The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-21
lAWYERSSBEK
DEATH PENALTY
FOR MURDERER
effort 10 Enact Capital Pun
ishment Law in State to
Be Made Again

Another effort to enact law pro
giding for capital punishment will
be made at the next legislative ses-
sion.
In report prepared for prescn.a-
ton 70 the state bar association az
its meeting in uinot September .
and s. committee Of the assocla-
ton recommends another effort -
establish the extreme penalty Tor
murderers.
The effort 10 pass such a law at
the 1927 session failed after hot
controversy between its sponsors and
opponents. 1t was backed al that
time BY the state bar association and
introduced in the legislature under
its chaperonage.
Four other bills. providing for
changes in the administration OF
criminal law. all Of which we're beat
en- at the last session. also Will be
presented for consideration next
year il the bar association approves
the committees report.
Commenting on the need for the
restoration of capital punishment.
the committee expressed the opinion
that crime conditions have not
reached the point in this state where
il is safe to do without the restrain
ing influence Of the extreme penal
ty.'
The statement is made that in
recent years North Dakota has be
come an inviting field for the oper-
atoms Of the professional criminals
Of the couhtry. They are men who
will not ESTATE to take human life
as means t. promote their protes-
SION
Define Conspiracy
Among other bills 10 be reintro
duced next year is one which will
redefine the crime of criminal con-
spiracy to .,rovide that it shall be a
felony for persons to consplre 70
commit an act which il committed
would constitute a felony. Under
the present definition Of this crime.
all conspiracies. regardless ct the
character Of the act conSpired to be
done, are misdemcanors.
Recommendation for the creation
of a state board Of criminal identi
fication and investigation also is re-
viewed. The measure provides for
4 state bureau Of Identification and
investigation consisting Of the gov
ernor, attorney general and the war
den Of the state pcnitentiary. Tho
bureau would be authorized to ap-
point q director Of the bureau of
criminal Investigation. who in turn
may appoint three deputies and a
clerk. The powers Of the bureau,
given in the language of the bills
would be as follows:
1T shall be the duty Of the dircc-
tor Of the bureau and Of deputies
acting under his supervision to in
vestigate such felonious crimes conf
mitted in this state as shall be as
signed to the bureau by the attorney
general, for the purpose of detecting
and convicting the perpetrator. Such
director and his deputies shall
possess all the powers of police Off
GERS anywhere in the state.
"Thcy will cooperate with the
police officers of the various count
les and cities Of this state and with
the police and peace officers of other
states in apprehending and arrestirg
fugitive criminals charged with the
commission Of felonious crimes. 1t
will also be their duty to prevent the
commission Of crimes by tracing. To-
eating or arresting yeggs, burglars,
hold up men, robbers and transient
and professional criminals as far as
possible, to protect life and property
from criminal acts"
Clerk Has Charge
Under the rules set forth in the
measure, the clerk would, under the
supervision and direction of the d.
rector Of the bureau, have charge of
the office and establish and maintain
files necessary for the efficient con-
duct Of the bureau.
There has been 4 good deal of
discussion throughout the United
States recently upon the necessity
OF reforms in criminal law and GRIM
NAL procedure. and the Importance
OF improving the machinery that ex-
,sts for the administration of GRIM
inal justice" the committee said.
Most OF the discussion has GEN.
tered around questions of trial pro-
cedure and punishment of criminals
and little consideration has been Civ
en- to the problem of improving our
methods Of preventing crime and
experimenting criminals"
The other two recommendation
made by the committee urge creation
OF . new statutory crime to be known
Is Aggravated Assault and Bat
terry" and the creation Of a jury
commission to serve in lieu of the
present system in selecting persons
qualified for jury service.
Proposal is made that in cases of
aggravated assault and battery the
penalty shall consist of q fine of not
more than 81 900 or imprisonment in
the county Jail for not more than one
year or both.
This change is needed to take
care of that class Of assaults where
grievous body harm is intended or
inflicted without the use Of a dan
gerous weapon" the committee said.
Our neighboring states of Mon
tana, South Dakota, Minnesota and
Iowa have long ago passed similar
statutes to care for this class of
crime" The recommendation are
signed by George r. Shafer, attor-
ney general and chairman Of the
committee.