The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-09
THE CRIME OF CznLGnSz
The Probable Penalty in Case the
President LivFs.

NEW YORK. Sept. 9-The Tribune
! this morning SAYS 81
The Tribune" was first 10 call atten-
ton 20 the fact that should the Presi-
dent finally recover. ncle punishment OF
i the creature who attempted TO kin him
would be comparatively arrival. and that
there was no Federal STATUTE. covering the
crime. but that the local law Of New
York State. where the crime was com
mittcd. would govern the ease. This view
has since been confirmed by Government
officials II appears, however. that the
State law is haTSher I'm Furnishing such
offences than the existing Federal stat
uJcs are.
Surprise has been expressed. however.
mat there was no method Of Furnishing "A
person guilty of such an atrOciOus crime
&" any greater extent than imprisonment
Tor ten years, with a possible commute
non Tor good conduct. which Will shorten
the term 20 six years and half IL has
been remarked that Congress might De
excused for not having been thoughtful
enough 10 provide for such a contingent
- II there had been no circumstances TO
call attention 20 the weakness of the law
In this respect But, IL is added. ia view
OF the two extremely sad and painful ex-
peuences which the country has under
gone in the assassiuation Of Presidents
Lincoln and Garfield within the memory
Of many persons now living. ii would
seem that the omission should have been
corrected befOre this
ono reason why the murder of Prcsi-
cents Lincoln and Garfield did not bring
tAe possibility Of the present COmplica-
Lon nome TO the National legislature
probably Is that both Of those crimes
were committed within the District OF CO.
lumbla, which is governed exclusively un-
DER laws enacted by Congress. and crimes
are punished according TO statutes passed
by the same body These crimes aid NOT
therefore, cali attention directly 10 the
possibility that some President might in
the iulIrc- De asSaSsiuated In a place
where the laws enacted by Congress Were
not IN force as to the punishment. Then
there Is the extremely sad fact. also. that
neither Of the former Presidents who
were the objects Of such attacks surviv-
ed the assassin bullet. and therefore no
question arose as 20 the punishment for
an attempted assassination.
Further than this. 30 has been the policy
OF the Federal Governments since the be-
ginning 10 leave the punishment OF what
are known as common law crimes gene
raiiy 10 the State tribunals within the ter
rltOry OF which they were committed.
Z his, Of course, does not apply 10 frauds
against the Government itself. such as
smuggling and other acts which are only
The general tendency IS indicated in the
act Of Congress Of March g. ISIS when is
Sul' In force as section 5591 Of the RE
Vlsrd Statutes, and reads as follows
If any offence be committed in anv
pi..~|- which has been. or NAV herea Trer
be. ceced 10 and under the Jurisdiction
% the United States. which offence is not
pronlblLed. or the punishment thereof is
not specially provided for. by the law Of
the United States. such offence shall be
liable 10 and receive the same punish
ment as the laws Of the state I'm which
said place is situated. now in force rrO-
wac Tor the Ike offence when committed
within the Jurisdiction of such State. and
no SUBSEQUENT repeal Of any such State
law shall affect any prosecution for such
enthce III any court Of the United
II is seen. therefore. from This s-a+r+s
that state courts frequently have fJIris-
dlctlon To punish crimes committed In
places under the exclusive jurisdiction OF
the United States. and that the punish
ment VIII be according TO State laws IL
mas been mOOted question in the past
whether State cOurt~ had any juriSdic-
ton whatever when Congress provided
Tor punishment or crimes within places l
controlled by the Federal Government.
without specifying that the Federal trib-
unals should have exclusive Jurisdiction
Of such cases
The New York Supreme Court. I'm a
comparatively recent case. decided that /
the State court had Jurisdiction OF an ac-
ton dgdluSt the commander Of the mill .
tary post al Albany 10 recover damages
caused by his dog biting child while she /
was within the arsenal grounds although 7
II was conceded that Congress had pow /
eT 20 give the Federal courts exclusive 7
1lIrioeIStion - on oivil cutie s,8 e4sralaf
prosecutions arising from all acts done |
WITHIN the military reSerVd tiOu- Cong resS I
not having provided for a remedy in civil I
cases, the Supreme Court took iuriSdic-
ton or the case although Congress had /.
provided for the punishment OF certain z
crimes committed within the precincts Of B
the post
II IS further provided in the title Of the
United States Revised Statutes devoted .
rH - i .mn d..
shall be held TO take away or impair the
jurisdiction OF the courts Of the several /
States under the laws thereof. That act .
dates back 20 February .. lSs.
Their. are several United States stat
Ites providing for the punishment Of as
Sauits upon officers Of the Federal Gov
eminent while in exercise OF their duty.
but none relative TO the President par
.lcUlarIy- Most of these acts We're made /
necessary by local prejudice against Fed /
-Tal laws Tor one cause and another For
Example. making -mOOuShine whisky is .
not considered wrong by the people Of .
some portions OF the Union. and the kill 3
ing or assauIting Of Federal authorities .
seeking 10 prevent u could not In many i
cases. b. punished at all In the absence t
N "a Federal statute. which could be en-
forced in a United States court
In the absence of any law applicable {
pax tIcularly to au attempted murder OF 4
The President IL appears that the criminal /
ia TINS particular case can be punished I
more severely under the laws of New I
\ ork than he could have been had the
same crime been committed AZ a place /
within the exclusive jurisdiction of the .
uited States Section 52N9 OF the United F..
States Revised Statutes provides
Every person who commits murder
"FIrst-W1t any port arsenal dock
yard, magazine. or in any other place OF
district or country under the exclusive
jurisdiction OF the United States
shall suffer death
Section 1872 provides
Every person who within any OF the
places OF upon any Of the waters deScrib-
ri IU section Js.9. attempts 90 commit the
'rlNe 1t murder or mdUSiauEht-r o
shall De punished by Imprisonment. with
lr without hard labor not more than
three years and by a fine Of not more
han SI.OUa'
This Imprisonment might be C0mmuted /
six months for good behavior. IL follows
therefore that under the present state OF 4
he law the assassin Will be more harShIy
dealt with under New YORK law than he
would De II he should be prosecuted under
existing Federal statutes
CURRENT HUMOR.