The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-10
serve and have the warmest gratitude Of
their fellow-etizens.
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serve and have the wHrmeBt grRtltude OIL
their fellow-eitizens.
| CRIMINAL Law.
| NV attention has been directed. through the
| operation of section zoos Of tho Revised Stat
utes to either the careleasness or ignorance Of
some of the clerks of courts In the State in the
| discharge Of their duties In criminal matters.
| | have been forced i'm several instances to de-
lay the execution Of the death penalty in con-
sequence Of having 10 return for correction
| tho transcripts forwarded to nc. aud In one
parish IT will require u term of court before
these corrections can he made.
| suggest u law. making IL expressly and
specially The duty Of the district Judges to
give personal supervision from day to day
over the minutes of their courts I'm 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. | call
your attention to the subject of appeals IN
criminal cases.
The iails in tho country parishes are gen
orally insecure and opportunities for ESCAPE
are afforded to accused parties through the
long delay Of q regular return day.
are burdened with very heavy expenses In
supporting the prisoners during the long pc
Rod between conviction and execution of sen
tenoe. Articles IA and 1909 of the Revised
Statutes should be amended SO rs TO make 1t
the duty Of the judge. whenever an appeal Ia
asked for In n criminal case to himself fix n
special return day, and TO designate the place
of return, due regard being had TO reasonable
time. In othor words, I think that what is
now right of tho accused under these sec
tions should be made right of the State
There prevails very generally tho belief
that IL is discretionary with committing
magistrates TO allow. or not, the waiver Of n
preliminary examination In criminal matters
on the porson charged with crime furnishing
bond This waiver should be prohibited It
does away with the perpetuation Of important
testimony and witnesses are frequently not
to be found when most needed. Whilst on
this subject, l would say that the object OF
section 1905 Ia not declared. 1t was scarcely
intended. think, to cast upon the Executive
the duty of passing upon tho legality Of all
the steps in criminal trial. and thus
impose duties. judicial IN their charao-
tor. upon him. It SO. the extent and
limit Of this duty Is not defined, and the
Governor IL placed is n most embarrassing
position, ! suggest that section 1905 of tho
Revised Statutes be amended. so that only
specified portions Of the record be sent to the
Governor. IA. for instance, the bill of indiet-
ment. arraignment plea, verdict and sem
tence. IA evidence 10 authorize the issuance Of
the death warrant
think 1t proper time whilat on this sub
ject of criminal law. to allude to the position
of the Executive In regard 80 tho pardoning
power. No more important duty is imposed
upon him. Applications, either for absolute
pardon or Communication of sentence. are con
atantly made. upon allegations Of fact. which
the Executive as matters stand. ~ called
upon to adopt as true ON unsworn or er
payte statements.
The danger of acting OH such statements il
apparent, no matter how respectable tho
source from which they come.
The Governor should BIO authorized at his
discretion, to convoke u commission of in-
quiry" to aid him In the proper discharge of
the pardoning power. This commission
should be composed of one or more citizens
selected in each case by the Governor; they
should be sworn before acting, authorized to
compel the attendance Of Witnesses take tes
timony upon the points on which the applica-
ton for pardon is based, and directed to
transmit the evidence taken to the Governor,
either with or without an expression OF opin-
ion, as he might require. The State, through
its Attorney General, District Attorney or
District Attorney pro tenn, should be notified
OF the time and place Of examination, and al
lowed to cross-examlne and offer rebutting
testlmonys II should be made obligatory on
persons selected to perform the duty.
], OF course, would not attempt to suggest
all the details of such bill. but would re-
mark that it would greatly assist mo in the
discharge of my duties.
Tho criminal statutes OF tho State on tho
subject Of bribery and fraud are not suffi-
GENTLY far-reaohing, nor are the penalties
imposed adequate. In many of our sister
States under the obligatory clauses Of their
constitutions comprehensive laws have been
enacted which are worthy Of imitation.
ELECTION LAW.
The election law passed at your last session
should be carefully re-examined, as many au-
vote should be taken as is consistent with the
proper performance Of their duty by the Off
GERS ut the polls, and their transmitted should
be effected through different reliable channels
to different offices.
In other words, the will Of the people, as
expressed at the ballot-box, ought to be safe
guarded by the integrity of several persons
and at no period risked upon a single respon-
sibility. One set of originals should be sent
to the Secretary of State. / suggest the
forty-tirst section be amended. so as to substi-
tute some one In lieu Of the district Judge
mentioned therein.
The registration law also needs revision.
Registration has been effected in very few
parishes owing to litigation in refere nee to
the printing of the blanks. The Asses sors
claim that they are entitled each to two hun
dred dollars for every year they are in Office,
including the year 1877 They contend that
+l,,,, not Fo,,l IN M