The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-31
ENFORCING OUR CRIMINAL LAWS.

ENFORCING OUR CRIMINAL LAWS.
In building an embankment to restrain
the swollen currents of stream special
labor and attention, is bestowed on those
points against which the current bears
with greatest force. When the forgery of
and titles prevailed to an alarming ex-
tent in Texas special legislation, with
special methods to secure the enforce
ment of the law, was directed against
it, and the desired result was soon &C
complished. Murder prevails to On alarm
ing extent and special legislation de-
signed TO secure the enforcement OF the
law against it, is even more mperatively
needed than was that against forgery
Human life is of far more consequence
than land titles 1t is shamefully true
that there are counties in this state that
have been organized for years, and whose
court dockets show scarcely single con
viction for even the lightest grade of
punishment for any degree of homicide,
while the number of men who have died
by violence within their borders can be
counted by the dozen and score. How
many of these counties there are need
not be specified here-there are more
than enough to point the moral.
The law against murder needs to be
strengthened in its practical enforcement.
In its theory and definitions 1t is, perhaps,
sufficient. The weakness lies in the means
and methods by which its enforcement is
sought, and this weakness exists in the
thinly and ely-organized coun-
ties to greater extent than in the older
and more populous ones. But the power
of the state to prot human life should
be so directly brought to bear in cases of
murder that even in the former class of
counties it shall come to be thought at
least as dangerous to kill man as to steal
horse. This power should, just as far
as it can be done without injustice,
be brought TO bear upon every step
and detail of the prosecution, from
the day the murder is committed until the
accused ia either acquitted or convicted.
If the states attorney needs additional
counsel in given case, he should have
them. If the development and procure
ment of evidence requires unusual effort
and expense, that unusual effort should be
made and that unusual expense should be
incurred, and every particle of evidence
properly obtainable should be had. If
the rules as to granting bail in these cases
are too lax they should be made more
stringent. If requiring the concurrence
of twelve jurors in the verdict serves to
defeat the punishment of murder, the con-
currence of nine should be made sufficient.
If merely technical and formal defects in
the record on appeal serves to exempt men
from punishment for murder by reason of
reversals and delays, these defects should
be obviated. If special terms of court
should be necessary to insure the early
trial of murder cases, these special terms
should be provided for. These are but
few of many features that may suggest
themselves upon thorough study of the
subject. There should be no occasion for
the bloody tragedies recently reported in
some Of our counties so full of significance
as to the want of any faith in the power
and methods of the law to punish murder.
1t may be said that such things occur
everywhere, but our infirmity is none the
less, because that of Others may be more.
The very fullness of time has come for
the inauguration of new era, and for the
turning of new page in these bloody
annals.