President.
The law of recall applied to all officers of the Government elected by
the people. The salary of the Supreme Court Judges was fixed by law at
ten dollars per day and that of a Chief Justice of a district at five dollars
per day. That of the Prosecuting Attorney and Attorney for the Defense
at four dollars per day, and that of Justice and Jurors at three dollars per
day the year 'round.
No costs were charged to either complainant or defendant in any case,
either civil or criminal, but if a person brought complaint without just
and sufficient cause, the law provided that they should be examined by
the Court, and if found sane, they should be imprisoned for one year at
hard labor, and if insane, to be sent immediately to the Lunatic Asylum.
In every case the complainant was first warned by the Court of what
would happen if the charge proved to be unfounded.
I made inquiries among the people and was told that the law was a
great promoter of peace and good will.
CHAPTER II
DEPARTMENT OF JUSTICE.
During the following week I called on the Minister of Justice and
informed her of my desire to learn the workings of her Department. She
handed me a copy of the Penal Code, and I was astonished to find how
simple the course of procedure was compared with that of my own
country. Felonies ranked in the following order: Murder, Rape, Incest
and crimes against nature, Arson, Robbery, Assault to Murder,
Manslaughter, Mayhem, Bribery, Larceny and Perjury. The law held
one degree of murder and that was with malice aforethought, but where
a person killed a human being wantonly, without cause or malice, the
homicide was committed to the Lunatic Asylum, and, after one year's
imprisonment, deprived of the sexual organs, and if his or her conduct
endangered the peace or safety of the community, were to be
chloroformed.
The penalty for murder was imprisonment for life, subject to parole
after ten years. Rape fiends were sentenced to twenty-five years, and
after one year's imprisonment to be desexualizcd and subject to parole
after five years.
Persons found guilty of Incest and crimes against nature received the
same punishment as Rape fiends and subject to parole after five years.
The penalty for Arson was twenty years, subject to parole after four
years. For Robbery fifteen years and subject to parole after three years.
The same penalty for Assault to Murder and subject to parole after
three years. Manslaughter, Mayhem and Bribery were punished by
imprisonment for ten years and subject to parole after two years.
Larceny and Perjury were punished by five years' imprisonment, and
subject to parole after one year. Public officials who embezzled public
funds were committed for Perjury as well as Larceny, and were
debarred from ever holding office. The law provided that in the course
of the trial of any person charged with Felony, if the evidence showed
they had committed a felony, other than the one for which they were
being tried, then the Court could sentence them for the crime that the
evidence showed they had committed, even if there was not sufficient
evidence to convict them of the crime with which they were charged.
Any person found guilty was remanded to the custody of the Governor
of the district to await the decision of the Supreme Court. If they
appealed, and the appeal was not confirmed, they were sent to the
nearest State Prison, of which there are at the present time twenty-five.
No fines were imposed for any crime and no confiscation of property
for any cause.
A Magistrate was elected in every sub-district, according to population.
One for every ten thousand inhabitants, at a salary of three dollars per
day the year 'round, and who tried all persons charged with Felony, and
if proven guilty, committed them to the District Court-but a charge of
Felony could be made before the District Court, and if probable cause
was shown, the case came up for trial. The Magistrate was authorized
by law to release any person charged with a misdemeanor on probation,
or to sentence them from one month to twelve months' imprisonment at
hard labor within the district, and the prisoners were paid for their work
from five to twenty-five cents per day, according to their ability and
skill, and the money they earned was sent to their wives and children, if
they had any. If they were single, what they earned was paid to them at
the expiration of their sentence. No handcuffs, balls or chains or
Oregon Boots were permitted to be used, but if the person in custody
was violent, a jacket with straps at the waist to secure the hands at the
side was provided
Continue reading on your phone by scaning this QR Code
Tip: The current page has been bookmarked automatically. If you wish to continue reading later, just open the
Dertz Homepage, and click on the 'continue reading' link at the bottom of the page.