The comet., 1880-01-17

To the Editor Of the Comet.

bled at the Capitol TO transact the mos
important legislation that has beel
before them for many years, IL Is
the utmost importance to the interes
of the State, and our impoverlshe'
people, that the excitement inciden
to the election of United States Sen
ator, should notidsturb the equanimit.
of our Legislative fathers, so that pru
dent caution, wise counsel and conser
vative craftsmanship, should not pre-
vail.
They will have before them the new
Code of Laws towhich every citizen o
the State submits, not only his for
tune, but his liberty and his life. /
occurs to me, also, in this connection
that now is the time, when the press
the great bulwark of freedom, with it'
Argus eyesand myriad tongues, should
largely devote itself to the suggestion
and discussion of the needed reforms
or additional legislation required al
the hands of that august body. Too
often, | fear, do we sit idly by, and
trust alone to our Legislators, unaided
by any suggestion or practical expert
ence from their constituency, to evolve
from their own brain, laws deeply af-
fecting our interests, and to the mex
perienced seemingly calculated for
good, and then afterwards, when they
are enforced and develop their inefli-
cheney or harshness, complain most
bitterly of their want of legislative
foresight and practical Judgment.
With your permission, / propose to
submit Il few suggestions for further
consideration and development by
ADLER pens, with reference to that
branch of the Code seldom discussed
in the newspaper press, and generally
TUNED over almost entirely to the
lawyers, who happen to be in tn eLeg-
islature. | refer to the Criminal Code.
There can be no question but what
this subject, comprising as it docs, the
life, liberty and often the property of
every citizen in the State, is one of the
gravest importance. And while it is
true in this, us in every other depart
ment of political economy in repre-
sentative government, that popular
sentiment will evolve itself into law,
either by legislative enactment or ju-
dicial construction, it is equally true
that many plain provisions become
inert and imperative by continual
Indifference and neglect to enforce
them. twill readily be conceded also,
that while the law enacting power
should not Disregard "a wise conserva-
tism, a prudent regard for the sacred
ness of forms and rights accruing
under existing laws, and branch
off into radical and revolutionary leg
islation; at the same time they are not
and should not be, as the Judiciary
too often are bound down by existing
precedents to the exclusion of the bet
ter principle.
FIRST-COUNTY JAILS.
1t is plainly made the duty by
law of the Boards Of Supervi-
sors of the different counties in
the State to provide for the safe
keeping of those charged with crime;
its only object is to secure their pres
ence for trial it is simply and only
intended as a restraint. imposed npnn
their liberty, deemed necessary by
the law makers to insure their trial; it
is in no sense intended to be, and every
principle of our law of justice and hu-
demand that it should not be
for punishment. Indeed tits imbedded
in the fundamental laws of the land,
that every one should be deemed limo
cent until COnyicted Of any crime. Any
restraint upon their liberty beyond
this, is grounded In tyranny and
and any imprisonment
that denies to them any liberty,
takes from them any right, or inn
poses upon them any injury or suffer-
ing, beyond what is necessary to
their safe-keeping, merits unquali-
fed condemnation in justice, and
should be expressly prohibited by law!
1t is the common and currently re-
,eived opinion, however, that no SOON
er has man surrendered himself to
he custody of the jailor than he
ceases, from that moment, to have any
'ights-that he is ci0iIiter mOrtuis-and
$ subject alone to the Judgment, will
II caprices of his keeper! 1t is equal
y current, also, and generally by
hose insane wise-acres, whose judgs
nent and effort are largely more ex-
'eRded upon the business of Others
han upon their own, bounded on with
persistency, that if charg-
d with crime they should be incarce-
ated, Gagged or chained, and denied all
rivileges and courtesies; and that, ..
,henever the jailor shall be possessed
f the milk of human kindness, or of
intelligence to know his
qty, and firmness enough to do it re-
ardless of their insape and idle clam :
RS, and to treat a gentleman who has 2
cen thus unfortunate still as gentle
IAN, that he is an official monster, I
nd should be superseded.
Now the unfortunate charged with |
rime, however eXcusable, justifiable
: innocent, must submit to this re-
raint, common to all for the good of
II! But il is not intended to preju- i,
ice, injure, degrade or punish! and
, this no good man will dissent-no
Iw-abiding, order-lOving man will re- =
lse.
These elementary principles, then, :,
eing deemed automatic, how are they :,
'garded throughout the State?
No county shou exist that is not 4
,lp tn build q inil-no Hoard of Cu -