Year: 1874

1t will take some time before the beau
ties of the Code" are all thoroughly
ventilated and understood, bnt in the
meanwhile each day develops sume hew
feature, which has the merit Of novelty,
if no other, to recommend it. One OF
these innovations comes in the form Of an
amendment to the penal code, which pro-
vides that any convicted person, against
whom previous conviction shall be
proven, shall be sentenced to fifteen years
imprisonment in the State Prison. This
amendment is now in force and has al
ready been the means Of condemning a
number to long terms Of imprisonment
for comparatively trivial otfenses, there
being no discretion allowed to the Judge
upon whom the duty of passing sentence
is imposed.


We doubt the wisdom of the mode of
procedure. Its tendency will be to fill
the State Prison with criminals, to whom
prison life will, after a while, become a
necessity. The condemned can have no
hope except in executive clemency, the
frequent use of which never fails to bring
down the disapnrnval of the unthinking
multitude. That crime must be punish
ed for the safety of community is fact
that will not be denied. And that severe
penalties will have a saluta1y effect in the
diminution of crime has its believers
among those to whom the practice of
criminal law is familiar. Yet. under the
new law, many cases OF more than com
mon hardship cannot fail to arise, where
by some, whose natural instincts are
good, will be converted into hardened
criminals.


A first conviction is generally for u
first offence against the law. For the
novice in crime does not lay his plans for
escape, or TO defy detection, with the
cool sagacity of a hardened criminal
With summary punishment of the first
offence comes a desire for reformation
with many Of these novices. Ciroum-
stances, however, often combine to ron
der this desire impossible. The San
Francisco Post, paper, by the way,
which is doing more for the elevation of
the lower classes in our chief city than
all the others com bined, relates a case in
point which illustrates the manner in
which this new law will operate badly
for those who desire to become good
members Of society: A young girl, an
inmate of one of the water-gir sa-
looms" committed theft, for which she
was properly punished. The penalty had
good effect, for when she was set at lib
erty. she sought and obtained respecta-
bic situation with family in the coun-
try. There she might have remained,
but the police required her presence as
witness against some of her former asso.
GATES. She begged not to be taken away,
but unavailngly, and while staying in
the city waiting the laws's delay, bad no
resource but to rgoin her old associa-
tons and one day. while under the in
1uenee of drink, stole n watch from one
of the visitors. For this, this girl, who
had reformation in her heart, must, if
convicted. suffer imprisonment for a term
Of years which will unfit her for any of
the higher duties of life and leave it only
a question of time when she shall be re-
turHed to her prison cell. There should
be some discretionary power left with
courts and judges, to meet cases of this
character. Undoubtedly y there are many,
too many, to whom mercy could not be
shown except at the expense of the com
munity. But if an occasional exercise of
judicial clemency will prevent the wreck
Of life and happiness would it not be we'll
to have it shown?