Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-12-25

itdl punishment III Iowa VIII undOupe-
eddy be introduced in the legislature
this winter The hanging of Joseph
Smith. negro, at the Fort Madison
penitentiary this year and the fact
that Busse, the wife murderer, is still
alive though the date for his execu-
ton has been fixed five times, have
revived talk of doing away with the
death penalty in this state Iowa
abolished capital punishment in 1872
but revived it again in 1878.
Members of the legislature were
recently asked by the The Daily Cap
ital If they favored abolishing capital
punishment i'll this state Five MEM
bers have replied in favor of doing
away with the death penalty. They
are Senators Young of Manson. Sena-
tor-elect McElveen Of Charlton and
Representativeselec Mix OF Union.
Berry of Henry and Bergeson of Palo
Alto.
Fourteen members have expressed
themselves as opposed to repeating
the law; Senators Crossley of Win
terset, Jackson of Sioux City, Stirton
OF Monticello, Representatives Dow
OF Franklin, McAllister of Linn and
Representatives-elect Brandes Of Pot
taWattamie. Jewell of Wfnnesniek,
Reaney of Louisa. Bonwell of Audu-
bon, Kelley of Polk, Alfred Of Wayne,
White of Story, Clarke of Jefferson
and Swift of Shelby. Their members
left this question blank on their re-
plies.
BY action of the courts and the
state executives the death penalty
has already been practically abolished
IN Iowa. The hanging of Smith last
April was the first legal execution in
Iowa for eleven years. Governor
jackson was the last governor to flx
date for execution of condemned
men until Governor Cummins acted
on the Smith and Busse cases. The
other governors, Boies, Drake and
Shaw. committed to life Imprisonment
| the sentence of all murderers con.
demned to death during their terms.
susse Gets Postponsment.
Louis Busse, wife murderer. has
been given new lease of life through
the intercession OF the Justices of the
supreme court with Governor Cum
Minis
The date for his execution has been
liked for the fifth time, for Jan. IL,
l9o7. But in the meantime hearing
mas been granted by the governor on
the question of Communication of the
dealh penalty to life Imprisonment,
on Jan. 3. 1907.
On the 18th the children of Busse
and his sister and brother aocompan-
lea MS attorney, e. A. Dawson. when
the latter appealed to the governor
lot Communication of the sentence or
Tor postponement of the date for the
death penalty. The children are a
boy aged 10 and a girl aged 8, and
they mingled their tears with those
of their aunt and uncle, suffering a
grief SO genuine that 1t is believed
they fully realize that the shadow
of the gallows had fallen upon them.
and what it all meant, even back to
the horrible tragedy which deprived
them of mother and suspended a
moose above the head of their father.
And the same morning personal plea
from Busse found it's way through the
mails to the governors desk.
Five of the supreme judges have
recommended to the governor the
communication of the death sentence
to Imprisonment for life. The judges
have acted in their Individual capac.
ity. The reason assigned for the rec
"mmendation is the fact that upon the
appeal from the Judgment of convic-
lion the court divided evenly, three
OF the judges holding that there mad
been fair trial and three holding
that there had not been fair trial
of the accused
In view of this division. it is felt
that it would be contrary to public
policy to execute the sentence Of
death.
The remaining Judge recommended
simply that the fact stated in the
foregoing should have most careful
consideration.
Upon this showing Governor Cum
minis felt that this former conclusion
ought to be reviewed, and in order
to give the attorneys who represent
the state on the trial in the district
court an opportunity to be heard he
postponed the execution
Safety coupIers on Snow Plows.
Even snow plows must be equipped
with safety coupling devices so
Judge Mcpherson of the federal court
holds in sweeping decision. The
government has preferred charges
against the Muscatine North &
South railroad. alleging that the com.
pany has failed to observe orders of
the interstate comm cree commission
in regard to the afflxing of safety
couplers on snow plows used last
winter. 1t was commended that snow
plow does not come within the mean.
ing Of the term freight cars" Judge
Mcpherson holds otherwise, however,
and the railroad will probably be sen.
fenced to pay fine of 500, as that
was the amount attached to the Mil
waukee for violations Of the same or
der In this particular case the snow
plow was driven by a switch engine.
lowa's Big Corn Crop.
With an increase Of 42,477OSO bush.
els over that of last year, the corn
crop of Iowa again FORCES to the front
! with one of the largest yields on rec
ord According to the annual crop re-
| port of Director John R. Sage of the
Iowa crop and weather service, Iowa's
| corn hins this wear are bullying with