PAGE TWO.
THE CAPITAL JOURNAL
SATURDAY, FEBRUARY,.
Amendment Restoring Capital Puuishment
Differs from Present Law in Only One Point
There la only one essential differ- stantial evidence. Bperie shows
cno between the proposed taw reetor- that the average Jury is chary ol
lug eepltai punUhmont In Oregon op- sending any man to the gaHow Ct
oa which the people of the stats will the operation of thla pru-e
vote ixxt May and the old law author- i amendment In only the clear and iflag-
Jjslng the death penalty la Coree prior
to 114. aeoordiag to the sfflnnalire
argument on the measure prepared by
the legislative committee and whir
rant cases will the Jury fall to r scorn
mend life Imprisonment.
rwerrrnt Hfects.
t ...nUh cold-blooded murder
with death mUuraBy haa tendency to
waa fHed with the secretary of atate'B , , tK ,.Mm f that crime, be
office tor publication to the official cauaJ eveB the hardened criminal will
voter's pamphlet today. This differ-1 eoalB consideration to the cm
ne to found In tie tact that under : ejueocea of the deed he contemplate,
the proposed new law tt la made op- an- to BUCD a one the prospect of a
tfanal with the jury as to whether the lerra prinon Is not a serious hln
desth penalty shall be Imposed tor first drMMS to the operation of his erlmlna'
degree murder or the penalty shall be propenalttes because he is sure of bu
imprisonment for life. The argument mana treatment, of provision for his
which la prepared by State Senator B. phyBlclll neea, and has before him al
t Eddy and Representatives David B. way tne possibility of pardon or pa
Lorgrea and K. K. Kubli le a lengthy TO,e u weI1 M 0f escape. But one of
and exhaustive one of more than ISO tb aiwtt deterrent effects of the death
words and will occupy two page In perUkjty as against life Imprisonment
the official pamphlet. A similar space to parhaps seen fn that subtle result
has been alio tod to the negative argu- piio sentiment which brands
ment on the measure which has not mur4er a peculiarly heinous ot
yet boon filed. (ense t0 De peculiarly punished, and in
The argument in tail follows: calling for the supreme eondera-
Sonats Joint resolution No. I pro- naUon f the iaw, and not to be pun
poses to amend the constitution of the tahed ln tne mme manner as other
tale of Oregon by striking out the offRn8ea The psychological effect of
amendment adopted in 1914, which thln upon tne mnda of the young munt
aboltahed capital puntstsient, or the of tha greatest deterrent value. We
death penalty for crime, and provided Baturftlly come to rate an offense as
that the maximum punishment which rious in proportion to the weight of
may be inflicted shall be life imprison- tha penalty. Statistics upon the ei-1
mem. ana oy adding a now provision, , -ecta of canifal punishment laws are
namely, that the penalty for murder In
the first degree shall be death, except
when the trial Jury shall in its verdict
recommend life imprisonment, in
which cam the penalty shall be life
imprisonment.
The proposed amendment is easily
understood. Let us remember the
crime with which we are dealing. Mur
der In the first degree Is defined in the
Oregon erimlnal code as follow? i
any person purposely, and of deliber
ate and prednmitated malice, or in the
commission or attempt to- commit any
rape, arson, robbery, or burglary, kill
another, aueh person shall be deemed
Kuilty of murder in the first deem."
We suggest that those who are unac
quainted with this definition, and who
are disposed to vote against' capital
not of great value, because so many
elements enter in which are not dis
closed by figures. For example, there
are waves of crime even In stable pop
ulations, and In other populations the
influx of immigration may be an im
portant factor; legislation as to intoxi
cating liquor has a great effect, as
where liquor has been banished, and
new disturbing causes are not operat
ing, crimes of all kind hare decreased.
Economic conditions are considered to
cut an important figure. Many other
causes may be more or lees in opera
tion to unset psychological conditions
in given territory during a given
time. Statistics do not disclose these
thing. However, in passing we men
tion that Aschaffenburg, an European
writer on "Crime and Its Repression,"
punishment, read it again, ami hn ....... .... j ... . i,i
-1 , . - I it 1 1 M WIIU IB "HI OJl UlllUlUlU Wl t.ai7.ti
- " emmeiiis axe mentally
Braspsd. The proposed amendment
lias nothing to do with the act of one
who slay hie fellow in the hsut of
passion, or who is mentnlly Incapable
of deliberation or premedlatlon and
not in the act of committing another
serious crime. It is proposed to affix
a suitable penalty to deeds such as
that ot the murderer Johnson who
with deliberate premeditation and
malice, and In cold blood, slew his
benefactress Urn. Freeman, who haa
lu-ocured his parole from prison. We
assume that the memory of that case
In In the minds of all whn win
these words.
fcffi of Amendment, '
Prior to 1JH the constitution cou-i
lnlud no decimation upon the subject
t capital punishment, but the legisla
ture had power to prescribe nnd did
prescribe the punishment of death for
murder fn the first degree. It was the
purpose and effect of tho amendment
f 114 to take this power from the
legislature. The amendment now pro
posed will amount to this, that when a
Jury finds a person guilty of murder In
the first degree, tho punishment shall
he doath unlem the Jury shall reoom
mend life imprisonment, and then the
penalty ahull bo life Imprisonment.
