The daily journal. (Salem, Or.) 1899-1903, 1903-01-14

Maid nv either the state to the sherin
or 70 the county where the conVictloh
was had. There was appropriated lot
this service at the last session oil the
legislature for the two years ending
december 81. 1902. S12.500, and up to
Sept-mber 80. 1909. there had been
Maid out $40 24176. A material saw
inc can be made TO the state, II in.
stead OF the present method, an act
passed. requiring the performance OF
this service by the superintendent OF
the penitentiary. or some OF MS SUD
ordinates. who shall only recover from
the state the amount Of actual ex-
penses incurred. upon claims properly
verified. presented 20. and audited Dy
tn Secretary OF State. Such course
will. besides, provide Uniform
course TO be pursued by all Of the
counties and the work will be done
by men trained In dealing with Grim
insls and the criminal classes.
Transporting Insane and ldiotie Per.
sons 70 the Asylum.
Section 1858. Hills Ann. Laws, pro
yides in substance. that when a per
son has been adjndged insane, such
person shall be conveyed 70 the asy-
! ium hy any proper person or persons
selected and designated by the county
Judge. The sheriff is usually desig'
mated for this service, and the eX'
|penses are paid out OF the state treas
Jury. not exceeding SO per day TO the
Iyerson appointed. and his actual, rea'
s0nable and necessary expenses, TO
g4ther with $3.50 per day for the
/ necessary attendants. For the pay
|ment of these expenses there was ap.
| |prouriated at the last session OF the
LEGISLATURE for the two years ending
December 81. 1902 S2750O. and from
! January /. 1901. 10 September 30
1902. there was expended on this &C.
count S2317S9i
The transporting of the insane and
| idotic TO the asylum ought 20 be en-
| TRUSTED 10 the superintendent OF the
Oregon State Insane Asylum and his
assistants. not only ON the score OF
economy 10 the state. but for reasons
lof humanity as well. That this un
| fortunate class should be entrusted
! I'm all kinds Of weather. for long and
tedious journeys and under any and
Iall conditions, 20 persons who, IN
many instances are not only entir,
| strangers 10 them. and so careless oI
| their wants but who have had no eX
perience In the care or treatment OF
those so afflicted, is discreditable tc
/ the state Recommendation have
| be n made by former executives fol
amendment OF existing laws touch
| ing this subject. the press of the stat'
| has expressed Itself clearly and un
equivocally In advocacy thereof, an
these things supplemented by IN
. lplainest dictates of every sympathetl
. heart. suggest immediate action In b
. half OF a class Of unfortunates win
. Though they live. and move and haN
] their being" can have no voice
i aught that affects their welfare.
, Youthful Criminals.
Section l414. Hilrs Annotated Law
Iof Oregon. provides for the suspeI
sion OF final judgment against minor
under sixteen years OF age, on an
conviction, charge or prosecution 70
misdemeanor or felony where. In IN
opinion of the court in which sue
proceeding is pending there is a reg
sOnable ground 20 believe that sue
minor may be reformed and that
commitment 20 prison would wor
a manifest injury
Provision is made Tor the disposI
tion Of such minors In cases wher
there has been a suspension Of jude
ment This statute was passed befor
the creation and erection OF the re
form school and though IL has neve
been In terms repealed, ii has beei
.mCdihed by subsequent Legislation
for the government of said school b!
the acts OF 1859, 1891, and 1898 Tn
der the provisions OF the latter act
the court has the power to commi
juvenile offenders between the age:
.of 10 and lG years charged
with the commission OF a misde
.maanOr or a felony. except in capita
cases 10 the reform school instead o
10 the county jail OF penitentiary
The jurisdiction OF the courts undel
these statutes. between the age limi
named, Is ample but circuit courts
should be vested with a broader juris
dicti0n by positive statute. Ample
provision is made for the exercise OF
discretion by courts of superior juTis
.d.ction in many states. and even In
the absence of statute. the exercise
OF a sound discretion with reference
/ to suspension OF sentence has been
sustained. But the propriety Of such
/ course IN the absence Of statutory
authority is questioned, and properly
Z So, Numerous cases have arisen In
my own experience as a public prose,
cutor where young men between the
ages OF sixteen and tWenty-one. and
even older, have been inveigled into
/ the commission OF crime. In many
cases these young men were of excel
lent antecedents training and habits
I II most frequently happens that in
such cases friends OF relatives are
willing notwithstanding these de
pariures from the paths OF rectitude
10 take them, answer for their future
conduct and give them employment
And again, positions can often be had
Tor these unfortunate young men ON
board ships bound upon long voyages.
IN charge OF capable officers. but nm.
der the law as ii now is, no recourse
is left TO the courts except to commit
them either 10 the county jail or 10 the
penitentiary, or 10 exercise the cues.
tence.