Telegram-herald., 1889-12-19

O. lts sh4ch 6e.ong - laa eresAsrs ale
lrregl a. 4e1 alhs4l 1t-- Ge cl-t--
Een ELeg aElng lnlo Lcs soFla are te~e
ln nlm eer thaH those II belesL l4t-
working people and gney are genera =
HeazeF an1 sicsller IEan lheIr parenl -
90 e1e mere prominent fe-o1s - lAe
p4st geHer4tl.n hardly oue has -stt an
heir ana nor one hAc a child a. 10 co-l1
compare alrh bln ln energy sna
ABILITY QlImoo Apo, the murderer,
sbo s4se the police 50 m lca trol be
taeltg ye4ls ago, Is noW represented
bY 1is son. q small unhealthy young
man. u lo - a very lntell9r specimen ~
= rLcsp p4cket aId green goods opeF-
ator and Who gusr manages 30 Aesp
boty aud soal together
Of ne famous rBrhzns who infested
Five Points. NeE ORA before Worth
street As eur through, a. weli &s those
- eboIn recent DAYS z1e u p the notorious
"Nhyo Gang hardly one has left a
child 20 continue MS name Nature
seems 10 hsve no room for those mo
perslsreLtly follow eYll courses.
The adage that satan nnds plenty
Of mischief for idle hands 70 do is not
borne OUT by the facts as much as IS
popularity believed The offspring OF
we-l-to DO and idle people indulge IA a
great deal OF mischief, bat very little In
crimes Of any turpitude- Even when
they trausgress the lAw their sins are
usua ly mlsdemeanors, and seldom rise
20 tie level OF felony. There II large
amount OF can't INDUCED ia by social
reformers In respect 20 the idle sons
OF rich men They are pictured IS
WalioWing n the sloughs OF iniQulty
and etcctlng ruin In every direction.
Nothing Is further from the truth. 30
far as the courts are con uceraed. they
are almost an unknown quantity At
mes they WELD 20 temptation. and in
-lg.ng too freely in liquor, commit In
.-slretiOns for which they are promptly
arrested Bat from the higher stard-
point OF morals, viz. that OF not inter
feriug with or disturbing the rights OF
Others, they lead lives just as good and
meritorious as do those who, less IA
vored by fortune. are compelled u labor
esery daY in order 70 make q living,
Wealth and culture tend 20 produce a
certain pride which is as strong an IN
cenuve 10 right action as any other
social factor.
Punishment 20 be effective should be
certain and swift. The law 5 delay IS
g. disastrous IN criminal as IN
civil courts. The feeling that Justice
may be indefinitely postponed or
thwartc1 is powerful element IN
the mlnl OF every one who gains
livelihood by culpable means
The rapidlty and certainty Of retribu-
tlOn are much more efficient than mere
severity. W hat men Tread most OF all
Is the breaking uD OF present asSOcla-
lions ana relation II The dAy OF
punishment can be delayed, al Is Well
II not, the full meaning OF tue penalty
OF the law is appreciated. 1t matters
little whether the term be TWO years,
five or ten. hecOnyict's career lSrudeIy
broken. lie knows that, when he re
turns. everything viii be different from
what 10 has been. In the mael5trOm OF
life the quickest changes occur in the
environment OF the dangerous classes.
Their members come and 60; their
haUnts change, and their associates dis
appear. \ man who has been five years
in sing sing is utterly at a loss when
he comes back to New York. He is in
a foreign city. This is why all crimi
nails night for delay, and leave no stone
uuturned TO put off the inevitable This
is a.so why legislator, magistrate, and
public prosecutor should make the pro
cesses OF criminal Jurisprudence as
speedy as possible.
There has been 4 notable improve
mont in the administration OF criminal
law within my own recollection but mucl
still remains 10 be done. There Is Ger
tainly no reason why wrong-doeI
should not be punished with the same
promp tness and exactitude as tha
which marks the recoveryof house 10y
a landlord from nOn-paying tenant
t,~ FD
elected by legislative authority lies II
restriction OF technicalities. and ;
larger application Of the principles =
modern civil law to criminal lur4spru
dence Tho principle TO day OF the
former is the granting OF justice, n'
matter what forms, mistakes, or error!
intervene. There is no reason why /
should not be the same when the sole
question l. the punishment of mis-
dce5 This improvement Is not so sim
pie a at fist sight IL seems. Human
lang age is imperfect and incomplete
Lyen when employed by such jurists a
Eentham. Livingstone and Field. IL
shortcomings are sucn as require
judicial Interpretation by the tribunal
OF last resort. The civil procedure
code OF New York. which has beer
adopted by most Of our Western states
took twenty years of litigation an
al udication before Ii was thOrO GIN,
underst ood. The same difficulty await
every improvement upon our presen
penal Jurisprudence Nevertheless
while realizing the necessity of fUtur
changes. We ought 20 feel gratted Will
the excellence with which the mechan
ism OF American criminal law operate
nowadays.