Thla gives the Jury a power which It
did not have when capital punishment
was formerly In force. This new pro
vision nivalis that the Jury shall have
the constitutional power to soy, In ef
fect, thiit because the defendant is con
victed on circumstantial evidence, or
thr-ra la a possibility that there was
lrjtirtr testimony, or hecutwe, the
character of the defendant appeuis to
be aueh that ropeutauue mid reforma
tion are reasonably assured, or that be
cause of any other reason, the ends of
Justice will be Hutiafled and society
HiifNulently protected by life imprison,
ment. Of course the Jury will not be
required to Elvo any reason whatever
for its recommeuilallon of the leswr
IN'ually. This throws a Kreut safe
Kuanl nrotind the Inflloiion of the
leth penalty, and should satisfy the
writples of those, for example, who
point out Hint occasionally an Innocent
I'lau has been haim.'U upon clrcnm-
HIGHLAND
GROCERY
Geo. W. Stoner
Phone 496 ' 74G Highland Ave
12 Bar Cream Oil Soap. . $1.00
1 Gal. Corn Slad Oil .... $2.50
50 lbs. half ground Salt 60c
50 lbs. Dairy Salt 75c
1 lb. Royal Club Cof fe 50c
3 lbs. Rqyal Club Coffee $1.40
5 lbs. Peanut Butter $1.00
1 Ton Straw $12.00
l'B&le Straw 75c
100 lbs. Carrots ...$1.25
100 lbs. good Wheat $1.00
" 1
100 Iba. Early Rose Spuds..$5.00
100 lbs. Wild Hay $1.00
punishment, states that statistics in
Oormany show tliat the. number Of
those condemned to death decreased
somewhat, while In Belgium, without
enforcement of ' nuptial punishment,
capital crimes Increased. These sta
tistics were gathered before the great
war. It would seem if statistics could
have any value it would be in settled
population such as Germany and Bel
gium had prior to 11114.
Little need be said of the importance
of protecting society against and re
lieving the public of the support of
those dangerous criminals whose char
acters show them to be beyond the
reach of human reformatory influ
ences, and whose restraint amounts to
no more than holding in lensh danger
ous beasts who may at any time breaK
away. For these, when convicted of
murder In the, first degree, the aver
OKe Jury would rightly make no reconi'
mendatlon of life imprisonment, ami
yet as our constitution now stands the
lives of these are spared and other
lives are thereby placed In jeopardy.
A genorally happens In human affairs
In the modern reaction against the
harsh laws and brutal treatment of
the accused In former times the pen
dulum has swung too far. We need
to recover sound Judgment and avoid
the excesses of sentimentality.- ,
Opposing Arguments.
Three classes of arguments some
times heard against the death penalty
might be roughly denominated, respec
tively, Christina, psychological, human
Itariun. Those advancing the first ask
now a t.hnsimn can advocate me
death penalty, w hich seems contrary to
the teachings of mercy set forth by
Jesus Christ. Jesus condemned pri
vate vengeance, not the vengeance of
the civil law. Ucsldts, a Christian ac
cepts the Old Testament as well as the
New. Some seem to have forgotten
that when human government was es
tablished under Noah and his sons.
(lod onUilned that "Whoso shedileth
man's blood, by man shall his blood he
shud." lien. 0:6. This has never been
repealed. It was not a Jewish ordi
nance. It watt promulKated centuries
before there was a Jew on earth, ami
was for alt mankind.
The psychological argument (not
advanced, however, by sound psychol
ogy! Is that all criminals arc simply
mentally sick and should be cot.Mled
and cured, not electrocuted. Those who
have practically dealt with crinn. su
there are three classes of criminals:
(1), the meatal defective who la dan
gerous; (2) the wilful sad wicked mis
creaant, and (1) the careless yeatfi
who unintentionally develop into a
criminal. The first eiasa should b
treated, but wbea tt la proposed, for
example, te sterilise them, aa great a
protest arises as if It were proposed to
bang them. If treatment can reach
them well and good. If It cannot, yew
many wish their loved ertes exposed to
even the remote possibility of their
criminal outbreak T The second class
must take their punishment for rea
sons already set forth. Tka third clas
appeals to men's sympathies every
where, and juries nay be depended
upon, under this proposed amend meet
and the humane administration of our
criminal laws to deal lightly with the
individual cases as they arise.
The humanitarian argument Is that
the mere Infliction of the death pen
alty is brutal in Itself, and that some
times there Is a miscarriage of Justice
and an innocent man suffers death.
