The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-17

Will al lIlDOSCu lOlOnCoSy III q DAOAoA
atmosphere made shocking beyond de-
/ than repressive of crime, and from
which the most abandoned frequently
emerge in a worse condition than
when they entered. If, under our
laws, the State or corporation cannot
cessity, save by legal process most
carefully guarded, and for which ulti-
mate and ample compensation must
be made, by what method of reasoning
can they be justified in wantonly de-
priving q man of his liberty, which is
more precious, and after subjecting
him to serious loss and the contamina-
ton mentioned, and failing to make
out case against him, turn him adrift
without amends? / would not be I'M
derstood as assailing the wisdom of
the grand jury system, but after inves-
tigating the one thousand applications
for pardOns presented, many of which
are signed by the court officials, juries
and prominent citizens, upon the al
legged ground that they believed the
convict, while technically guilty, was
in reality not a criminal in purpose or
by previous conduct, and when the
grand juries are shown to constitute
the shot bed" so prolific in the pro-
duction of harvest of costs to be paid
by the people in the end, feel that |
would be recreant to my duty and
State did not invoke them to greater
care and prudence.
The practice obtaining in the system
whereby several indictments are per-
missable for what should really consti-
tute but one offense, not only swells
the volumne ofcosts but begets a mani
fest inequality of punishment and
lack of even handed justice so essential
to reformation, which is the prime OBJ
iect of all punishment. One instance of
very many coming under my observation
will suffice to fix the attention of your
honorable bodies upon this point. A
youth II years old was indicted and
convicted for forging nine small orders
on his employer, and in nine cases for
uttering or passing them, but did not in
the nine orders reach the sum which his
employer justly and confessedly owed him
for services rendered. Yet. he was given
thirty-siX years in the penitentiary
and was conveyed to the walls
chained to two hardened criminals, one
of whom was convicted of horse steal
ing and sentenced for five years, and
the other for manslaughter and SEN
fenced for two years. We may well
conceive that the conscious, unjust and
disproportionate punishment would
prove a serious bar to this boys reform
alton, and it is to be hoped for the
credit of humanity and the good name
of our State that this prosecution was
not prompted by a desire for the fees
accruing. But, at any rate, if the
State demands equity, justice and
right-doing az conditions of citizen
ship, it SHOULD e scrupulously exact
in melting out equity and justice to its
citizens. If these things do not fore
shadow the decentralization of our
judicial system they certainly indicate
the speedy bankruptcy of the State
and county treasures.
When 1 assumed the duties of the
3 executive office there were 1850 con-
.. victs in the penitentiary, and on De-
cember, 1888, there were 1902, showing
an increase of 443 in spite of deaths,
discharges, pardOns and escapes.
With a corresponding ratio we may
safely conclude that by 1890 there will
be nearly or quite 1000. With the
present prison accommodations less
than 1000 can properly be confined
within the walls, and nothing like
that number can be utilized at remu.
nerative prison work. In view of this
it appears to me that q more careful
revision of our penal code, looking tC
a reduction of a large percentage OF
felOnies to misdemeanors, might posi-
bly, be step in the right direction
: And as it is conceded that the intent
: and not the value of the property
stolen should be the basis of punish.
t ment, the intent constituting the gist
of the offense; and since the spirit o.
justice is so frequently outraged by the
l discrimination of punishment fol
crimes nominally different but in real
ity the same, it seems to me tina
greater discretion should be left the
l jury, where mitigating circumstance:
, were found to exist and the accused
: technically guilty, to graduate the
Il punishment in due proportion to the
y turpitude of the otfense, instead, a!
n now, having to join the district attor
: ney and presiding judge in an appea
$ for executive clemency, as the only
remaining remedy for wrong they
u were pOwerless to avert.
n 1t is with all due Difference that
a venture to make these suggestions t.
t your honorable bodies, composed o
so much legal acumen, and with full
e sense of the reluctance on the part o
: our people to adopt innovations upoI
It time honored statutes. But prescrip
: ton should not always render its testi
y mony as conclusive against truth
: else the oldest errors would be sancti
= fled by time and rendered perpetua
o by persistence. There is some com
8 plant in the State about the NANTES
: inequality of the work imposed upor
|, the district judges. 1t is claimed
8 with seeming truth, that while some
r of them are compelled to labor hare
l. the entire year, others are not EN-
o ployed one-half their time, and all o
F. them receive the same salary. Thi;
It would appear unjust, and if it bt
d deemed advisable by the Legislature
e to make q more equal distribution o
!, the work it would remove present
8 ground of complaint on the part o
: those who suffer from the discrimina
= ton.
@ PUBLIC LANDS.