The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-06
THE PARDoNINa POWER AND
IT'S RESULTS.

The folly of pardoning criminals and
turning them loose on the community
has again been illustrated in the case
of Clyde Mattox. What is the use of
laws and prisons for the protection of
the public if their operation is to be rem
dered void by an appeal to a power
higher than courts or prison wardens?
Penitentiaries have never been re-
garded as reformatory institutions, and
few are now found who regard punish
ment as a successful means of making
people better. The most that can be
claimed for the latter is that it may
have the effect of deterring men from
committing crimes. This deterrent in
huence has been reduced to the min
inum by the thousand and one loop
holes of escape between the commission
of the crime and it's punishment, such
as the right of challenging the jury, the
petition for new trial. the right of ap-
peal and innumerable bubbles and
technicalities.
Then as if these were not enough, af-
ter everything else has been tried, there
comes the application for a pardon,
which is so often successful, upsetting
every intent and purpose of the law
which is designed to protect the COM
munity from further danger from the
convicted criminal.
Under such conditions it is not sur
prising that the people have so far lost
faith in the administration of justice
that they are taking the disposition of
criminals into their own hands with in
creasing frequency
In a Baptist convention at Savannah,
Ga, recently, Judge George Hillyer of
Atlanta gave some startling figures
upon the increase of crime, urging the
consideration of the question upon the
church and suggesting that as the law
was slow the state legislative body be
appealed to to note the facts and fig
ures and to take action. Judge Hillyer
says: I'm the United States there are
more homicides than in Scotland, Eng
land, and Prussia In 1894 there were
5000 homicides in the United States
and in 1896 there were 10000. In the
past year more homicides were COM
mitted in the United States than men
were killed in Cuba and more than fell
at Gettysburg or in the Philippines.
People were losing confidence in the
law. The press has been remarkably
quick In bringing the matter to the at
tention of the public, but the ease with
which verdicts are set aside in the
court room and the facility with which
notorious criminals escape punishment
nave brought much OF this about. The
amount of crime is increasing and it
seems that the criminal is the only one
who has any rights. The people lose
confidence in the effectiveness of the
law to punish criminals. Hence the in
crease in Iynchings." Judge Hillyer said
that although he had twice brought
this matter before the bar association
they had taken no action. He now APP
pealed from the bar to the church to
aid in correcting this great evil Reso-
buttons were adopted calling upon the
legislature to revise the code of original
procedure and enlarge the powers of
the court SO as to let all men know
that the law is willing and able to do
immediate and thorough justice in
every case. They assert that lynchings
are e result of distrust in the prompt
ness and efficacy Of the legal machin-
cay.