Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-26
Authority to Hang Condemned
Prisoners Questioned.
CONFLICT IN LEGISLATION
Appropriation Bill Changes Designa-
tion of District Jail.
LIMITATION ON THE COURTS
Matter Which Is Giving Concern
to Officials-Two Coming Ex-
ecutions Involved.

District officials are wondering whether
| legal authority Is vested in any one in the
District 10 execute prisoners, and the in
| lection of new feature in the situation
/ today gave the question still more
puzzling aspect
The query has been raised whether,
| under the law combining the workhouse
and Jail. prisoner can be by any court
sentenced to that institution to be ex-
, ecuted.
\ comparison of the law included in the
| last District appropriation bill, creating
| the institution, and of certain sections OF
| the criminal code for the District, shows
an absolute lack of authority for the SEN
fencing OF prisoners to the institution for
execution, it is claimed by number of
officials. who are giving the subject con-
| siderable study
Quotations From the Law.
The law in the appropriation bill cover
ing this feature reads as follows:
THAT whenever and wherever authority
| or law exists to sentence, commit, order
| committed or confine any person to OF
| in said jail or asylum. said authority
shall, on and after July 1. 1911, be eXer-
cised by sentence commitment. order OF
commitment or confinement to or i'm said
| Washington asylum and jail
| This Is limitation on the courts. it is
| claimed, inasmuch as it failed to provide
| that persons may be sent to the Jail fol
| execution.
The sections of the criminal code. which
! are said to have a bearing on the situa
| ton are the following:
! Section 119S. whenever any perso,
confined in the Jail is adjudged to suffe
death, 1t shall be the duty of the warder
to carry such duty into execution.
Section 300 Persons adjudged to suf
| walls of the jail of the District. OF with
in the yard or inclosure thereof, and no
elsewhere
omits Sentences for Executions.
/ The Jail was merged into the institution
known as the Washington Asylum and
Jail, but it is declared that the legisla
ton. bringing this about failed to pro
vide that persons should be sentenced tc
the asylum and Jail for execution. 1t is
claimed that there is no authority vested
in any court for directing that a Grim.
lnai be executed at the new institution
nor any place at all designated by Law
where executions may take place.
Since there is no JAIL known as such
the criminal code. it is suggested. fail.
TO stipulate a place where execution.
4 shall take place. while the law estab
fishing the Washington Asylum and Jail
designates about every purpose that i
may be used for with the exception Of
) providing that criminals may be SEN
{! there for execution.
The situation is one of the most con
fus1ng that has arisen in years in the ad
ministration of justice in the District ane
! officials of the local government are Civ
ing no little thought to ii.
> n@c;o1e - r,rfa-
i 1t was learned today that a conference
in regard to the matter already has beer
held by Engineer Commissioner Judsol
and Corporation Counsel Thomas, while i
), is likely that others will follow before tn,
time arrives for the execution of Matti,
f. LomaN and Arthur Johnson, Novem
Der -.
Corporation Counsel Thomas. it i:
known. has made certain recommenda
i tions to the Commissioners, but thes,
i have not been made public. Commits
j sioner Judson today stated that he Is sat
/ isfied the law is ali right. He added tina
the executions will be performed whcl
1 the time arrives.
i Louis F. Zinkhan. superintendent of tn,
4 Washington asylum and Jail, is not, how
! ever, as confident as is the Commissioner
! Mr. Zinkhan said that If counsel of th'
! condemned prisoners do not take steps Il
! have the meaning of the law made clear
he will do SO himself before the time ar
i rives for carrying out any executions.
I The opinion of District officials is al
/ most unanimous that the law lis incom
! pete and does not provide for the eNecu
/ ton of prisoners at the Washington asy
! lum and jail.
| Mai sylvester. chief of police. woul,
| not discuss the matter. other than to sa,
that in his opinion grave doubt eX
lists as to exactly what the law provides
\ prominent legal representative of tn
District government expressed his un
qualified belief that no authority exist
by law for the execution of prisoners a
the asylum and Jail
Views at Department of Justice.
The situation is attracting the atten
tion Of officials of the Depa rtment o
Justice, where. it is said, there is di
versity of opinion Is to what the Law
provides. Several prominent representa-
tives of the department however, TAX
the view that the law is faulty
One of the confusing features of tn
situation is whether Matte j.. Iona
and Arthur Johnson. who were sen
fenced to die in the old Jail at the hand
of the warden. prior to the combining
of the workhouse and JAIL can be legal
ly executed at the Washington asylum
and jail by superintendent.
| Ii is learned that plan TO settle al
ambiguity that may exist In the law, ant
, supply certain features said to be neces
sary by amending the Ian, has been sug
gested.
Both yesterday and today the question
OF whether the law provides for the hang
ing of persons in the District was tn'
principal topic OF conversation at th'
| district building. A number of Wash
ington lawyers are taking an interest II
the question. as it presents some OF the
most unusual legal features probably eve
| injected in matter concerning the admin
istration of justice in the District.
Test Of Law Certain.
The District Commissioners may de
eide to take no steps on the theor! that
the law is clear and provides every needed
| feature 1t is regarded practically as GER
tain. however that a movement or move
ments TO test the law will emanate else
| where The outcome is waited with nc
little interest, as 1t may lead to a post
ponement Of the executions set for No
| yember 70 and the amending or or eutire
| repeal of the law.
Edna May Blows Up.
/ NORFOLK Va, September 26.-Th,
| a.so,;ne steamer Edna MAY plying be