The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-03-07
CAN'T HANG OLE C.
OLSON FOR FORTY
DAYS
Attorney General Douglas
Expresses the Opinion That
the Stay of Execution
Granted by Judge McClen-
ahan Will Run for the
Time Named.

Chief Justice Start, Attorney General
Douglas and Gov. Van SAINT, CONSTITUTE
ing the state pardon board. held
short conference yesterday and dis
cussed informally just where the board
was at in the case of Ole c.. Olson,
whose execution was delayed yester-
day by Gov. Van SAINT issuing a re-
prieYe until March 20.
There was some question Thursday
as to whether Judge McClenahan, who
issued forty days stay, had the pow
er to grant the order staying the exc
cution. Gov. Van SAINT was advised
Thursday afternoon that under the law
he, as a member of the pardon board,
was the only one who could grant a
reprieve in the Olson case, and he ac-
cordingly took such action.
Yesterday Attorney General Douglas
received a letter from Judge McClen-
ahan stating that the stay which he
had granted In the Olson case was bas-
ed on section 1886 of the General Stat
utes of 1894. The section reads
when an appeal is taken, it shall
not stay the execution of the judg-.
ment, unless an order to that effect is
made by the judge who tried the cause
or judge of the supreme court"
The application made by the attor-
ney for Olson was for a new trial on
the ground of newly discovered evil
dence tending to show that Olson was
insane at the time the murder was
committed and is now insane.
After the conference held by the
pardon board yesterday afternoon, At
torney General Douglas said
Thinks Courts Stay Will Hold.
"On the question of whether Judge
McClenahan had the power to grant
stay of execution in the Olson case,
would say that my conclusion is that
while there is no specific statute gov
erning this case, yet it is implied that
the court has power: First, to enter
tain motion for a new trial Second
as an incident thereto, that it could
grant stay of execution. The statute
clearly authorizes the trial judge to
stay execution before an appeal is
taken, and after an appeal has been
taken or, is determined, the supreme
court is authorized to stay the execu-
uCn. L think the stay granted by
Judge McClenahan will run for the
time for which he granted it unless it
is modified by him"
Under the opinion of the attorney
general it is not at all likely that the
case of Olson will be taken up by the
pardon board at its meeting March IA.
as Gov Van SAINT announced Thurs
day. The case is now before Judge
McClenahan, who is to hear a motion
for new trial. In the event Of the
motion being denied by Judge McClen-
ahan, there is still left to the attor-
ney for Olson the right to appeal to
the supreme court from the ruling of
the lower court.
| All this will take time and until
Judge MqClepahan has disposed of the
case and an opportunity has been Civ
en-, in the event of an adverse decision
to Olson, to appeal to the supreme
court, the pardon board WILL not take
part in the proceedings.
Another application for the pardon
or communication of OIson's sentence
may be made to the pardon board, but
| it will not come before the body until
the motion for new trial in the lower
court and an appeal to the supreme
court has been decided and reviewed.