The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-02-03
DEFECT IN DEATH
LAW POINTED OUT
Bar Wants Saving
Clause in Electrocution
Act-May Free Several.

Washington. Feb. %.--Many mem
bers Vt the district har were of the
opinion last night that President Taft
would refuse to sign the amendment
passed NY congress. substituting cleo
trocution for death by hanging in first
oesree murder cases, provided under
section Sol of the district code, until
a saving clause has been written into
the amendment. excluding from the
application of the now law those cas-.
es which have already been disposed
or by the courts and now await exccu.
tion OF the imposed sentence.
n amendment of the section, as 1t
passed the house and senate and has
'ess sen. TO the president; reads:
murder in the first degree shall be
death by c~lactrocution. The punish
ment OF death must. In every case. be
inflicted by causing to pass through
the body of the convic a current Of
electricity Of sufficient intensity to
aus death. and the application Of
such current u he continued until
such convict is dead. $50
Convicts Might Escape.
AS o as the president places his
signature to this measure. Il is point
ed out. the penalty Of death by hang
ing would be abolished in the District
OF Columbia. and the power to infict
such penalty would be taken from
the warden of the district Jail. AS
the prisoners now awaiting the death
penalty were sentenced under the old
law. and received the imposition Of
their sentences in a former term OF
court. the judge who imposed tho sem
tence is precluded from changing his
sentence to make it accord with the
new law.
Consequently, it is said by some
members of the legal fraternity. with
the Judgment of the court abolished,
1t would be impossible to execute these
prisoners. and equally impossible to
again bring them to trial. 1t has even
been suggested that they might,
through writs Of habeas corpus. OBJ
tain their liberty.
Saving Clause Needed.
Though announcing that he had not
read carefully the amendment adopt
ed by congress. Attorney A. S. WORTH
ington said that no understood that
the amendment lacked a saving clause.
Under such conditions. he added, he
did not think that it should become
law until it has been amended to in
said. cannot sentence a man. since
that is the function Of the courts
With the power Of the warden to hang
abolished. he added. no mar could he
hanged in the district. The amend
ment needed, he said. would require
but a slight change in the form of the
as it now stands.
Senator George Sutherland of Utah,
who introduced the bill. which, in
amended form, passed both houses OF
congress. when asked for an express
sion of opinion as to its effect upon
the prisoners now under sentence to
hang, said that he was o familiar
with the bill as it finally passed. Sem
Sutherland said that he simply
Il measure permitting q
jury in the District of Columbia to
der cases. When the bill was .lken
up for consideration by the senate
district committee. he said. the cleo.
%trocution feature was added.
Sutherland FavOrs Amendment.
When his attention. however. Was
directed to the fact that the measure
as 1t now stands apparently becomes
effective as soon as signed by Presi-
dent Taft. Senator sutherland admit
ted that it apparently, would abolish
death by hanging and preclude :he
administering of such punishment to
the prisoners under sentence in tl.o
district Jail. He said that the presi-
dent should. were this the case. send
1t back for amendment.
Asked If the law applied to the adj
Indicated cases would it not be pos
sible for a prisoner under sentence to
hang to- sue out a writ of 'habeas corr
puS and thus gain his freedom. he said
that on first thought he was of ;he
opinion that such a procedure might
be followed successfully.
Four Awaiting Hanging.
-Four prisoners now in the district
Jail have been sentenced to hang for
tirst-degree murder. They are Tony
Miiano, William Sabens. Samuel w.
Rauen, and Andrew Gonzales. a negro.
They were tried and sentenced in prior
terms of court. the current term hav-
ing begun only on Tuesday. January {.
1t is a rule of law that a trial judge
cannot alter his sentence after the