The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-07-09
INJUSTICE OF CRIMINAL LAW.

To the Editor OF the Eagle
One of the oldest and most outrageous
abuses of the rights of human beings on
the part of the state is that of taking the
labor of criminals without compensation.
The barbarians from whence we so re-
Gently sprang, so short distance, had
many brutal and unjust customs which
fingered with us long after reason and
justice held sway in most things. But
taking a mans labor by confiscation,
without bestowing a cent of recompense
in any direction, up to date is piece of
highway robbery and shortsightednesS
which ought to be corrected. We have
had various prison reforms and humane
associations. But all these seem to have
considered other features of the subject
as of paramount importance to this one.
To illustrate the shallow philosophy
of the state III this matter a
case is presented thus: a man with
a wife and children depending upon his
support, steals property from another
man to the amount of one hundred dol
lars. Here is an act involving three par
ties. the rogue. the sufferer, and the
state. Under the present law system the
rogue is arrested, tried and convicted at
the expense of the other citizens; the suf-
ferer loses either his property altogether
or its uses to a great or less extent. The
convict is put to work in prison; his fam
lily loses his support, grows up in total or
partial neglect and in turn becomes adj
ditional charge to the law abiding com
munity. but with still greater humilia-
ton and a tendency towards criminality.
BY this process all parties to the irregu-
lar or dlssOcial act suffers a prOxlmum of
losses. This is clearly wrong.
Now suppose the law was thus: A
citizen Of the state with a wife
and children dependant upon him
for support, steals from an
other citizen property to the amount
of 500. The state arrests and oOnvicts
the rogue. 1t then opens an account be-
tween the convict and the sufferer and
the state with a view to an equitable
compensation to all the parties, involv-
ing the proper punishment of the crini-
nal. The first claim is that of restitu-
ton which the state should guarantee
to the sufferer for whatever losses he
NAV have incurred. The second claim
Is that of repayment to the state for the
legitimate expenses of arrest and convic-
ton. The next step is to put the convict
to appropriate labor at Just compensa-
ton in money. Each week earnings
should De divided pro rata between the
prisoner indebtedness to the sufferer and
the state and his obligations TO his fami-
IL. The support of the family Is first IN
importance because of their social in
fiuence in after years. The sum OF
the losses by the dissoclal act being
to the sufferer $50; to the state for re-
wards. arrest. trial and conveyance TO
prison 500. Making total Of $3.50.
The convict being a laborer worth $3.50
per diem. the sum of $3.50 ought to be
divided BIZ 5l.j0. The product would
give 49, DAYS work. about, in which 70
recompense the sufferer and the state for
their losses. But the family should be
paid by the state dollar per day at least
for their support. This would bring his
total servitude to 500 DAYS labor. To
this latter should be added Sundays and
such DAYS and Others in which no work
was done. All other crimes, including
recompense for murder, should be -
dealt with. The term of seryItude should
be exactly as 10 the losses suffered and
reimbursement possible TO the earnings
! Of the convict. For instance: q day lab
orer maIiciously burns property worth
| Sl00, 900. De should be kept In prison