The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-01-26
Sheriffs Want a Change in
the Law.
TERMS OF THE BILL
10 Be Presented Provides for All Execu-
tions to Take Place at the State
Prison.

Radical changes in the methods Of
conducting legal executions will take
place if the bill of Representative
Donaldson of Lewis and Clarke be-
comes a law. 1t will require that
all executions hereafter take place at
the state penitentiary instead Of be-
ing performed by the sheriff of the
county wherein murder occurs.
1t provides that when Judgment Of
death is rendered, warrant signed
by the judge and attested by the clerk
under the seal of the court must be
drawn and delivered to the sheriff. 1t
must state the conviction and iudg-
ment and appoint a day on which the
Judgment is to be executed which
must not be less than thirty nor moe
than sixty days from the time of
Judgment, and must direct the sheriff
to deliver the defendant within ten
days to the warden or contractor of
the state penitentiary at Deer Lodge
for execution.
me Dill amends section 2247 of the
penal code to provide that no Judge.
court or officer other than the gov.
ernor can suspend the execution of
Judgment of death except the warden
or contractor who can only do so
under the specifications of an amend.
ment to section 224S, which provides
that if after judgment of death the,e G
is good reason to suppose the defend
ant has become insane, the ward en-
or contractor of the penitentiary may
with the concurrence of the iudee
OF the district court of the district
OF which Deer Lodge county is a part.
summon from the list of Jurors select.
ed for the year jury to inquire into
the supposed insanity and notice
must be Immediately served on the
county attorney of the county.
A certificate of the findings of the
jury must be signed by the jury and
warden or contractor and filed with
the clerk of the court of Deer Lodge
county. II it is found that the de-
fendant is sane, the execution Of
judgment must be carried out. but if
IL is found that he is insane the war.
den or contractor must suspend tho
execution until he receives a war;
rant from the governor or from the
Judge of the district court of Deer
Lodge county directing the execution
OF Judgment. If the finding is til It
the defendant is insane, the warden
or contractor must at once transmit
the finding to the governor, who may,
when the person becomes sane, issue
warrant appointing a day when the
Judgment of death must be carried
out.
If there is good reason to suppose
that a woman, against whom judg-
ment of death has been rendered
is pregnant, the warden or contractor
of the penitentiary, with the concur
renee of the Judge of the district
court of Deer Lodge county, may
jury of three physicians
to inquire into the supposed preg-
nancy and notice must be given to the
county attorney of Deer Lodge county.
If it is found that the woman is not
pregnant the warden or contractor
must execute the judgment of death.
II it is found the woman is pregnant,
the warden or contractor must sus-
pend judgment of execution and
transmit the findings of the inquisi-
tion to the governor. When the gov
ernor may become satisfied that the
woman is no longer pregnant he
may appoint day on which the exc
cution must be carried out.
It is provided that an execution OF
the death penalty must take place
within the walls of the peniten.iary |
at Deer Lodge. The warden or con-
tractor must be present at the exc
cution and must invite the attend
ance of physician, the attorney gen.
eral of the state and at least twelve
citizens to be selected by
him and he shall at the request of
the defendant, request the attend
ance of such priests or ministers, not
to exceed two, as the defendant may
name and any persons, relatives or
friends, not to exceed five as may be
named by the defendant, to be pres
ent at the execution, together with