The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-11-27
THE GOVERNOR MAY BACK DOWN
CHAMBERLAIN, Of Oregon Is Doubtful In
Opposing Remedial Legislation.

SALEM, O., Nov. 25.-It is now
considered probable in official circles
here that Governor Chamberlain will
voluntarily retreat from his position
of opposing other than tax remedial
legislation at the special session called
for December q and will officially rec
Ommend the enactment of law which
will render possible the punishment of
Pleasant Armstrong for the murder
of Minnie Ensminger.
The fact that it seemed illegal to
intiict the death penalty, as present
laws conflict, was brought to Gov
ernor Chamberlain's attention through
the opinion of Attorney
Crawford. The state executive gave
the matter grave consideration and it
is thought his views as to the proper
course to pursue will be set forth in
his message to the Legislature when
it cOnvenes in special session.
1t is pointed out that the only man
ner in which this can be carried out
is to re-enact the old law and draw
it up in such a way that the amend
ment providing for the execution of
condemned prisoners at the penitenti
airy, will go into effect Immediately af-
ter Armstrong; execution.
Should the governor adopt this
course it is held by politicians that
those who have given him their
pledge to consider nothing but tax
remedial legislation would be released
from such obligation and the way
would be paved for the transaction of
other business and the consideration
of other matters.
The mandate, sent to Baker county,
where Armstrong committed his crime
and where he is now in Jail, by AttOr-
ney General Crawford, has been Or
dered returned her. This step was ia
ken because of the fact that the su-
preme court has not yet wholly dis
posed of questions of fact concerning
the trial and the alleged right of Arm
strong to a rehearng.
The recall of this mandate, which
was done by telegraph, was hurried
crafty it is claimed, by knowledge OF
the fact that attorneys for Armstrong
were prepared to at once institute ha-
beas corpus proceedings to secure the
liberty Of their client on the ground
that the law under which Armstrong
was condemned was no longer opera
tive. and he could not be hanged under
the provisions Of the new law, not in
existence at the time he committed
his crime.
1t has been contended that the legis-
lature could not pass a law under
which a person, who had committed
crime before it was enacted, could be
punished but this is disputed and
case of similar nature is cited as
precedent. A few years ago an emer-
gency, almost identical to this case,
arose in the state of Washington,
wherein IA criminal cases were involv-
ed AS in the Armstrong case, the
punishment laws Overlapped, and |
there was no law under which they
could be punished, but special ses-
sion of the Legislature was called and
a law passed to meet the emergency
The opinion, which was rendered by
Attorney General Crawford last week,
held that the warrant Of execution, IN
the Armstrong case, had been issued
under the old law, and that the new
law, providing that all executions
should take place at the penitentlary
was ex-post facto in this case ana IN
effect that there was no law under
which Armstrong could be executed.
This opinion and its effect when pup
lished created no little sensation IN
official circles, for it was not known
that such a state of affairs existed
and quite a little stir was occasloned
in the process of stopping proceedings.