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Notre Dame Alumnus, Vol. 07, No. 06

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Notre Dame Alumnus, Vol. 07, No. 06 The Archives of The University of Notre Dame 607 Hesburgh Library Notre Dame, IN 46556 574-631-6448 [email protected] Notre Dame Archives: Alumnus • r i a I I THE NOTRE DAME ALUMNUS I VOL. VII CONTENTS FOR FEBEUAEY, 1929 NO. 6 Among Undergraduate Leaders Frontispiece Sidelights on the Michigan Criminal Code By James F. Sanford, '21, Prosecutor, Muskegon, Mich. 163 President's Page By Rev. Charles L. O'Donnell, C.S.C. • 166 Department of Journalism, A Criticism Anonymous 167 1929 Nominating Committees Appointed 169 The Value of Fond Memories By Sister Mary Irene, H. H. M., '27 170 The Mexican Situation in 1929 By William F. Montavon, '98 172 The Alumni Clubs 176 Athletics :. By Franklyn Doan, '29 179 The Alumni 184 The magazine is published monthly during the scholastic year by the Alurani Association of the University of Notre Dame, Notre Dame, Indiana. The subscription price is S2.00 a year; the price of single copies is 25 cents. The annual aJumni dues of $5.00 include a year's subscription to THE ALUMNUS. Entered as second-class matter January 1, 1923. at the post office at Notre Dame, Indiana, under the Act of March 3, 1897. All corres­ pondence should be addressed to The Notre Dame Alumnus, Box 81, Notre Dame, Indiana. MEMBER OF THE AMERICAN ALUJINI COUNCIL . MEIMBER OP THE NATIONAL CATHOLIC ALUMNI FEDER.A.TION JAMES E. ARMSTRONG, '25, Editor THE ALUMNI ASSOCIATION OF THE UNIVERSITY OF NOTRE DAME Alumni Headquarters, Main Floor Administration Bldg., Notre Dame, Indiana JAMES E. ARMSTRONG, General Secretary ALUMNI BOARD EDWARD J. JViAURUS, '93 ----- - Honorary President DON HAMILTON, '12 --------- - President WILLIAM A. DRAPER, '07 ------ - Vice-President JAMES E. ARMSTRONG, '25 ------- - Secretary. WALTER DUNCAN, '12 -------- - Treasurer ALFRED C. RYAN, '20 --------- - Director GEORGE M. MAYPOLE, '03 -------- - Director M. HARRY MILLER, '10 --------- Director 1 JOHN P. MURPHY, '12 ------ - (ex officio) Director i AMONG UNDERGRADUATE LEADERS JOHN V. HINKEL. '29 Washington, D. C. WILLIAM H. KEIEG, '29 Editor oi "The Scholastic' JOSEPH E. KEEFE, '29 Indianapolis, Ind. Winter Haven, Fla. Chairman of the S. A. C. President of the Band FRANKLYN E. DOAN, '29 JOSEPH G. JAGHYM, '29 FRANCIS A. CROWE. '29 Lima, Ohio Westfield. Mass. Lafayette, Ind. Publicity Director Co-Captain of Basketball Co-Captain of Basketball JOSEPH P. McNAMARA, '30 THOMAS A. KEEGAN. '30 JAMES 0. ROY, '29 Rockford, III. Pt. Wayne, Ind. Indianapolis, Ind. Editor of "The Dome" S-timc Breen Orator Editor of "The Juggler" THE NOTRE DAME ALUMNUS 163 f THE NOTRE DAME ALUMNUS 1 A magazine which seeks to unify Notre Dame spirit among Notre Dame alimini: to keep alive the friendliness and democracy of the campus when campus days are gone; to acquaint Notre Dame alumni with the development of the University, and the broader devel­ opment of the principles of Catholic education; to organize alumni activity so that it may better and in a greater measure attain its ends; to live in print as Notre Dame men live always, "For God, for Countrj-, and for Notre Dame." Sidelights on the Michigan Criminal Code BY JOSEPH F. SANFORD, LL.B. '21 Prosecuting Attoiniey of Muskegon County, Michigan. The laws of the State of Michigan have Chapter 1 of this act defines various at all times jealously safeguarded the words, phrases and terms contained in the rights and liberties of its citizens. The act, but the average person would pass maxim, "A man's home is his castle," and hurriedly over these various definitions, in­ similar expressions have cluding the last which defines a felony as frequently been quoted an offense which the offender, on conviction, in the decisions of its may be punished by death, or by imprison­ Supreme Court. Prob­ ment in state prison. The laws of Michigan ably no other courts have at all times thus defined a felony as have as consistently up­ distinguishable from a misdemeanor, which held and protected citi­ has at all times been defined as an offense zens in their constitu- punishable by fine or imprisonment in the ^""'F'^^B^ tional rights. county jail, or both such fine or imprison­ "^Bv^/j^E" When the legislature ment. To the average person the word felony is descriptive of a more or less \%'^--Jlml °^ *^ ^*^*^ °^ Michigan V'\%\^f/yl passed Act 175 of the heinous crime involving moral turpitude— Public Acts of 1927, offenses that are malum in se as distinguish­ Prosecutor saiiford officially known as The able from offenses that are malum in pro­ Code of Criminal Procedure, little did it hibitum. realize that the enforcement of one of its The average law-abiding person will provisions would cause a discussion that readily subscribe to the doctrine that the would echo throughout the United States. person