Capital journal. (Salem, Or.) 1919-1980, 1920-01-16
BILL
RESTORING DEATH
PENALTY IS PASSED

While senator Smith Of Josephine
and Senator strayer esisesod the ser
ate "Wednesday afternoon adopted the
snhstitu. /. sill presented 5y &c bolt
cisry co,rinittee prof'si u f'r the res
tcrauon Of the deau. pels.ty in u.egoa
for the rr. mes Of treaspa and niHder
in the first degree with a provision
whereby the trial jury in presenting its
verdict may recommend life imprison-
rneat instead of hanging.
The bill takes the place Of one intro
dnced Monday and sponsored by rs OF
fhe 2s members of the senate. which
provided for the restoration of tne
death penalty with no alternative upon
conviction Of treason or first degree
murder The resolution involves a
constitutional amendment and must so
10 a vote of the people next May If
passed by the house.
Houston Is Opposed.
Senator Houston in opposing the
substitute bill declared that II would
serve only to destroy the purpose Of
capital punishment which was primar-
lily 10 put the fear of God" into the
heart OF the would-be criminal.
''Under this bill no one will ever w
hanged in Oregon except, perhaps, in
tiises OF great Stress" declared Hous-
ton, who insisted that the fact would
soon become known to the criminal
class and take away any fear of hang
ing that might otherwise be instllled
into them.
Senator Banks declared that he was
not so bloOd-thirsty as some of his col
leagues. Il believe he stated, that
life imprisonment is greater punish
ment than the death penalty" The
governor. he insisted should be strip
ped OF his power TO pardon convlcts
sentenced to life Imprisonment who
should be compelled to serve out their
sentence without hope OF executive
elemency.
I'VE are going at this problem back
ward" Banks insisted. Il would rath-
or that ten thousand guilty men should
escape than that one innocent man
should be put to DEATH"
Death "Not Deterrent"
Statistics" he continued, "show
that murders are greater proportion
ately in states which have capital pun
ishment than those which do not He
pointed TO the Centralia armistice day
murders In Washington, state which
has a provision for the death penalty
TO prove that the prospect OF the gal
lows will not deter a murder from com
mitting crime. The people of the state,
he concluded would defeat the measure
as originally introduced If II ever
came up for their action at the polls.
Sentiment was strong throughout the
state for capital punishment, he ad-
mitted. but the people of the state were
not so blood-thirsty as to deprive the
trial jury from recommending leniency
should he circumstances, as developed
al the trial, be such as to Justify such
a recommendation"
Senator Handley declares that he
had been consistently opposed to capt.
tai punishment but that IL 1t should be
restored In Oregon he wanted Il with.
out any complicating provisions which
would permit the Jury virtually to pass
the sentence In rendering its verdict.
II was just as easy for a jury to find
a man guilty Of second degree murder
and subject to life imprisonment. he
insisted, as it would be to find him
guilty OF first degree murder and rec
ommend a sentence of life imprison-
ment. The substitute measure, he de-
clared was merely camouflaged move
In an attempt to attract votes.