Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-24
MAY HALT HANG|NGS
Abolition of Place of Warden
Raises Question.
SITUATION A SERIOUS ONE
Doubt if New Law Confers Power
to Execute on Supt. Zinkham.
LEGAL ADVICE TO BE SOUGHT
Twelve Prisoners Now Are Waiting
Trial on Charges of
Murder.

With two persons in the District Jail
under sentences of death, one waiting to
be sentenced to similar fate and twelve
to be tried on murder charges. the
startling situation has developed that.
under the law. there may be no provision
for the execution of criminals in the
District.
The question is regarded as so serious
that unless steps are taken by counsel
to determine the validity and meaning
of the law the superintendent of the Jail.
1t was stated yesterday. will take the
matter up of his own initiative. Either
course may lead to postponement of
the executions. should the law be de-
clared to be invalid.
The trouble is the outgrowth of the
Jail and workhouse having been combined
under the title of the Washington Asylum
and Hospital. Under the old law execu-
tions in the District had to be performed
by the warden of the JAIL The legisla-
ton providing for the combining of the
Jail and workhouse stipulated that the
head of the new institution should have
the title OF superintendent but made
warden
Problem Is Perplexing.
With the law providing that executions
shall be performed by the warden of the
Jail, but the District possessing no such
official, the question of how to dispose Of
criminals condemned to the gallOws
promises to become one of the most un-
usual and perplexing ever raised in con-
nection with the administration of justice
in the District.
supt. Louis F. Zinkham of the
Washington Asylum and Hospital ad-
mitted yesterday that he is giving the
matter no little attention. He expressed
the hope that there would be court
decision which would eliminate all doubt
concerning the law before the time ar
rives for the execution of any OF the
prisoners.
Former Warden Thomas II. Mckee.
who was succeeded by Supt. link
ham June 80 last. when the Wash
ing Asylum and Hospital came into ex-
istence. stated that, In his opinion, the
situation is a very confusing one.
The Department of Justice, 1t is learn
ed, IS interested in the matter. An Of
fetal of the department stated that, ac-
cording to his view OF the situation.
District to execute prisoners condemned
to die.
Legal Point at Issue.
One Of the legal points involved, 1t IS
said. is whether the old law was repealed
by the one that created the Washing
ton Asylum and Hospital. The new law
provides that the duties Of the warden
shall be vested in superintendent. In
view of the fact, however, that 1t did
not repeal specifically the old law, it is
claimed that the provisions of the lat
ter are still in effect. If this is the case
there Is no warden to carry out the pro-
visions, and Mr.. Zinkham is not apt to
execute a prisoner until he finds out,
whether. in the capacity OF superfntend-
ent, he is required to do SO.
The two prisoners who are under SEN
tence of death are Matte Z. Lomax and
Arthur Johnson. November 20 having
been set as the date for their execution.
Whether the tangle over the law can
be Strengthened out before that time is
not known. but. in view of Mr.. link
what is required of him. 1t is believed
to be likely that he would refuse to carry
out the executions until the law has
been construed by court
The situation is without precedent In
the District, and it is doubtful if any
more unusual has arisen in connection
with the operation of the legal machinery
of any state.
Many Awaiting Trial.
The number of prisoners waiting to be
tried on murder charges is the largest
that has been confined in the District
in several years. Should the new la1
be declared to be invalid it would re-
quire congressional action to straighten
out the matter. but there is little ikeli-
hood that the executions of any prisoners
other than the two sentenced to hang
November 20 would be delayed
To what extent the matter has re-
ceiyed attention by the Department of
Justice is not known, but 1t Is said
that certain officials of the department
have given it considerable study.