Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-06-14
new CRIMINAL CODE
MANY CHANGES IN Criminal Law
NOW IN Effect.
New fsarrta0e Regulations Require
Clean biIl of Health. Ban Put on
Cigarettes. Screens In Saloons
r1uSt Come Down. All Betting Is
TabOOed.

All of the laws passed at the last
session of the legislature which did
not carry appropriations or. emer-
gency clauses became effective last
Thursday. Unnder the terms of the
constitution laws become effective 80
days after the adjournment of the
legislature unless otherwise provid-
ed for. Thursday two new codes
were in effect. They are the educa-
tional and the criminal codes.
Regulates Marriage
One law that took effect Thursday
regulates marriages and the issuance
OF marriage licenses. 1t is provid-
ed in the new law that no woman
under the age of 45 years, or man
of any age, except that he may mar
ry woman over the age of As years,
either of whom is a common drum
kard, habitual criminal, weak-mind-
ed person, afflicted with pulmonary
tuberculosis in it's advanced stages.
or venefeal disease, may marry any
other person within the state. Offic-
ers authorized to perform marriages
are prohibited from marrying such
persons. County auditors are requir-
ed to secure from applicants for mar
raige licenses affidavits from at least
on licensed physician showing that
the contracting persons are not vio-
lators of the new statute.
In addition to the first affidavit
the male contracting party must
show by affidavits that he is not af-
fiicted with venereal disease
Persons desiring to marry must sat-
isfy the county auditor that the wom-
an is over the age of IS years and
the man over the age of 21, unless
consent in writing of the parents or
guardian of persons under age and
desiring to marry is obtained. No
consent to marriage may be given
unless the female is over the age of
Is years. The affidavits presented
to the county auditor must have been
sworn to by at least one creditable
witness. False swearing to affidav-
its is declared to be perjury and is
punishable as such.
The question has arisen whether
or not a girl who has secured the
promise of marriage from a man who
fails to pass muster will have grounds
for damages in a breach of promise
suit. t
Insanity No Defense.
One of the important changes made
in the criminal law contained in the
new code is that relating to the de-
Tense in criminal trials. The new
code specifies that insanity shall no
longer be pleaded as defense in
felony cases. Section of the new
code follows:
"It shall be no defense to
a person vcharged with the COM
mission Of a crime. that at the
time Of its commission he was
unable, by reason of his in
sanity. idocy or imbecility, to COM
prehend the nature and quality of
the act committed, or to understand
that it was wrong; or that he was af-
ficted with a morbid propensity to
commit prohibited acts; nor shall
any testimony or other proof there
of be admitted in evidence"
This means that the jury empan-
eled in the case will not have author
ity to hear testimony as to the de-
fendant's sanity. Whenever, in the
judgment of the court trying the case
any person charged with the crime
Is insane, an idiot or an imbecile, he
may take counsel with one or more
experts to aid him in giving judg-
ment.
Grating Prohibited.
The new criminal code defines
grating as follows:
Every person who shall ask or
receive any compensation, gratuity
Dr. reward, or any promise thereof,
upon the representation that he can,
directly or indirectly, or in consid-
Grafton that he shall or shall attempt
to, directly or indirectly, influence
any public officer, whether executive
administrative, judicial or legislative,
Or refuse, neglect or defer the pre-
formance of any official duty, shall
be guilty of a gross misdemeanor."
Section sc Of the new code makes