Wichita eagle., 1889-02-09
INDIANA BLUE LAWS.
Statutes That Were in Operation
in Territorial Days.
Rigorous Enactments That Were But q
Trif1e Less Strict Than tho Famous
Blue Laws Of Connecticut-Pen-
alties for All Sorts Of Ofenses.

rigorous EnactmcntS TnRe Were bus q
Trifie Less Strict Than tho Famous
Blue Laws Of Connecticut-Pen-
alties for All Sorts Of Ofenses.
A queer old book, printed in old-fashioned
type, with the leaves yellow from age, is in
the State Law Library, says the Indianapo-
lis Meas. 1t is compendium Of the laws Of
the Territory of Indiana, printed in 1903,
when William Henry Harrison was Cover
nor Of the State, Jesse B. Thomas Speaker
OF the House OF Representatives and q.
Chambers President Of what was then called
the Council, but Is now known as the Sen
ate. The "Blue Laws Of Connecticut have
become famed In history and tradition, but
perhaps few Hoosiers know that the laws
in their own State, then Territory, were
but little less rigorous and strict "No
rogue e'er felt the haltar draw with good
opinion Of the law" and even in this day
and age offenders "agajnst the peace and
dignity Of the State Of Indiana and the
statutes In such cases made and provided"
as the indictments read, are apt to think
that the penalties for petty offenses are
much more severe than is necessary or de-
sirable. Had they lived here eighty years
ago there would have been much more JUS
tice In their complaint, for the statutes, as
set out in the book referred to, must have
been terror to evildoers. Perhaps no
person who reads this article knows that
such a law as the following was then strict
ly enforced:
II any children or servants SHALL contrary to
the obedience due their parents or masters re-
sist or refuse to obey their lawful commands,
upon complaint thereof to any justice OF the
peace. it shall be lawful for such justice to
A1,i,V s~sJ
OF correction there to remain until he or they
shall humble themselves to the said parents or
masters satisfaction, and II any child or sorv-
ant shall, contrary to his bounded duty, pre-
sumo 70 assault his parent or master, upon
complaint and conviction thereof, before two or
more justices Of the peace, the offender shall be
whipped not exceeding ten stripes.
The above Is only for petty offense-a
mere misdsmeanor-but for absolute crimes
the punishment was made much more Sc
we're, and differed from that now in vogue
very materially. For treason, even in con-
temptation, murder, or rape, the punish
ment was death. Regarding manslaughter,
it was provided that man might defend
his person, his home, or his property, even
to the extent of killing In an onslaught on
either, and in such event she shall be
holden guiltless." For burglary it was pro-
whipped ID public thirty-nine stripes and
give security for his future good behavior
for term of three years, and In default of
such surety he should go to tail for a like
time He was also compelled to pay fine,
amounting to three times the value of the
articles stolen, one-third Of which went to
the Territory and one-third to the person
from whom the theft was made. In the
event thst a criminal should assault
householder, in attempting burglary, i'm
prisonment not to exceed forty years (think
of it, was provided.
For unlawful assemblies of any kind the
penalty was SIS fine and security for good
behavior for period Of six months. For
participating in riot the penalty was light,
a S10fne, but it was further provided that
any officer who killed a rioter in disputing
his authority, should "be holden guiltless."
For obstructing or resisting the authorities,
the first offense was subject to fine of
$500 and thirty-nine stripes; for the second
offsnse similar fine and whipping and the
giving of security for future good conduct
for term of ten years. If man was found
guilty of perjury, he was fined $50 given
thirty stripes and "set in the pillory " for
not more than two hours. For the first
ofense of larceny the guilty person had
either to restore the goods stolen or pay
double their value and be whipped, not
more than thirty lashes. For the second or
subsequent Offense, he has to pay four times
the value of the goods stolen, be whipped as
usual and if he could not pay the penalty,
the sheriff was empowered to bind or hire
him out to any person for term not exceed
ing seven years, or until he could make
enough money from his labor to settle up
in full For simple assault and battery
the penalty was fine and surety for
keeping the peace; for forgery, it was
fine, whipping and set time in the pill
lorY, and for arson it was death.
The rights Of property in relation to live
stock were very rigidly protected. For
horse-stealing the penalty for the first Of
fense was to pay the value Of the horse and
be whipped not less than fifty nor more
than two hundred stripes, and for the sec
ond offense, death by hanging. In those
days stock was allowed to run at large,
marked by the brand or name of the owner
For changing these marks on horses or hogs,
with view of stealing them, the penalty
for the first offense was forty lashes "on
the back well laid on" and for the second
offense, the pillory for two hours and brand
ing on the left hand with q red-hot iron the
letter TT" signlfying thief. 1t was fur
Their provided that when any person should
kill horse or hog, knowing it not to be his
own, should, within three days "show the
hide of such animal with the ears on to the
next magistrate" for Identification.
If man were proven guilty of bigamy,
he could be sentenced to a fine Of from
500 to $500 with imprisonment, disfran-
chisement and inability to testify in any
cases In court. 1t was provided, however,
that should either husband or wife absent
himself or herself for term of seven
years, without letting the other one know
why or wherefore, that the fact should be
considered as amounting to legal divorce.
a further penalty was made for "taking
woman away and compelling her to marry"
a feat that would be very difficult in those
days Of feminine independence. Another
little pleasantly was that any man who
eloped with young woman who was under
age, and married her without the consent
of her parents and guardians, should serve
five years. imprisonment For the abduc-
ton Of children, two years was the penalty
Marriages were permitted between boys
over seventeen years of age and girls over
fourteen, with consent of their parents, /