New-York tribune., 1885-02-16
PROPERTY MORE VALUABLE THAN LIFE.

In some of the Western States and Territories
not long ago public opinion evolved crimina
code under which it WAS capital offence to
steal horse, while the killing OF a man was
scarcely misdemeanor. In this crude way the
importance of very necessary kind OF property
was recognized, and men were plentiful and
cheap they received little or no protection from
society. Many an Eastern writer has taken a
text from wild Western customs of this kind.
and as a rule with the purpose Of showing the
superiority of Eastern ethics and criminal ad-
ministration. But whoever will take the trouble
to examine the tendency Of criminal procedure
in this great and highly civilized State,
and especially in this great and highly
civilized city, may find reason to doubt
whether in some important respects
we have made any advance upon the
Western practice. Such an examination will
disclose the fact that property commands
much more jealous protection than life, and that
the most striking inequality exists in the pun
ishment of crimes against the person and crimes
of robbery and theft; though it must also be
said that when robbery is carried far enough il
sometimes ceases to be treated as a crime at
all The events of almost any week in the
courts will furnish illustrations in abundance.
For example, a ruilian stabs ont his wifc's eyes,
and gets nine months mpris )nmcnt. A sneak
thief steals few cents worth of property, and
gets twelve years. A man deliberately kills an
other, and escapes with seven years, and the
Judge expresses his approval Of the verdict of
manslaughtcr though according to the law
there was no element of manslaughter in the
case. Another petty thief, for taking twenty
five cents worth of lead pipe. receives n sen
| tence Of three years. policeman kills man
for not stopping when summoned to do so, and
the homicide is justified
As to manning and clubbing and the inlliction
of all manner of physical injuries, such offences
are either passed over as too trivial for notice,
or are punished in the lightest manner Nor il
personal liberty any better protected. Innocent
witnesses are kept In prison sometimes for
months in total disregard of their rights and
interests. But Iwhcn - watch is snatched, or q
purse and;the thief is taken, the terrors of the
law are displayed, and maximum penalties are
| imposed. At the same time, if a thief can con-
trive to make a really large haul if his pecula-
tions mount into hundreds of thousands of
dollars, for instance, he has little or nothing to
fear from the law, and can generally make his
own terms il he fails to put himself beyond the
jurisdiction OF the courts. 10 must be admitted
that there are Inconsistencies here which call
sharply for reform, and that so long rs it can be
said that property is better protected than life,
we shall have no reason to boast of our criminal
system.
Even if the existing practice were conssten,
with itself that is to say, if all crimes against
property were severely punished, the cOmpara-
tive neglect Ct crimes against the person would
be inexcusable. But as it is, the most arbitrary
distinctions obtain, and in effect it Is only the
lesser crimes against property which ART
| severely punished, while on tho other hand