The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1914-07-10

Mr.. Benham could not be expected
to prosecute unless those who had
I knowledge of the violation, furnished
him with evidence sufficient to convict.
In the management of the cases he
has filed to enforce the eight hour
| law, he has demonstrated his ability
to cope with the learned counsel for
| the corporations, and to present the
peoples cause in a most creditable
manner. The spectacle of a young
man like Mr.. Benham meeting the
older legal gladiators in the forensic
arena, and like Scott's Ivanhoe, in
the lists Of Ashby, vanquishing them
| in nearly every encounter, is enough
to cause pardonable pride in the
native Of st. Francois county when
we remember that our young prose.
cutor is product of the county
schools. In honoring one who like
Mr. Benham, looks at difficulties only
as things to be conquercd-who by
his own individual efforts elevates
himself-we are building up char
acter that becomes, as in the case of
Lincoln, an inspiration to the youth
of the land"
what record has Mr.. Benham made
as to criminal costs?"
Record unsurpassed and indeed
am told not equaled by any of his
predecessors in the past sixteen years.
This of course is the logical sequence
Of his care in avoiding useless prose-
cutions and Of his success with those
instituted. The natter of taxation
is a vital factor in American life--to
| lower taxation is to tighten the bur-
den imposed on the people, and when
we consider that criminal costs is one
Of the largest items in the States eX-
pcndtures, the work done oy Mr..
Benham, it seems to me, ought to be
appreciated by the taxpayers of the
! county,"
"Another remarkable feature of Mr..
Bcnham's record" Mr. Roop continu-
ed, "and one perhaps not thought
of by the average citizen, is the fact
that not q single one of his Informa-
tions or Indictments has been quashed
or found bad on demurrer. Every
| lawyer knows that TO draw an indict-
mcnt that will stand the criticism Of
technical lawyers is sometimes a'aif-
ficult thing to do-so often difficult
that even the most experienced law
yers often fail in the attempt. An
attack on the Indictment is usually
the opening gun fired by the defense,
but it seems our young prosecutor is
invulnerable on the pleadings.'
"What do you think Of the parole
law" the reporter asked.
"The parole law" Mr.. Roop re-
piled, sis one of the humane provis-
ions of our statutes. Recognizing
| that crimes may be committed under
circumstances which mitigate, and in
u measure, extenuate, the offense, our
statutes fix a maximum and mini
mum punishment-thus giving courts
and iuries the right to mete pun
ishment within legal limits, accord
ing to the peculiar circumstances of
the case. Under modern sociological
theories, one of the primary objects
of the criminal law, is the reformation
and restoration of the criminal to
society, and each of the rolling years
teaches US more clear conception
Of the maxim that, "to err is human
to forgive divine" We are learning
that it is not the severity but certain
ty of punishment that tends to repress
crime, and that in some case crimin-
ais can be better and more easily
won back to good citizenship by n
guarded leniency than by penal SER
vitude. Many violate the technicall-
ties Of the law unconsciously and
with no evil intentions--in many cases
to imprison a man would rob his wife
and children of their only means of
support thus inflicting severe punish
ment on the innocent. The parole
law was designed TO meet such condi-
tions as those indicated, and is clearly
in accordance with the spirit of the
age. If by recommending paroles in
cases where they were extenuating
| . Duxxl.,x, hoe haay,