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The Commoner.
VOLUME 13, NUMBER 5
Indemnification for Innocent Men
Convicted of Crime
Tho Now York Times prints tho
following inloroBlIng article: Under
tho tonus of ft bill Introduced in tho
Unltod States senato and printed in
Sonnto Document 1)7-1, any person
convlctod of any criino or offonso
against tho Unltod States who shall
ho nolo to establish his innocenco of
tho erlnio with which ho was charged
tho burden of proof being upon
him and who has not been found
guilty of any other offonso against
tho United Slates, or who has re
ceived a pardon from tho president
on tho ground of innocence, shall
have tho right to apply by petition
for indemnification for tho pecuniary
injury sustained by him because of
his erroneous conviction and im
prisonment. This bill is limited
naturally to conviction in tho federal
courts, and for offenses against tho
Unltod States.
If it shall bo passed by congress,
however, it will sot a pattern all tho
states might vory well follow if jus
tico is to bo administered. Undor
tho tonus of tho senato bill it is pro
vided that tho claimant must estab
lish his innocenco affirmatively, must
show that tho crimo with which ho
was chargod was not committed at
all, or if committed was not com
mitted by tho accusod. Having
established his innocence, tho ques
tion of indemnification and tho
amount to which tho accused is en
titled would bo determined by tho
court of claims. Upon proor satis
factory to this court of the inability
of tho claimant to advance the cost
of court and of process, tho secretary
of tho treasury would bo required to
pay such costs on tho order of the
court. Another provision of the pro
posed law is that "in no caso shall
tho relief granted exceed $5,000."
This, it seems, is a wholly arbitrary
sum and wholly unwarranted if it
bo tho purpose of the law to seo that
fair recompense is made for the dam
ago done to tho claimant whoso in
nocenco has been established. It is
explained that tho reason for so
limiting tho relief granted is "to
limit any exorbitant claims which
may bo brought." A further pro
vision is made that tho claims made
under the law and properly certified
by tho court of claims, "shall ho paid
out of any general appropriation
made by law for tho payment and
satisfaction of private claims on pre
sentation to tho secretary of tho
treasury" in duo and proper form.
Tho proposed legislation is in the
right direction; hut it does not ap
pear why the relief should be limited
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to $5,000 without regard to tho
merits of the case before tho court,
seeing that the government is amply
protected by the requiremnt that tho
court of claims shall pass upon the
claims presented. Take the case of
Andrew Toth, for instance, the Hun
garian steel worker, who was unjust
ly convicted and was imprisoned in
a Pennsylvania penitentiary for 20
years. His earning capacity was
doubtless not less than $2 a day, and
a little calculation will show that,
counting out the Sundays, ho was
working for the state G.2G0 days, and
that he would have earned during ins
long period of confinement not less
than $12,020. It would appear that
he should be paid by the state for its
mistake in his conviction not a dol
lar less than he would have been
able to earn had he not been deprived
of his liberty for a crime he did not
commit. Even such an award would
not be a fair compensation for what
he suffered from the state. It
would not tako into account the
"mental anguish" of personal dis
grace inflicted upon him by the
state. Instead of limiting tho "re
lief" to the sum of $5,000 the law
should, provide that the relief should
be in exact proportion to the earning
capacity of the petitioner during the
time of his incarceration, and even
that would be an inadequate return
for the injustice done by the state.
There is nothing new in the
theory that the state should be held
liable for the injury it does to its
citizens by erroneously depriving
them of their liberty. Throughout
the middle ages it was admitted that
the private complainant was liable to
the defendant in damages for a'
wrongful accusation or prosecution.
