Show MR VARIAVS SLGGKSTIOhS Amendments Ho near ai Necessary Neces-sary to the Criminal Code The following Is the letter or Dis trict Attorney Varian t Governor Thomas and rcfcrrvd to in the lat tcr a message to the Legislature fa lftfGovernor In view of Uio aittingof the Legis silngor LLol luturcatanear dnyIlavedeemed byeleemc itadisaUetx > direct Jour attention t somo provisions of the penal coJe which it would tern require consideration con-sideration and perhaps amendment prhap nmentmcnt Tim pressure of jubllc sntl pro fessional duties hss prevcnled me from giving the matter the attention it deserve and I im therefore only I able t point out toinu specific plut Ele srdfe provisions pro-visions telnnc certain olTcnicaand providing penalties The references herein are made to Vol 2 Compiled Lam lSS S Cmple I Your attention is I directed firt to Uie crimes of robbery grand larry 1 my burglary counterfeiting and fjrgerj iagesoS362i I6 16n anl I and welkins H9 M4 4o22 4X7 JSSS I5S1 I I to be toted that the peualtcs for tlere oIlenMS nl the lie oloe > re I imprisonment the aura ie Iron one t ten years I in 1133 judgment 3 distinction shnuld lie made between therm I I oilen e Robbery is ilwnyts atten wl I j with memce or violence to fie menc Iolene tlC jwr j I I and burglary may iicluje this j I element The perpttratlon of either of these crimes indicates of uectiit > I i a physical courage and reekliss die l 1 regard of cou wmenees in theofleii j tier which makes him a very dangerous dan-gerous enenii to society he tkecntc j his deign prepared fmhl uetcr mined t wiHLtl or slay tim cltleeu tt occasion requires Therefore time penalties im > ot d for the conmnsion cf such crimes i should bu proportionate to their j I magnitude and as peveru as is con1 I 4tent uitli I huiuauih Certainly cn they should not be the saute ns those j for larceny which li not attended in Its execution With violence and I danger l human life I Counterfeiting and forrerj ztt J crimes of i ofgmeat mapntudellicfr sue cestful necdplishnu requires abilities of an unusual and high j order together with n skill acijuired only lii j ears of special tramlngaud i study flio rewards t the succv i ful criminal are propoelhelji great and the risk detection Correspond iuglj small The diflleulties i in the way of detection anti punishment I i I are E great that an inviting fee for I operation is i presented t those isv lug the rerimsite bkl address and I nerve I Forgery i Justly vIewed as 1 I crime of great magnltudr crD lgulult and the haw for its Bipnressou arm all very severe iii oil eivliized Stake The t rf I penalties roIded In this Territory amcinsufl1cien and the legUUtturu should remove it from time ellf larceiy Second Murder rage 379 Sec tion1W The Ian divides tins of j feus > tote degrees but in its im lO Hion orpualticA i iblr lge j at I 0 u HU OiUlt5t1l legislation on the subject PHem Thus Voluntary manslaughter puuishible by imprisonment for a term not exceeding five ynmrs mur der in the ccond degree for a term of not KTS tan lixcuor more than fifteen JCn nil murder In time first degree by death or imprisonment imprison-ment for Ie Iu my judgment tho tJilierence between Ole degrees of murder do not warrant such a dlirereuce in the lenaltles In the I ICntl II UIl progressive crimes f lrt felonious homicide Uie minimum penalty I for one should I begin with the maximum for the less oflen I I I That I to say minimum penalty i fur < murdr in the second degree should wiUiUicrnaxiniumpen I alty for voluntarymauslaughter I should life or extend nt least imprisonment for n long term of i I years The alarming ineruoseof class of crimes in our Terrhtory of I I late seems to require special itten 1 tion to ttl sul ect I think thp I jienapy for voluntary manslaughter and murder in the second degree is I I j 8le erc inadequate the penult for the lirfrt I I fciouM intend to ten lr nnJ tor i Uie second from tel to leI le-I The provislo of time statutes au j I Uionrlnc tin court ujou recommendation recom-mendation i of the 1 rt Impose I I iniprionmcnt tor lime In lieu of the death penalty in