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370-72

d

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1905

W. Va. White. "..

The indeterminate sentence law has not been taken advantage of as yet by the judges of our courts as much as it should be. The suggestion that the judges should be required to visit this institution at least once a year, and their expenses in so doing to be provided for, is a wise one, as the new laws require the judges to assist the state officers in passing upon questions involving the parole of prisoners, and they should become acquainted with the workings of the institution and the value of the indeterminate sentence in the work of reformation." II Ja 05, P.43

371 Juvenile offenders

See also 346, Reform schools; 374. Probation; 2172, Children a Ill. Yates, 4 Ja 05, P.39.

371(3 Juvenile courts.

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Id. Gooding.

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Kan. Hoch.

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Juvenile probation

Establishment of juvenile courts recommended.
5 Ja 05, p.10-11

System of juvenile courts recommended.

10 Ja 05, p.8
Or. Chamberlain. "In at least 13 states laws have been enacted
having for their object the care, control and protection of dependent,
neglected and delinquent children. . . Colorado has gone farther
than any other state in carrying out the principle of the probation
system. . I suggest it as a model from which to frame a law
suitable to conditions that exist here.
II Ja 05, p.36

d U. S. Roosevelt. "In the vital matter of taking care of children,
much advantage could be gained by a careful study of what has been
accomplished in such states as Illinois and Colorado by the juvenile
courts... By profiting by the experiences of the different states
and cities in these matters, it would be easy to provide a good code
for the District of Columbia.”
6 D 04, p.11-12

Wash. Mead. ". . . I am of the opinion that the creation of
[juvenile] courts in cities of the first class in the state would be bene-
ficial.
11 Ja 05, p.24
372 Parole

a

Mich. Bliss. "That excellent results have been secured under the parole law, whereby the convict is released with a friend to look after his welfare, is borne out by the statement that less than one in 10 have been returned for violation of the parole rules."

5 Ja 05, p.13 b N. C. Glenn. "The Constitution of North Carolina recognizes conditional pardon, but to this day no legislation has been adopted to give it effect. It seems to me to abound in wisdom, and should commend itself to the thoughtful consideration of the Legislature." II Ja 05, p.16

с

Or. Chamberlain. ". The Governor should be permitted, on the recommendation of the Superintendent and Warden of the prison, to parole a prisoner for good conduct, and when in their opinion reformation appears to be complete. II Ja 05, p.37

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CRIMINAL LAW

CORRECTIONS

372-74(5

d

Tenn. Frazier. "Some system of paroles should be provided.

373 Pardons

a

b

C

3 Ja 05, p.17

Ill. Yates, 4 Ja 05, P.41-42. N. C. Glenn, 11 Ja 05, p.16. S. D.
Elrod, 3 Ja 05, p.6. Tex. Lanham, 12 Ja 05, p.21-22. U. Cutler,
10 Ja 05, p.21.
W. Va. White, 11 Ja 05, p.43-44.

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Cal. Pardee.
I have assumed that a conditional com-
mutation, which will be a restraint upon future conduct, is better
than a commutation which is unconditional, and, with this in mind,
I have inserted in such documents a provision that if the person be
subsequently convicted of felony, he must serve out the unexpired
portion of his former term of imprisonment, as well as his new one."
2 Ja 05, p.38
Col. Peabody. ".
Because the Pardon Board is merely
advisory, however, it would appear that it is not a necessity, and I
renew my recommendation of two years since, that it should be
abolished. The work necessary for compiling data and summarizing
cases requiring executive consideration should devolve upon the
secretary of the Board of Charities and Correction, for which addi-
tional service reasonable compensation should be provided."

374 Probation

a

b

.

See also 371, Juvenile offenders
Mass. Douglas. “.

6 Ja 05, P.II

Punishment by imprisonment brands
the offender with indelible disgrace and discourages him from re-
deeming his reputation. . . It seems to me that first offenses and
offenses committed by women or the young should, by an established
system, be treated as objects of diligent investigation and of indulgent
treatment, to the end that the offenders may be rescued from the
hopeless lot of criminals. . . I believe that unfortunates, the
hungry, the unemployed and the intoxicated should not be taken to a
cell when a door of charity is open to them and improvements may
be hoped for without punishment. . . There should be diligent
inquiry whether or not there are inducements to officers of the law
in the fee system of our commonwealth to bring persons to the courts
who might be taken to their homes or to charitable hands, without
injury to the community. . . I would suggest also an inherent
evil in the requirement of the law that those guilty of minor offenses
should stand committed when unable to pay a fine. . . It seems
possible to devise a system by which such minor offenders may be
allowed a period of probation in which they may earn the amount of
the fine and thus be spared imprisonment."
5 Ja 05, p.32-34

Mich. Bliss. ".
In case of the probationer, where in the
judgment of the court he has demonstrated that he will lead a good
life, provision should be made to terminate the probation by dis-
charge."
5 Ja 05, p.13

374(5 Whipping.

Pillory

a

Or. Chamberlain.

Criminal statutes will not reach the

brute who strikes and beats a defenseless woman, the mother of his

374-426

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1905

b

375

377

379

392

children.

For such inhuman creatures the public whipping post has been proven to be the most effective punishment, and I recommend such a law for your consideration." II Ja 05, p.39 U. S. Roosevelt. "There are certain offenders, whose criminality takes the shape of brutality and cruelty towards the weak, who need a special type of punishment. The wife beater, for example, is inadequately punished by imprisonment; for imprisonment may often mean nothing to him, while it may cause hunger and want to the wife and children who have been the victims of his brutality. Probably some form of corporal punishment would be the most adequate way of meeting this kind of crime."