The proposed amendment leaves the
method of Infliction of the penalty to
the legislature, and under modern
methods the brutality is largely re
moved. As to the possibility of a mis
carriage of Justice, under the discre
tion given the Jury, as already explain
ed, this can be reduced to practically
sero. Even under the old law the
chance of an innocent man hanging',
nu compared with the chance of a
guilty man , escaping, war about as
one to several hundred.
been taking their turn with sickness.
The Keene family Is all right now,
but they had quite a siege of the epi
demic too.
Mr. Blaeabttnt and family are the
prond possessors of a new Buick
four. ' -'
George Thurmaa was a Portland
visitor Thursday.
Mrs. Palmer Is some from a couple
of weeks stay in galem. where she
was taking care ot her daughter who
J been qotta Ml.
Mr. and Mrs. J. C Savage were
Wacoada visitors Wednesday.
Mrs. W. P. "Vlnyard. who has been
in eastern Oregon for about a month
visiting; ber daughter, returned home
Tuesday.
The Wacenda school has bee eloo-
ed for a few days until the general
sickness subsides and more children
are able to attend.
Mr. and Mrs. Henry Stafford at
tended a party in Gervais last week.
Mrs. George Harkee spent the
week end visiting friends in Dundee.
Mr. and Mrs. Black of Pirtle were
guests of the Blackburn family Wednesday.
Mr. and Mrs. Frank Matthes and
son. Merle, had the discomfort ot all
being sick at the same time. They
are all up and around again now. and
feeling quite well.
Henry Lamb is also one of the new
auto owners of this part of the
country, having purchased a Chevro
let sometime ago.
Mr. and Mrs. Mryan Goodenough
spent Sunday in Salem visiting
friends and relatives.
The Ladles Aid society which was
to have met at Mrs. Thurman's last
Wednesday, was postponed until fur
ther notice, on account of sickness
in the community..
Waconda
Waconda, Feb. 28. As is almost
every other city and viUage in the
country. Waconda aiaa tn tu
having his share of sickness.
Frank Hagenauer has been con
fined to his bed for a couple of weeks
and is still very weak, but we are all
nupmg ior nis early recovery.
Mrs. Timm and family have also
Hospital Drive
To Be Helped.By
Workmen Of City
Presence of all members of organ
ized labor and other worklngmen not
affiliated with unions, at the special
meting called for :3ft p. m. Sunday at
the Labor Temple, that fuil expression
.tll)MMMMMMMM IMMIMIHHIMHIH'
Extra Spicwll
SHOES
Two lots of Low Heel, medium wide toe, Bus
ter Brown Shoes for Women and Girls, mostly
button in patent, kid and gun metal. There
is real service served up in these shoes and
we are closing them out at a price that bears
absolutely no semblance to real shoe value.
FIRST LOT,
2 1-2 to G
SECOND LOT,
2 1-3 to 5 1-2
.$2.85
$325
pATARM 9
Pot head or throal
Catarrh try the
. (Vapor treatment-.
VICRS VAP0RU
p,YOV BOOYOVABO" aO'.07TT 2j
&
m
L.M.KUM
ears sf , '
YickSaTcsz
Chios MsdUla ad Tea Cm.
Ha edlia whisk will tar gay
knows dlmtrt.
Opes EaadtTS frost 10 A, at
atU IF, M.
151 Boats Hija St
flaisaa. Oregon. Phone 111
and as a Preventative, take LAXA
TIVE BROMO QUININB Tablets
Look for E. W. GROVE'S signature
on tha box. 30c. (Adv)
DRAPBIES 1
MADH TO OHDEB TO Tit
YOUR WINDOWS
CSlHAOLTON
140 Cosrt Srset
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SUNDAY
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ELMM
TK2ATRE
of views regarding the participation of
labor in the Salem genera hospital
fund campaign, is urged in an an
nouncement made by L. J. SImeral,
president ef the Eaiem Central Trades
and Labor Council, Saturday.
Organised laborers who have been
interviewed relative to their feeling to
ward the hospital campaign have ex
was tried on the conspiracy indiot
Mr. Staierol expects that such a feeling
will permeate the speci.U meeting
Sunday.
Plans for the participation of work
men In the campaign wiU be laid at
this meeting.
nm'ir .
Permission ;a . .
em Pacific Terming , JT
construct ceruin SJW '
and switches at g. Ca
27th street ar.a Wl ;
of Portland in ao or, i. '
JOURNAL WANT ADS
i : m i
Ox
Have You Seen
These
Modliers
SUITS
t
If) i - M
For golfing, motoring and walking, there
ins that can take the place of a Wool Jersey suit t
We have just received a wonderful assortment of
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are in the straight semi-tailored styles with nar- i
row belt of the material. There is certain to b 3 1
great demand for these suits so you will be wis
in making your selection early. The prices are sur-
prisingly low. -.
This popular material is also used most effectively in some of the new Spring Dresses now
being worn. For indoor wear, you will find them most satisfactory and as attractive as can be.
I.(S
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MMM
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TUESDA Y
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