davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1912-02-25
TElEPHoNING FROM FIRE LOOK
OUT ON HARVEY PEAK.
Guardian High Up in the Black
Hills Watches Thousands
Of Acres of Forest
for Outbreak Of
flames.

s.IfE latest word in the protection OF
forest from fires comes from the
Il Black Hills. where, by means oi
roo,ort on a high peak, who locates in
o,rIor, eres bv means OF a map aud tele-
,t,aras their exact location 10 various
ranger stations. hundreds OF thous"nuS u
acres Of fine timber lands are i"aue I'M
mune from the scourge tnat threatens "'e
nations lumber resources.
The national forests in the BACK lil's
have been the scene of many Disastrous
ores in recent years. The country Is
New-York tribune., 1912-02-25

It is expected that the 18th Regiment Of
Coast Artillery will perform duty for two
weeks at Fishers Island beginning August
next. and that the Sth and Sth Regiments
may be among those ordered to take part
in the Joint man0euvres. In this event the
two latter organizations will, it is expected
be ordered to duty in coast fortifcations in
the Eastern District Of New York The
present plans are only tentative.
New-York tribune., 1912-02-25
New York and New Jersey May Adopt Such a
Measure, and Statutory Provision for a
Public Defender to Represent In
dicted Persons Is Also Under
Consideration.

prisoned but those who have been tried
and acquitted of a crime. 1t Is pointed
out, in accordance with this idea, that
society does not give a man a square
deal merely by acquitting him. A de-
fendant is often imprisoned for months
before trial and, though acquitted, suffers
as much injustice as If he had been con-
victed Sometimes the preliminary deten-
tion constitutes as much or more penalty
than the law allows on conviction. Gn
Italy this fact seems to be recognized,
for several Camorrists, who had been
awaiting trial for several years. were re-
Gently discharged on the ground that they
had virtually served terms of imprison-
ment) Moreover. the innocent defendant
Is assessed the full cost of defending him
self. In murder cases this amounts to
$50. 900 or 100000. In many cases the
defendant and his family are absolutely
stripped and impoverished by legal ex-
penses. Society imprisons a man for
months or years, takes all his property,
acauits him of the crime charged-and
tells him he ought to be thankful to go
forth free man.
THE EUROPEAN SYSTEM.
Speaking of the European system of in
demnity for the innocent victim of public
prosecution, Maurice Parmelee, in his
principles of AnthropOlOgy and Sociology
in Their Relations TO Criminal Procedure"
says:
1T might be contended that individuals
ought 10 be willing to endure this hard
ship for the sake of society But the
hardship certainly is too great to demand
this sacrifice from those who are so un-
fortunate as to fall under suspicion Of
crime. and the practical results from IL
are frequently very disastrous \ feel
ing that he has been unjusuy treated re-
mains to rankle in the mind OF the victim
and the idea tends to become prevalent
that criminal Justice is not as just as 1t is
supposed to be. In order to counteract
the spread of this idea-which is, indeed
pretty well founded-every possible means
should be taken TO indemnify the innocent
victim Of public prosecution Such indem-
nifcation should be. in the first place, for
New-York tribune., 1912-02-25

Cavalry, will review the Second Battalion
Of the list Regiment next Tuesday night
and the Third Battalion OF the I'D Regt@l
ment next Wednesday night.
The Official report OF the inspector gem
eral on the recent inspection OF the 6sth
Regiment will be very pleasing to the
members Of that command, and General
Roe. in approving it, commends the distinct
progress shown. The military bearing and
general appearance Is rated as very good"
and the discipline from fair TO "excel-
lent" The care and condition of clothing
and equipment is rated from very good'
10 excellent" The several staf departs
merts are rated as very good" while the
condition Of the armory is rated as "exceL-
lent"
Colonel j. Frank supplee, 4th Regimenc
of Maryland, will review the 18th Regiment
on a night convenient 10 him some time
next month Commodore Robert p. For-
shaw win review the regiment next
wednesday night. and there viii be an exs
hibition Of artillery practice.
Plans are being perfected by veteran and
active members OF the 9th Regiment for
the celebration OF the ifdeth anniversary
of the muster in Of the organization In the
United States service In 1862. The event
will be celebrated in the srnory on the
night of Friday, March %, and will include
a review by the veterans. with Brigadier
General David f. Austen, retired, former
colonel of the regiment, as the guest OF
honor.
Major Clarence w. Smith, who was res
Gently retired from the Second Brigade
STAFF at his own request, has been brevetted
lieutenant colonel for meritorious service
Of over twenty-five years.
First Lieutenant Edgar II. Frothinghanss
OF Company l., Of the 23d Regiment. is
now acting captain. as Captain Frederick
w. Singleton has resigned. owing TO the
fact that his duties In the State Legislature
prevent his attending TO his military yaCk
New-York tribune., 1912-02-25
TWO NOTABLE PREcEDENTs.

