The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-11-06
TO AMEND CRIMINAL CODE.
Death viii Soon Be Penalty for As
ssuItinu the president.

alarming deficiency in the federal stat
utes regarding assaults on the presi-
dent OF the United States. as develop
ed by the recent assassination Of
President Mckinley. will result in a
score or more Of bills being introduced
in the Fifty-seyenth congress to cor
rect this anomalous condition. meas
ure which may be regarded as the
Administrations idea has been framed
by the commission for codifying the
federal statutes. This commission con
sists Of Alexander c. Botkin. David X.
Watson and William d. Bynum. II has
been az work for several years, has
finished a criminal code and is now
at work on the civil statutes. This task
viii require several years more for
its completion.
The bill which the commission has
drafted is intended as a paragraph Of
the Federal Criminal Code. which has
now been completed and submitted
In the form Of a report TO the do
partment OF Justice The new section
viii make various crimes punishable
when committed in forts or arsenals
owned by the government; on sites
of postofiices. custom houses and other
federal buildings and within the shore
line on the Great Lakes and aboard
American vessels wherever they may
be.
IN order 20 secure a larger measure
.of security for the chief magistrate,
the commission has drafted a sepa.
rate bill. making IL a felony. punish
able with $1,000 fine, to threaten the
life or person of the president and i
capital crime to assault his person
In both instances the attack must be
on account OF the doing or failing TO
do something connected with his du-
ties as president. Much difficulty was
experienced In dealing with the sub
ject OF a law to protect the president
In order TO bring the offense within the
constitutional pale. the crime must be
more than a crime against the person
In the eyes OF the law at present
the president is not more sacred
against assault than the humblest citi-
zen. Moreover. the constitution gives
the states power to punish crimes ~ it'll
in their jurisdiction, and in spi,- OF
any law which congress may pass. a
state will sull have jurisdiction TO
punish assaults upon the president in
private capacity II the motive OF the
crime is in no way connected with his
official functions. the federal govern
ment cannot step in between the state
and the accused
The purpose of the new law is to
define as crimes assaults which are di-
rected against the office Of the chief
executive as distinguished from the
occupant OF the Office; Of such charac-
ter have been all the assassinations
Of our presidents.
In no case was there any animosity
against the president personally.
Wilkes Booth had none, Guiteau spe-
officially disclaimed any. and Czolgosz
has declared from the beginning that
he aimed at the officer and not at the
man.
No effort has been made to bring
such assaults under the head of trea-
son, that crime being well defined by
the constitution. Moreover the death
penalty is imposed whether the presi-
dent is killed or not. Under the milder
section of the proposed law, where
the penalty is a mere fine. will come
written or spoken threats against the
life or person of the president, always
providing that the incentive for the
threat is dissatisfaction with his Of
fetal acts or policies
Another feature OF the legislation
which will be recommended 10 con
grcss for the protection of the prvsi
dent is a provision for furnishing ac-
cesories before the fact; as advisors
OF or assistants in the crime. This is
calculated TO reach the anarchists
After the president has been assault
ed, II II can be shown that there were
associates who counseled the assault
.or helped TO perpetrate IL. they will
be held TO an equal responsibility with
the direct assailant.
Il is expected that congress will
give early attention to the proposed
law for the punishment OF assaults
upon the president either in or out
.of its regular order The death of Pres
ident Mckinley has aroused a wide
spread popular demand for such legis
lation, and though there will doubt
less be considerable argument on it's
constitutional phase. no serious oppo-
sition is anticipated. The attorney
general will undoubtedly make some
recommendation to the president, and
this will be reflected in his message.