Their Penalties.

259

SEVERAL STATES AS AMENDED BY SUBSEQUENT LEGISLATION.

elements as that of arson, namely the building entered, whether a dwelling or other building, and whether the offence was committed by day or night.

Robbery may be generally defined as the theft of property from the person or immediate presence of the victim, accomplished by force or fear. Where degrees of robbery are recognized, the distinction is generally determined by whether the thief be armed or unarmed, though some States also distinguish the second from the first degree, where the theft is accomplished by means of threats of future rather than immediate injury.

Grand Larceny is simple theft, of property above a fixed value, generally $25 to $50-most States also classify as grand larceny theft of property from the person of the victim irrespective of value, though of course, accomplished without the force or fear which constitute the crime of robbery. Assault with intent to kill, bigamy, forgery, perjury and rape, are not subdivided into degrees In the subjoined table.

Where crimes are divided into several degrees it is generally within the province of the jury in convicting, to fix the degree of the crime, and in almost every case in which a crime is punishable by death or imprisonment, it is the province of the jury to determine the punishment, except upon a plea of guilty, when the duty devolves upon the court.

Where the classification of a crime in a particular State does not approximately agree with the definitions given above, note is made of the fact.

The District of Columbia has no distinct penal code, but in general the provisions given in the table for Alaska would apply.

NOTE In the table below, after the figures given, "years" is understood, unless otherwise stated. Where two figures are given, separated by a dash, as 1-7, the provision should be understood as "not less than one year nor more than seven," where a sum of money is given in the table the provision should be understood as meaning a fine of not exceeding the sum mentioned.

(a) Alabama-Perjury on trial of a felony (3-20 years). (b) Alaska-(rape of daughter, sister or female under 12 years) life imprisonment. (c) Alaska-(perjury in trial of capital offence 2-20 years). (d) Connecticut-The punishment of larceny of over $2,000 is not more than 20 years; the figure given in the table is larceny of over $50 and below $2,000 in value. (e) In Delaware, besides imprisonment and graduated fines, the pillory or whipping or both are prescribed for most of the offences scheduled. (f) In Florida the punishment for a lesser degree of arson is not over 10 years and for a lesser degree of burglary not over 5 years. (g) In Georgia various grades of larceny are recognized, for theft of horses, cattle, etc. (h) Also fine not over twice value of property destroyed or stolen. (1) Assault with intent to rape punishable by not over 20 years, lesser assault by not over 5 years. (1) Iowa recognizes two lesser degrees of arson punishable respectively by not over 20 years and not over 15 years, according to the definition given above. (k) In Iowa perjury on trial of capital offence is punishable by not less than 10 years-up to life.

(1) In Kansas lesser

EXPLANATORY NOTES-Continued. See following page also. degrees of robbery are punishable (5-10) and (not over 5). (m) Two lesser degrees of arson are recognized in Kansas. (n) Theft of horses or cattle punishable by not over 7 years. (0) KansasPerjury on trial of capital offence or felony (not less than 7). (p) In Louisiana lesser degree arson punishable (7-20). (aq) In Louisiana lesser degree of burglary punishable (not over 10). (r) In Maine a lesser degree of arson is punishable (1-10). (s) In Maine a lesser degree of burglary is punishable (not over 5). (t) In Malne perjury on trial of crime punishable by life imprisonment is punishable (not less than 10). (u) And restoration of property stolen or its value. (v) In Massachusetts 3 lesser degrees of robbery are punishable respectively (not over 20) (any term of years) (not over 10). (w) In Massachusetts perjury in trial of capital offence is punishable by life im prisonment or any term of years. (x) In Michigan perjury on trial of capital offence is punishable by life imprisonment or any term of years. (y) In Minnesota, murder in the first degree may be punished by life imprisonment in the discretion of the court for exceptional eircumstance-murder

3-8

1-3

(tt) 2-5

(uu)

(uu)

262

Crimes and Their Penalties-Continued.

EXPLANATORY NOTES-Concluded.

