Capital journal. (Salem, Or.) 1919-1980, 1920-02-28

Thers Is only one essential differ
snce between the proposed law restor'
ing capital punishment In Oregon up
ON which the aeople Of the STATE viii
vote next May and the old law author
izing the death penalty In force prio'
TO 1919. according to tho affirmative
argument on the measure prepared b5
the iegislatipe committee and which
was filed with the secretary OF states
office for publication in the offieia
voters pamphlet today. This differ
enoe Is found In the fact that under
the proposed new law 1t Is made op'
tionai with the jury as to whether the
death penalty shall be imposed for firsl
degree murder or the penalty shall be
Imprisonment for life. The argument
which Is prepared by State Senator B.
L. Eddy and Representatives David Z.
Lofgren and K. X. Kubli Is lengthy
and exhaustive one Of more than 1900
words and will occupy two pages in
the official pamphlet. A similar space
has been allotted to the negative argu-
ment on the measure which has not
yet been filed
The argument in full follows:
Senate joint resolution No. pro-
poses to amend the constitution Of the
state of Oregon by striking out the
amendment adopted In 1914, which
abolished capital punishment, or the
death penalty for crime. and provided
that the maximum punishment which
may be inflicted shall be life hnprison-
ment; and by adding a new provision,
namely. that the penalty for murder In
tho first degree shall be death, except
when the trial Jury shall In its verdict
recommend life Imprisonment, in
which case the penalty shall be life
Imprisonment.
The proposed amendment is easily
unaeretood. Let us remember the
crime with which we are dealing. Muir
der in the first degree Is defined in the
Oregon criminal code as follows. ~
any person purposely, and of deIiber-
ate and predemitated malice, or in the
commission or attempt to commit any
rape. arson, robbery. or burglary, XIII
another. slieh person shall be deemed
guilty OF murder In the first degree"
We suggest that those who are unac-
quainted with this definition. and who
are disposed TO vote against capital
punishment, read 1t again, ana bo srre
that all Its elements are mentaljv
grasped- The proposed amendment
has nothing to do with the act of one
VINO Stays his fellow in the heat of
passion. or who is mentally incapabie
OF elaboration or premediation and
not IN the act of committing another
serious crime. It Is proposed to afrix
= suitable penalty to deeds such as
that OF the murderer johnson who
with deliberate premeditation ana
malice. and In cold blood. slew his
benefactress Mrs. Freeman. who mar
procured his parole from prison. we
assume that the memory OF that case
Is In the minds of all who will read
these words.
Effect OF Amendment,
Prior to 1914 the constitution CON
tanned no declaration upon the subject
oh capithl punishment, but the legisla-
tnre had power TO prescribe and did
prescribe the punishment Of death for
murder In the first degree. II was the
purpose and effect of the amendment
OF 1914 to take this power from the
legislature. The amendment now nro-
posed will amount to this, that when n
Jury finds a person guilty OF murder IN
the first degree, the punishment shall
ne death unless the jury shall reoom-
mend life imprisonment. and then the
penalty shall be life Imprisonment
rhis gives the Jury power which IL
"id not have when capital punishment
was Formerly In force. This new pro-
vision means that the jury shall have
the constitutional power 10 say. in ef-
fect. that because the defendant is con-
Hicied on circumstantial evidence, or
there Is a possibility that there was
per1urvf testimony, or because tina
character OF the defendant appears 70
he such that repentance and reforma-
sion are reasonably assured, or that be-
-""sV VI alS otiler reason, the ends OF
Justice viii be satisfied and society
snfHoiently protected BY life imprison.
meat OF course the jury win not be
requind to give any reason whatever
ior It's recommendation OF the les,-r
penalty. This throws a great safe
suard around the lnfliction Of the
death penalty, and should satisfy the
scruDles OF those, for example. who
point out that occasionally an innocent
man has been hanged upon oircum-