F'rst, The general definition
Of murder is given IN section IL; Second. il,
section II, murder is divided into mur.lcr il,
The first and second degrees. A certain
class Of murders are dcnuM.nltcd murder
in the fist degree and all other kinds of
murder are c!assr,l as murder in the second
degree. As the Governor asserts tina, Their,
is NO definition Of murder In the second de-
gree he must hold that there are NJ other
Kinds of murder embraced in section is,
tsaH those classified rs murder in the frs,
degree, . proposition which. unfortunate
y for the Governor, is universally hcl,
revcrsc!y by The courts and all text writer's
up"" the subject.
Scrtio" 81, the Governor says, defines
murder In the frs. degree. The section
COMMENSURATE murder which shall he
pe'petra'ed. Sc" Defining murder and then
using the term ''mcrier' in tho definition.
IS coming out y, the same hole ore gocs in
ut. think the Governor had certainly bet
ter reconsider that proposition. section 81,
only docs. and only was intended to, CLASH.
~ murders making some Of the first degree
and Others OF the second degree. and is nO,
o definition Uf either crime If murder IN the
frs, Or second degree. Both murder IN the
first degree aud murder IN the second de-
gree are COVERED Ivy the definition in section
IL. mo penalty is affixed "a the crime de-.
scribed in section 1S. the Governor SAYS. l
have shown that one class Of off.nscs de-.
fined n section IS are clssscd as murders of
the first degree, and vii that are not murders
of the first degree belong 10 the second de-
gree. Section . then provides tue penalty
IF each degree.
The Governor seems To think there Is
some conflict between sections q.
aud sections g and q. These last two
sections provide that he who kills his
Antagonist in ~prizc fight, or any other
agreed contest, Or in n duel shall b.,
deemed guilty Of murder in the frs, degree.
| think can discern what presented itself
Ia the critical mini Of the Governor here ~
in section 81; after cnu'ncraiinsa cas- Of
murders Us those Ut tho first degree, i, pro
vidcs thu, all other kinds Of murder shall l,.
''ccmcl murder in the second degree. aud
here. !" these 'wO sections, % q, I'd @. are
Nv" Oifenscs deemed murder 10 the frs, de.
degree. and not enumerated: rs iieinnying to
the class Of murders in the frs, degree in Tia
section. Hence all other kinds Of murder
are not murder in the sccond degree. and
hence there is conflict ict wcen that clause
Of section q classifying murder in III. se.:.
Ond degree, aud sections % I'd q, Sec.
finnc - aud % f.> nat an ,I,.. 1.--
ser's, define murder in the first degree. /,
rays that he who commits the offenses there.
!" Described shall be deemed H. have com-
mit'ed murder in the first degree. What il
murder in the first degree Murder cum
United w'lfully, deliberately and with pre-.
meditation. Would there be any confic,
then between that clause and section 23Y
None whatever, undoubtedly all would
say, because this would fall within the class
enumerated in section 81 rs murder in the
first degree. Yet this -. I judge the proper
way to constrIc these sections. A very
little attention 10 the terms used will often
tlispel many difficulties of this kind II this
were not the proper way to arrive ut the
construction Of these sections, still q Cour,
would have no trouble with them. The frs,
thing Cour; seeks in statute is the inten.
ton Of the Legislature. and all stat ur.s should
be 50 construed Us to prevent a conflict he
tween them if possible. Observing these
rules the way is plain; other Territories
and many Of the Statcs have statutes which
present the same features u ours, and an
not aware that any difficulty hos occurred
anywhere else concerning them.
would say 10 the Legislative Assembly
b. careful how you, in pursuance Of the
suggestions Of our Governor, ATTEMPT 10
modify Or change the statutes upon this sub. |
Jet. There il u detinition Of murder in the |
second degree in the Ohio and Indisna stat. |
ites. They will not. however, lit well into |
'urs No more comprehensive classification
It murder in the second degree can be made |
hs" to say I'll murder which ia not enumer
lied - murder in the frs. degree. shall he
murder in the second degree, No offence