第 2 节
作者:
希望之舟 更新:2021-04-30 16:13 字数:9322
pages who delivered them to the Judges in alphabetical order。 Three
Judges; forming a committee; decided every case that came into their
hands on the same day。 There was no delay in Justice; and; if any Judge
misbehaved; the voters in his district could remove him under the same
law that applied to the 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
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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。
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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
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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 and no punishment was
inflicted for violation of the prison rules…but bread and water for three
days at any one time。 If a prisoner committed sodomy or other infamous
crime against nature; while in custody; he was castrated; and if he still
persisted in committing crimes against nature; he was chloroformed。 No
trial by jury was permitted in cases of misdemeanor…but an appeal to the
Governor was allowed by law and a copy of the evidence in the case was
sent to him and he had to decide according to the law and evidence within
thirty days and publish his reasons therefor in the District Newspaper。 By
permission of the Minister of Justice I was granted authority to visit the
State Prison; carrying with me a letter instructing every prison official to
assist me and to furnish me all the information within their power。 The
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prison was located in the center of a Military Preserve; consisting of
ninety…two thousand one hundred and sixty acres; all in a high state of
cultivation。 Railways traversed the reservation; but no trains but military
ones were permitted to stop within its limits。
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CHAPTER III。
A VISIT TO A STATE PRISON。
The Minister of Justice placed an automobile at my service; and when
I arrived at the boundary of the reservation; I was stopped by a military
officer。 I handed him my letter from the Minister of Justice; and; glancing
over it; he replied; 〃You are welcome;〃 and; taking a seat by my side; we
drove to the prison grounds; where I was introduced to the Superintendent;
and invited by him to be his guest during my stay。 I found the prisoners
garrisoned in company quarters。 One hundred and thirty…five privates; nine
corporals; three sergeants and one company clerk constituted a company;
with a captain in command of them holding the same rank and pay as a
captain in the army; and who was chosen from the non…commissioned
officers in the army for distinguished services。 The prisoners were
classified in twelve companies。 Four companies formed the first grade;
consisting of Companies A; B; C and D; four companies formed the
second grade; consisting of Companies E; F; G and H; and four companies
formed the third grade; consisting of Companies I ; K; L; and M。 The first
grade received fifteen cents per day and the third grade five cents per day;
and no pay was forfeited for violation of prison rules and regulations; but
prisoners received no pay during the time they were on bread and water。
Corporals received fifty p