TWO NOTABLE PREcEDENTs.
In 1856 the Grand Duke of Tuscany Peter
Leopold, had an indemnity system for
those who outside of all fault, as the re-
suit of unfortunate or fatal circumstances,
have been arrested, imprisoned and found
innocent" The penal code Of the Two
Sciies OF 1919 had a similar provision. 1t
is astonishing. observes Henri Prudhomme,
that such precedents have been forgotten
by lawyers.
The subject Of indemnity Is an interest
ing and important ONE said Judge Foster,
Of the Court OF General Sessions 10 the
Tribune writer. "The German law seems
well thought out 1t should appeal to
every ones sense of justice. 1t anticipates
most OF the objections which might be
urged against such a measure. We must
recognlze the especial injustice OF not rec
ompenslng prisoners who have served
long time in jail and have been found to
be innocent notable instance was the
PENNSYLVANIA man who was pardoncd after
spending many years In jail on wrongful
conviction for murder. Society certainly
owed him rccumpense. AssembiymaT Biau-
yelt's bll! providing for a public defender
is in line with the general idea Of in
demuitv. Its intent Is to lessen judicial
errors I'm the trial Of those financially un-
able to defend themselves"
Judge Swami expressed himself as inter-
csted I'm the German law on indemnity. and
raised the question whether It would be
possible I'm this country for Judge TO de-
eide the light Of an acquitted person TO rec
ompeusc. In Germany such authority might
well be lodged in a judge, but here the jury
system might demand another method Of
determination
AesEMBLYMAN BLAUVELT'S BILL.
Assemblyman Blauvelts bill for a public
defender provides that such an official shall
be elected for four-yea- term, and he
may be removed by the Governor IN the
same manner as q District Attorney. His
duty shall be To defend without charge and
20 represent generally an persons who
have been indicted by the grand jury who
arc without means TO employ counsel and
who desire his services. He shall have
power to employ deputies. assistants and
clerks subject 10 the approval Of the Board
New-York tribune., 1912-02-25

organized machinery OF the criminal law
al its command, il should not seek to DIS
arm him completely, thus accentuating the
power of money in the struggle for nd
erty between the state and its citizens.
ut is with sincere regret and reluctance
that | assert that save in rare instances
the modern prosecutor does not stand be-
tween the people and the accused. lie ana
his assistants too often measure the success
OF their labors by the number of convictions
that have secured 1t is false and brutal
conception of duty that is responsible Tor
grave injustice, but it is none the less true
that Il exists. Under its influence the
prosecutor becomes a partisan advocate
blind to the strength OF the defence, un-
willing 10 voluntarily expose the weakness
NJ the people's case. The people are as
deeply interested in proving the innocence
Of the accused where he Is unable 10 ue-
fend himself as 10 prove his guilt by III
means let us have a public defender IN the
interest Of fair play and common human
ity."
Speaking Of the public defence idea'
Maurice Parmelee says:
"Tf a defendant has the means to employ
counsel as able as that employed by the
prosecution, he is likely to obtain jusuce III
the trial. If. however, a defehdanI
is poor as many Of them are' ne Is uhaDie
70 secure counsel and the rest remains III
favor of society This system Is, therefore,
positiyely unjust for the poor defendant
II is true that a form Of official defence Is
rro,,idod but this is. as a rule, little better
New-York tribune., 1912-02-25

OF Estimate in New York and the boards
Of supervisors in other counties. His SAL
airy shall be sl5,OOO year. The public de-
fender, with the approval OF the presiding
justice Of the court, may employ counsel
TO assist him in a trial, OF which the rca-
sonable costs and expenses, certified to by
the presiding judge, shall be paid by the
county. The compensation Of the public
defender i'm counties Of less than 1,NO,OW
but more than 10000 inhabitants shall BE
fixed by the boards Of supervisors.
The public defender law proposed for
New Jersey is sponsored by Senator James
+. Fielder and Assemblyman Egan. 1t was
drawn up by Attorney John Warren, OF
Jersey City, after consultation with several
judges. It provides for the appointment by
the Governor Of public defenders, instead or
their election, to correspond with the meth
cd by which public prosecutors attain office
in that state The public defender is to be
appointed for a term of three years and
shall receive a maximum compensation OF
5000 a year, at the discretion Of the judges
Of the Court Of Common Pleas. Reasonable
expenses are allowed at the discretion or
the presiding Judge.
Samuel Gntermyer favored the public de-
fender idea in an address given before the
American Academy Of Political and social
Science at Philadelphia on April g. 1910
After speaking OF the inadequacy Of the
present system OF assigning counsel for the
defence Of poor persons, Mr.. Untermyer
New-York tribune., 1912-02-25
Would Provide Financial Indemnity for Those Wongy Imprisoned

