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A Legislative Loophole for Petty Offenders

A prominent attorney reveals that a recent state law intended to increase penalties for repeat offenders is legally void regarding misdemeanors.

The story, cleaned up

A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.

A flaw has been discovered in one of the laws passed by the late legislature of the state of Washington which will in all probability invalidate and render void a part of the law which the legislators had in mind. The act is what is known as the law of cumulative punishment, entitled 'fixing the penalty for persons convicted of a second and third time for felony.' The law was destined to give the courts authority to add extra punishment to criminals who were found guilty of larceny when proof of their previous conviction could be produced. But, the lawmakers neglected to state in the title of the bill that misdemeanors were included as well as felonies. The defect was called to the attention of the state lawmakers by Walter S. Fulton, a prominent young attorney of Seattle, and for the last two terms prosecuting attorney of King County. He noted that the city is full of small offenders who steal articles of little value, serve short terms, and are re-arrested in a few days. It is too bad that the law was allowed to pass in its present form.

“These criminals undoubtedly commit these crimes for the express purpose of getting in the county jail for a short time... While in jail they have a good home, two good meals per day, a warm comfortable place to sleep, lots of books to read and all the tobacco they can get.”

— Printed in The Evening Statesman (Walla Walla, Wash.) 1903-1910, 1903
Then · 1903123 years apartNow · 2026

This 1903 legal critique highlights the ongoing tension between ‘tough on crime’ policies and legislative drafting requirements—a struggle that continues to shape criminal justice reform and judicial outcomes in Washington State today.

The original page

The Evening Statesman (Walla Walla, Wash.) 1903-1910, 1903-07-08. Library of Congress, Chronicling America.

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About this story

From
The Evening Statesman (Walla Walla, Wash.) 1903-1910, JUL 8, 1903, Page 5
Rights
Public domain
Place
47.60323, -122.33028 · placed automatically
The paper in the Library of Congress catalog ↗