, 1905-01-25
DEATH PENAETY y
| At STATE PRISON
PROVISIONS OF IMPORTANT BILL
INTRODUCED BY SENATORS
scHNITGER AND scHWoos.
Legal Executions to Occur In Peniten.
.atiary, In Room Especially Fitted
Up by State Board. Of Charities and
Reform, and Before sunup Of Day
Fixed by Law.
Special to The Republican.

the important measures introduced al
the present session Of the legislature
none are receiving more attention
than senate file No. 6, "a bill for an
act concerning the execution of the
death penalty, prescribing the time,
place and manner of inf1icting the
same, the place of confinement after
sentence and before execution, defin.
ing who shall be the executioner, and
the duties of various officers in con,
nection Herewith" introduced by Sen.
ators Schwoob and Schnitger on the
21st, ordered printed and referred to
the committee on the judiciary. The
bill consists of eighteen sections, the
last declaring that it shall take effect
and be in force from and after its pas
sage.
Section l of the bill is as follows:
Section l. When any person shall
be sentenced to be hung. the execution
shall take place within the walls of the
state penitentiary, as hereinafter pro,
vided, before the hour of sunrise upon
the day appointed therefor, which date
shall not be less than thirty days after
the date of the sentence; and the war
den of the state p~enitentiary, or in
the case Of his death, disability or alb.
sence, his deputy. shall be the execu-
TONER"
Section 2 provides that the death
warrant shall be issued by the clerk
of the district court in which sentence
lis pronounced, commanding the war.
den Of the %penitentiary to carry out the
orders Of the court.
Section 3 provides that the condemn.
ed prisoner shall be taken from the
county Jail Of the county in which sen
tence was pronounced to the p%eniten-
tiary, to be kept until the day Of the
Execution, and in section 4 are explic-
1t directions for his keeping. Section
Is reads as follows:
The execution shall take place in
1 sue Vie "dllS VI ~ StntS PVhitShtioiy ,
and within a ROOF to be arranged or
an enclosure to be erected for that
purpose under the direction Of the
warden or other proper authorities OF
said p~enitentiary, which or en-
closure shall be s. arranged or con-
structed as to exclude the gallows
from the view Of all persons outside
thereof. Before the first execution
takes place after the passage Of this
act under the provisions hereof, the
state board of charities and reform
shall provide a suitable room or en-,
closure within the walls Of said peni-
tentiary for the execution Of persons
sentenced to suffer the death penalty,
and erect therein and at all times
have in preparation all necessary scat,
folding, drops and appliances requisite
for carrying into execution the death
penalty"
The following persons are authorized
by the act to witness the execution:
THE warden and such persons as may
be necessary to assist him; two ply
sicians, including the prison physi
clan; the spiritual advisors Of the pris
oner; the penitentiary chaplain, the
sherif of the county where conviction
was had, and any Of the relatives OF
friends of the prisoner whom he may
request, not exceeding ten in number
No provision is made for reporters.
Provision Is made for the execution
of the sentence of the court after a con
demned man has been re%captured aft
er escaping, the proceedings under sus
pension Of sentence or respite, to per
NIT the commencement Of proceed
ings in error and other legal forms Of
delaying the execution. There Is also
provision for proceedings in case Of
the condemnation of a woman under
certain conditions and providing fol
an investigation Of the statement oil
facts leading up to them.
The sheriff shall be allowed his act
ual and necessary travelling expenses
incurred in transporting prisoners un
der sentence Of death to the stats
%penitentiary n the warden shall be
paid $50 for carrying out the sentence
of the court. The body may be claim
ed by relatives or friends, but II not
lat shall be buried in the ordinary man