The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-11

20 sDectsI Instances % the ofTense were
drafted ~ different men and presented a
G HeTenf tsun9a. TaerH ~ 4 xHssgrA4 slAte e
. n.shlng emsezzlsuiert. ous mere are
aix9 many special s<asutez Farslsata1 ens-
bszz1~fgseus IT, g4Ff.eH AZ cases. ana -
nns awnre tAAf 81 nts tes Hse A's.s
whsfh.-r tae Eererai stsiate aBpises -
s&cD saa g AeL 3t.es e. s...- -
ps3na=hsgF era81s u tne Cniff+ -<@s "
r4ry spee O. nas ane tn4re + EeE-
eraz statsife FagTfsasEle c9nseraf* = o.
$3.50 sse FfrEres4 Seatss TO aiS cases. cEt
taare IS 50 asafFa4 tttpss pslntsatas
srsads azfn6s raa U1ilsa STATES wss2
con1ittsd ~ 94e maa Alone
Il ;aiuk 2 usw ey8nes ST saouad Dc
r.sssaa - sssess4lg AZ possia.s Nt1ieA
you'd contain gTvvlsiofs ssrHizsss esasslF
uytsier=t104 and general ~ fnsir q o2e. eeF-
egtnx zeue efsases IS t89se Aease st4sea !
khaf ansaQrM sS4sen e 9AaisA1als. ~
shsgsa f8as ~ provided. ard mat as -
eAses arising 81 TIE fNfaEe the rreSrnt
laxa res4ilaK 80 these eEtnss sno4la 3
rereAles Th1a NoEk Gonl1 he EASILY ana
quickly performed oy \ eorsniszi9 =
Tie Increasing rspuxnanee 81 the pafE
az tssYIeg 70 infIef death penalties. ~ con-
nectlon with the fact tfsf The iaW Takes
no degrees ia muraeF, cons -aftiy i s.s1s
- fn& entire acg2ttta1 % parsons Fffaksa9
-ith capital crimes ia cases sleFs ne
facts proven not Only warrant cons sstila
for murder, bur os5ige tne court 20 esle-. -
that they do not permit cos.ss - - 80 -
mere nlansiagghtsr. 7 als sanSer 20 scSi-
cry car &c B. least uftfrfzed Y -
ltssFr ent ~ statute Of different degrees OF
murder with corresponding appropriate
grades OF punishment
ssrne second defect IS the unfortunate
result OF tie present law governing Wits
81 error 10 ne sDpfs me court IA criminal
cases. Defendants n crinlAa4 cases aEe
generally poor IL - not hard Tor them
10 esstAin counsel to defend them al home,
but Il IA generally beyond their power 10
obtain counsel 20 argue tseiF cases before
fhs supreme court. ] think that q trans
20 the circuit court
OF appeals wEth me present system OF
permitting important questions 20 D pre-
scented to the supFsme court y csftitlSA~
ton IL highly desirable
The oa.aa of the United States against
Rider and the United States against
Howeecker, the attorney general says,
disclose another grave defect IN our Grim
iual procedure. The decisions are that the
statute permitting the supreme court 10
review questions OF criminal law upon GER
nfcate Of a division between the circuit
and district judges has been implicitly re-
peaiod. The court had previously held
that there could be no writ OF error on be-
half OF the United States In criminal
case. The consequence is that when
doubtful point arises In a criminal case,
there Is no way in which IL can be taken
10 the supreme court except by resolving
the doubt in the first instance against the
prisoner. permitting conviction, ana
casting uEHn MIN the paf1fn Gnu s&PSA1G
OF prosecuting n writ OF error. The at
torney general recommends either that the
right 70 certify a division Of opinion In
such q case be restored. or that writ OF
error be allowed 20 the United States
upon questions arising on demurrer or
motion in arrest of judgment.
The attorney general bays that last
September complaint was made 70 him
that a certain telegraph company, who
had in other countries reached by them
a monopoly which would exclude all
American companies. were about 10 land
a cable on thu shores OF Long Island. He
says:
.It was reported to me that such for
eign company having failed on account OF
the exclusion OF the American companies
above mentioned 20 secure authority 10
land their cables. have resorted TO the de-
vice OF an American company, with
small capital. organized TO be controlled
hy chem. which Il merely 20 lay its cable
from our shore out beyond the line or
Jurisdiction. and thereby furnish means
OF entrance 20 the foreign company.