Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1891-03-10
A Correspondent Enters Into a
Discussion of the Application
Of the Law to Recent CasSs,
Wrich will Without Doubt be
Of Interest to the Bench, the
Bar, and Perhaps the Jury.
Communicated
Audi Alteram PattaIa.

I'd. YELLOWSTONE JOURNAL.
All great criminal trials are educa-
tOIs Of the public. There is nothing
that stir- a community end sets them
u thinking 81 much as a criminal
trial. ] wish TO discuss this matter.
not with a view 10 stir up a filthy and
disgusting subject, but that right ard
justice may prevail. and that a proI er
remedy may he applied to the moral
cancer that is located in this cOmmuD-
ity. 5 mply from the fact that do
not sgre- with he court in the con-
stiu ti"n n places on Sections as and Z
Of the Con piled Statutes Of Montana,
and from the fact that / do not agree
vii h the exposition Of the law Bs rem
der-d and argued by the counsel for
the state, IL does not follow a. a fact
that am vender or deale. in the
chastity CT children, a. iDtImated by
the c. unsel for tie state. Wbst |
wish to see is that he ends Of justice
are subservtd.
Wha was the occasion and necessity
OF the law; what was the mischief
felt and what the remedy in view.
when the law makers enac ed this
s'stu'e? In my opinion reason and
good discrefien wou q say, TO make IL
the crime Of rape instesd Of seduction,
tn es duce a female under the sge Of
IS. The end IN view was to reach and
punish the defil.Ts Of the chastity Of
young girls. The rel lief aimed at was
10 throw The protecting arm OF the
law around |, nOcence and tender
y arr. Have thsse ENDS been sub
seTv,d in the nvIctioI recently
made In this county? / think not.
The female in these causes was Undor
fifteen. living In q city having a cor
p,rate existence, with = mayor, q city
council. police court and police rec.
think can safely say that most OF
these officials knew that the girl wss
under the age If fifteen and that she
had b. en- found upon the public str cts
drunk ard wPs for nearly two years an
inmate tf houses Of III .repute in this
city and yet they Permitted IL. Can Il
be that the Law mskers intended to
reach cases Of this character when
/ they enacted the sta utss under which
theee co.. victloLs were had =? DID they
| In end that the statues should be s.
| far reaching Ps l., include girls under
Is who solicit money Of men end had
made an object Of barter and trade Of
I their body for nearly two years AT
this period In her life she meets an
/ ignorant, careless COW boy and sO.icits
and induces him TO enter into certain
relations with her. Did the law max
/ eli intend B. make rape out Of cases OF
this kind? And IL they did, what Cid
| they mean when in the same statute
| they cay, 1.-The essential guilt of rape
| CONSISTS In The outrage to the person
ard feelings Of the femaie?" Was
there an outrage to the feelings OF per-
son? II her testimony is worth any,
thing there was not. The girls & til
mony on this point ought - be suffi-
cionf. It WIS con dered good in con-
victing tie defend IT. Now II there
was no outrage to the person or feelings
Of the pros, cutrix, then grave wrong
has been permit d in the conviction
Of the two young men who have been
sent to the state prison for fve years.
The weight of suthoritic bold, it is
beyond question the duty OF courts In
cOnstruiDg statues, to give effect TO
the intent Of the law Masking power
aud seek for that intent in every legit-
innate way. The constr uctiOn Is to be
on the entire statute. Says a learned
judge: mo clelrer statement hrs
been nor can De ms e of the law ss to
its dominating IDfiuer c. Of the inten-
tiOn of a statute in the construction OF
all its parts than that which Is found
in Kent's COmmeniariC SIN the tx-
position of a statute. the intention of
the law makers will prevail over the
literal sense of the tei ms, and its rea-
son aud intention will prevail over
the strict letter When the words are
not explicit 'he istention is 10 be col
lected from the context; from the oc-
csrion and neces sity Of the law; from
the mischief felt and the remedy ia
view; and the intention is to be taken
or presumed acc riding 10 what Is con-
sonant with reason and good discre.
tion.' lst Kent's Com. 46l-Jen-
iugs VS.. Love, oath Miss. 249; Harrison
ex porte 4. Cow 63, People vs. Utica
Ins. Co., Is John $50. The inten-
tion OF an ac., says Judge Switzerland
involves a consideration of the sub
ject matter, and the change IN, or sn
addition 70, the law which Il proposes
Hence the supreme Importance OF tht
rule that n statute shOu d be con
s'lued with reference to its general
purpose and aim. Where the words
of the statute do not apply TO the par
, ticular case we must consider the OBJ
jsct OF the act and construe the statute
Accordingly.
The two young men that have Just
been senteEced to terms Of five year
each on account of the p-Ost cntrix II
those csses will have ample time q
ponder over the nature Of the off ne
~ which they have been convicted by
twelve peers Of the land under IN
siructions Of the court. Being sOme-
what an observer cf h imam ca Ure
watcI ed closely the effect that th
reading uf the verdict had upOI
Rainy.
We the Jury find the defendan
guilty a. charged la the indictment" /"
! n.f.rdanf ~ q xos.uor man nrahah ~