The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-21
THE FORREST CRIMES BILL.
Text OF tho Measure - It's Author
Answers Criticisms.

Text OF tho Measure - It's Author
Answers Criticisms.
OLYMPIA, Feb. 20.-ISpecial. 1.-The For
rest crimes bill, which excited so much dis
cussion in the Senate, and which was de-
clared by several to be unconstitutional, is
as follows:
Be Il enacted, ETC.:
larceny third time shall be punished to the
full extent of the statute prescribing the pun
1shmcut for such misdemeanor; and upon COM
Knitting such misdemeanor fourth time such
person. II over the age Of 10 years. aud the value
OF the goods or chattels taken TO be of the value
81 Is or more, shall be proceeded against as for
felony, and II convicted shall be punished by
imprisonment in the state prison for not less
than Ave years.
Sec; Every person who, having been con-
naits any crime, shall upon subsequen conyic.
tion be punished rs follows:
]. III the subsequent oficnse is such that upon
first conviction an offender would be punish.
able by imprisonment in the state prison for a
term OF five years or less, such person shall be
punished by imprisonment in the state prison
not less than five nor exceeding ten years
2. Ii the subsequent ofiense is such that upon
first conviction an offender would be punish
able by imprisonment in the state prison for
such subsequent conviction, shai,e be punished
by imprisonment in the state prison for q term
oil not less than ten years, and which punish
1nent may be extended to the life OF the offender
n the discretion OF the court
Sec. 3. Every person who has been convicted
In any other state or country of an ofiense
which, IL committed in this state, would be pun
tshabe by the laws of this state by imprison-
uicnt in the state prison. or IS in this act pro-
vidcd, shall be punished for any subsequent
felony or misdemeaner committed within this
state in the manner prescribed in this act in the
TWO preceding sections thereof, and to the same
extent as if such former conviction or conyic-
lions had taken place in this state.
Senator Forrest, in speaking of the ques-
ton raised as to the constitutionality of
the bill, says.
notice that Senators Dyer, Kinnesr
and Easterdav, members OF the iu-
dietary committee, say that the bill
Is unconstitutional because commit
ting magistrate cannot sentence a criminal TO
the penitentiary. This question was not raised
in debate, ard believe would not have been
raised BY any Of the senator's had they taken tie
trouble 10 read the first section OF the bill Ii
clearly follows from the wording of this section
that no committing magistrate can possibly err
IN his proceedings. Upon il appearing to hin,
that the defendant is charged for the fourth
time with the crime OF petty larceny. he will
at once hold defendant 10 appear before the SUI
offender discharged ii upon trial for misde-
neanor II was proved that he was guilty OF u
felony, because the committing magistrate has
no jurisdiction OF a felony Did the bill at
tempt 10 give the committing MAGISTRATE iuris-
Gictien al a felony. rs Senators kinnear, DYER
and yesterday ciaim it would simply be ride
ulous, and would not have been considered by
the Senate for moment l have only 10 say
that am satisfied the bill will be held consti-
this opinion | am sustained by a number OF
rompetent attorneys