The movement for tho indemnifica
tion by tho state of erroneously con
victed persons was begun in France
about the close of the eighteenth cen
tury. The first legislative expression
of the obligation of the state to in
demnify unjustly arrested and de
tained persons was contained in a
decree of tho Prussian parliament in
1766, which provided that not only
should the person taken into custody
because of suspected crime be re
leased, his innocence havinc been
established, but that he should have
all the costs of his case restored to
him and a just indemnity in money
payable from the funds of tho trial
court. This provision probably did
not long obtain, but of its justice
there can be no question. Jeremy
Bentham was the first champion of
the doctrine of state indemnification
in England for errors of criminal jus
tice. A bill was introduced in par
liament by Samuel Romilly in 1808,
but was afterward withdrawn, and
sine then there has been no further
effort to regulate the question, al
though parliament has admitted, in
a sense, tho liability of the state by
granting lump-sum indemnities to
various innocent individuals re
leased after having suffered' imprison
ment upon erroneous conviction
These grants havo been made as a
matter of grace rather than as a
matter of right There is now a de
mand for definite legislation upon
the subject in England. "Tho prin
ciple yas first accepted in modern
legislation in the cantons of Switzer
land, where so many modern poli
tical reforms have received their first
egislativo expression." Within the
last 25 years the countries of Enron
have legislated upon the subject, in
Sweden, Norway and Denmark, in
Austria and Hungary, and in Ge
many various laws havo been passed
providing somp measure of relief 5S
the victims of the. error of SSSifil
iusttco. It is held by Mr. Borchard
the new librarian of congress, in hid
most excellent study of So nuestidn
JFWSJM, which are
..w. wu: terms, but all of
Harmless SmoW?
Cures Catarrh
A Simple, Safe, Reliable Way ana It
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This preparation of herbs, leave
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smoked in an ordinary clean plp0
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natural way, the worst case of Catarrh
can bo eradicated.
It is not un
pleasant to use
and at tho same
timo It is en
tirely harmless,
and can bo used
by man, woman
or child.
Just as Catarrh
is contracted by
breathing cold or
dust and germ.
laden air, just so
this balmy anti
septic smoking
remedy goes to
all tho affected
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head, nose,
readily bo
trnatmntifs. snnb nn enrnvo nlnhnnnlo
salves, liquid or tablot medicines fall
they do not and can not reach all the
affected parts.
If you havo catarrh of tho nose,
throat or lungs, choking, stopped-up
feeling, colds, catarrhal headaches;
if you are given to hawking and spit
ting, this simple but scientific treat
ment should euro you.
An illustrated book which goes thor
oughly Into the whole question of the
cause, cure and prevention of catarrh
will, upon request, bo sent you by Dr.
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Hp will, also, mail you fivo days'
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ECZEMA
Also called Tetter, Salt Rheum. Pruritus,
Mllk-Crust, Weeping Skin, Etc.)
ECZEMA CAN BE CUBED: CUJRED TO
STAY, and when I eay cured, I mean lust what I
say G-U-R-1S-D, and not merely patched up for
awhile, to return worso thnn boforo. Rcmombcr i
mnlco ihls broad statement after putting 12 yean
or my tlmoon this one dlseaso and handlings uw
tho menn-timo a quarter of a million cases of tnu
dreadrul disease. Now, I do not care whnt all yon
bavo used, nor bow many doctors havo tola you
that you could not bo cured all I ask Is Just
chnnco to show you that I know what I am toiKinj
about. If you will write to mo TODAY. I wlu MQ4
you a FKEE TlilAL, of my mild, soothing, guar
anteed euro that will convince you moro In now
than 1 oranyono olso could In a month's time.
ypu aro disgusted and discouraged. Ju
Rlvo mo a cbanco to provo my claims. By wn""'
mo today you will enjoy moro real comfort than you
bad oyer thought this world holds for you. Jun
try It and you will seo I am tolling you tho truth.
Dr. J, E. Cannaday, 259 Court Block, Sedalla, H.
References! Third National Bank, Sedalla, Mo.
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PATENTS
WRtaetB B. ColejogM
Fateat iAwyer.Waablnelo
TWl A llr anrf hnOICS ifMh
Bates retsonabl. Ulsheatwferencw. Best service
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4'ND
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Absolpto safety of your money
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GUARANTY STATE BANK
Uutkogae, i : : i i OklahiiM
M. G. HASKELI, President;
.ri
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