Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-11-16


tanned puts a premium on theft
The Sale OF Habit Forming Drugs.
The present laws OF the State Of
Delaware provide that no person
other than licensed physician or
on the authority of a certificate of
such licensed physician shall sell to
or in any way furnish to any person
any OF the following drugs Morphine,
opium, cocaine, chloral-hydrate or any
Of their compounds
Since this law was passed q num-
Der OF habit-forming drugs have been
placed on the market other than the
ones above mentioned which are
equally bad, especially heroin and
other coal tar derivatives.
We, therefore. recommend that this
law be amended so as to cover the
unlawful sale Of all dangerous habit
forming drugs, and that the penalty
for such unlawful sale be increased to
not less than one thousand dollars or
more than two thousand dollars. or
not less than two years or more than
five years. or both. within the discre-
ton OF the court
The ReGuisitiOn of Criminals BY Other
States.
The grand jury also makes this rec
ommendation as to amending the law
relating 20 requisition papers for
prisoners arrested here and wanted in
other States:
4 We therefore recommend that the
law be so amended that il shall give
any prisoner arrested in this State. at
the request Of the authorities OF any
other State, the right to waive requi-
stion. after his rights to demand such
papers have been fully explained to
! him. and that he be required TO sign
form provided for that purpose. set
( ting forth the fact that his rights 10
require reQuisition papers have been
, fully explained to him and that it is
his or her desire TO waive all rights
and return for trial
The above mentioned papers to be
signed by the prisoner and three other
witnesses
pal Court.
At the present time the witness
| fees in the Municipal Court are only
fifty cents per day, which undoubted-
! " are very small and frequently are
hardship on witnesses who are poor,
and are compelled TO lose time to
attend court and In cases where the
defendant is held for the Court of
/ General Sessions, the clerk of the
| Municipal Court refuses to pay the
witnesses, telling them they will get
! their witness fees from the attOr-
| ney generals Office. Tor the time they
/ have been in the Municipal Court,
but when they apply to the attorney
general, he also refuses to pay them.
The clerk Of the Municipal Court
claims that the case being State
case, that he has no right TO pay
witness fees from City Court.
r We therefore recommend that the
law be changed TO read. that the wit
ness fees in the Municipal Court for
State witnesses shall be one dollar
per day instead of fifty cents. for each
day they are required to attend.
Also that the witness fees in the
City Court shall be one dollar per
day, for each day they are required
4 to attend, to be paid by the county
after the case has been disposed of
in the Court OF General Sessions; the
amount due each witness in the City
Court 20 be noted on the commit
ment or bail bond OF prisoner. by the
clerk of the Municipal Court. and to
be paid by the Clerk of the Peace.
We desire to approve the system
which has been inaugurated by the
Office of the attorney general during
the past year in examining witnesses
and drawing indictments previous TO
the converting of the grand jury This
greatly facilitates the work of the jury
and does not hold witnesses unnec-
essaTily.
We strongly recommend some
change in the court procedure that
will enable petty larceny and other
minor cases 70 be tried before a judge
at REASONABLY frequent intervals to
avoid the time and expense entailed
in the presentation of these cases to
the Grand Jury. and their trial in
the Court of General Sessions.
We recommend that proper facili-
ties be provided. and that prisoners
ard witnesses who have been detailed
in the workhouse awaiting the trial
( of a case. shall be required to present
/ themselves before the Grand Jury and
the court with considerably better at
tention to their personal appearance
than has been evidenced by the ma
iority of such witnesses as have ap-
peared before us.
Capital Punishment.
The legal taking of human life in
eXpiation of the crime of murder is
, nearly universal in civilized communi-
ties. ard is known as capital punish
ment. II punishment is to be dis
tinguished from revenge. it must be
inflicted as a corrective administered
solely TO act as a deterrent against
q repetition Of the offense for the
I good of all concerned.
Capital punishment is therefore a
/ misnOmer, as the accomplishment Of
the death penalty renders a repetition
of his crime by the individual impos-
sible There can be but two rea-
sons for the execution Of a criminal:
One, the removal Of a dangerous and
Objectionable member of society; the
other the deterrent effect os a penalty
in its example to others, and history
is not az all convincing in its testi-
mony to its effectiveness to that end.
II in capital punishment the State
is not IN anger seeking revenge, but
only the permanent removal of the
offender as a penalty and not punish
ment. then the process should inhict
the least mental and physical anguish
I possible and be conducted with a
minimum OF publicity and eNploita-
ton Of detail.
The not infrequent spectacle Of a
human being slowly strangling 10
death at the end of a rope, while the
physician with finger on pulse waits
- 100 i n.