The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1906-01-04

ment of crimes" and adds: II sug-
gest as one remedy that you adopt
the practice followed in the federal
courts, and by most of the states in
their courts. and provide that in the
trial of any offense, the jury shall
merely pass upon guilt or innocence
of the defendant, and II found guilty
that the court shall fix the penalty.
subject, of course, to the limitations
prescribed by law. This would re-
duce at least half of the number of
| hung juries, for il is undoubtedly
true that the majority of the juries
which disagree do so upon the ques-
ton of the amount of the penalty to
be imposed. and not upon the ques-
tion of guilt or innocence. The judge
who hears the case impartially. who
knows the law. and who should be
| freer from bias or excitement than
any one, is the proper person to de-
termine the penalty" This would
also save large part of the cost of
prosecutions. by preventing hung
juries in cases the trials of which
have cost the commonwealth hun
dreds and sometimes thousands of
dollars.
He suggests in regard to the prac-
tice of carrying concealed weapons:
''In the matter of carrying concealed
deadly weapons, a misdemeanor, so
fruitful of felonies, | advise that you
amend the law in such way as to
increase the penalty beyond the reach
even of executive clemency, and |
shall show how ii may be done. 1t is
exceedingly hard for the governor in
these cases to refuse to pardon the
Imprisonment part of the penalty. As
the law now is, when the governor
grants a pardon for any part or all
of the penalty, the applicant has to
pay TO the state tax of 81 on the
pardon, which the governor cannot
remit. / advise that you increase
that tax to at least S10O, and when
you do so you can rest assured that
there will be wonderful reduction
in the number of pistols carried"
An unusual idea is that of having
all legal executions in the Frankfort
penitentiary, because the hanging of
a man lin the community where he
is tried produces a sensation, a nerv-
BUSINESS and excitement upon the part
of the people, and it has brutaliz-
ing effect upon the large numbers, in
spite of the law, who witness it,
He says further in regard to the
cost of criminal prosecutions: I'm
der the present system there is a
useless waste of money, and 1t is con
stantly increasing. The cost under
this head for the last fiscal year was
$685., 665.64, and / believe that it is
no exaggeration to say that at least
one-third of this money was simply
thrown away. In many localities of
the state there is an inexcusable reck-
lessness upon the part of some Off
cials in useless increasing this ex-
pense, and can see no reason what
ever why the general assembly
should longer refuse to correct such
an abuse"
Apparently good alternative Is
offeres in regard to the effort TO ere
ate new legislative districts and re-
lieve crowded court dockets. He says:
ut may be necessary in one or two
instances to create a new judicial
district. I suggest as one means to
greatly improve the condition and to !
prevent the docket of any court from
being overcrowded, and it is that
law be passed permitting in such in
stances the circuit judge to call |
special term of the court at any time |
and have special judge appointed to
hold it, even at such times when the !
regular judge is holding court in |
some other county of the district"
The governor. unfortunately does /
not seem to enthusiastically approve |
of the normal school idea. and he |
thus disposes of it.. "The question |
of establishing normal schools will |
be seriously pressed upon your at
tention, but to do so the money /
would have to come out of the school |
fund, for there are no other means
now available for such a purpose"
In regard to the railroads and life |
insurance companies, he says of the |
life insurance companies: There /
should be no disposition to unjustly /
injure these companies, or any leg
islation that would prevent their do
ing a legitimate and profitable bust
ness. A life insurance company.
honestly and successfully conducted,
is an advantage and blessing to many |
MI