Southern Illinois Journal

              '"'.mwiiwiMi^..-.
YOU
November IQth is the day you can
Begin To Shoot Quail
how's the gun? Do you need a new one? My line can't be beaten. Drop in and let us show yoir some ol the new patterns. You say you can't hit quail when you shoot at them? Well, that's easy i you get the right kind ofa Gun and Ammunition. My line of Sporting Goods is unsurpassed in quality and assortment I handle every kind of a shell manufactured and they are loaded to my or¬ ders. I know what load is the best because I hunt myself. A man who does not hunt can't tell you what to shoot Experience is what counts and I have handled guns and dogs ever since I was knee high to a duck.    Don't stop to knock on the door—walk in, you are welcome.
The Keen Kutter Store is the Sportman's Headquarters
"Look me up."    Hunting Coats and Leggins.
J BOWMAN.
Flora,IIlliMS
"TTT?
n
WHY VOTE FOR DENEEN?
Thla la why you ahould vota for Charlas S. Deneen for governor.
Ha la young, vlgoroua and atrong.
Ha ia a man of deedt.
He atanda for economy In public expendlturea.
IHa haa Initiated mora leglalation for the public good than any other jovarnor.
He haa proven hlmaelf at all tlmea a atauneh friend of labor.
Hla la a record for patrlotiam, fearleaaneaa and untiring application te ¦Huty. -   Hla Intatlactual and phyalcal powera are not Impaired by age.
Ha haa never figured In a butlnaia failure.
Hla Ideaa and methoda are not thoae of an' out.of-date age, but are tnodem and progrettlve.
Hit  loyalty to  our country  haa never been quettloned.
He would never become a mere figurehead throuogh whom detlgning polltlclana could control the atate revenuea.
ilEliEEN HmKES REPLY
jTELLS      THE      ANIMUS      WHICH ?       .PROMPTS ATTACKS ON  HIm!
ICHARGES ABSOLUTELY FALSE
|aDld  Not Unnecessarily Multiply Counts J.    in   Indictments   or    Avoid    Gam- J. bllng     Prosecutions    While •
I State'a Attorney.
Attacks upon Gov. Deneen charging aim with Illegally wlthholdlnK fees wrhiio-stato's attorney of Cook county Suave enlisted a vigorous response jlrom the chief executive. He Is giving .atttention to these attacks in speeches ibe la making lu Chicago and is telllpg mH the animus which has prompted «iiem. He Is paying particular atten- 'jSlon to the charges that he unneces- ¦BTllytnultlplled counts In Indictments aind that in gambling cases prosccU- >tKions for second offenses were avoided. , "Both charges are false," said the ¦governor. "Counts were not unneces- ^¦arily multiplied and prosecutlona on S^ntbllng charges were not avoided. 1 "By ringing the changes on tbe nec- 'Jessarily technical phraseology used in ^Itoe various counts of such Indictments fbla newspaper has endeavored to mts- ^ad its readers hy tbe false suggea- tton tbat tbe counu were multiplied in order to add to tbe fees of tbe state's ¦ttomey.
"To  ninstrate  the  technical  exact- mess required in the drawlnfc up of an indictment,  one  example  wlll aufflce. Cnder the statute on bookmaking the I criminal law demands In the drawing Of   an  Indictment   the   strictest   tech¬ nical accuracy In charging the olfenae, kofb aa to tbe place of ita commiaalon, whether in a room, tenement, etc., or a part thereof; aa to tbe meana of its oommission, whether with a book, In- atmmeDt or device; aa to whether tbe oSense waa  accomplished  through  a J, bet, poel or wager, and aa to whether lauch bet, pool pr wager was on tha * rasult ot » trial or contest of skill, speed or power of endurance ot man «r b^st
Only One Charge In Count.   .
"Hortover, tbe law probibiU tka Ib-
eluaion of more  than one ctiarga la
the aame count of an Indictment aoA
requirea  a separate  count  for every
j|-variation   in   the   deacription  of  tha
offense as to place, meana or inatni-
ment.   ya«h must be a aeparate^oeiint.
"Again,  the crime la not complete
-without  tbe  recording or registerlnc
«( t>ets or wagers or selling pools, aad
fb order to obviate any miatake aa to
narhether.it is a bet or a pool, thera
Viaat be,a count alieglng each one ot
'Cheae in each one of tbe placea men-
¦'••^>nea ih the indictment
j-LaaUy^ the indietweBt Bma» atata
wnat the bet or~pcol was on, wnotnor a contest of skill, speed or power ot endurance.
Muat Cover EVery Way.
"From what has been said one may re.nillly see that In order accurately and technically to describe a complete offense In this cl.ass of cases, and. to prevent a miscarriage of Justice thrniigh tho omission ot some noces; parj' element. It becomes necessary for thp prosfcutor to allesc the off.^iise In every way In could have been com- mUtort or the difforent necessary elo mppt.-! of It have been comblnod.
"It Is foi" tho above re.nsons that tn prpvont Burprlspg or mistalces of faci, ami to moet tho various technlral ri. - fi-ii.-i's whioh mny arise, the oarofiil plnndpr nlways has and mnat reso^-t tni various counts In stating such ot- fcn^-"s.
Supreme Court Approved It.
"And 8u6h pleading bas met with Ihe approval of the supreme court of this state as long ago as 18C6, when, In tho case of Borschenlus vs. Peo¬ ple, 41   Illinois,  it said:
" 'Although several counts aro some¬ times Introduced into an Indictment for the purpoae of describing the same offense, yet in theory each count pre¬ sents a dltferent offense. . . . These are so many distinct convic¬ tions and the state'a attorney ia en¬ titled to hta conviction fee under each count.'
