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 desexualized 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 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 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.