is payable by the state treasury. In cases
involving the German Empire, as high trea-
son and the sale OF military documents.
the Imperial Chancellor takes the place Of
the Minister Of Justice and the imperial
treasury pays the indemnity. The law ap-
plies also to military tribunal cases, those
in consular jurisdiction and to foreigners
when there exists with their country a
treaty assuring reciprocity on this point
New-York tribune., 1912-02-25

Austria in 1892, in Belgium in 1894, in
France in 1895, in Germany in 1898 and
In 1oo4. and in many other countries"
rERRI ADVOCATES THE PLAN,
leading scientific exponent of the in
demnity system is Enrico Ferri, founder
of the positive school of criminology and
q n,cuhcr Of the Italian Chamber of Dcpu-
ties. Ferrl is a former pupil Of Lombroso.
The German indemnity law OF 1904, IS
described in the Revue Penitentare," re-
ouires that innocence must be established
bv procedure and that no grounded sus-
picion" rests against the acquitted person.
A Scotch verdict of mot proven" will not
entitlo the acquitted person TO indemnity.
The benefit of the law does not extend TO
those who are In Jail by design. by grave
negligence, or whose act, without being
punishable, Is gravely lacking in pTecepts
Of honesty or morality, or has been COM
rnitted i'm a state Of voluntary intoXication,
or has involved tho prcmeditation Of a
crime. There IS also no benefit 90 those
not enjoying civil rights those under po-
lice surveillance within the last two years
for exciting 10 debauch," vagabondage'
begging. prostitution, refusal 10 work or
absence from homo, or one Condemned to
prison within three years.
The indemnity Is due only for actual
losses which the accused has sustained
during his detention. The court after hay-
ing discharged prisoner as innocent on
acuuttal, or by throwing out the charge
must always determine. as part Of routine,
whether the prisoner is entitled TO indcm-
nifty. But the decision is not made public,
in order to avoid casting i'll suspicion on
the acquitted person in case tn" court de-
cldcs not to indemnify him. II the case
goes on appeal. the tribunal above decides
anew the question of indemnity. The In
terested person who wishes may present
his claim within ak months after the court
decision. and this claim goes before the
Minister Of Justice, who fixes ;h" amount
cf the indemnity The Interested person
may Within tnrnc months appeal from this
award to the civil courts. The indemnity
New-York tribune., 1912-02-25

The initiative and Referendum "hlch
were opposed bitterly by many OF the Old
line political leaders, promise 10 be used
for the first time I'm state affairs for secur-
ing a vote on an amendment to the state
constitution which will permit the annexa-
tion Of nearby cities to san Francisco.
New-York tribune., 1912-02-25
Brandt Case and Other Similar Ones Start Aglta-
ton for Installation Here OF Indemnity
System Which Has Long Been in
Force in Many European
Countries

the greatest significance for the develops
ment of a new system Of procedure based
on the data of the modern science OF crirn@
inology
Public defence in criminal trials would
make 1t much easier to abolish the press
ent vicious method of allowing the defends
ants TO plead guilty. This does not exist
in Continental procedures and has resultea
in a number Of grave abuses In Anglo
American procedure. Pleading guilty ID
permitted in order to expedite the business
of the court defendant In a criminat
trial is brought before the bar and asked
whether he wishes to plead guilty. Many
defendants, through ignorance of court pro-
cedure, or, IN the case OF immigrants, OF
the English language, are Incapable OF uns
derstanding this question. 1t frequently
happens that one Of these who is not rep<
resented by counsel will answer atfirma<
lively to this question. He will plead guilty.
without knowing it and frequently wtthout
intending to do so. This glaring miscars |
riage of justice can happen because the de~
fendant does not have adequate representa-
ton i'm court. IL a public defender had
charge Of the defence this could never hap~s
pen" Il
New-York tribune., 1912-02-25

