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 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.

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