The Legal World
111
A committee of the Missouri Bar have by clinging to the so-called Association, consisting of Judge J. M. technicalities." Johnson, P. Taylor Bryan, and Judge Criminal Law John D. Lawson, has submitted a report making numerous recommendations re An example of antiquated and bar garding procedure. One is that the trial barous methods of punishment was judge should be given the authority afforded in Wilmington, Del., on March to comment upon the evidence after the 3, when Richard Wright, a white man, custom of federal judges. Another is convicted of several burglaries a few that appellate courts shall not reverse days before, was whipped with forty cases unless it is found that an actual lashes on the bare back at the New miscarriage of justice has resulted from Castle county workhouse. The victim error shown to have been committed was brave until the 30th lash descended. during the trial. Then he began to squirm. When the lash fell for the 40th time he was cry The Supreme Court of Missouri, whose ing. The whipping took place in the reactionary decisions invalidating indict open air, although the mercury stood at ments because the word "the" was 26 degrees, and a biting wind was blow omitted from the clause, "against the ing. Fred W. Jackson, William B. Enpeace and dignity of the state," have nis, Charles Walters and Andrew Tillexcited widespread denunciation, has man, all negroes, convicted of robberies, sought to justify itself by replying to were each given twenty lashes. such criticism in an opinion handed down by Judge A. M. Woodson in the The bill introduced in the New York recent gerrymander case. Judge Wood- Assembly, aiming to eliminate as much son says: "The same reasons which as possible the transmission of criminal would support arguments in favor of and mentally deficient tendencies from omitting the word 'the' from the indict parent to child, has become a law ment would equally support an argu through the signature of Governor Dix. ment justifying the omission therefrom In adopting such a law New York is of the entire clause 'against the peace following the example of New Jersey, and dignity of the state,' the difference Illinois and other states. The new law being one of degree and not of prin provides for the sterilization of certain ciple. Before leaving the question let classes of male criminals and defectives me state to my law-loving neighbors confined in state institutions and creates that, after spending the best part of my a Board of Examiners of Feeble-Minded, life on the bench, and after having read Criminals and . Other Defectives. If and observed quite extensively regard this board, after an examination, finds ing the forms and modes of administer that an inmate of the class affected by ing justice, the courts have done far the law would transmit to his offspring more harm and injustice by judicial a tendency to crime, insanity or feeble legislation — that is, by interpolating mindedness, or that his own mental or into statutes and constitutions words physical condition would be improved and phrases which the lawmakers never thereby, it is to appoint one of its mem placed therein, and by striking there bers to perform the necessary operation. from words and phrases that were placed The criminals who come within the there by the lawmakers — than they operation of the law are those who have
