Bismarck daily tribune., 1903-04-20

nh, now hanging law is one in
-,,ob there is considerable interest
,hrorgh the state and the Tribune
herewith presents the full text of the
bill:
nuovrDING FOR ALL EXECUTIONS|
AT STATE PENITENTIARY.
IS B. No. se-Johnson.)
=. A., peen,ue the Mode Of Inficting the
AZ nsath Penalty; Designating the Warden
=, tho North Dakota Penitentiary Exc
or,,oner. Prescribing That the Death
penalty Shall Only Be Inflicted Within
tha Walls Of the North Dakota Peniten-
tary; How Execution May be Suspended
and Amending Sections 1905 and S30s, or
the Revised Codes OF North Dakota OF
1899.
BE II enacted. etc:
Section l. The mode Of inflicting
tbo punishment Of death shall be by
hanging by the neck until the person
is dead: and the warden Of the North
Dakota penitentiary, or in case OF his
death inability or absence, deputy
warden shall be the executiOner; and
when any person shall be sentenced,
by any court of the state having com
petent jurisdiction, to be hanged by
the neck until dead. such punishment
shall only be inflicted within the walls
Of the North Dakota penitentiary at
Bismarck. North Dakota, within an
enclosure to be prepared for that pur-
pose under the direction Of the warden
of the penitentiary and the board OF
trustees thereof. which enclosure shall
be higher than the gallows. and so con-
structed as to exclude public view.
Sec. 2. All executions Of the death
penalty by hanging shall take place
according to the provisions of this act
and on the day designated by the
Judge passing sentence, but before the
hour of sunrise Of the designated day,
and the warden or deputy warden ex-
ecuting the sentence shall receive for
his services twenty-five dollars, which
amount shall be in addition to other
compensation allowed said warden or
deputy warden by law.
Sec. 3. When a person is sentenced
to death, all writs for the execution
of the death penalty shall he directed
TO the sheriff by the court issuing the
same. and the sheriff of the county
wherein the prisoner has been con
yicted and sentenced, shall, within the
next ten days thereafter, in as private
and secure manner as possible to be
done, convey the prisoner to the North
Dakota penitentiary, where the said
prisoner shall be received by the war
den. superintendent or keeper thereon
and securely kept in close confinement
until the day designated for the execu
ton, and the sheriff must ciso deliver
TO the warden or other proper officer
a certified copy Of the judgment ant
warrant to execute, as described II
section S305, and take from the warder
or other proper officer, a receipt for tht
defendant and make due return there
OF TO the court; and the sheriff shall re
ceive for conducting the prisoner sen
fenced to death to the North Dakot'
pnitentiary, the same fees and mile
age from the county where the convic
.on was had that Is provided by Law
Tor the conducting Of other prisoner
sentenced to the state penitentiary
when duly approved by the board o
county commissioners Of said county
Sec. a. Besides the warden and sue
number of guards as he thinks nee
essary, or his deputy, the followin
persons may be present at the exect
uon, but none others: The sheriff O
any county in the state, the board Q
trustees and physician of the Mort
pakota penitentiary. the clergyman
attendance upon the prisoner. an
such other persons as the prisonee
may designate, not exceeding Ave /
number. representatives Of the new!
papers In the county in which tn
crlme was committed, and one n
porter from each newspaper publishe
III the city Of Bismarck, North Dakot'
Sec. 8. Unless a suspension OF tn
vAecution be ordered by the governo
sne warden or deputy warden sha
proceed at the time and place name
IN the warrant, to cause the prisone
sentenced to be hanged by the nee
uatil he be dead; and Of the manne
=, mis- execution Of the warrant an
n's doings thereon, he shall fOrthwit
make returns to the clerk of the di
nics court OF the county from whenf
.ne prisoner was sentenced. who sha
.ecord the warrant and returns In tn
record Of the case.
Sec 6. The body OF the execute
person shall be returned to the FRIEND
.hy ~ any county in the state for buria
.aat they may request in writing.
made on the warden the day befol
th he DAY set for execution; providin
.hat all expenses for the transport
noh and burial shall be borne by II
person or persons making such r
S. tuest. II no such request is mac
Darial is to be made under the supe
,.sion OF the warden or other prop
oncer Of the penitentiary.
oc. Z. II the accused escapes aft
,,ssh'ence, and be not retaken befo
be tne time fixed for execution, he m
,",, e re-arrested and committed to Il
ia ;s'l OF the proper county. and the she
" snail make return thereof to u