By Telegraph to The Tribune
San Francisco. Feb. A.-In the process Of
cleaning up the city the Rolph administra-
tion has decided to cut down the number
of saloons from about 21O0 TO 1900. The re-
ducton is to be accomplished arbitrarily by
the police commissioners. who will refuse
TO renew licenses as they expire until the
total number Of saloons has been reduced
to the required figure. Under the Mccarthy
administration conditions on the Barbary
Coast and in some OF the downtown sec
tions OF the city had become unbearaole
Under system of police graft that exists
in all large cities the laws were ignored
and crimes became alarmingly frequent. In
an effort TO improve the police force OF the
city Commissioner Cook and one other
member Of the board will make tour OF
all the big cities of the country and STUDY
police methods.
New-York tribune., 1912-02-25

those who have been condemned ana VINO
may have already served part or the
whole of their sentences, but who on a
revision Of the process are found to be
innocent But it should be also for those
,vho are acquitted but who have suffered
loss Of time and money and mental an
e,,,isb as result of being prosecuted.
"Tbat such indemnifcation is perfectly
nracticable is indicated by the large num-
her of laws which have been passed pro-
v,dine TO a more or less extent for such
,ndemnifcation Such laws have been
passed I'm Portugal in 1884, in Swtz-
orland in 1885, in Denmark in 1888, in
Austria In 1892, in Belgium in 1894, in
France in 1895, in Germany in 1898 and
IN 1904, and in many other countries"
New-York tribune., 1912-02-25
NO DANCER OF ABUSES.

The state has its public prosecutor
Why not It's public defender TO care for
those who are unable to defend themselves?
II Is quite as much to the interest Of the
state to rescue the innocent as to punish
the guilty. There Is no danger Of the priv
ilege being abused Every man who can
afford to defend himself will exhaust every
resource TO select a champion Of his own
choice. The most helpless and unfortunate
OF all our citizens should not be forced TO
90 virtually undefonded.
Nowhere I'm our social fabric is the dis
crimiration between the rich and poor so
emphasized TO the average citizen as at the
bar of justice. Nowhere should IL be less
In an IDEAL state OF government the lines
would be made to disappear here Of all
places Money secures the ablest and most
aGroit counsel whose characters and repu-
tatlons arc powerful factors in their eli
cnt's Gauge. Evidence can be gathered from
every source and all the legitimate expedi-
Cnts Of the law avaIled Of. The poor man
must be content to forego all these ad-
yantdges. but surely the state should not
take an unfair advantage Of his helpless
rcss.
with experienced counsel and the entire
New-York tribune., 1912-02-25

Apparently the last chapter OF the eIS.
cases will be written as soon as the scnii,i1%
trial comes to a close. There are s'iIi
pending scores OF indictments asainS'
schmitz. Ruef and half dozen other per.
sons. The schmitz case represents the i1s'
gasp of the prosecution. ALREADY soi'o
thirty indictments against Ruef which were
pending in Judge Lawlors court nave pee.
wiped on the slate. but when the attelig' ,.D
was made to induce Judge Dunno 10 u ',,
miss eighty-nine others which are s,n'
hanging in his court he refused, uniess ."V 1
same action was taken in regard 10 aI'
other graft indictments. The District
torney's representative then mace a nv
ton that all the indictments be quasneu
The court took this motion under aovise,
ment and 1t is likely that the reaues.
he District Attorney will be sr1n@u'
New-York tribune., 1912-02-25
Items of News from the Pacific Slope

RueCs positive refusal 70 leSuiS
Schnitz as long as indictments are mans
ing over him was no surprise ana hau
much 10 do with the movement 10 wipe OUT
all the accusations
Tho announcement of Governor Johnson
80 tho transfer Of his allegiance from Sen
To Toilette to Colonel Roosevelt
caused no surprise here. 1t was openly
e,atnd in political circles more than
month ago that this announcement conla
- ovrected soon. 1t is said that back
NJ the statement issued by the Governor
Iics an interesting story. When Governor
Johnson left here for the East II was said
in well informed quarters that he had
dednite plans 20 join the Roosevelt forces
and sought 10 become the running mate OF
the former President. 1t was generally rec
ognized that La Toilette had been thrown
ovor II is more than doubtful. however,
70 tha Governor can carry with him the
mon who have pledged themselves TO La
FoI,ette The California Progressive Re-
publ,cans have proved very Independent in
the past.
As result OF the campaign against loan
sharks in this city active steps were taken
this week to wipe out the evil. After
conference. at which leading bankers OF
the city were present, committee was
named to organize loan association which
viii have the backing of inanciers and OF
city and municipal authorities Ample
capital has been pledged to make the
scheme a success The details Of organiza-
tion are left to the members Of the commit
tee. but An general the plan is to form as
sociatIons which will lend money to salaried
persons at reasonable interest, which will
drive the present money lenders out OF
business
The initiative and referendum, which
were opposed bitterly by many OF the old
New-York tribune., 1912-02-25
SUGGESTION OF Mr.. REYNOLDS.

