Daily capital journal. (Salem, Oregon) 1903-1919, 1914-11-16
death PENALTY MAY
Be DONE AWAY WITH
Latest Returns Indicate Cap
ital Punishment Has Been
Abolished in Oregon

According to figures published in a
Portland paper of yesterday, which
however, are unofficial, the indications
are that the bin providing for the abol.
ishment of the death penalty in this
state has been adopted by a small ma.
jority with the returns from MalheuI
county not in. If this is the case, in
the opinion of Attorney General Craw.
ford and other legal authorities, Lloyd
H. wilkins, sentenced to hang Decem
Der 20 for the murder of Lou Winters
in Portland year ago, and John i.
Pender, sentenced to hang on Novem.
Der rs for the murder Of Mrs. Daisy
Wehrman and child at st. Johns last
year, viii escape punishment altogcth.
er and will 60 scot free.
Both of these men were indicted
tried and convicted under the old stat.
ute of murder in the first degree and
received their sentences to be executed
under the provisions Of that statute
According to Attorney General Craw.
ford, If the constitutional amendmen,
providing for the adjustment Of the
death penalty, were adopted by the
people at the last election. il will be
of effect as of midnight of November
3, and, since the new law does not spe,
Critically prescribe a penalty for first
degree murder and Wilkins and Pender
have already been in jeopardy for their
alleged crimes, they cannot be retired
under the new lew, executed under the
old law or re.sentenced under the new
law, hence there will be nothing to dc
but to turn them loose.
Under the new amendment TO the
constitution, If il has been adopted. the
death penalty is not only abolished ia
cases of murder in the first degree, but
likewise in the case of treason, os pro.
vided for in article one of the consti.
tuition, which win also be repealed by
the new amendment. The new amend.
ment provides that no penalty in ex.
cess Of life imprisonment shall be in.
thcted IN any event but, as the consti.
tuition provides, that all ex post facto
laws nre expressly prohibited, thu
amendment is not retroactive in its ef
fects and will not cover the eases oi
wilkins and Pendcr. Attorney Gener,
al Crawford also states that, in his
opinion, since the new amendment pre-.
scrbcs no penalty for murder in the
first degree and that, until the legisla.
ture meets and provides specific
mode of procedure under the new
amendment, anyone committing mur.
der between the time of the going into
effect Of the constitutional amendment
and the act Of the legislature fixing a
penalty for first degree murder cannot
be indicted for greater crime than
second degree murder.
Governor West would offer no com.
mcnt upon the subject of the effect of
the new amendment in the cases of
wilkins and Pender except to express
wondCrmcnt upon the travesties Of ius
tiee and the action e the people upon
proposed Legislation Of this character.
He cited the instance of the measure
which was drafted by him and nut be
fore the people at the election in 1912.
which prohibited capital punishment
only in cases Of murder in the first de-
gre and did not alter the constitutional
provision prescribing death for persons
Found guilty Of treason against the
state and limircd the power Of COVER
nors to grant pardons and renrieves
which was turned down by them, and
now this constitutional amendment
comes up. which was not his bill and he
had nothing to do with it, and the poe.
pie supported it, and this bill not only
abolishcs capital punishment in first
degree murder cases but also in cases
OF treason.
There are siS counties which have
not sent In their official returns 10 thi
secretary of state and until these are
all In the exact status Of any Of the
measures voted upon at the last cleo
tion will not be known.
Earlier returns indicated that the
bill had failed of enactment by few
hundred votes, and IL was generally
giNon up by its supporters as lost.
So the change In the totals came as n
surprise, though pleasant one, to
them.
Complete returns from all the coun.
ties except Mulheur give the following
vote on the measuroi
For adjustment of death penalty 9S,07l
Against .',,.,,,.,,,,.,,,, O6,BfO
--=-----
Majority for ,...,,,,,.,,.," 2BS
incomplete returns from Malhcur
county Indicate that that county will
give a favorable majority TO the meas.
nrc, increasing the majority by which