Salt Lake Tribune | 1904-05-15 | Page 6 | Humanitarian Legislation

HUMANITARIAN LEGISLATION. In what for the want of a better term has been called "humanitarian legislation," legisla-tion," Germany leads tho world. This Is legislation to afford reparation to persons per-sons unjustly accused of crime, by payments pay-ments In the nature of damages from the public treasury. In noting some time ago tho case of a man at Springfield, Spring-field, Illinois, who had been unfairly and persistently prosecuted with no apparent ap-parent reason, and who asked that tho public reimburse him the expense of his defense, wo asked, "Why shouldn't the State pay?" It seems the only fair and logical thing that the Stato can do. Germany has already on her Imperial statute books a law (passed May 20, 1S9S,) which affords redress out of tho public treasury to those acquitted a second sec-ond time, when the charge Is found to have been without probable cause. It must be remembered that our rule that an accused cannot be put in Jeopardy the second time for the same offense, docs not prevail In Germany; on the contrary, if newly discovered facts point to his guilt, his former acquittal of the charge Is of no benefit to him; the trial Is on anew. But in. case the second prosecution Is shown to lack merit, and tho accused Is acquitted, he gets damages. dam-ages. It is now proposed to extent this principle prin-ciple to first trials. Hesse Darmstardt, one of the Independent states of the Empire, Em-pire, has Introduced Into the Reichstag a bill tho first paragraph of which reads: Persons acquitted In a prosecution, or discharged by an order of court, may demand de-mand compensation out of tho public treasury for the Imprisonment suffered If tho proceeding against them reaultod In proof of their Innocenco or demonstrated that no Just suspicion existed against them. Besides the persons Imprisoned, those who wore legally dependent upon them for support shall llkowlso bo entitled to such redress. That is meeting the case squarely, and justly. Malicious and unworthy prosecutions would be mightily discouraged discour-aged by such a law; while fair compensation compen-sation would bo afforded to thoso who were the victims of prejudice or stupidity. stupidi-ty. If one person unjustly assail another, an-other, tlie assailed may sue for and collect col-lect damages. If the State does what an Individual would be punished for doing, the State should also make recompense.