The news & observer., 1905-08-26
A "VICTIM" OF REFORM.


sci for Senator Mitchell, of Oregon,
now under sentence for his connec-
tion with the gigantic land frauds
against the government, recently gave
out a remarkable interview in which
he stated that Senator Mitchell seem
ed to be a victim of the ''wave of re-
form" and that many other promi-
nent western men might now be in
his position had not the Statute of
Limitations operated to save them
Mr.. Thurston doubtless had it in his
mind to eXtenuate the circumstan-
ces of his clients guilt and to excite
sympathy for him in his plight. It
seems, however, that he is unfortun-
to accomplish this end. 1t is to GER
tain extent true that "wave of re
form has been sweeping over the
country. The wave came after a
preceding deluge of graft. Why one
who had over-stayed the 'pyscholo-
gical moment of easy public morals,
or public inattcntion, through greed
should be denominated victim is
beyond our comprehension. Reform
does not victimize; it merely deals out
Justice Because the punishment was
delayed is the crime the less? And be-
cause certain wiser ones than Senator
Mitchell saw the coming storm, put
away their spoils and commenced 10
be good in time to avoid the crash,
is that to be taken as requiring a gem
eral amnesty for criminals who are
still liable to the law? Reform of any
sort to be effective must be an active
movement rather than the ennuncia-
ton of a principle. The very grafters
themselves are diffuse when it comes
to high minded utterance. True re-
form is inseparable from victims
in the sense in which Senator Thurs
ton uses the word. And every crimi-
nal thinks himself unfortunate, as in
deed he is.
1t is the more surprising that Mr..
Thurston should have spoken as he
did of the statute of limitations. Mr..
Thurston is a lawyer and knows as
no man knows better that there is
nothing remotely exculpating about
the principles which caused its inact-
ment. The statutes of limitations serve
a great purpose. They prevent injus-
tice in that they assures to every de-
.fendant the right to have witnesses
in his behalf who will remember the
a
large extent prosecutions under the
law. A. criminal act is committed
debt is contracted. The State on the
one hand the creditor on the other
have their remedies under the law.
But they should be diligent in doing
those things which the law provides
for protection. 1t will not do to wait
until the whole matter is cold and then,
depending on musty evidence, hale
man before a court and catch him un-
prepared. Mr. Thurston is entirely
right in saying that the statutes of
limitation have saved many guilty
men. But that is no argument that
is should save, or excuse, all guilty
men. The reductio ad abSurdam is SO
easy in this case that we refrain from
pursuing it further.
Being "a friend of the convicted
Senator, his counsel was doubtless
carried away by his zeal and by his
pity. 1t is pitiful thing to contem-
plate. the walls of a penetentiaTy
awaiting a man of "respectarbility.'
Everybody feels it. Here is a man,
courtly perhaps affable, good fellow.
The lime-light comes on his life and his
respecta bility is found to be only skin
deep. 1t is hard to believe, and yet
there are the X-Ray truths of the
evidence. Unconsciously, there is bred
a sympathy for the man independent
of his crime, which may be similar in
every respect to that of frankly
vicious person for whom there is not
a sigh But the law, when it is once
started, is stern. And the only sort
of reform" that is worth it's declara-
ton is stern also.