and is impelled to save him to a more honorable walk in life, and would more often succeed if society would aid in his reclamation, by a kind word and a helping hand, and not further seek to burn the stripes of his garb into his body and memory, by cheerless indifference. I pardoned, within the first two years of this administration, 62 persons and 73 from the meeting of the last General Assembly up to January 1, 1885. These were generally those who do not belong, in the full sense of the word, to the criminal class; they are largely those convicted of murder in the second degree. Such persons are often the victims of misfortune rather than criminals, who, under the influence of sudden passion, being assaulted or in a heated personal encounter, killed their fellow man, and in whose hearts no vindictive, no malicious, no criminal feeling had existed prior to the act, but who were driven to it by a mischance that may befall any man in society. The law declares them guilty of crime and condemns them to punishment. But are such not worthy of consideration? Should a pardon I never reach them? Were those upon whom the Tower of Siloam fell much worse sinners than many who exulted over the fall? The law in such cases needs no vindication. It inflicts the punishment as a measure of discipline for those upon whom it falls, and a warning to others to keep their passions under control and resist evil. Upon consultation with the Warden and prison officers, I have pardoned two prisoners on each recurring 4th of July and Christmas day. They have uni ormly been prisoners of long sentences, who have conducted themselves well in prison, generally one of each color, and in most instances those who have had no friends to inte: cede in their behalf. Those holidays have been looked to with more than ordinary interest. by the prisoners, as no one of them knew upon whom the favor would fall until called to receive the pardon.

The custom has worked well, and has had a salutary effect. In no instance has one of those pardoned misbehaved in society. They are impressed with the idea that the same conduct that secured the pardon will secure success in the ordinary walks of life. I now think it would be wiser to grant conditional rather than full pardons to those receiving this grace of the State. This grows out of two facts: First, the discharged convict is aware that he still remains under the supervision of the State, and that the State trusts him on condition that he inakes a law-abiding citizen; second, he is also aware of the fact that if he violates that condition of the pardon, he will be tried and re-incarcerated for the balance of the original sentence. Under such a pardon, he is the subject of one of those two impulses which are to be found in every man: pride and fear, and which govern every man either in one or the other direction. There are quite a number of old,

enfeebled and broken-down men in the hospital of the penitentiary who have been there, if not since they entered upon their sentences, at least the greater part of the time. Those men are a burden to the State, and should be discharged, provided relations or friends will take them. I suggest that the joint committee of the Senate and House on the penitentiary, recommend their pardon. This will bear the semblance of a legislative act and relieve the Governor from all unjust criticism. I also suggest that this body should relieve or provide in some way for several insane convicts whose terms of sentence have expired. There is no reason why they should be thus forced on to that institution when their presence and conduct have such a deleterious influence on those associated with them in the hospital. They should be removed as a matter of humanity from the hospital, and from a sense of duty to the State.

REFORM SCHOOL.

Missouri has attained that wealth, population and prominence when it can no longer, with any degree of self or national respect, delay the erection of a reformatory school. Such a school would save from a life of crime many youths who, from vicious instincts, or depraved reading and associations, become confirmed and costly criminals. If those were taken "in the days of their youth," their hearts and brains could be so trained as to abhor crime. Nothing is so costly to the State as jails and penitentiaries. If the State is the guardian of its children, it should be prepared to take charge of the little waifs of society, "the flotsam and jetsam on the wild sea of life before the evil days draw nigh when they become hardened criminals."

The St. Joseph Gazette well says upon this subject:

"One of the main purposes of punishment is reform. But what a blot upon our civilization, a sad commentary upon our so called enlightened methods of dealing with crime, is thus revealed by the records of just one of a thousand criminal courts! Clearly the present methods of dealing with crime are a collossal failure so far as their reformatory influences are concerned. Something is wrong and must be corrected. Here reform begins, and this reform, this gradual leading of a young heart from a channel of viciousness to one of right and honor, is not to be accomplished by hardened criminals, nor can it be done in a day, or a week. It is the work of men and women who have made it a life pursuit. It is a work which belongs to a school established purely for the purpose of reforming boys and girls, around whose lives baleful influences have been thrown, but who, if properly treated, can be developed into honorable and useful members of soci

ety. Christianity and civilization and humanity demand such an institution in Missouri to-day."

Experience teaches that there are fewer convictions for felony where Reform Schools exist, as there are fewer violations of law.

The Legislature should give serious thought to the importance of such a school. All the progressive States of our land have such schools. Here, too, Missouri must keep pace with them..

INSANE CRIMINALS.

The attention of the Legislature is earnestly called to the existing condition of the law in relation to the treatment of persons acquitted of criminal offences on the ground of insanity. Such persons are at present turned loose upon society, where the same cause may produce the same unfortunate results. It is recommended that a law be enacted to the effect that whenever there is an acquittal on the ground. of insanity, a verdict to such effect shall be returned by the jury, and thereupon the accused shall be remanded by the court to some public asylum for the insane, there to be retained in custody until pronounced cured by competent medical authority.

