Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1886-01-03
Sunday, January ,, 1886.
MINNEsorA's NEW PENAL CODE.


With the advent Of the year 1886.
there begins new era in the criminal
law and administration of Minnesota.
The Penal Code enacted in the last
legislative session takes effect with
the year. In many important respects
1t alters the statutory definitions of
crimes and changes the penalties.
The full meaning Of these changes
must be ascertained by practical ex-
perience under the new prescriptions.
Some obvious points can, however, be
enumerated in advance. AS whole,
the new code modernizes the defini-
tions of various crimes. 1t extends
the time-honored phraseology In such
q way as to include modes Of Offend
ing which are peculiar to our times.
II Is In the interest of surer justice,
and will diminish the escape of GRIM
inals through loop.holes and legal
techn icalities. II is an almost ver-
batim copy of the New York criminal
code, and Is the result of the best
American ability and experience. 1t
is simple. brief, lucid and compact. IL
is likely to stand the test Of use i'm
Minnesota courts and give growing
and permanent satisfaction.
Its most conspicuous feature is its
full restoration of the death penalty
for murder, after an experiment last
ing well-nigh twenty years. Mime
sofa has been completely satisfied that
the experiment could not succeed.
Not a single voice In the entire state,
so far az we are aware, was heard in
favor OF continuance Of the
humane" policy. Murder in the
first degree, committed after to-day in
Minnesota, will be punishable with
death; murder in the second degree
by imprisonment for life, and in the
third degree by imprisonment for not
less than seven years nor more than
thirty years.
It is characteristic OF the new code
that the penalties for such crimes az
rape are made much more severe than
heretofore. and provides the single
penalty Of life imprisonment for the
rape Of a child under the age of ten.
The shocking recurrence of this horri-
BILE crime demands the most rigorous
punishment. It will be extremely
difficult to make the laws so strong
and their execution 50 swift as to do
away with the formidable attempt at
lynching which now-a days in all
parts Of the country follows the COM
mission Of the crime of rape.
The Sunday law of the new code
permits the sale and supply Of articles
of food at any time before 10 o'clock
in the forenoon, and allows the sale of
tobacco Except in places were liquors
or wines are kept fruit, confectionery,
newspapers, drugs, medicines and
surgical appliances at any time In the
day. The works Of necessity or
charity" which are excepted from the
general prohibition Of Sunday labor
are defined as including "whatever is
needful during the day for the good
order. health, or comfort Of the COM
munity."
The fullness Of detail with which
such crimes as larceny, forgery and
the various offenses against property
are defined. will undoubtedly prove Of
practical advantage. Swindling has
taken on modern refinements which
too frequently have been able to
evade the old-fashioned statutes and
presidents. The provisions against
gaming, lotteries. etc., are tremend-
ously sweeping. 1t Is made a crime
TO give any Information, either by
writing or by printing, as to the time
or place of holding a lotter, or as to
the price Of tickets or where they may
be obtained. 1t is made crime, pun
ishabIe at any time upon return, to 20
outside the state with the purpose of
participating In or In any wise abet-
ting prize fight. Cruelty to animals
has a chapter devoted 20 1t that IL
stringent enough for the most enthus-
isstic member of the humane society.
Druggists should observe that the law
requires them 70 keep . public regis
try Of all sales Of poisons or poisonous
substances, except rs prescribed by q
physician. Minneapolis Tribune.