The state herald., 1905-03-31
Highway Robbery Bill.

Because he once looked down the
barrel of gun held in the hand Of a
"stick-up. gent" Senator Anfenger yes
terday afternoon made heroic effort
to save his bill Increasing the terms of
sentence for robbery,
Although the bill finally passed with
the maximum sentence, forty years,
untouched, 1t was practically killed,
for Senator Hill sEpcceeded in getting
an amendmentsfhfough leaving the
minimum penalty Ito be fixed in the
discretion OF the court.
Senator Anfenger introduced his bill
at the request of the district attorneys
office, and 1t was drafted as a result
of the long series of holdups with
which Denver has been suffering for
several years. Il is based upon the
stringent Illinois law, the operation of
which is said to, have resulted In a
marked decrease in that state of high
way robberies. Under the present law
in Colorado the most convicted hold
up can get is fourteen years, and 1t Is
said that 1t Is because of the laXity Of
the local law which caused Denver to
become infested with robbers of this
character year or so back.
The first section of the Anfenger bill
which was the only one allowed by
the committee, reads as follows:
Every perso8 who shall be con-
victed Of feloniously taking the prop.
erty Of another from his person or in
his presence and against his will by
force or violence to his person, or by
the use of any drug DR. liquor, or by
putting him in fear of spme immediate
injury to his person, os who shall be
convicted of feloniousls taking the
property of another from the person Of
his wife, servant. clerk or agent, in
charge thereof, and aghnst the will
of such wife, servant. clkrk or agent,
by violence to the person of such wife,
servant, clerk or agent. OF by putting
him or her in fear of some immediate
injury to his or her person, shall be ad-
judged guilty of robbery In the first
degree
The punishment for robbery in the
first degree was fixed by the bill at
not less than ten years Imprisonment
in the penitentiary. nor more than
forty years.
Senator Parks, when the considera-
ton of the bill came on. wanted the
minimum sentence raised to twenty
five years, and made this an amend.
ment.
Senator Hill objected and offered a
substitute amendment striking out the
minimum sentence altogether.
"It seems little Inconsistent" he
~ ,phn ho c
fathered all the juvenile court bills. to
come before us with n bill of this kind.
| am against this minimum sentence
for the reason that it often happens
that holdups are committed by young
| boys. To take ten years out OF their
lives is to give them no chance what
ever at reformation
81 admit that In this bill and in my
| juvenile court bills II looks like was
playing on both sides of the fence.
replied Senator Anfenger. But hold
ups are not committed by the boys of
Judge Lindsoy's court. II they are
/ committed by young men at all they
are nearly always cx-conyicts or with
strong criminal tendencies.
ANY one who has ever had the eX-
perience as ! have. OF being held up
at o'clock at night. will feel that ten
years Is not toe heavy n minimum sen
tence. tookJist one look down the
barrel OF that gun and then took to
my heels. and ever since | have wanted
that fellow to come within the tolls OF
the law. Any one knows that hold-up,
II resisted. is prepared to kill. think
the law ought TO be made as stringent
as possible"
Senator Hill took the position that
the tendency OF modern times was 10
leave the minimum sentence to the
court. He said that In recent years
Congress had left this matter entirely
TO the federal Judges to decide.
Upon vote the Hin amendment
carried. and then the bill was passed
on second reading with this amend
ment.