The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1894-03-23
THE DEATH PENALTY.
A Sensational Report Submitted
to Congress.
The judiciary Committee Speaks Very
Plainly About the Criminal Code
Number of Capital Onenses
Under Present Laws
A Sensational Report.

NUMBER OF Capital OnenSeB
Under Present Laws
A Sensational Report.
WASHINGTON, March 11.-Perhaps the
most sensational document submitted
to congress in years is the report of the
bill ito define 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" Mr.. Curtis says,
with those of the United States shows
we undoub tedly 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 abor tive, Judge
Lynch's court furnishing the most gen.
eral and certain method of Furnishing
violators of the law"
His first able 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 s. per cent of those tried were
convicted, while in recent years the av-
erage is less than 20 per cent. in the
federal courts, and still lower in the
state courts"
Perhaps the most remarka BILE state
ment also proved conclusively by ofi-
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
general way the southern states lead
Georgia easily ranks first with crimes
for which capital punishment may be
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
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 pun ishment WAS 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,
1890: in 1891, 5 906 and in 1892, ,19l.
The report of the judiciary committee
favors a retention of the death penalty
in cases of murder and criminal assault,
with certain notifications. In discuss
ing the bill the committee gives the
following interesting review: The o..
lenses 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
adoption of the constitution. Few
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 conditionally, as military or naval
court martial may, in its discretion. d.
rect There have been no executions
for many of these offenses for long
term of years. Their existence in the
statute gives 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. punisha bic 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
cretion, so direct These modifica-
tions are in harmony with the practice
of many states and 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
vOur committee are fully nrenared fo