The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-02-20
SENATE BILL "a.

The objections TO Senate bill No. S4 are
so obvious that it's defeat should not be
matter of any doubt whatever. This is the
bill which provides that person who has
been indicted, tried, convicted in lower
court and sentenced under a criminal
charge may be released on bail, pending an
appeal to the Supreme Court The bill
seems to be based on the false and mawk-
ish theory that it is better that ninety
nine criminals should go unpublished
than that one innocent man should suffer.
That theory has already been pushed to
extreme that is bringing the admins
tration of criminal law into disrepute and
weakening some of the most important
muniments of society. When cases OF mob
law and lynchings are increasing and
when the popular distrust of courts and of
legal procedures is growing Is very in
opportune time to propose to add another to
the already too numerous chances for GRIM
inals to escape justice. In lecture deliv-
cred before the students of Yale College, on
Monday night. Justice Brewer, of the
United States Supreme Court, said:
1t has seemed to me that in some cases
legislation was conceived for obstructing
the punishment of criminals. Courts and
executives have been tender-hearted. 1t is
not wonderful. therefore, that communi-
ties have punished when they feared that
the law would interpose delays. But when
legislators become aroused by the moral
sense of the communities they will enact
such legislation that justice will be facili-
tated. Then ynchings will be forgotten and
be matter of history.
Before enacting a law in the interest of
criminals the Legislature should consider
whether it is willing to furnish a new
argument for popular contempt of courts
and for the application of lynch law.
Senate bill No. "a is not only in the inter-
| est OF convicted criminals, as against So
| ciety. but 1t is in the interest of rich crimi-
| pals, as against poor ones. BY its provi-
| sions any convicted criminal who can put
| up money pay good lawyers fee can
escape the sentence of lower court. After
| having been convicted by jury the con-
victed criminal only needs to pay his law
| yer enough to justify the latter in going on
his bond to escape punishment. This gives
the rich criminal a distinct advantage over
| the poor one. 1t might happen that of two
| persons convicted of criminal conspiracy
| and sentenced to the penitentiary, one
might be able to give bail bond and the
| other not This would be an odious dis
/ elimination.
The practical operation of such law
has been demonstrated in Missouri. where
| 1t has prevailed for a few years. Its ef-
feet has been to free many convicted GRIM
| inals because, after bail bond is accepted,
their able lawyers fail to pay filing fees in
| the appeal. which results in the appeal not
being acted on and gives the criminal lib
/ erty long the bond is acceptable. The
| Missouri law has worked so badly that 1t
| is about to be repealed. No doubt criminals
| and criminal lawyers would like to have
| more avenues of escape for criminals but
| other people would rather have the pres
| ent number diminished. Senate bill No. "a
! should be killed.