The evening herald. (Klamath Falls, Or.) 1906-1942, 1920-01-13


should be for It's protection and for
/ that reason | am Buhmitting to you
at this tlma some recommendations
/ relative TO our criminal and rcnpl
ccdes which trust will have your
muvt careful consideration,
I Because OF series OF dastnrdly
homicldal offonses distinct public
( sentiment hus developed that the
people OF the state should once more
he given an opportunity to pass upon
! the question OF the restoration OF
capital punishment and that thore
should be no unnecessary delay In
bringing this question before the
electorate,
Because of this urgency ! am taxi
! Ing the liberty of suggesting that
the matter of repeating the present
constitutional inhibition on capital
punishment and enacting such u
mcndments to our organic law In
! that regard as may be deemed prop
er, he submitted to vote Of all OF
| the people of the state at u special
election be held In connection with
the regular primary elections on Fri
day, May 81, OF this year.
At my request the attorney gener-
n, has examined into the legality OF
holding such special election on pri-
mary day. He advises me, that after n
thorough examination OF the law, he
Is satisfied such an election may be
held without fear of jeopardizing the
validity of such constitutional amend
ments or statutes as may be enacted
\ at that time. He advises further,
however. that to legalize such an
election would require a special leg
islative act.
TIE attorney general has called at
tuntion to the fact that following the
abolition OF capital punishment by
the enactment OF constitutional al
amendment to that effect, the legis-
la'ure repealed n number OF statutes
which provided for the carrying out
OF the death penalty for commits
sion OF certain crimes,
As a result, he points out, to mere
I ~ deal with the constitutional phases
OF the question would not again place
capital punishment in actual opera
ton. To meet the situation he has
suggested that the legislature, ut this
session, re-enact those old statutes
| or replace them With others. BY the
legislature pursuing this course.
whatever statutes might be enacted
would become effective at such time
as the people remove the constitu-
tionai inhibition against the death
penalty.
| While Il Is a matter solely for legis-
lative determination, would be op-
posed to the calling OF a specral elec-
4 ton TO be held upon any other day
/ than primary election day. To hold
such an election upon any other day
would entail an expense OF approSi-
nately $l0O.o00o0 or possibly more
Held upon primary day the election
machinery used for the primary cleo
tions could be set under way for the
special election and the expense to
the state would be nominal at the
most.
Criminal Legislation.
! While touching upon the question
OF capital punishment ] feel II incum-
bent upon me to further mention
some phases OF criminal legislation
which deem OF such urgency as TO
warrant your serious thought. These
recommendation also deal with the
safety of the lives OF our citizens and
consequently are of paramount i'm
sportance.
Py watching the operation Of he
parole law of 1919 with a careful
first hand survey am satisfied that
its provisions are such, in many pa
ticulars, as TO have a tendency to-
ward placing the lives and persons ot
our citizens in jeopardy.
| wish TO respectfully recommend
that your body so amend the parole
law that It's operation will be 5Is
pended and that Il cease to furcrion
entirely as to all persons con ict"d
q, comm .ssion OF the grever crimes
against the person. In my opinion the
law should be SO amended that flat