The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-08-05

eods has bssn framed on : higher plane Of
morality than the previous code, and msny
Of its provisions will Strike Ons % ssvoting
81 and mo e, @%i. ssMs: ~: ss's sosss,a a. '''% IL
the division relating tAgcrimss and pun
seems 70 b exhaustive. and the
punishmsnts, Whiie In the average adjusted
properly TO soDa oesnses, Seem 100 hsavy.
e certainty "A 4 Inv !. ~ q its prime
s x vh:a " proposed sods Y I, a. nsssnN".
The psnalty y allowed % b hxsd ~ the
court or Jury. IThis ID not perhaps assri-
ons defect. and 10 Soma may not Appesr .
defect q all. ~ the court In which Me oon-
vtctton u obtained Ii undoubtedly the best
judge Of tho seriousness Of the Otenss n
The punishmsnt the offender deserves.
70 undivided into crimes against the elect
i've franchises, : crimes by and against the
executive power OF the state, crimes against
the legislative power, crimes against pub
Ito justice. crimes against the person,
crimes against the person and public NOR
safety. orimss against Me revenue and
property Of the state. crimes against prop.
erty and miscellaneous otfenses.
The chapter on crimes against the cleo.
tive franchise. not only includes In detail
almost every Imaginable ~ofense, but also
contains a gsns.sl provision pnnishing any
visions relating to fraudulent registry and
voting. and the counting Of votes and tho
conduct of election are very full and care-
fully worded. Section 66. prohibiting the
furnishing Of refreshments and entertain-
ment to voters, 10 questionable. II IL true
that avery safeguard should be thrown
around the elective francise, and voters, as
far 40 possible. should be permitted to OK
ercise their untrammslled judgment In
using this high privilege. Yet candidates
for office have the privilege of soliciting
votes and Of presenting their qualifications
before the people for consideration. Many
OF tho legitimate functions of a campaign
take the form of entertainments and TO-
fteshments at public meetings. II this aec-
ton should become a law 1t would ptoDa-
bly, remain 4 dead letter, and there II no
neosssity of enoumbering the statute
books with laws against the perfo: nance Of
which there 10 a strong popular SEN
timent. The same statement Is true
didatss u on their election to appoint par.
ticular persons TO Office. The practice 10 a
questionable one and one in which no per-
son holding tho correct views of the dignity
Of office to which he aspires will engage.
Its enactment into Law will not deter others.
Section 81 prohibits betting upon cleo
tions, and even upon the number OF votes
~ 10 Oo0bs AObo AUO nAN
always will be. q law more honored in its
breach than in its observance.
Section l73, relating to deceit and collu-
sion of attorneys aud other misconduct by
them In the conduct of a case, might very
woll be omitted, as they are offenses which
could never be proved to have been COM
Mitted.
The punishment for murder 10 fixed fol
the first degree, death, for the second de-
gree. Imprisonment in the state prison not
less than ten years. Ibis adjustment o.
the punishment is scarcely proper at THU
time where there 10 such serious
objections TO the intiiction q
juries they will rarely ever assess the death
penalty. and will avoid doing 80 BY finding
the accused guilty of the lesser offense Of
murder in the second degree, where Their.
is no evidence whatever justifying suck
holding. BY fixing tho penalty for murder
in the first degree at death or imprison'
ment for life in ths discretion of the jurv
in accordance with the evidence and in
struotions.
The chapter OF gaming. page "a, not onl!
does away with licensed gaming but pun
ishes officers or other persons interested il
the licensing Of gaming. The question o
licensing gaming might we'll DO left to tn
legislature to determine what course the.
would pursue. Tho present law is in rathe
q chaotic state. and if the licensing o
gaming is to be continued, the various act
relative thereto should be harmoniZed, a
IN moe than one instance the spirit of til
law has been evaded through the conhic
in ita provisions. 'h7
The code also provides for death fror
explosives, etc. Tbs use of dynamite 70
malicious u poses is omitted. This sub
ject ought to b looked into and public
safety guarded.
The object of the paper was merely :
point out tho provisions that appeared I
Mr.. Day to be s%uperfuous or defective. h
said the code appears TO be the result q
careful. intelligent work and the commits
sion deserves the thanks, not only of tn
members of tho bar, but of the people Q
tho state, for the pains taken In tho prspar
alton of q complete penal code. His pape
was referred to the proper committee.
II was decided that all committees who's
work is not completed at this session
should fle their reports with Secretar
Nelson on or before Nov. !. 1892. with
view to their publication and the %presenta-
ton of the entire action of the association
TO the Legislature at its next session.
The visitors will be rendered q banquet q
the Broadwater this evening by members Q
the local bar.
Buy yourbaby carriage at the Bee Hive An