The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1879-03-27
CRIME IN TEXAS.
Comparative Impunity frum Arr~st-lA /
Proposition Looking 10 the Outiswry Of
the DespensdOes.

Com pAr.stive Impunity frWsn Arr~st-A
Proposition Looking 10 the Outiswry Of
the Dsspensdoes-
From the Gall s>sop. Tsxas News.
A citizen whose long and varied experi-
ence at the Bar and on the Bench enables
him 10 bring to the theme extraordinary
fullness Of information and ripeness Of re-
Election, maintains that, As rule. the
courts Of Texas are not below, but rather
above, the a, erage Of the courts In other
States in the percentage of convictions IN
cident to the total number Of persons ac-
tually before them for trial under charges
OF crime. He also maintains that the
criminal laws Of Texas are not defective
IN any material particular. Perhaps few
readers will dispute that he succeeds IN
establishing these points. What then /:
II there is no dereliction Of the courts,
and no insutiiGency of the criminal laws,
how comes 1t that CRIME increas, 5, while
the Civil Government remains apparently
in a hopeless inability to arrest the Grim
NAL progress. The writer referred TO at.
tributes the evil to the large and plentiful
opportunities which are afforded 10 Grim
inals and desperadoes for fleeing. escaping.
evading arrest, or resisting 1t with indi-
vidual or banded and organized force.
But he does not attribute their immunity
so much TO the want OF some efficient tx
ecutive agency as TO the certain constitu.
tional guarantees Of personal rights which
throw a panoply Of protection about law
breakers, and leave the law abiding prac-
tically beyond the pale of the laws pro
lection. He refers particularly TO the pro-
vision IN the Texas bill of rights-sub-
stantially copied from similar provision
in the Federal Constitution-that in all
criminal prosecutions the accused shall
have a speedy and public trial by an I'M
partial Jury: that he shall have the right
OF being heard by counsel: that he shall
be confronted with the witnesses against
him, and shall have compulsory
process for obtaining witnesses IN
his favor; that he shall not be held TO an
swer for any grave offense unless on in
dictment by a grand jury. II is sugges
ted by the writer that the more desperate
classes of notorious criminals, who defy or
escape arrest, might. with justice and ~
pediency, be deprived Of the benefit OF
such guarantees by AN amendment OF th,
constitution providing for their trial with
out an appearance III person and their
final outlawry upon conviction in due
course of law. A constructive arrest and
arraienment by published citation and
an unexecuted summons may appear as a
cheap enough substitute for some KIND of
adequate organization OF expeditionary po-
lice. but the efficacy even Of so extreme a
method Of dealing with law-breakers con-
coded 10 be above or beyond the laws they
will he questioned At the same time II
is only too true that in this country we
have carefully wrought into our coustitn-
tions guarantees of personal rights which
have operated. to the great detriment Of
society as guarantees OF criminal immuni-
ty. The guarantees in question were org
inally conceived in England when the
common people and the unprivileged class
es were struggling against the arbitrary
pretentions Of monarchy and nobility.
Their purpose, a. originally asserted. was
10 protect the weak and innocent subject
against oppression at the hands of iawie.s
power. Sovereignty was not then conced.
ed 10 reside with the people. but with
ROYAL dynasty. The people grasped at
the utmost they could get in ball Of
rights as a protection against despotic as
saults Of the sovereign. But in this coun-
try the people are sovereign. Our rebels
are those who break the laws Of this sover-
eign by assaults upon life and upon prop
erty. They are those who arm and band
together, and with more or less suocefs re-
pudiate, condemn. and trsmple upon the
authority OF this sovereign. And 80, By
strange and monstrous Invexbon. right,
that were originally conceived and intend
ed as a protection OF the people are founi
10 be occupied az a citadel. an arsenal.
and camping ground for their enemies