The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-11

your attention TO the subject Of appeals In
criminal cases.
The 1ails In the country parishes are gem
orally insecure and opportunities for escape
are Afforded to accused parties through the
long delay OF o regular return day.
Besides this danger of escape the parishes
| are burdened with very heavy expenses in
supporting the prisoners during the long peg
Rod between conviction and execution of sem
| tenee. Articles "a and 1909 Of the Revised
Statutes should be amended so as to make II
the duty OF the judge, whenever an appeal ia
| asked for in o criminal case to himself fix d
special return day, and to designate the place
Of return, due regard being had to reasonable
time. In other words, / think that what is
now right of the accused under these sec
tions shoald be made right Of the State.
There prevails very generally the belief
| that 1t is discretionary with committing
magistrates to allow, or not, the waiver OF q
| preliminary examination In criminal matters
| on the person charged with crime furnishing
bond. This waiver should be prohibited. It
does away with the perpetuatlon OF important
testimony, and Witnesses are frequently not
to be- found when most needed. Whilst ON
| this subject, / would say that the object of
| section 1905 is not declared; it was scarcely
| intended, think, to cast upon the Executives
the duty OF passing upon the legality Of all
| the steps in O criminal trial. and thus
impose duties, judicial In their eharac-
ter, upon him. Ii SO, the extent and
limit Of this duty is not defined, and the
Governor Is placed Is most embarrassing
position. ! suggest that section 1905 Of the
Revised Statutes be amended, so that only
specified portions OF the record be sent to the
Governor, as, for instance, tho bill Of indict-
ment, arraignment, plea, verdict and se1-
tenee as evidence to authorize the issuance of
the death warrant.
] think It proper time whilst ON this SUBJ
ieGt OF criminal law to allude to the position
Of the Executive In regard to the pardoning
power. No more important duty Is imposed
upon him. Applications, either for absolute
pardon or Communication of sentence are co1l-
stantly made, upon allegations OF fact which
the Executive as matters stand Is called
upon TO adopt as true ON unsworn or ep
porte statements.
The danger Of acting on such statements Is
apparent, no matter how respectable the
source from which they come.
The Governor should be authorized at his
discretion, to eonvoke q Commission OF in
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 tee
timony upon the points ON which the app1ica-
ton for pardon is based, and directed 10
transmit the evidence taken to the Governor.
either with or without an expression OF opin-
| 10. III -. II.
it's Attorney General, District Attorney or
District Attorney pro tena., should be notified
OF the time and place of examination, and al
lowed to ross-examine and offer rebutting
, testimony 1t should be made obligatory ON
persons selected to perform the duty.
I, Of course, would not attempt to suggest
all the details Of such bill, but would re-
/ mark that 1T would greatly assist me In the
q discharge Of my duties.
a The criminal statutes OF the State on the
4 subject of bribery and fraud are not suffi-
/ GENTLY far-reaching, nor are the penalties
, imposed adequate. In many OF our sister
I States under the obligatory clauses Of their
constitutions comprehensive laws have been
enacted which are worthy Of imitation,
q ELECTION Law,
r |
should be carefully re-examined, as many au-
I thentic original evidences Of the result OF the
o vote should be taken as Is consistent with the
n proper performance Of their duty by the OIL.
0 GERS at the polls, and their transmittal should
, be effected through different reliable channels
r to different offices.
= In other words, the will Of the people, az
: expressed at the ballot-box, ought to be SAFE
Z guarded by the integrity Of several persons
aud at no period risked upon single respon-
+ siblity. One set Of originals should be sent
4 to the Secretary OF State. / suggest the
Q forty-first section be amended, 80 as to substi
t tute some one In lieu Of the district judge
i mentioned therein.
The registration law also needs revision.
d Registration has been effected In very few
r parishes owing to litigation In reference to
Q the printing of the blanks. The Assessors
Q claim that they are entitled each to two hum
9 dred dollars for every year they are in office,
: including the year 1877. They contend that
they were not In fault In making no registra-
o ton.
9 have declined to approve their claims;
9 besides doubling the text of the law as to
: their right, there was no appropriation. In
g my opinion therefor, IL / have mistaken the
: law In this particular, the matter is open for
legislative correction.
u VACANCIES.
Legislation on this subject should be made
more definite. The channel or medium Of
communication to the Governor OF the fact Of
the vacancies in an office should be deter
mined, and also what constitutes official in
| formation.
!, have, during the recess. ordered special
elections for vacancies in the House Of Rep
" resentatives, under the Interpretation placed
: upon the existing law by the Attorney Gem
) eral, TO whom had submitted the question.
= do not limit my remarks to vacancies In the