CIVIL LAW

Civil Code and Code of Civil Procedure

Property

Real property
Conveyance

See also 835, Tax on deeds

6 D 04, p.13

396

a

405

Wis. La Follette.

Record

"A simplification of our system of transferring land titles would seem to be desirable. The states of Illinois, Massachusetts, California, Minnesota, Washington, and Colorado and many European countries have adopted the Torrens system of land registration, which seems to afford a simple, speedy and safe method of transfers. . . The subject is very important, and action should be taken only after careful investigation of the matter and any legislation changing our present system should be framed with the greatest care." 12 Ja 05, p.94-95

Liens and mortgages

a Del. Hunn. Message to special session of Legislature called to consider amendment to an act limiting judgment liens on real estate in Kent and Sussex counties.

426

a

Administration of estates

See also 836, Inheritance tax; 1698, Trust companies

29 D 04

Wash. Mead. ". . I recommend a revision of the entire procedure so that the law governing the administration of estates will reduce the expense of settlement of the estate, and lessen the time for the distribution of the property to the beneficiaries. Superior judges, sitting in probate cases, should have jurisdiction to settle and adjudicate all matters connected in any way with the estate."

11 Ja 05, p.25

453

459

a

463

CIVIL LAW TORTS

Contracts and Other Obligations

See also 787, Contracts and supplies (public); 835, Tax on deeds and contracts

Sale of merchandise

W. Va. White. ". . I call the attention of the Legislature
to the advisability of passing laws regulating the sale of stocks of
goods in bulk.
II Ja 05, p.77

Interest. Usury

a S. D. Elrod. "The time has come when the rate of interest by contract should be lowered from 12%. It is a shame that any citizen can be required to pay such a rate. It is not fair to the borrower, neither is it consistent with sound banking principles."

467

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468

471

a

472

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N. M. Otero. "The present law providing for banks to give bond. to the territory for public moneys received by them. should

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be changed so as to require all such bonds to be executed by a fidelity
or a surety company.
and I earnestly recommend that you
enact a law to this effect, and also providing that all official bonds
now required by law be executed in the same manner, and that no
personal sureties be received. For many years the territory has been
put to great delay and expense in bringing suits upon such bonds,
which are invariably contested with great bitterness and result very
unsatisfactorily, and I believe that the records will show that not
10% of the amounts for which suit was brought have been recovered
by the territory.
16 Ja 05, p.7

Torts

See also index under Damages to property
Personal injury

See also 1315, Railroads; 2125, Employers liability

Mo. Folk. "A remedy should be provided for the negligent
deaths of adult unmarried persons by giving the father or mother the
right to sue. Under the present law there is no remedy in such
instances. Strange to say, if a railroad, for instance, injures one over
21 years of age unmarried the damages are unlimited, but if, instead
of injuring, the railroad kills, no damages can be recovered at all.
It often happens that an adult, while having no wife or husband,
may have a dependent mother or father, and they, at least, should
have a right of action in such instances.
9 Ja 05, p.15

Libel. Slander

N. M. Otero. "There has been some demand, even on part of the press, for a statute defining libel and providing for its punishment.

453-72

472-76

474

476

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1905

If such a statute is passed, care should be taken that its interpretation does not stifle honest criticism by the press, of public officials and public affairs. The liberty of the press must in no way be circumscribed, and in case a publication is honestly misled into a libelous utterance, a retraction should be considered sufficient atonement in addition to the payment of such actual damages as may have resulted, or are provided for by the common law. . 16 Ja 05, p.28-29 b Pa. Pennypacker. "At the last session of the General Assembly, an act was passed requiring newspapers to exercise reasonable care with respect to what they published, and further requiring them to print upon the editorial page the names of those responsible for the publication. . . the act has resulted in a marked improvement in the amenities of journalism in so far as they concern persons in private life. . . Further legislation is required for the protection of the commonwealth from the injury to her reputation and the disadvantage to the administration of her affairs which arise from the prevalent dissemination of scandalous inventions concerning her officials and their efforts in her behalf. . . Notwithstanding our constitutional provision concerning freedom of speech, in the case of Commonwealth vs Mohn, 2 P. F. Smith, p. 243, it was held that the law of common scolds is retained in Pennsylvania, though the punishment is by fine and imprisonment. To punish an old woman, whose scandalous outcries are confined to the precincts of one alley, and to overlook the ululations which are daily dinned into the ears of an unwilling but helpless public by such journals, as have been described, is unjust to both her and them. I suggest the application of this legal principle to the habitual publication of scandalous untruths. Let the persons harmed or annoyed present a petition to the Attorney General setting forth the facts and if, in his judgment, they show a case of habitual falsehood, defamation and scandal so as to constitute a public nuisance, let him file a bill in the Court of Common Pleas having jurisdiction, asking for an abatement of the nuisance, and let the court have authority, upon sufficient proof, to make such abatement by suppression of the journal so offending, in whole or in part, as may be necessary. Since this adaptation of existing law is only to be applied to the elimination of habitual falsehood in public expression, it will probably meet with no objection from reputable newspapers. Since both the Attorney General and the courts would have to concur, the rights of legitimate journalism are sufficiently protected and it is only in an extreme case that the law could be invoked. . ." 3 Ja 05, p.15-18

a

Family

Marriage

See also 264, Crimes against public morals and the family

Ind. Durbin. "There is a point beyond which the prevention of either marriage or of its dissolution is promotive of immorality rather

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