San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-08-03
SHORT STOPS.
What the People are Saying


The celebrated Duncan case is be-
ing fought to it's last point with Jut
disposing of the question OF the valid.
ity OF our state penal code, criminal
code of procedure.
A mans life hangs upon the slender
thread of lawyers bubble, but the
bubble has been strong enough TO
take the case before the supreme court
of the United States, and that highest
court of last resort left the bubble
unsettled.
The points made are, that We have
no criminal code, passed in accordance
with the strict letter Of our state con-
stitution. We have democratic ad-
ministration IN power, and democrats
preaching over the country upon the
beauties of strict construction of the
cons titution.
An execution under this so-called
criminal code, is simply q murder;
from the beginning of legal execu.
ttons, the letter of the law has been
the shield of the public conscience
the criminal must be legally executed
or 1t is murder to kill him.
In Holland, a century or more ago,
q noted criminal made wager that
he would not be beheaded the law
required the headsman to sever the
head at a single blow; This criminal
knew the point and when his neck
was placed on the block he kept his
neck in motion so violently that the
executioner gave up in despair of do.
ing his work in exact compliance with
the law. The judge was present who
had condemned the man; and re-
firing to his chamber changed the
m ode of execution 20, hanging; the
criminal was hung; he was a great
criminal and richly deserved his fate,
but the people of Holland became
greatly excited; the judge came near
losing his place; the change of the
mode of execution was looked upon
as murder.
The criminal code is simply an act
of the legislature, passed III accord.
snce with the strict letter and author
ity of the constitution; and it must
be passed with all the technical for.
mality required or it is not law.
The facts set up in the Duncan case
are, that the bill provided by the ORR
ginal codifiers-Senate bill, No. 90
was not agreed to as amended; that it
was not enrolled that a joint resolu-
ton carried in both houses that 1t
should not be enrolled, but that reso-
luton was not approved by the gov
ernor.
That Senate bill, No. 20, amended
and unenrolled was modelled by
other laws passed at that session, con-
flicting with many of it's provisions;
that at the special session, when Sem
ate bill No. 20 was not q subject for
legislation, other laws were adopted
amending and conflicting with the
bill, many of the amending and con-
fiicting laws were invalid.
That bill was introduced tend ing
W ly 10 W tbdl
and all amendments and conflicting
statutes; that the bill so attempting
to authorize Lyle was not legally
passed; that Lyle, however, did 60 on
and codify the BILL and altered pen
alties and made the revised statutes
with free and unfettered hand, and
his work, without legislative ratifica-
ton, has since stood as law, as the
will of the Legislature, and the courts
and the lawyers are afraid to face the
naked truth that to execute q muir
derer we have no law, but Lyle's-no
better law than that of Judge Lynch.
Our lawyers meet in state conven-
ton and talk about everything else
except the very question that should
command their best talent and most
earnest thought.
Duncan says the certificate to that
volume is false,-has Duncan been
disproved?
The governor of our state cannot
IN - UA RA