The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-02
THE LAW NOT PERFECT.
Statute to Punish Kidnapping Still
Needs To Be Amended.

The South Carolina kidnapping
statute needs amending. In card to
the News and Courier. Hon. Mendel
L. Smith, of Camden, member of the
house from Kershaw, calls attention
to it's defects He says:
"Section 134 of the criminal code,
which provides as a punishment for
this offense fine Of not less than one
hundred ($100) dollars, or imprison-
ment in the penitentiary not exceed
ing one year, was amended by the
general assembly in 1902 This amen
datory enactment, which was approx
ed the 25th day of February, 1902,
; will be found in % Stat. at Large,
page 1,O96 (Acts Of 1902, and is as
| follows:
"fAny person who shall take or
convey, or cause to be taken or con-
veyed, away, any minor or person un-
der the age of 81 years, from the pos
session of the parent or guardian, or
procure and carry such minor with
out the limits of the State without the
consent Of such parent or guardian,
with intent to secure a reward for the
return Of such minor, shall, upon con-
viction thereof, be imprisoned in the
penitentiarv for the period Of his or
her natural life
"Although the above act is not as
clear in its terms as it should be, yet,
it might be construed to prohibit the
stealing and conceaing of child
within the State. It seems to me that
I your criticism in this regard Of Sec
ton 1874 is very we'll taken when you
say that under the provisions Of that
section, the stealing and hiding Of
child within the State is no crime
whatever It might be eontended,
not, however, without some difficulty
in construction. that The object Of the
act of 1902 was to make the mere TAX
ing or conveying, or causing same to
he done. Of any minor from the pos
session of the parent or guardian
without his or her consent an offense
independently Of the place to which
such minor might be taken, and, there
fore, applicable to the case of a steal
ing and concealment in the State, and
also to make in the subsequent clause,
which it will be observed is separated
from the former by comma, the pro-
curing and CARRYING Of such minor
without the limits Of the State a
separate offense. This construction
is open to the objection that if the
idea of the place Of concealment is
eliminated in the first clause and
though same is indeepndent, there
would seem to be no use whatever for
the insertion of the second clause, as
the first would apply to all cases.
"However this may be, I think the
legislation on the subject is some
what defective in another respect in
that it only prohibits kidnapping for
the purpose of ransom. Instances
have been recorded of children hav-
ing been stolen in consequence Of
fancy or admiration for them, or for
the purpose of securing their service,
especially where supposed to possess
peculiar qualifications for training in
certain lines of work Under the law
as it now stands a person stealing a
child with this motive could not be
punished. Again, it is not rare oc-
currence to find a child without a
parent or legal guardian. and if such
child were kidnapped for any pur-
pore. no punishment could be legally
inflicted upon the offender under eX-
listing law.'
Capt. w. W. Dixon, member Of the
house from Fairfield, states that the
statute referred to was introduced as
bill by Hon. John c.. Sheppard, then
senator from Edgefeld.