Imperial Valley press., 1933-11-03
PENALTIES SET
IN LAND CASE
Continued From Page u

eligible alien, it cannot be SAID that
there is anything intrinsically
wrong in such action. It becomes
wrong merely by reason of the fact
that it is forbidden by statute.
The penalties prescribed in the
law to be imposed for violation of
any of its terms may appear harsh
and excessive, but having in mind
that the law itself is based upon
sound social and economic princi-
piles. we must assume that the PEN
altieS provided by the statute are
intended to serve as a warning. and
10 prevent the commission of the
acts forbidden.
Some years ago two or more
cases were prosecuted in the courts
Of this county under this same law,
in both of which cases verdict of
guilty was returned by the trial
jury. The learned judge who pre-
sided at these trials, in pronounc-
ing judgment tempered justice with
mercy. The offenses charged and
proven were dealt with as miSde-
meanorS. The harsh penalties pre-
Scribed in the law were not imposed
upon the defendants in those cases.
This action on the part of the
court at that time. and under con-
ditions then existing, was both Just
and merciful. 1t was to be as
sumed that owners of farm lands
and ineligible aliens would be suf-
ficiently warned, and would have
knowledge of the fact that the
terms and provisions of the alien
land law must be respected and
observed by residents of this coun-
ty. Unfortunately the contrary
has proven to be true: violations
of the alien land law on the part of
owners of farm lands and ineligi-
BILE aliens have become open and
and unless checked the
law itself might as well be stricken
from the statutes of the state.
Law Is Sound
This court is mindful of the
sound social and economic princi-
pies upon which the law is based.
as well as the result which appar-
entity follows from the failure of
the courts to visit the full penalty
of the law upon those who are ad-
judged to be guilty of its violation.
1t becomes the duty of the court
to give full effect to the law in
respect to its penalties so that it
may be clearly understood that it
will be unprofitable for the owner,
and unsafe for the ineligible alien,
hereafter to violate the terms of
the alien land law.
Nevertheless, while all the de-
PENDANTS before the court have
been found guilty as charged, and
are subject TO the same penalty. it
is not necessary to impose the
same sentence upon all of them.
The chief offenders are the owner
of the land in question and those
ineligible aliens who. contrary to
the known provisions of the law,
have persisted in the purpose and
intent to violate its terms.
The record, as viewed by the
court fails to disclose any decep-
ton on the part of the defendant
Johnson or that he acted through
corrupt motives. or otherwise vio-
lated the provisions of section 282
Of the code of civil procedure.
The oath required by section 278
of the code of civil procedure of
an attorney is that he will Faith
fully discharge the duties of an at
torney and counselor at law to the
best of his knowledge and ability -
Moral turpitude cannot be predi-
Gated upon errors in Judgment as
to the law entertained or expressed
by an attorney. where there is no
DECEPTION practiced. ,