Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-12
AGREE
That Criminal Laws
Need Mendin6.
GOVERNORS CULDEnsoN AND HoGG
ON THE SUBJECT.
A CALL FOR REFORM.
QUOTATION MADE FROM GOVERNOR
go6G's MESSAGE TO THE TEXAS
y. LEGISLATURE.
Many More Editors Lend Their Aid
In the Common Cause of
Needed Reform.
A CALL FOR REFORM.

cessor. Governor Hogg, are both on
record in favor of substantial re-
forms of our criminal system. When
two governors In succession declare
that the law does not throw adequate
protection around human lie. and
when these official assertions are cor
roborated by the presence In almost
every community OF murderers who
have gone scot free, while petty thieves
received severe sentences 10 lmprison-
ment, 1t Is u waste of words to try 10
convince the people of Texas that there
is nothing wrong with our criminal
system.
In his message TO the Twenty-sec-
end legislature. Governor Hogs dis,
cussed the subject OF "Crimes ard
Remedies" with his usual vlgor and
plainness OF expression. We quote the
entire paragraph, ms 1t goes to the root
OF the most serious fault of the law
the assumption that Jurors are IA
milinr with the legal meaning OF tech
Meal terms ma nrc capable OF making
without instruction Gne distinctions
that have puzzled supreme courts.
Every citizen of the state who earnest
~ desires to see Its legal system adj
vanced to "A plane OF equality with
those OF the most perfect civilization,
should give a thoughtful reading to
these suggestions OF Governor Hogg.
We will publish later the recommcn-
dations Of Governor Culberson. which
were equally pertinent and pointed.
From Governor HoRg's Message.
In most respects the penal code and
code OF criminal procedure of Texas
cannot DO excelled In accomplishing
the objects for which they exist, but
In some material particulars the test
OF experience has developed faults In
them very detrimental to public In
tereHts. The design OF enactlng the
former was 80 define in plain Ian
guago every offense against the laws
OF this state and to afIlN to each Of
fonsa the proper punishment" he
purpose OF the latter was ITO adopt
measures for preventing the commits
sion OF crime. to exclude the offender
from all hope OF escape, to insure a
trial with the least delay ,onsistent
with the ends Of justice; to bring to
tho investigation OF each offense. In
the trial, all the evidence tending to
produce conviction or ncqulttnl; o In
sure fair and impartial trial, and to
maze certain the execution Of the SEN
tencc OF the law when declared" The
chief aim OF the two Ia to promote
good order among luw-abiilng citizens
and to afford them protection from Il e
lawless in the enjoyment Of life, liberty
and property.
In the definition and punishment Of
offcnses against property our laws are
models. They are clear, simple and
easy OF enforcement. Ample safe
guards are also thrown around the
liberty OF every citizen. Such, how
ever. IN not the condition M to his life
the dearest right OF all. No offense
can be more easily proved than that Of
unlawful homicide, yet there are less
convictions for II than any other crime
In proportion to the number committed
In this state Illustrations TO support
this painful admission cannot find an
appropriate place In public docu-
ment, To state tho truth ot the case
carries with 1t deep humiliation. c uses
for this state of affairs are traeeable to
tho laws, and not to derelictlon In Of
flce. nor TO the sentiment OF tho p ople.
When horse Is stolen the thief ouzht
TO he punished. so, whom n human life
Is unlawfully taken the murderer ought
TO be punished, Every ono n willing to
concede this, Proof In either case Is
simple. The law defining theft Ia plain
and easy TO comprehend. but those de-
iininR unlawful homicide are compli-
Gated and difficult 10 understand. Tte
right to take the property OF another
without legal process rests on the COM
sent OF the owner. The right to take
human life without legal process rests
on self-dofense. Common sense ard
principles OF Justice teach these truths
To punish the wrong or protect the
right In elthor cnse ought not to ha nt-
tended by any unreasonable emharrnsp-
ments or unseemly delays. Certainly IL
amy advantage Is given to either crimi-
nal humanity and good government
suggest that II should be to tie thief
- AA ma.
worse, however, Is the condition Of our
laws, The trouble mainly Hes In the
chapter OF the penal code on MAN.
SLAUGHTER" This offense II defined 10
he voluntary homicide committed nm
der the immediate influence OF sudden
passion arising from an adequate
cause, but neither Justified nor excuged
by law" The punishment for IL ia
confinement In the penitentlary for NOT
less than two nor more than Hvo
yearn. In almost every trial for mur-
der the Judge Is required 10 charre on
this law. He must In writing tell the
Jury what "mAnslauRhter' IL, az ais.
tlnguished from "murder'' OF tho f,rs,
md second degrees. After Instructions
In technical language that IL re AZ.
PENDANT unlnwfully Killed the dereasa8
on express malice he is guilty OF MUIR.
der in the fret degree. or II the l,llllny
was on implied malice. the offonsa u
murder In the second degree. he nro.
ceeds to perform the Ardeous and or,
barassing task OF Informing the inv
on granddaughter" He tells them 10,
It Is voluntary homioide." con,mt,,a s
under the immediate influenon'' of
''sudden passion" arising from a.,
"adequate cause" but "nei,ber t,s,i
fled nor excused by law" procacalra
he descends into particulars, and sivss,,
instructions on the meaning ~ ~,
terms under the. immediate Influenza
OF sudden pAsslon." Of nadan,,.,e.e
cause" and INDUCES in such stat,,so.'.
Illustrations OF those phases as ave M.
plcshle to the chS0. He also dsnrp.
and charges on the riaht N .Heifvsa'
Tense" telling the Jury that tho ss-
lsndnnt bad the rleht to take tho M.
stances; and In discussing hts rlvSsp,,,
ssy on |annarsnt danger o. serious