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. Id. Gooding. b Kan. Hoch. с Juvenile probation Establishment of juvenile courts recommended. System of juvenile courts recommended. 10 Ja 05, p.8 d U. S. Roosevelt. "In the vital matter of taking care of children, Wash. Mead. ". . . I am of the opinion that the creation of 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 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. Cal. Pardee. 374 Probation a b . See also 371, Juvenile offenders 6 Ja 05, P.II Punishment by imprisonment brands Mich. Bliss. ". 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 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 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 a 468 471 a 472 a N. M. Otero. "The present law providing for banks to give bond. to the territory for public moneys received by them. should be changed so as to require all such bonds to be executed by a fidelity Torts See also index under Damages to property See also 1315, Railroads; 2125, Employers liability Mo. Folk. "A remedy should be provided for the negligent 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 |