Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-09-13

Now that II is practically certain that
President Mckinley will live all interest
is conferred in the fate of the man who
tried to assassinate him. It is generally
admitted that the laws are not adequate
for the proper punishment of such crime.
and the chances are Czolgosz will escape
with compa ratively light sentence.
The maximum penalty would be impris-
onment for a term not exceedingly 10
years, and this might be commuted for
good behavior to the extent OF three years
and six months, leaving the actual i'm
prisonment six years and a half More
over, as the assassin is under the age of
80. the trial judge could, in his discretion,
send him to the tElmira reformatory in
stead of to an ordinary state prison. OF
course. there isiAlttle. probabiiitsoeof the
latter course, being adopted. g34s.at
The crime having been committed with
in New York state, the trial Will neces-
sarily be held there. There Is no federal
statute covering such a case. United
States laws provide for Furnishing crimes
committed within territory exclusively
owned and controlled by the federal gov
eminent, but otherwise crimes are pun
ishable only by the state courts of the
state within which they are committed,
and according tos the state laws. This
case would be governed by sections 217
and 220 of the penal code, the former of
which defines the crime and the latter pre-
seribes the penalty. Section 27 provides
as follows: $50
Assault in first degree defined.-A per-
son who. with intent to kill a human be-
ing, or to commit felony upon the person
or property of the one assaulted, or Of an
other.
"Q.) Assaults another with loaded fire.
arm, or any other deadly weapon, or by
any other means or force likely to pro-
duce death; or,
"(2.) Administers to or causes to be adj
ministered to or taken by another poison,
or any other destructive or noxious thing,
so as to endanger the life of such other;
els guilty of assault in the first degree. ="
BY section 220 1t is provided that 'as-
sault in the first degree Is punishable by
Imprisonment for a term not exceeding 10
years"
Formerly the maximum and minimum
punishments were prescribed by this sec
ton, but that was changed by the legisla-
ture some years ago.
Assuming as is announced in the tele-
graphic reports, that the assassin is only
rs years old, 1t would be possible, within
the provisions of section 700 of the Penal
Code that he should be sent to the Elmira
Reformatory. That section provides that:
A male between the ages of 16 and 80,
fore been convicted of a crime punishable
by imprisonment in a state prison, may,
In the discretion Of the trial court, be
sentenced to Imprisonment in. the New
York state reformatory at Elmira, to be
there confined under the provisions of law
relating to that, reformatory.
Should he be sent to the Elmira re-
formatory the court could not fix the
limit or duration Of the sentence, under
chapter I'll of the acts Of 1887, but he
could not be imprisoned for a period ex-
ceeding the maximum term provided by
law for the crime of which he was con-
victed.i
The communication which prisoners may
earn for good conduct is specific in chap
ter 81 of the laws of 1886, which is still In
force. Section 1 of this act provides:
Every convict confined in any state
prison or penitentiary in this state on
conviction. of felony or misdemeanor
whether male or female, where the term
or terms equal or equals one year, or who
has a term the maximum Of which Is nxed
by law, exclusive of any term which may
be imposed by the court or by statute as
an alternative to the payment of fine, or
a term of life imprisonment, may earn for
himself or herself Communication or dimi-
mutton OF his or her sentence or sentences
as follows-namely, two months for the
first year two months for the second
fourth years, and FIVE months for each
subsequent year.
The rules governing allowance and dis
allowance Of communication are formulated
by the superintendent of prisons, and the
warden of each prison reports monthly to
the governor the names of such prisoners
as are entitled to be discharged in the fol-
lowing months by reason of having earned
communication for good conduct. The de-
termination as to what prisoners are en-
titled to be discharged is made by board
consisting of the warden, the principal
keeper and the physician in each prison.
In cases where the board recommends the
Withholding of the Communication provided
in the act they must report their acts to.
the governor giving their reasons there
for. The governor has power to increase
or decrease the term of Communication rec
commended by the board, but he cannot IN
crease 1t beyond the periods prescribed In
the statute.
one other provision of law might posi-
bly, further shorten any sentence imposed
on the assassin. Section 697 Of the Penal
Code provides that the judge, In sentenc-