The daily journal. (Salem, Or.) 1899-1903, 1902-07-31
Mr.. LEE
EXPLAINS
POSITION
Says Mere Finding of Body Is
insufficient
Interesting Question Raised
About Reward

In reply TO the story that appeared
in The Journal Wednesday evening.
and in further explanation of the posi-
ton he takes in the matter OF the pay.
ment OF the reward for the return of
Merrlls body, Superintendent Lee of
the state penitentlary, today made the
following statement:
Should the precedent be established
that the accidental body-fnder is en-.
titled to the same recognition and re.
ward that the one is who. at the risk
OF life and limb, really captures a des.
perado then certainly heroism would
be greatly discounted Such a de.
cision would be very cheering to the
first class, but extremely discourag
ing to the latter
THE fact that the chase for Tracy
in the state Of Washington has taken
a different phase, rests upon reasons
I need only refer to the fact that Wash.
ington has a much larger reward out
no capture was made In proof of this
I need only refer to the fact that Ore.
gon has a much larger reward out
than Oregon.
THE clamor for the lavishlng of
money, where no legal or moral claim
exists II needed, would betray care.
lessness in the handling of public
funds, lack Of intelligent discrlmina.
tion as 10 the demands Of justice. and
would thereby beget a distrust Of fair |
treatment on the part of the really de.
serving. Such action. | must confess.
might deter men from taking the risks
Of a dangerous chase.
ALLOW me to explain why | say no
legal nor moral demand exists for
payment Of reward for the capture Of
Merrill The legal aspect. learn from
the attoneygeneral OF the state and
the equitable side get from common
sense and common Justice.
"The spirit and intent of reward
for the capture Of desperate fugitive
Is that fearless men may be compen.
stated for the risk OF life and limb they
take for the benefit Of society Some
times the capture Of the outlaw can .
only be accomplished by his death.
hence the condition dead or alive. The
accidental finding Of a body is I'm no
true sense a capture. Consult Web.
ster II any doubt exists.
THE editorial you quote yesterday
says: " Mrs. Waggoner had killed
him CMcuilD there would have been b
no doubt Of the legitimacy Of her Il
claim Certainly not But she did
not The killing of Merrill by Mrs
Waggoncr is an item OF considerable
magnitude in the case. II oyershadows G
all other considerations Il would have
have made her a heroine. and unaue..
tionably deserving Of the reward. She
would have met the conditions In their
fun spirit and intent.
but she returned the body. II is j
urged, Yes and for that the state
proposes TO pay her. We do not know
What claimants may yet come In for Il
he reward for his killing. R
'Of course, the return OF his body q
vas desirable, but the mll benefit OF
hat has been greatly diminished by a
ew circumstances of which / do not q,
low care to speak" =,
Who Audits the BnI9 o
An Interesting question has been 9
PRESENTED In connection with the con. =
royersy that has arisen over the pay.
lent of the reward for Merrll's body.
Is this. Upon whom does the audit. 4
lg and allowance OF the claim for the .
eward deyolye, Some contend that IL I
up TO the secretary OF state. as aud. u
ing officer of the state. 10 allow the =
lain the same as any other bin
sainst the state, On this question a
alem special to a Portland paper has
he following:
In all the discussion that has taken Gu
lace regarding the payment OF the -
"ard Tor the return OF the body OF ~
onvict David Merrill. those taking -
interest In the matter have pro. "a
.eded upon the theory that Superin. ="
ndent Lee, OF the penitentiary. or "
lVenor Geer have money with H'
hlch 10 pay the reward Such is not -
e ease Neither OF them has any '"
.blic funds with which to pay re. ~
ards, nor can the money be secured ~
rough any other than the usual chan. -
ls-by hling a claim with the secre- -
~ OF state and securing a warrant -
on the state treasurer. The secre. ~
~ OF state Is, therefore. the state -
icial who will finally pass upon the =.
after before it reaches the courts.
.e state authorizes the superintend a.,
OF the penitentiay 10 ofer re. IN,
.fds. but no specific provision is -.
'de for payment A.
According to the statutes. and a M n,
NJ decision OF the supreme court. the
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