The Barre daily times. (Barre, Vt.) 1897-1959, 1908-11-23
LIFE IMPRISONMENT
Considered in Connection With Lawyer
Patrick's Communication.

Should Lawyer Patrick Of New York
ever recover bis liberty and full eitl.
gen's rights he should be in great de,
mand among those in tight places, since
in the tactics Of defence he possesses
almost limitless resources. His latest
effort, however, has been fruitless. He
has tried 10 have the United States
supreme court pass on his contention
that a Communication Of his death sem
tenee 20 life imprisonment was not
clemency but the imposition Of heay-
Ter sentence. That tribunal declines 10
go into the question, which certainly
does seem outside the realm OF genu-
Inc Jurisprudence. It Is rather n ques'
tion 20 be settled by those most direct
" concerned and IL is probable that a
great majority OF those, il given a
choice Of alternatives, would choose life
even under confinement and restraint.
There are doubtless some. and pos
sibly Patrick is one Of them, VINO would
prefer The electric chair TO permanent
imprisonment. but in schemes for elem
ency the exceptions can hardly be con
sidered. The assumption is generally
sound that life is the last thing that
man desires TO surrender. Forms OF
punishment are tending toward greater
mildness, and especially toward the eli
mination Of those refncments OF cruelty
which were formerly praeticed as q
part Of the debt Of retribution which
society owed to the criminal. The
theory of punishment has passed
through many stages during the cen
turtles Of our era. At one time IL stood
for retaliation. an eye for an eye. Then
followed retribution and that IA still
the basis Of practice in many countries,
while in our own and some others the
better idea Of reformation has come to
the front.
Punishment by life imprisonment in
something that France has at present
under consideration as an addition TO
her penal code. She has been investi
eating two systems, the Belgian and the
Italian and is inclined TO adopt the for
nkr. perhaps with some notifications.
Ttis is fortunate for those who may
chance 10 fall under the laws displeas-
ure, because the Italian system has not
outgrown the retribution stage. II
proceeds on the principle that It is de-
sirable 10 make the life Of the criminal
as miserable as possible and Dante's
legend might well be inscribed upon the
portals of the bastiles in that country.
The prisoner is dead 20 the world. He
cannot receive letters or read books.
All ordinary creature comforts are de-
MED him II 1t Is known that he par
ticularly desires some simple favor,
that is conclusive reason for with
holding it from him.
The death penalty is not employed in
Belgium and the prospect that France
will take its extreme penal law as a
model probably points 20 the ultimate
abolition Of the guillotine. The sys.
tenn Of Belgium and Hollond proceed
en- the assumption that it Is necessary
10 educate and reform the criminal and
make a better man u him even If he
is not again to be permitted to mingle
with his fellows. They are somewhat
like those in force in this country. Pat
rick NAV be one Of the sensitive souls
that prefer death to loss Of liberty,
though he shows no other resemblance |
to Patrick Henry; but thus far he has
manifested no disposition to deprive |
himself of ife.--Boston Transcript.