In the third degree is punishable (7-30 years). (z) In Minnesota, a third degree of arson is punIshable (not over 7) and perjury on trial of a felony (2-10). (aa) In Mississippi, third degree arson is punishable (7-10). (bb) In Mississippi, perjury on trial of felony or capital offence is punishable (not less than 10). (cc) Missouri defines four degrees of manslaughter. (dd) In MISsouri larceny of horse is punishable (not over 7). (ee) In Missouri perjury on trial of felony or capital offence is punishable (not less than 7). (f) In Nevada robbery in a railroad train may be punished with death. (gg) In Nevada, rape accompanied with extreme violence and great bodily Injury, is punishable by death or not less than 20 years, in the discretion of the jury. (hh) In Nevada arson is also punishable by fine not over $10,000 and not over twice value of property destroyed. (1) In New Hampshire a lesser degree of burglary is punishable (not over 5) and larceny of horses or cattle (not over 7). (1) In New York perjury on trial of a felony is punishable (not more than 20). (kk) In North Carolina larceny in aggravated cases (or habitual offenders) is punishable (not over 10). (11) In North Dakota third degree arson is punishable (4-7), lesser degrees of burglary (1-5) (1-3) and perjury on trial of a felony (not less than 10). (mm) In Oklahoma perjury on trial of a felony Is punishable (10-20). (nn) In Oregon third degree arson is punishable (3-10), third degree burglary (2-5) and perjury on trial of capital offence (5-20). (00) In South Dakota arson in the third and fourth degrees is punishable (4-7) and (1-4) years respectively, burglary in the third and fourth degrees (not over 5) and (not over 3) years respectively, and perjury on the trial of a felony (1-20), and second degree robbery (1-7). (pp) In Tennessee third degree burglary is punishable (3-15). (qq) In Texas assault with a dagger is punishable with double penalty shown above. Horse theft is punishable (5-15). Robbery accomplished by means of deadly weapons is punIshable (death or not less than 5). (rr) In Utah burglary accomplished by dynamite or other explosive is punishable (25-40). (ss) In Virginia lesser degrees of arson are punishable (3-10) and perjury on trial of a felony (2-10). (tt) In West Virginia lesser degrees of arson are punishable (3-10) and lesser degrees of burglary (1-10). Perjury on trial of a felony is punishable (1-10). (uu) In Wisconsin third degree murder is punishable (7-14) and third and fourth degrees of manslaughter (2-4) and (1-2) years respectively. Lesser degrees of arson are punishable (3-10) (1-15) and (1-8) years respectively. Burglary accomplished by means of explosives is punishable (15-40) years and the lowest degrees of burglary by (1-10) and (1-3) years respectively. Perjury on trial of offence punishable by life imprisonment is punishable (3-15) years. (vv) In Wyoming burglary accomplished by means of explosives is punishable (not over 20).

CAPITAL PUNISHMENT AND LEGAL PENALTY FOR MURDER IN UNITED STATES AND TERRITORIES.

LYNCHINGS AND LEGAL EXECUTIONS.

Lynchings-The total number of lynchings in the United States from 1885 to November 12, 1913, was 3,458. In 1913 to November 12, there were 45 lynchings, of which 42 occurred in the South and 3 in the North; all were males. Of the lynched, 45 were negroes, no whites. The offences for which they were lynched were: Murder, 23; rape, 7; murderous assault, 6; insulting white women, 2; unnamed, 2; theft, 1; race prejudice, 1; attempted rape. 1; alleged rape, 1; alleged murder, but proved innocent. 1. The States in which the lynchings occurred and the number in each were as follows: Alabama, 2; Arkansas, 2; Florida, 3; Georgia, 7; Illinois, 2; Kentucky, 1; Louisiana, 2; Mississippi, 9; Montana, 1; North Carolina, 1; Oklahoma, 5; South Carolina, 1; Tennessee, 2; Texas, 7. Legal Executions-In 1908 to November 15, there were 92, in 1909 there were 107, in 1910 there were 104, in 1911 there were 61, in 1912 to November 15, there were 128, and in 1913 to November 12, there were 81, of which 51 were in the South and 30 in the North. 47 were whites and 34 negroes. All were males. The crimes for which they were executed were: Murder, 75; rape, 5; attempted rape, 1. The States in which the executions in 1913 to November 12, took place, and the number in each was as follows: Arizona, 2; Alabama, 8; Arkansas, 6; California, 3; Colorado, 3; Connecticut, 1; Florida, 2; Georgia, 5; Kentucky, 3; Massachusetts, 1; Maryland, 2; Mississippi, 5; New York, 10; New Jersey, 2; Nebraska. 1: Nevada, 1; New Mexico. 3: Oregon, 4; Pennsylvania, 6; South Carolina, 4; Texas, 4; Utah, 1; Virginia, 4; District of Columbia, 3.

NATIONAL COMMITTEE ON PRISON LABOR.

Chairman-Thomas Mott Osborne. Treasurer-R. Montgomery Schell. Chairman Executive Committee E. Stagg Whitin. Headquarters, 319 University Hail, Columbia University, New York. "The object of this organization is to study the whole problem of labor in prisons and correctional institutions, with a view to securing legislation among the States of the Union, to the end that all prisoners may be so employed as to promote their welfare and at the same time to reimburse the Institutions for expense of maintenance, while preventing unfair competition between prison-made goods and the products of free labor, and securing to their dependent familles a fair proportion of the rightful earnings of prisoners."

