The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1878-01-23

S''" fS"Fi' w 'hiH WY anu C'dtc.
Daring the troubles through which
Louisiana has now happily passed, her
sons cody, quietly, but steadily and
firmly stood ready to assert and main
tain even to the death the supremacy
OF her legally constituted authorities;
their patriotic devotion to duty, gal
lantry and patient endurance were all
called into rrquisition at that critical
period, and were specially exhibited
upon several c"nSpicuous occasions
nn1er yonr own eyes. They deserve
and have the warmest gratitude of
their fellow -citizrns.
CRIMINAL LAW.
Ms attention has been directed
through the operation OF section 1905
Of the Revised Statutes, to either the
carelessnrss or ignorance of some of
the clerks of courts in the State in the
discharge of their duties in criminal
matters. | have been forced in seve-
raj instances to delay the execution of
the death penalty in consequence of
having to return for correction the
transcripts forwarded to me and in
one parish it will require term Of
court before these corrections can be
made.
| Suggest law, making it expressly
and specially the duty of the district
judges t" give personal supervision
from dav to day over the minutes of
their courts in criminal matters, and
imposing on them the duty OF seeing
that the entries in the minutes make
mention, conformably to the truth, of
every fact essential under the criminal
law. l call your attention to the sub
ject of appeals in criminal cases.
The iails iu the country parishes are
generally insecure and opportunities
for escape are afforded to accused par.
ties through the long delay of a regu-
lar return day.
Besides this danger of escape the pa
risLes are bnrdened with very heavy
expenses in supporting the prisoners
during the long period between con.
viction and execution of sentence.
Articles 81 and 1909 of the Revised
Statutes should he amended So as to
make it the duty of the judge, when
ever an appeal is asked for in Il crimi-
ual case, to himself fix special return
day, and to designate the place of re-
'urn. due regard being had tn reasona-
bic time. In other words, think that
what is now q right of the accused un-
der these sections should be made
right of the State.
There prevails very generally the
belief that it is discretionary with
committing magistrates to allow, or
not. the waiver OF preliminary exam
ination in criminal matters ON the per-
son 'harged with crime furnishing
bond. This waiver should be prohlbi-
ted. 1t does away with the perpetual
ton of important testimony, aud wit
nesses are frequently not to he found
when m 'st needed. Whilst on this
subject, | would say that the object of
section zoos is not declared; it was
scarcely intended, think, to cast upon
the Executive the duty of passing upon
the legality of all the steps in crimi
nal trial, and thus impose duties; judi
cial in their character. npon him. If
so, the extent and limit of this duty is
not defined, and the Governor is plac-
I'd in a most embarrassing position. l
su.gcct that section 1905 of the Revis-
ed Statutes be amended, so that only
specified portions of the record bc sent
TO tae Governor, as, for instance. the
bill of Indictment, arraignmeDt, plea,
verdict and sentence, as evidence to
authorize tile issuance of the death
warrant.
I think it proper time. whilst on
this subject of criminal law. to allude
to the position of the Executive in re-
gard to the fardoning power. No
more important duty is imposed upon
him. Applications, either for absolute
pardon or Communication of sentence,
are constantly made. upon allegations
of fact, which the Executive, as mat
tiers stand, is called upon to adopt as
true on unsworn or ex parte state
ments. The danger of acting on such
statements is APP aren't, no matter how
respectable the source from which they
came.
The Governor should be authorized
at his discretion, to convoke "com-
mission of inquiry" to aid him in the
proper discharge of the par'loning
power. This commission should be
composed of one or more citizens Sc
lected in each case by the Governor ;
they should be sworn before acting,
authorized to compel the attendance of
witnesses, take testimony upon the
points ON which the application for
pardon is based, and directed to trans
NIT the evidence taken to the Govern
or, either with or without an expires
sion of opinion, as he might require