4 novel suggestion Tor a puDHc pTosecur
tor in civil cases was made TO the writes
by Assistant District Attorney James Bel
Reynolds, chief of the complaint burea0l
i'm the District Attorneys Office.
We have many complaints" said Mrs.
REYNOLDS, which do not come within thas
scope Of the criminal law, but which, ney~
ertheless. involve injustice and demand
legal remedy. Ia a case Of this sort tell
the applicant to engage a lawyer and bring
a civil suit But the applicant does not
know any lawyer He is likely to fall
into the clutches Of a shyster attorney, /
who. at best will charge him % per cent OF
the amount collected. The only other re-'
course is the Legal Aid Society, and that
society is compelled 70 limit itself chiefly
to handling wage cases.
"If We had a public prosecutor In civil
cases. an official who would bring suit in
behalf OF poor people. it would be great
advantage. IL Is manifest that there would
have 10 be a financial limit TO the cases
undertaken by the public prosecutor that
Is. the damages asked would not exceed
certain amount, 50 that his services would
be reserved for the benefit OF the poorer
class. In case Of recovery. fee OF 20 per
cent might be deducted and turned into tho
public tleasury. This would be 80 per cenr
better than the charge Of the shyster.
"The prosecutor should be elected and
paid regular salary, and should have AM
adequate office staff. Such a system would
tend TO relieve the civil courts OF many
meretricious damage suits, while 1t would
pronote the successful and speedy issue or
inst claims The prosecutor would nave no
financial motive, as a private lawyer, 10
si,opce . moor cause or demand excessive ,
lgrraecs The presumption would arise and
deyelop that a case presented by the pubs
lie prosecutor had merit, and this would
result I'm many settlements out OF courr
ami the amendment OF the much-comI
planed-uf laws delays" Z
New-York tribune., 1912-02-25

Members of the eth Regiment will parade
in the armory tor annual inspection and
muster b. army and state officers next
Thursday night The lst Battalion. under
Major Mclean, will assemble at o'clock,
the 2d Battalion. under Major Landon, at
S:f5 O'Clock. and the Sd Battalion, under
Major Schuyler. at 9lj o'clock. The next
event Of Importance in the regiment VIII
be the review by Major General Charles
f. Roe. on Tuesday night March y. Regi-
mental athletic games will be held III the
armory on Saturday night, March ~.
Company f. has elected First Sergeant
Ieo f. Knust first lieutenant. vice Thomas
promoted captain Sergeant Herbert {.
Aldhous has been elected first sergeant.
and Lance Corporal Corydon Palmer SER
geant. In Company veteran and active
members residing In New Jersey will hold
a dinner i'm the armory of the Essex Troop.
near Newark on Saturday night, April 4.
Colonel Appleton and Captain Bryant, OF
the Essex Troop, will be among the guests.
The committee is w. A. Bryant, Company
II veterans, Captain w. S Coyell and c. S.
Busse, Of Company F.
The ID Company of the Signal Corps will
parade for annual muster tomorrow night
by army and state officers.
First Lieutenant c, w. Wilson jT, of
Troop I. 1st Regiment OF Cavalry, has been
appointed captain. A new troop 10 be
known as "M,' will be mustered into the
second squadron tomorrow night
New-York tribune., 1912-02-25

Colonel O, B. gridsman, ist Regiment of
New-York tribune., 1912-02-25

The postal savings bank in this city mas
proved a great success. Since SEPTEMBER
II, when deposits were hrst accepted there
has been deposited in the local postal oahA
Als,46s 43 by 4.7oS depositors. OF this sum
n@,S7O had been withdrawn up TO Feoruary
/ this year. leaving $311,0SS 43 in the ols-
bursing account. This money is owned o'
5S0 denositors
New-York tribune., 1912-02-25
THE NEXT AND FINAL STEP.

TT is evident that in order to remove
these evils It is necessary TO take the next
step which Is also the final one in this
historical development which has been
hrircing the efficiency Of the defence up
toward that Of the prosecution. Inc heHI
step is to provide public defence LOT a.,
criminal cases by establishing system
OF public defence corresponding TO thdt o.
public prosecution. and with equal powers
and privileges This IL probably the most
important and most necessary reform III
the present system of procedure and is OF