New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-02
HOW THE NEW CODE WORKS.


Penal Code Yesterday we're guided in their express
s,ons of opinion more by the statements winch they
road in the faners with regard to the Code. than by
their exact KNOWLEDGE of its provisions gained from
studyng the Code itself. The number OF lawyers IN
this city who engage in the practice OF crninal IA"
i comnarltlvelv small hence the majority of tho
nrominent members of the bar have not Thought
if necessary to familarize themselves
with the contents of the fenai
Code. except in general way. Ior
the same reason city lawyers have had htile 10 uo
with the legislation which has made the ehai
Code existing law. The Code, as whole. is gehcr-
ally commended. Tie most common cnticiSl Is
against those parts which 10 one expects 10 sec Gnu
cutcd.
"What is The use" asked wel-known lawyer
Yesterday "of passing such laws as those with re-
card to Sabbath-breaking9 The quiet observance
of Sunday is a good thing, 10 doubt. But suppose
the authorities should attempt TO execute theso
statutes literally. There would be no newspapers
published on Sunday or Monday morning, ana none
sold on Sunday No street or ferries could DC
RIM. and MIR. Field might find himself
in the odd position of attempting, as
their legal adviser, to eXtncato inc cle-
waited railroad companies from tho dlnhculty
into winch ne the compiler OF the Code nau got
them. Then. too, a strict compliance with these
~
day excursions in the summer. But, of course no
one exuects that such laws will be enforced, ana
the same is true of many other such extreme and
absurd sections eff the Penal Code. The idea OF the
eonpilers doubtless was that such laws would have
n restraining influence and would furnish the means
to suppress centious and extreme acts when neces
sary But do not believe that the general sentl-
ment of the community will support the
LEGISLATURE in making crimes of acts which
everyone comedies to be necessary and proper
under ordinary circumstances, in order that Uhey
may be punished when they run to an excess
However there are faults in the Code when easily
can be corrected by future Legislatures. me Won
der {" me is not that they arc there Dut RAJ e tau
! il has been possible to frame such WORK WHICH
embodied so few =,
II VAS Thought ut tho District-Attorncy's Office
flat th effect of the Code wOnId not be so marked
i'm the Court of General Sessions as In the ponce
courts the changes are more 1rcHnemt III inc pro-
Visions relating to minor offences. The parts OF
the Code that will largely affect the judges and
jures are those altering the grades o. various
crimes John Sparks. the Clerk OF the Courts OF
Over and 1criuncr aud General Sessions, has pre-
pared list OF some OF the most important OF these
changes. granddaughter, OF which there were ior-
merry four grades. has now only tWo,
The penalty for manslaughter IN mo
first degree IL from tve 10 twenty
years Imprisonment ana lor fFe S TcorS
j,uprisorment BY tins change very much greater
latitude is given the judge, W no may lnIct heavy
IgDt sentence az the peculiar IaCIS Ol elVH 'iEc
may warrant THIS is considered an improvement
over the former grading III which the punishment
for the lowest Gegrce OF manSlaughter was hecessa
rly lgt. A moro complete dchi1 ION is gwen OF
the offence of manning and the punishment IS made
from three 70 five years. kidnapping OF the ab-
duction of children may he punished By lnprs0nc
1ncnt from 10 hitecn years in the discretion OF
tho udrc. Ia place of assault with intent 10 Kill
assault with intent to do bodily harm am! ASSAULT
and battery three d"gree; of assault arc descna',d
the first being punishable by from five to ten
years Imprisonment, the second by I'M
irisonmrnt from two, to five years and a
line oI $1,000 and the thlId by one year IN
PRISON aud . fine OF 300. The penalties for arson
are very heavy The first degree being punishable
by imprisonment from ten years TO HE term; NE
second by term of seven to fifteen years, and the
tllra hy from one 10 seven years imprisonment.
Burglary Is also severely punlshcI, the penalties
being nearly the same Is ior arson Inc i0rglh OF
state documents - punishable ~ imprisonment
for ten years to life term, and the lower degrees
of forgery by of from i've to ten years and one
10 five years. The crmcs OF grand larceny, petty
larceny, larceny from the person. clIbcZzi elncnt
and obtaining goods and money under ialSe pre-
fences have been absorbed iii the grades OF lar
ccny of which the Gr6t degree Is punishable by
nom five zen years mpr> onmrnt and the second
degree by from two 10 i've years. Inc
ola law provided iQf lnpilSoAnHeh ron one 10 I've
years. The penalties Ioi TO '"erI are hraFy ana
large discretion Is gwen TO tn judges wAopr0nOunce
4 siStan. District Attorney OByrne who acts in
l,lacc Of ,DlhIict-Attorney Mckc0n III the lAjters
absence, called attention t. the fact that some Of
tic proy ioHS IL the original cote had been repealed
-
II. crru,, tu ticket scalpng depended largely on
section 10. which has been rcUcaled. very I'LL
pori ant part OF the code, alr OByrnc Thought was
art &c =, III which the iult hitherto chofccd JhaJ
renal statutes must be strictly construed, was re-
vclsca and il WAS directed that the provisions Of
;h cod" be construed according to the far import OF
their tcnuS This seemed to the Assistant District
Attorney very dangerous prov sion as beng likely
to ltudt possible the conviction IN some cases Ut
those not fully proven guilty. The provisions rclat-
iug to homicide were approved as it was SAID that
under tie FORMER laws there wa no adequate punish
mout for tne criminal whose offence just fMIcd OF
being murder in the srst degree. NheaVy punish
mcit might be In1l c;cd ~ cases OF manSl1u%h-
ter taat assembled murder. NJ OByrne SAID iur-
tier: The tendency OF nc, cut legislation has been
10 favor the criminal The new code IS step IN
the opposite direction. and 50 lar is cOnmcndable.
The clcct viii be to render the punishment OF
criminals more certain. The code y il the lIc OF
presidents IN England and III pennsylvania ana
other States"
Assistant District-Attorncy Fellows thought that
many provisions Of the COGe should be altered and
other ~houl be repealed. lie dad not express
favorable opinion OF tn code rs a whole.
Recorder Smyth DECEIVED 10 express an opinion
upon tie new code on lie ground that as 1t was tho
law of inc state and ho was obliged u delne IL
daily to jurors ii would not be proper Tor him to
c.iGClsc II.
lie Police Commissioners were in an undecided
state of mind yesterday regarding the duties of the
u0ce IN enforcing tho COdc. lhcy held an informal
meeting to talk tie subject over, ana Dir.
the Board was asked by Commissioners French
and Mason to consider the matter and advise
the rest. In the afternoon Mir. Matthews sent
letter to the Corporation Counsel propOunding some
questions. He wished, among other things, to be
advised whether the police should enforce the Sun
dIv sections of the code literally, and how much
latitude could be safely given 10
tbe phrase except in work of necessity or mercy
Nit Andrews said laJc III the day TO reporter of
1HE TRIBUNE that he was detail cd 50 long b. the
accident on the New-Hayen Railroad that he was
unable 10 give the Police Commissioners comnun-
cation attention He would, however, write them
to-day that II was their duty 10 enforce all laws
now IN existence. some OF these were practlcaly
OH oIete. IL was contrary to law to drive in
Central Park or on highways for pleasure on sun
day There was a law against selling liquor on
sunday kcepinC gambling houses. dishonest