"The decision of the court in the norschenius case disposes also of the charge made by the Inter Ocean in regard to tbe case of Annie Llppman, In which the defendant pleaded guilty of selling liquor without a license. The plea was a general plea of guilty to the indictment, and upon that plea the state's attorney became entitled, to quote the language of the supreme court Just cited, 'to his conviction fee under each count.' Tho court In the Llppman case imposed a Une of one dollar upon the defendant, but the law governing the compensation of state's attorneys has made their com¬ pensation dependent not upon the sen¬ tence or Judgment of tbe court, but upon the plea or verdict of guilty. Kntltled ta Ali Peea.
"Thia atatute and these decisions also dispose of the case ot People va. Behrena, Whipple, Oriffltha, Bitter, Beaedtct. Wangemann, Blongren, Regenatein, Oray, Moeng and Bers- bach, alao cited by the Inter Oeean, who were tried on July Sl, 1898, and a verdict ot guilty entered aa to all. Im¬ mediately upon tbe entering .of that verdict the atate'a attorney became entitled under the law to bia convic¬ tion fee on eaeh count of the Indict¬ ment. Tha imposing or withholding of Judgment by the trial Jndge In no way affected thia right.
"Moreover, tbe law further required
I the atate'a attorney to make reporta
of the pleaa or rerdlots of guilty te-
' eured nnder hla adminiatratton to tba
ammatx nmurt aad direetod the countv
juogment in la-ver oi ney, on all r»>'.-a pleaa
«fora, ttat hacaoM ot
any subsequent action of the court tha atate'a attorney was not entitled to his conviction fee is a willful or ignorant misrepresentation of tbe law and the fact.
Explains Qamblers' Caaae.
"As to the aecond matter dealt with in the Inter Ocean editorials, there were, it is true, few trials for second offenses In gambling eases. Dut tbere was nothing exceptional about my ad¬ ministration In this respect Thfe same was true of the administrations both previous and subsequent to my ad¬ ministration. To understand the rea¬ son for the infrequency of such trials one must know ihiit the state'a attor' ney is dependent for his evidence In tiicpe cases upon the police depart- m'ut, the shoriri's ofnty, or other agencies. The evidence thua furnished provides data tor the preparation of tho Indictiiipnt by the state's attorney and Is later presented to the Jury upon the trial of tho case. This ovi- deuce In almost evary Instiince relates to tho offenao upon which the present Indictment Is sOURht and very rarely fviinl.-ihes auy clew to the Identity ot thn present defendant With a defend¬ ant in a former indictment. This evi¬ dence must eonhect the defendant with thn physleal act of gambling, and per¬ sons who have beon'once convicted In thla.eI.i3B of rapes endeavor to con¬ duct their subsequent gamblini; In such a Way that no physical evidence Is procurable against them.
"This whole subject has been re¬ peatedly discussed and the charges answered. It has been disposed of by pulillc investigation, by Innumerable Judpmentg ot county courts In this state, and by the decisions of the su¬ premo court ot Illinois. K has been passed upon by the people. When I was Republican candidate for tho sec¬ ond term of state's attorney ot Cook county I.received a plurality over my opponent 10,000 greater than Presi¬ dent McKlnley received over Bryan. Four yeara later, upon my election as governor, I received a larger vote thnt President RooseveU and the hir- gciit vote ever' cast for nny candidate for offlce in this state.
Court Approvaa Faee.
"The law governing thi> ccmpenaa- tlon of atate'a attomaya in Iliinoia waa enacted in 18'/1. It provided for tbe payment of feea to auch offlcera on condition tbat tbey be collected ont of fines impoaed and Judgments colleo^ ed by tlwm. l/nfler the law, on Mhreh 1 ot each year tha state'a attorney a of the aeveral countiea Ota M«ulred to make reporta to tke atnafcy Judges of their respective countiea of all feea earned and collected during the pre¬ ceding year. Upon tbe filing of auch reports a proceeding Is begun In tbe county court to determine tbe amount due to the state's attorney. Five days before the hearing on thla proceeding the state'a attorney la required to no¬ tify the coimty auperlntendent of pub¬ lic inatruetion that the report haa been filed In the offloa of the county clerk. The county auperlntendent thereupon becomea a party to the proceeding. After full hearing a Judg¬ ment of court la entered, authorising the state'a attorney to retain tbe feea due bim and to turn over to the coun¬ ty auperlntendent the balance remala- ing.
Sama All Ov«r the State. "In thla manner Jndgments hara been entered in the eounty cotfrt of Cook county for a'l feea collected by me aa atate'a attorney of that county during the eight yeara of my adminia¬ tratton. Just aa lila Jodgmanta hate bMn aotarad la fa or of my oredeeaa-
Bara ever aince tne tspr -went mio et-
dtrl
farted, aimllar Judc;ments have been entered in each of the remaintag 101 eountlaa ot the atate, making an ag¬ gregate of i>,762 Judgments rendered in favor of atate's attorneys under the law of 1871 la this state.
"Finally,  it  may  be   said  that  tbe supremo court has confirmed the law announced in all the above decisions. Law Patted Fixing Salary,
"Attention has been called to the fact that my successor as state's at¬ torney of Cook county, John J. Healy, has turned over Ihe fees of the state's attorney's offlce of Cook county. The facts abo'jt this matter are as follbws: During my last term as state's at¬ torney a law was enacted by the gen¬ eral assembly placing the olBce ot tho state'a attomcw of Cook county on a salary basis. In the campaign which followed a question arose as to lis constitutionality, aud Mr. Healy, with nther oandidates. promised to turn over the fees in compliance with this statute and accept a salary. Still lat¬ er, a question having'arisen over the disposition of the fees, as to whether they should Ro to the school fund or to Ihe coanty, the matter was taken to tbo snprme court and the court declared