The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-05-26
TRUE MEASURE OF DUTY.

There has come to public notice with
in short time past, two instances
showing exactly opposite measures of
duty Not long ago, murderer IN
Oregon was sentenced to death under
the laws of that State. Governor West,
however. proclaimed that he did not
believe in capital punishment, and that
he would not allow the convicted man
to he hanged according to the iudg-
ment Of the court, thus substituting his
personal opinion for the law and dc
featiug its operations. Yet it is the
law Of Oregon that that man should
have been hanged. 1t is also true that
Governor West took tho oath TO sup
port and enforce the laws Of his State;
but when the occasion arose in this
case for him to obey his oath Of office,
he disobeyed it, announcing an opinion
Of his own, which, in his judgment, ap-
parently excused him from the per
formance Of his sworn duty. We do
not see how any official can thus ex.
cuse himself. If he has conscientious
scruples against obcying the law Of
his State, he should certainly not ac-
that he will obey and enforce those
laws. Governor West of Oregon Ger
tainly violated his oath Of office, and
In his determination to have his own
way and disobey the law. he has di-
rected that the question of capital pun
ishment shall be submitted as refer
endum to the popular vote of his State
Governor West may salve his conscience
by this evasion, but that he has vio-
lated his oath OF office in this respect
there can be no doubt
Tho other ease was in Massachusetts
Governor Foss of that State also dis
believes in capital punishment, but he
has taken m oath to enforce the law.
Rlcheson, the pastor who poisoned Avis
Llnnell, was found guilty of murder in
the first degree and sentenced to
death. Governor Foss was importuned
earnestly and increasingly for long
time to interpose and save Richcson
from the electric chair He was ap-
pealed to in behalf of his own disbelief
In capital punishment; he was also APP
pealcd to on sentimental grounds. But
Governor F6ss stood firm, holding that
his personal opinions had nothing to
do with his oath Of office where he
was sworn to see that the laws are
faithfully executed, And so Richeson
went to the death chair, the Governor,
whose opinion is against capital pun
ishmeut, refusing to interpose in his
behalf.
Here are two cases where like con.
ditions prevailed in all the essential
points. The two Governors agreed in
their personal opinions against capital
punishment. In the one case, the Gov
ernor allowed his personal opinion to
interpose against his oath of office;
IN the other case the Governor refused
TO do that, but held his oath of office
to be superior to his personal notions.
There can be no two opinions as to
which Governor took the proper course.
Governor Foss of Massachusetts, showed
himself faithful to his oath of office,
and as Governor willing to sink his
personal opinion and obey the law.
Governor West took precisely the op-
posite course, and is to be condemned
as lawless official, who having sworn
to obey the law, refused to do so be-
cause the law did not conform to his
personal opinion. When public Off
cials do as Governor West did in this
case, there is introduced into the Gov
ernment condition of anarchy which
goes far to excuse such lawless organi-
cations as seek to undermine or over
throw the authority OF the State.