South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-01-21
THE SENATE ANTI-CAPITSL PUN.
TSHMENT VOTE.

The Indiana senate has at last ac-
quilted itself like men-sit least twcn-
ty-seven OF its members have.-on the
subject OF capital punishment. Sen.
Chester A. McCormick's bill making
life imprisonment the method of re-
formation of the most serious crimi-
mails in the state has passed the upper
house OF the assembly and only
awaits the action Of the lower house
as TO whether or not il shall become
law. On several previous occasions,
measures Of this kind have originated
in the house and been killed in the
senate. 1t remains 10 be seen wheth-
or the fate Of the movement on this
occasion is TO be reversed.
The vote in the senate reflects pc
culiarly upon the men who supported
the law. and those who opposed it.
Especially among those who spoke in
opposition to the abolition of capital
punishment, il is notable that all of
them were lawyers and an apparent
excuse for their disposition in tae
matter is not hard TO find South
Bend has heard it i'm its chambers of
justice more than once, and quite re-
cently-the appeals of eloquent coun-
sci for the defcuse, literally charging
the jury win murder should they
send "the accused to the electric
chair"
And he result has been, possibly
otherwise also justified, but certainly,
mot guilty" Criminal lawyers every
where want provision for capital
punishment on the statute books, be-
cause they know public sentiment is
against 1t, and that accordingly it
makes it more difficult 10 get a jury
TO convict. The lineup in the senate
oratoriaI contest was significant of
this. and we understand that a very
similar one is promised from the 9TH
er side of the state house The ques-
ton is. is Indiana's criminal code TO
be preserved in the interests of the
lawyers. or be advanced in the inter
ests of civilization?
They cite hideous crimes committed
In Indiana and tell us mob law would
result without the death penalty pro-
vided for. Well, these crimes were
committed with the death penalty
provided for, and understand, if you
will but reflect, that practically all the
lvnchings that have taken place in
this country. have been in states
where they have the death penalty,
and frequently because of public dis
trust OF the courts and juries that
have set so many murderers-or be-
Heved murderers-free, rather than
put them TO death, while the life pen
atty would have brought conviction.
Supporters Of the death penalty
were long on their condemnation of
what they called ''anti-capital punish
ment sentiment" as we read their ar
guments in the press. But sentiment
is what has kept this world from GO
ing to the dogs. and among other
things. while in its cruder form, sub
stituted electricity for the hangman
the hangman for the guilotine and
the guilotine for the stake, ct cetera.
How many lynchings have YOU ever
read about. in Michigan, Wisconsin,
or Rhode Island. pioneers in life i'm
prisonment for their homicides? Talk
about sentiment. They convict the
criminals in those states and pardons
for murderers are exceedingly rare. 1t
is an exercise of sober judgment. that
makes life Imprisonment a success.
and sentiment tinctured with sobriety.
as compared with sentiment tinctured
with revenge. is we believe. always the
preferable.
If the Indiana legislature were TO
pass law abolishing capital punish
ment make the necessary appropria-
tions for state expenses. anu go home
doing nothing else. it would still be
well worth while. IT is not more laws
that we need, but laws i'm accord with
a sane public sentiment that can be
enforced When lawyers IN a legisla-
ture get up and talk vehemently about
the enforcement OF stringent laws as
a means of frightening mankind into
respectabihty. they know right well
that unless public sentiment-disin-
terested public sentiment-they are
merely piling up fees for their profes-
sion and more contempt for the courts
through miscarriages OF justice.
II is 60 be hoped that the lower
house of the legislature will measure
up 20 the upper house and put Indi-
ana on the map as people of sober
sentiment, rather than as AN aggrega-
ton OF revengeful ghouls.