convicted of a felony, according to The fact that this act revised, consolidated the popular conception of that word, de­ and codified the laws relative to criminal serves punishment commensurate mth the procedure in general has scarcely caused seriousness of the crime committed, rang­ any comment, especially on the part of lay­ ing from a tei-m of one year in state prison men. The fact that many changes and in­ to life, or even death. When Fred Palm novations, as, for instance, the right of the often referred to as the "pint-of-gin lifer," accused to waive a trial by jury, were in­ received life sentence as an habitual crim­ troduced by this act has received little inal under the mandatory provision of life attention. To the average citizen The sentence contained in Section 12, Chapter 9 Criminal Code registers but one thought, of the Criminal Code, after pleading guilty and that centers about Section 12, Section to a violation of the liquor law, it da\vned 9 of this act which provides for a manda­ upon many citizens of Michigan that viola­ tory life sentence for persons who have tions of the liquor law came under the been convicted of committing four felonies. classification of a felony for the reason that In effect, it classifies fourth offenders as its violation made the offender subject to imprisonment in state prison. Not only habitual criminals. 164 THE NOTRE DAME ALUMNUS were laymen ignorant of this fact, but like- the universe. Many persons viewed this \vise were many of their representatives in law as destructive of liberty and justice the state legislature who voted for the pas­ and laymen and lawyers alike tore sleeves sage of this act -without actually knowing out of their coats while vehemently pro­ the definition of a felony, which under any claiming to the world that there was no circumstances is little enough for them to justice in dragging three felonies, especially know. It is impossible to conceive how men when they were liquor law violations, out chosen by the people to represent them in of their legal graves where they had been the legislature could be ignorant of the fact relegated by reason of the offenders thereof that violation of the liquor law constitutes satisfied justice by sei-ving sentences there­ a felony, when such has been the case since for. Inasmuch as paying the penalty for the passage of the State Liquor Law in the commission of three previous felonies is 1917. generally viewed as expiation, the addition Section 12 of Chapter 9 of the Criminal of the ghosts of three previous felonies to Code became a point of interest and upon the fourth offense to constitute four felon­ investigation Avas found to read as fol­ ies subjecting the offender to life imprison­ lows: "A person who after having been ment caused the average layman to conclude three times convicted within this state, of that legal arithmetic differs from that felonies or attempts to commit felonies, or taught in school. The system of counting under the law of any other state, govern­ ^'^olations of the liquor law as felonies un­ ment or country, of crimes if committed der this act though they constitute mis­ within this state would be felonious, com­ demeanors in the various other states where mits a felony within this state, must be the violations occurred, has also come in sentenced uj)on conviction of such fourth or for considerable criticism. subsequent offense, to hnpnsonnient in a The recent decision of the Supreme Court • state prison for the term of his natural of Michigan in the Palm case upheld the life ." With the understanding that constitutionality of the mandatory life violations of the liquor law constituted a sentence imposed upon Palm under Section felony, it then became a simple matter to 12, Chapter 9 of the Criminal Code, and understand that fourth offenders of this cites Sections 5948 and 5949, 2 Compiled law came under the classification of habit­ Laws of 1857, now appearing as Sections ual criminals, and that it was mandatory 15612 and 15613, 3 Compiled Laws of 1915, that they receive a life sentence for the as showing that provisions for increased fourth offense. Many guns were aimed at sentence when the defendant has been this provision by members of the legal theretofore convicted is not new in the profession who promised to "shoot it full of state. The chief additional feature in the holes," etc. It was termed retroactive and Criminal Code is the provision that makes ex post facto legislation, and the claim was the life sentence mandatory; instead of dis­ frequently made that its enforcement would cretionary with the court. The decision place offenders twice in jeopardy for the also upholds the right of the legislature to same offense. The average person was deprive the trial court of exercising discre­ ready to subscribe to the doctrine that those tion in imposition of sentence.
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