Los Angeles herald., 1909-06-08
CIVILIZATION
nENNsYLvAN1A has partially du-
plicated the action taken recently

INA-eNAN1'f
the Keystone state having passed bill
that leaves it to the discretion of the
jury on convictions for murder to say
that the punishment shall be imprison-
ment for life. The point however, 70
which we desire to call attention is that
this bill has been vetoed by Governor
Stuart, who gives as his reason: In
view Of the disregard of human life
which some elements of our population
continually exhibit / do not think that
our criminal law governing the punish
ment for murder in the first degree
should be relaxed" The governors $
course gives food for reflection.
1t may be admitted that there is
sense in clothing governors with the
Veto but this special power is de-
fenstble solely on the ground that it is
"a check on such hasty legislation as
popular assemblies occasionally indulge
in under the pressure of temporary ex-
citement. In such cases, and in such
cases only is the power intended to be
exercised.
Can it be contended that the Penn
sylvania legislature was stampeded
into novel and ill-considered action in
the case given? Surely not. 1t would
be difficult, indeed, to find a subject
that has been before the country more,
that has been more discussed and on
which action, when taken, has been
more deliberate than this very one of
the abolition of the death penalty. In
this, as in other countries, although
there has been steadily growing con-
viction among the thoughtful that we
should avenge less and bend ourselves
to reformation more, the actual steps
taken to put that philosophy into prac-
tice have been taken with much hesl-
tation and only after long debate.
When the FIVE states that have done
away with the death penalty came to
their determinations it was not on the
spur OF the moment or under popular
excitement, and the ten in which the
jury is clothed with the power that the
Pennsylvania legislature now wishes
to give to the juries of that state did
not reach their humane conclusion as
the result of ephemeral clamor. It
seems to us, therefore, that the exer-
else of the veto power under such cir
cumstanees is, in spirit at least, a
usurpation of power; the use of
weapon where it was not intended to
be used.
This particular question of allowing
the jury to substitute Imprisonment for
the death penalty was fully considered
by congress in 1885, and the committee
on the judiciary in January of that year
reported favorably on a bill to that
effect. A perusal of the report makes
pregnant reading, and the appendix,
signed by Gen. N. M. Curtis. the New
York representative, contains this sig
nificant sentence: "A comparison of the
criminal laws of foreign countries with
those of the United States shows that
we undoubtedly have the bloodiest code
in the world, and it is confidently stated
that we also have the greatest number
of homicidal crimes in proportion to
population" Is it possible that here
we have presented to us cause and
effect?
The committees report is a most ex-
haustive document, for it not only gives
a full list of the European and Ameri-
can countries that have abolished capi-
tai punishment, but list of Ais publi-
cations to which reference is made as
authorities An examination of this
list is most suggestive. No less than
391 of these authorities were found to
be in favor of doing away with the
death penalty, while only twenty-seven
pleaded for it's retention.
Among authors cited as in favor of
the abolition are those whose fame has
become worldwide. For example, in
this country we note the names of
Charles Sumner, the late Speaker
Thomas B. Reed, Wendell Phillips and
the poet Whittier. But it is in Europe
ously lined up against the imposition
of DEATH In the United Kingdom we
find Sir Samuel Romilly, Bulwer Lyt-
ton, Daniel OConnell. the great Irish
liberator; Lord Byron and others too
numerous to mention; in France Victor
Ilu6OB I4dilelA lillG cAlA OuiNCes SAAS H'D
torian; in Italy the famous criminolo-
gist Cesare Lombroso and host of
lesser lights. We have chosen almost
at haphazard, for the roll is an extra
ordinary one.
There is another curious feature. Of
the twenty-seven works given as argu-
ing for the retention of capital punish
ment twelve are either by clergymen orr
are published in clerical magazines.
And the work by Whittier that is re-
ferred to is entitled Lines on reading
pamphlets by clergymen against the
abolition of the gallows."
In the past the clergy seem to have
been unduly under the influence of the
Mosaic decree, IAN eye for an eye and
a tooth for a tooth" Happily there is
good reason to think that the modern
school lends itself more readily to the
teachings of Jesus, who when woman
accused of the offense punished by the,
Jews with stoning to death was brought
before him, set her free,
With all this weight of evidence
against him it appears to us that the
governor of Pennsylvania arrogated to
himself undue power when individually
he overrode the milder decision of the
peoples representatives.
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Rev. DR.. C. E. Stowe says his mother,
Harriet Beecher, made hardly any
money out of Uncle Toms Cabin; not
even enough to start a school for
neproes which had been one of her