It is submitted that under such a law the interests both of society and of the individual will be better subserved than is now the case. It too often happens, as the records of our courts will show, that with the alternative of a verdict of murder in the first degree or of one of acquittal, a jury is apt, according to the prejudices prevalent in a community, to be readily swayed either by sympathy with the accused and a doubt as to his true mental condition or by too stern a disposition to avenge the outraged law. In the one case a guilty person goes wholly unpunished because the jury deems capital punishment too severe a penalty. In the other, it may and does happen that one who is merely the victim of disease, and in no sense criminal, is condemned to an ignominious death.

From the experience of other countries where such a law as the one proposed is in force, it is confidently to be expected that the plea of insanity will be much more rarely invoked, when, if successful, it may consign the accused to a lite long imprisonment, and juries will be less likely to inflict unmerited punishment, when they are satisfied that the public may be protected by milder measures.

Ther is no branch of the criminal law in a more unsatisfactory state than that relating to the plea of insanity. Cases of homicide are constantly before our courts in the trial of which the sciences of law and medicine appear in irrepressible conflict. The lawyers charge the doctors with "a sentimental indulgence for crime," and these retali

ate with a eharge of "inhumanity towards the defects of human nature."

Juries, in consequence, confused with a discord where all should be harmony, render verdicts which are irreconcilable with the true principles of either science. The proposed legislation, it may be hoped, would do much towards curing this evil. The dispute between lawyers and doctors would cease to be of practical importance. The penalty of death would be inflicted only in clear cases. Society would be amply protected by incarcerating the insane criminal for life or until a permanent cure was effected.

In the light of several tragedies during recent years in the penitentiary, it is clear that this is not the place for insane criminals, while these sad events would seem equally to prove that its walls not infrequently contain those who are not otherwise guilty of crime than through the irresistable dictates of a diseased brain. I urge upon this Legislature the importance of building a criminal insane asylum within the walls of the penitentiary for the double purpose of protecting the sane from the deadly attacks of the insane criminal, and affording some intelligent means of restoration to reason of those so unfortunate as to lose their reason while in prison.

DOWNING LAW.

I suggest that this law should either be repealed or so amended as to make it applicable in its provisions to every part of the State alike. This law has been, in part, made inoperative in the city of St. Louis by the presumed existence and operation of the act of 1857. I am not inclined to that view, but, as it was so declared by a court of adequate jurisdiction, the civil authorities of that city acquiesced in the ruling. I suggest that the act of 1857 be repealed, thus leaving the Downing law in unquestioned operation over the whole State. As a police law, I think the Downing law has already accomplished much good, and can be made much more effective, with certain amendments. No law should remain a dead letter upon the statute books. If a good one, it should be enforced; if a bad one, it should be repealed. In 1880 there were 3,042 licensed dramshops, 127 wine and beer saloons and 90 drug stores retailing liquor under the then existing license. The State license, together with the ad valorem tax on the liquor sold by the saloons, amounted to $157,916, and county license and tax to $296,970, a total of $158,896. The tippling houses increased in number in the State between 1880 and the time this law became operative This law has reduced the number of dramshops or drinking saloons within. the first year of its operation from 3.601 to 3,150, a decrease of 457 or 12 per cent., and has reduced the number of places of strong drink from

3,469 to 2,115, over one-third. There has been an increase of 903 wine and beer saloons under this law. I think that section of the law should be repealed, as many who seek shelter under it do so for the purpose of violating it, and, in fact, making their saloons open dramshops without paying for the privilege. While the revenues of the counties have been largely increased under this law, those of the cities, towns and State have been much reduced. This should be remedied. No law should work so partially in favor of one division of the State against other divisions, and in fact the State itself. For the violation of this law the courts should either impose the maximum penalty or this body should repeal the minimum fine. The county revenue from saloon licer ses has been increased from $358,000 to $1,164,000, an increase of $806,000 within the first year. The State revenue from that source has been diminished $85,041.06 within the first year, and several small counties yet to be heard from. Heretofore the county courts have exacted the minimum license, $550, from those seeking the privilege of trade. The maximum price is $1,200. I think experience and the demands of society will require an increase in the value of the license over that of $550 and a more equitable division of the amounts between the towns, cities and State. Intemperance is on the decrease in the State from two causes: A stronger moral sentiment and fewer places of temptation to the young and old. There are twenty counties in the State in which license cannot be obtained for dramshop purposes. Public opinion is demanding a strong and effective law upon the license system; one that will discourage, rather than encourage, public drinking saloons, and at the same time requiring a strict enforcement of that law; crediting those who comply with the requirements of the law, by severely punishing those who violate it under any pretext whatever. There is also a strong and growing sentiment within this State in favor of closing dramshops and forbidding the sale or giving away of intoxicating liquors by the keepers of such places on Sunday. The religious papers of every religious belief have spoken strongly upon this subject, and those authorized to speak for the churches, have i-sued strong deliverances in favor of thus preserving that Holy day. The moral sentiment of this State demands it and these deliverences are but the faithful echoes of that sentiment. I am unwilling to see this day, one of the bulwarks and main stays of our form of government, abolished by legislation, infidelity, or passion for gain. It should be preserved "in every line of its rubric and every thread of its ves ment," as one upon which all classes can say, "here we rest "in obedience to "divine, statutory and physical laws."

Those engaged in the manufacture and sale of spirits recognize