The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1894-03-23
STARTLING STATISTICS.
A Sensational Report Submitted by the
House Judiciary Comrhitree.

10 congress III years - Vic II poi = VI eiC
judiciary committee accompanying the
bill ITO def2e the crimes of murder in
the first and the second degrees and to
abolish the death penalty"
"A comparison of the criminal laws
of foreign countries" he says, with
those of the United States shows that
we undoubtedly have the bloodiest code
in the world, and it is confidently stated
that we also have the greatest number
of homicidal crimes in proportion to
population, while the administration
of Justice, measured by our statutes, is
the most uncertain and abortive, Judge
Lynchs court furnishing the most gen.
eral and certain method of Furnishing
violators of the law"
His first table shows that in the first
thirty-seven years of the republic the
letter and spirit of the criminal laws
were supported by public sentiment
and that the administration of justice
travelled in lines parallel with the pro-
visions of the criminal code. "But the
statistics for 1890, 1891 and 1892 fur
nished by the Encouragement" says
Mr. Curtis, ''show that the administra-
ton of the criminal law has diverged
from our ancient and unchanged stat
utes In former times, in proper cases,
about So per cent of those tried were
convicted, while in recent years the av-
erage is less than 90 per cent in the
federal courts, and still lower in the
state courts"
Perhaps the most remarkable state
ment also proved conclusively by Off
cial reports is the one which accompa-
MES table No. 4, in which it is declared
that in those states prescribing the
death penalty for the greatest number
of offenses, homicides have been most
frequent, while lynchings have in
creased, and the number of legal exc
cutions have diminished.
In giving the offenses for which the
death penalty may be inflicted under
the criminal codes of the several states
and territories, it is shown that in a
general way the southern states lead.
Georgia easily ranks first with crimes
for which capital punishment may oe
prescribed. These are treason, insur-
rection or an attempt to incite it, muir
der, killing unborn child if injury re-
suits in mothers death, counseling
pregnant woman to kill her child, GRIM
inal assault, arson, malicious burning
of railroad bridges, perjury in capital
case. Louisiana, Alabama and Mary
land each have seven crimes for which
the death penalty is fixed, and num-
Der of the southern states four. Not
withstanding these many crimes for
which the law fixes the penalty at
death, there were sixteen persons
lynched in Georgia in 1892 twenty
eight in Louisiana, twenty-five in Ar
kansas, and twenty -one in Alabama,
leading all the states with few crimes
legally punished by death, except
Texas, which tied Louisiana, having
twenty-eight lynchings. In Rhode ISL
and capital punishment wis abolished
in 1852 and in 1858 it was abolished in
Wisconsin.
The table giving the homicides in the
United states during the past three
years shows this progression: In 1890,
$3.50: in 1891, 5 900 and in 1892, 6,191.
The report of the Judiciary committee
favors Il retention of the death penalty
in cases of murder and criminal assault,
with certain notifications. In discuss
ing the till the committee gives the
following interesting review: The Of
fenses to which the death penalty was
affixed during colonial times were
adopted from the English code and re-
enacted in the federal statutes after the
ii l,n
changes have been made during the
last century. At this time there are
sixty offenses for which federal laws
prescribe the death penalty, positively
or couditionally. as military or naval
court martial may, in its discretion. di-
rect. There have been no executions
for many of these offenses for a long
term of years. Their existence in the
statute gives a sanguinary character to
our laws inconsistent with the spirit of
the people and of the age.
while the crime of murder. in the
first degree and criminal assault are,
under this bill, punishable with death.
provision is made hat life imprison-
ment may be substituted for the pen
atty of death in trials in the civil
courts, whenever the jury shall qualify
their verdict by adding thereto with
out capital punishment and in trials
in military courts for the crimes of de-
sertion in time of war and aggravated
mutiny, imprisonment for life may be
substituted for the penalty of death,
whenever the court may, in its dis
erection, so direct These modifica-
tions are in harmony with the practice
of many states and a growing public
sentiment.
Your committee recognizes the
strength of the arguments presented
by the advocates of the abolition of the
death penalty. supported as they are
by statistics and the satisfactory ex-
perience of states and countries in
which partial or total abolition has
been tried; and several members of
your committee are fully prepared to
recommend the total abolition of the
punishment of death. But others be-
lieve this penalty to be great deter
rent, and that the people are not, at
this time, ready for total abolition;
therefore your committee unanimously
recommend that for the crimes specified
in this bill the punishment of death be
retained, with the limitations provided
herein, and that for all other crimes for
which this penalty is prescribed under
existing laws this punishment be total
ly abolished.