Wills.
Embezzlements.

263

THE fidelity department of the Fidelity and Casualty Company of New York keeps a record of embezzlements reported in the United States. The following are the figures for five calendar years:

Total.

534,107 $11,565,679

$10,652,060 $10,731,965 $11,482,051 $7,233,456

The total amount of embezzlements reported by the same authority for each year from 1896 to 1912, Inclusive, was as follows: 1896, $9,113,030; 1897, $11,154,530; 1898, $9,236,351; 1899, $5,873,086; 1900, $8,090,878: 1901. $7,734.250; 1902, $6,933.516; 1903, $10,312,793; 1904, $10,068.971; 1905, $12,623,536; 1906, $18,883,709; 1907. $9,367.964; 1908, $11,565,679; 1909, $10,652,060; 1910, $10,731,965; 1911. $11,482,051; 1912, $7.233.456; total, $171,057,825.

THE WORLD of July 31, 1910, sald: Amount stolen from banks in past five years, $28,000,000. Banker convicts in Federal Penitentiary, Fort Leavenworth, Kan., exceeded every other class of prisoners except burglars and mail robbers. Records show that a majority of embezzlers stole money to gamble in Wall Street. Total thefts of $28,000,000 do not represent complete record of losses, because banks conceal them whenever possible. Temptation to try and repeat performances of the few men who have made quick fortunes in Wall Street is held responsible for increasing embezzlements among bank employés.

Federal Prisons

Are located at Atlanta, Ga.; Fort Leavenworth, Kan.; McNell's Island, Wash.; Mare Island, Cal.; Boston, Mass., and Portsmouth, N. H. Naval Prisons.

New York State Hospitals for the Ensane.

THE State Hospitals for the Insane are located as follows:

Matteawan State Hospital at Matteawan; Dannemora State Hospital at Dannemora. State Prisons-Auburn Prison at Auburn; Clinton Prison at Dannemora; Great Meadow Prison at Comstock; Sing Sing Prison at Ossining; State Farm for Women at Valatie.

New York State Probation Commission.

THE State Probation Commission, created by Chapter 430, Laws of 1907, consists of seven members. Four are appointed by the Governor for terms of four years each; one is appointed by the State Board of Charities from among its members; one is appointed by the State Commission of Prisons from among its members; and the State Commissioner of Education is a member ex-officio. Commissioners serve without compensation, but are entitled to necessary travelling expenses. The general duties of the commission are to exercise general supervision over the work of probation officers and to keep informed as to their work; to collect and publish statistical and other Information as to the operations of the probation system; to inquire from time to time into the conduct and efficiency of probation officers, and when advisable to conduct a formal investigation of the work of any probation officer; to make recommendations and to secure the effective application of the probation system and the enforcement of the probation law in all parts of the State. The commission makes an annual report to the Legislature showing its proceedings and the results of the probation system as administered in the various localities in the State, and making suggestions and recommendations. The commission in the discharge of its duties has access to all offices and records of probation officers, and may direct formal Investigation of the work of any probation officer. President-Homer Folks, New York. Secretary-Charles L. Chute. The commission has its

office in the Capitol, at Albany.

Wills.

A WILL OR TESTAMENT is a final disposition of a person's property to take effect after his death. A codicil is an addition or alteration in such disposition. All persons are competent to make a will except idiots, persons of unsound mind, and infants. In many States a will of an unmarried woman is deemed revoked by her subsequent marriage. A nuncupative or unwritten will is one made orally by a soldier in active service, or by a mariner while at sea.

In most of the States a will must be in writing, signed by the testator, or by some person in his presence, and by his direction, and attested by witnesses, who must subscribe their names thereto in the presence of the testator. The form of wording a will is immaterial as long as its intent is clear.

AGE at which persons may make wills is in most of the States 21 years. Males and females are competent to make wills at 18 years in the following States: California, Connecticut, Hawaiian Islands, Idaho, Montana, Nevada, North Dakota, Oklahoma, South Dakota, Utah; and in the following States only females at 18 years: Colorado, District of Columbia, Illinois, Maryland, Missouri, Washington, Wisconsin.

In the following States persons of 18 years may dispose of personal property only: Alabama, Arkansas, Missouri, Oregon, Rhode Island, Virginia, West Virginia; in Georgia any one over 14 years and in Louisiana any one over 16 years is competent to make a will. In Colorado persons of 17 years, and in New York males of 18 and females of 16 years may dispose of personalty. WITNESSS ESMost of the States require two witnesses, except in Connecticut (3), Mâine (3), Massachusetts (3), New Hampshire (3), South Carolina (3), Vermont (3).