Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1908-06-09
A SOUND VIEW
OF THE LAW.

A SOUND VIEW
OF THE LAW.
In the case OF Albert Ryan, prom
inent member and leader of the West
ern Federation of Miners in this ter
ritory. charged with asaulting man
named Frank Burns with a deadly
weapon at Jerome. Judge Sloan of the
district court gave to the defendant
the limit of punishment, one year in
the Yuma penitentiary. Ryan, after
he had been convicted by the jury,
was asked If he had anything TO say
why sentence should not be passed
upon him. To this question Ryan pro-
ceeded to denounee the court and the
jury as organizations under the con-
troll of the capitalistic class Ryan
poured forth perfect TRADE of anar-
chistic rawlings, showing his utter
contempt for the laws of the territory
and for those whose duty it was to
enforce the law. After Ryan had fin
ished Judge Sloan deferred the pass
ing of sentence on Ryan until the fol
lowing day when he sentenced him TO
serve one year in the peniteutiary.
In connection with this sentence
Judge SloaIr submitted the following
remarks:
I'VE must take the law as We find
it. Whenever a majority of the peo-
pie of this country decide to change
it, it may be changed In the mean
time it is the duty of all citizens to
obey it and the sworn duty of the Of
ficers of the law to enforce it
If all men respected the law, and
were always disposed to obey it, the
punitive features of the criminal law
might well be omitted. Since some
men in moments of weakness will for
get their obligation to keep the law,
and others will not at any time recog-
nize this obligation, the law wisely
calls to its aid the fear of punish
ment.
The purpose sought, therefore, in
furnishing violations of law, is to en-
force respect for its commands and
TO deter others from similar viola.
lions. There should be a distinction
made between acts made criminal by
law which are the result Of human
weakness merely and which are act
uated by stress of circumstances, and
those acts which are prompted by a
disregard for law and a contempt for
its obligations. The Law recognizes
this by leaving in most Instances a
wide margin for discretion in the i'm,
position of its sentence.
Applying this principle 70 the case
at bar: If the court could feel that
the defendant had not Bsantonly com
mitted an assault in this case. but
through the stress Of circumstances
had yielded TO impulse or sudden an
ger. inasmuch as no actual violence
was inflicted, the miIaef ALTERNATIVE
allowed the court of imposing fin'
merely y ~nld now be elected
Giving TO the defendant the bene
fit OF every doubt in this behalf. tbs
court had it in mind to pronounce
such a sentence when the case was
called or Saturday.
The attitude assumed by the de
PENDANT then. which can only be con
strued as one of contempt for the Law
and defiance for its administration
has made it imperative upon thu
court as the representative OF the Law
30 revise its judgment
TO impose the miider sentenc'
would probably be construed by tb'
defendant ana others CT like mind a
a confession of weakness. and there
fore the salutary effects of the sen
fence would be rendered nugatory.
when the law is respected Ienien
ey may well be shown. But where i
is challenged IN terms Of contempt, !
sterner sentence for it may be main
aimed by those who are disposed t
respect and obey It."