convictions of murder in the first degree is not In consistent l with there MiggisUous uggUom this provision Is only designed to operate in special cacs and ommiy In the discretion of Ole curt I also dlnt attention specially to I I time last inragrarli of snbdiisiou t section 4151 pago 5 0 This nuke homicide justifiable I I I when coninnttej in a sudIcn fret of paKn taoxd by an attempt to I I rape the wife daughter sister mother or other female relation or dependent or to defile the sonic or I I when time defilement has actually been committed Icluall TIm Incommsisteuey and ib IIlj1 I of these provisions ire apparent I I The law is general and unhcr xii that a man justified l In taking human life t Jirevent the commls I SiOii of any lelon including of course rape Any person relative I stranger would uotonh lie justified justi-fied in killing one who wasattemt inga rape but morally delinquent h f rJ lnf lt Jk fill to do H if the neec l of the case required f Vimy then add an element to the law of justifiable homicide which fchbuld not exist under this statute justify the liking of lifejthesLijcr inutsbow that he acted under aurf rice licatof hasslo in other words justify the plain performance of a duty he must frt work himself Into a rijc I Is prolall true that in the application of UIH law courts and juries woulJ diregard this limitation I itation but its plain Incongruity j I with criminal junfpudcnccandour j penal code demands its elimination ld Ut li efmlnUol1 from Pic set lk As to the last clause of this paragraph I para-graph 1 think the attention of the Legislature should be directed t the absolute license to commit nbolut Icen t murder mur-der herein given The Ian hereby says to any per l you many law iUlj kill nj man who hasdefiletl lot nijied I any of your female relatives or dcrendcnls This would n to intlude alj member of the fAmiy ntlc alulter and fornication in hiding seduction are not pun Klied by uy government so far a I am advised with deaUi here the privite citizen msyln isudden heat of passion as judge and jury try the supjoetl offender and coii > U tutehiniself the executioner to enforce en-force hi > own decree ThIs statute is monttrout ibsolutely wicked In its e idcnt disregard of the rIght of society and thesacredueis of human life Everywhere it is general coucedeJ that the defilement of the nearest of bloat relatives 1 < sufficient suffi-cient praiocation or cause to induce the tudJfii Itt uf i jxitain which the law in 1U tenderness for the ItS of human nature deems sulTicicut to reduce the offense to manslaughter jut if the law does nutjutlji in such case it excuses and extenuate iu prt lIT tins statute howe cr you will oberve a man may I liegek mad constitute himself the avenger of thu honor of any female relation or dellent no matter how far r moved I should be stricken from the statute book cs n dijrace to the civilization of the age Third raise Pre tenets paseG3 section 4577 PreteuCSr Thb oirensc is now punishable by imprisonment in the county jai not exceeding one year and bjlle To surreal in obtaining proprty by false pretences requires llrpi address and power of design not possessed by Ihe ordinary thief Iu my oplulontio penalty sliouldbe Inc In-c and pro portioned in cases of Certainly there larceny Cerllnly lher seems sm l h no good reason why the man who steals S50 in money orproperty should h sent t prison for ten years whIle ho who obtains rr bie obtin jei I laps tbousan of dollars bv means of fraudulent and faire pretences and misrepresentation is punished i only as a misdeucanant I suggest that this offense be divided l di-vided into felonies and misdemeanor misdemean-or dep ° uiiiu on the anibunt of iIucnbtilmJ I I ill ca f when tim ptup < rt obtained i rf the C C lime ttl s lee more make time crimes a felony and punish I it as rand I I larceny is new piiuUheii I 1 In all p > other cases Impose the jwnaUies now provided for petit larceny rl Trusting you will h able t give the foregoing suggestions your con Maeratiou I remain very respect fully Cimts 8 Tel rJt tl r S Attorney SAIT ItmrT Cm Jan oth iSis |