Evening star., 1933-08-01
Compounding Felony by Ransom

In a message to the Legislature, now
in extraordinary session, Gov. Lehman
of New York recommends enactment
of laws to combat the evil Of kidnap-
ing. now so prevalent in all parts of
the country, and lately in that State
In a case involving persons of promi-
nence. He takes advanced ground.
saying
We have declared war against kid
napers. In this warfare, as in any
other, We cannot afford to consider
the feeling or interest of an individual
when it conflicts with the safety and
welfare of the people as a whole.
On that basis. the Governor urges
that the legislation enacted include a
provision making it felony to agree
to or to pay ransom or to negotiate
or participate in negotiations for such
payment. or to refuse to divulge to
the properly constituted authorities any
Information concerning the crime or the
whereabouts Of the kidnaper or the
hostage. or wilfully to give false in
formation relative to the case.
In short. it is the purpose Of the
Governor of New York to secure law
which will prevent, through definition
of negotiations for release as COM
pounding of a felony, attempts Of the
family of the stolen person to secure
release through ransom. The theory
lis that if ransom is forbidden by law
the stealing of person will not promise
financial success. The Governor recog-
nizes that it may be difficult to secure
convictions under such laws, but he
nevertheless feels that the State should
not permit, by the absence Of such
enactments, dealings which are IN
themselves conducive to repetitions Of
kidnapping efforts. He says:
Unfortunately, during the last two
years a psychology has grown up to
the effect that the right and proper way
for relatives or friends to handle kid
naping cases is to deal with the GRIM
tnals direct or through personal inter-
mediaries rather than promptly to in
woke the machinery of the law. This
point of view must be broken down.
The State must frown upon it and use
Its power to destroy 1t.
Unquestionably, in a strict sense, pri-
Eate negotiation for release is a COM
bounding Of the felony Of kidnapping.
Whether its prohibition, under penalty,
would check all dealings for release IS
b question. Theoretically it would seem
TO be an effective way Of making kid
naping not worth while. Actually 1t
might lead to the concealment Of all
facts, with the police and the courts
aware of the commission Of the crime
bnly after release has been effected
and the chance Of discovery Of the
criminals has passed. Yet in truth
such is now in many instances the
case, with negotiations for ransom we'll
under way or even consummated when
The public authorities are notified that
the crime has been committed
Accompanying this recommendation
hnother is made to the effect that the
penalty for kidnapping where the host
age has not been returned alive prior
10 the commencement Of the trial shall
be either death or imprisonment from
twenty years to life. with death penalty
omitted in case of such return. The
purpose of this alternative is to permit
the imposition of varying degrees OF
penalty upon members Of the kidnapping
gang in case of murder, in which Ger
tain of the accused may have been
directly implicated, on the assumption
that juries might not wish to impose
Ehe extreme punishment upon all.
These recommendations are evidence
pf a determination on the part of the
Executive of the most populous State to
10 to the limit of law making in the
prosecution of this war upon one of the
Greatest evils which has ever beset the
country.