Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1890-11-29

From an article in the October num-
Der OF the Statesman, by Ed. r Pritch-
ard, the following, embodying its
salient features, 10 taken. The writer
says: There are few laws on the statute
books Of any State in the Union to-day
that are in harmony with the spirit Of
the age in which we live, which have
been put there without fght-I mean
it has cost much time and labor, and
long, bitter discussion, and they were
met with the most determined opposi-
tion before they finally became vital
part Of the legal code of . common
wealth; especially is this true Of those
laws which recognize the property rights
of women, and which place them on
something like an equal footing with
men in our courts. So, / assert that
progress in law making, that Is, in
framing wise and benefcent laws suited
to the needs Of our present civilization,
has been slow AMI tedious. And further,
that in almost every instance a PROPOSE
ton to reform bad, unjust statute, or
to make new one not in conformity to
principles laid dow in the old common
law books, has come from those outside
of the legal profession while, as rule,
the most incorporating and bigoted
opposition to such measures has come
from those within that profession, and,
not unfrequently, from those highest in
1T, those wearing the judicial ermine.
In framing penal statute the most
essential part OF it is its penal feature,
that is, the punishment which 1t in
flicts. 1t matters not so much the pro-
cedure, the exact form OF trial, whether
by Judge, jury or associate bench, but
the penalty Is oil important. 1t might
be we'll to say too that to-day the rights
of person charged with felony, 30
far as fair and impartial hearing, the
right of challenge, the admission Of
testimony. ETC., are well guarded. This
is eminently right and just. 1t is not
with this working of criminal law that
we are finding fault. Nor Is 1t with
the modes Of punishment now in vogue,
save that Of the death penalty; but In
the fact that penalties % now inflicted
by criminal procedure in our courts fall
short Of the ends Of complete justice.
OF course understand that any viola
ton of penal code is taken rs an Of
tense against the State rather than
against the individual wronged. But I
do insist that complete justice should
take into consideration the citizen who
is wronged by the law breaker and
should therefore include in the punish
ment inflicted restitution TO the former.
A thief enters my house and carries
away. we will say, property to the
value Of one Thousand dollars. A few
days later he Is apprehended. Pm the
meantime he has effectually disposed Of
the stolen goods. am put to the
trouble. and usually some personal ex-
pense, Of prosecuting him. He is found
guilty and sent to States prison for
five years. have the satisfaction OF
knowing that this particular thief or
burglar Is not likely TO trouble me
again soon, but does that restore TO me
my lost property?
But suppose the State put this
offender 20 work, hiring him out as
sconvicts are now let. but at Q price
that will pay the State for his keeping
sand small surplus for each day he
works; when this sum amounts to the
value Of the goods he has stolen.
then let the State reimburse me for my
loss and give the convict his liberty.
This would be complete justice-'A
punishment that fts the crime" and
gives full Festtutios to the wronged
party.
Were such o system IS this in vogue |
there would be but few cases Of COM
pounding felony. To-day, as is well |
known, one Of the most serious obsta- |
.cles. at times, in the way of Furnishing |
= criminal, and especially in cases Of |
sarson, theft and eEnbezzlement Is the |
Willingness Of the injured parties to
.fOrego . prosecution in order to secure |
the return Of part or all of the stolen
or lost property; in other words TO OBJ
tain what the Law now fails to give,
restitution.
This systom, too, would hold good in
crimes Of all classes from that Of q
petty larceny to murder. What better
or more fitting punishment for him
who takes human life than that he
should be compelled TO labor the re.
mainder Of his days. and his earnings
be applied towards the support Of those