Daily capital journal. (Salem, Oregon) 1903-1919, 1907-01-07
HOLLY ROLLER
MURDERESS FREE

with regard TO the deportation phase
OF the matter Root does. however,
eypres doubt as 90 the propriety of
adjudgln- q legislative act void.
Makes Escape Easy.
Coming as q does at time when
the people Of the western part Of the
state are yltaliy Interested In the out
come OF the trial OF Chester Thomp-
son for the murder OF former Judge
George Meade Emory. who Is MAX
ing insanity his defense. this opinion
of the supreme court has been re-
celycd With much comment Of q
varying nature Briefly It Is the
opinion OF those who have to do with
criminals and their punishment that
this ruling opens O wide door to those
charged with crime. for all that
seems 20 be necessary 10 avoid pun
lshment Is to have lunacy commits
sion called and have the defendant
declared insane.
The majority opinion states briefly
the events leading up TO the calling
OF the commission. and also what
happened while the commission was
IN session II states that the only
time the representatives OF the prose-
cutting attorneys Office we're not al
lowed to be present at the proceed
lngs was when certain examinations
OF a private nature were being made,
and Il seems to hold to the opinion
that the occasional presence OF Judge
Fratcr was all that was necessary.
At the time the commission was
called there was much adverse COM
ment. and the King County Medical
Society took cognlzance Of the de-
clslon declaring the woman insane.
condemning the act OF the physicians
on the commission and Judge Frater
for his part In the proceedings.
It IL probable that as soon as the
necessary formallties have been gone
through. Esther Mitchell will be taxi
en- to stellacoom.
The application OF Prosecuting At.
torney Macintosh. OF King county,
for a writ to restrain Judge Frator
from signing the order finding the
woman insane and ordering deporta.
tlon, Is the basis Tor this action.
The dissenting opinion H a strong
prorogntivcs OF a jury with regard TO
criminals The opinion, signed by
Justice Mount and concurred IN by
Justice Fuller. follows;
THE Dissenting Opinion.
~ concur IN the conclusion reached
By the majority upon the second
question decided but think the writ
should issue upon both questions. II
IL be true that section $500. Balllup
or's code. applies 20 this ease. and
that respondent has Jurisdiction to
determine che question OF the pr,s-
ent Insanity Of the accused lndepeud
ont of the crime charged then that
section ptescrlbcs ihc character of
the trial that should have been fol-
lowed 10 does not authorize the APP
poiutmeut of commission to try
the question. aud the court therc-
fore had mo- authority to appoint
such commission Tho procedure
adopted may hr an error which can
not be- reviewed upou this applica
tion, because the state may rcylew
the error hy writ Of review or by
appeal UNDER the last clause of SUBJ
division e.. OF section 5000, Ballng-
er's code II va the application should
be- denied upon that ground. and not
unon its merits ~ the accused was
insane at the time the alleged crime
was committed the question OF sani-
ty Is then tried by Jury upon the
general issue t695e, second Balling
cr codel This has been the uniform
practice In this state from the begin
ning. The majority opinion seems
TO place the lnhcreut power OF the
court above the statute and makes a
new practice in this state lu this
class OF eases. think the sections
above referred 10 are not subject GA
the criticism that they do not AFFORD
due process OF law II they are sub
jeot TO such criticism then no Insane
man can he adiudgcd Insane because
he oannot be informed OF the nature
OF the accusation against him. and
therefore cannot be tried az AN. In
my opinion the writ should issue as
prayed MOUNT. c. J..
4 concur ia tho oplnlon reached
by the chief justice
FULLERTON. j."
Justice Root expresses his opinion
as follows;
Justice Roots Opinion.
Il concur fully with the majority
as TO the trial courts rights 20 ap.
point the lunaey commission ana ad.
iudse tho two women insane. Re