Olympia Moves to Outlaw the Insanity Defense — and Gag the Press on Murders

Olympia, Feb. 9. — With almost half of the 11th session of the Washington legislature gone, the record of laws enacted includes only five bills signed by the governor, four of which carry appropriations.

One appropriates $85,000 to defray general legislative expenses; one appropriates $10,000 for legislative printing; a third appropriates $1,617 for the insurance commissioner's office, and another a seal for the same office, while the fifth continues appropriation for the Alaska-Yukon-Pacific Exposition.

The senate has passed 18 senate bills and the house has passed 27 house bills. The senate has received 111 new bills and the house 203.

The two main issues of the session, local option and anti-racetrack gambling, however, are well along, and by taking them up early in the session the legislature has made more actual progress than is apparent on the face of things.

The anti-racetrack gambling bill has passed both houses, but the emergency feature is still unsettled. The local option issue last week consumed two days and one night of the house sessions, but did not reach final passage. Efforts will be made to dispose of it in both houses this week.

The house seems certain to pass the McMaster local option bill without material change, but there are no sincere predictions that the measure will get through the senate in its present form.

Unique Provisions in Code. With the anti-racetrack and local option bills out of the way, interest is likely to settle on the new criminal code. The code commission has submitted a draft of the proposed code to the senate judiciary committee, which is likely to eliminate many provisions and perhaps add a number.

The commission's suggestions cover a wide range. Comparison with existing statutes reveals that of the 300 sections of the code as submitted by the commission, 130 are wholly new, while a large number of old sections are broadened in scope.

The new code has a provision which is unique in the United States. Under the operation of the proposed law, insanity, idiocy, imbecility and criminal propensity at the time of the commission of the crime cannot be made a defense. There is no other state which has such a provision in its criminal code. It is designed to prohibit the common plea of insanity as an excuse for murder and other crimes.

The effect of the proposed law is to take from the jury the power to consider insanity as a plea for the defense. The court may appoint a commission of alienists to examine the defendant, and if the defendant is found insane the trial will not proceed. If, on the other hand, the court decides that the defendant is not insane, or was not insane at the time of the commission of the crime, the trial will go on and the defendant is barred from making any further plea on that ground.

Muzzling the Press. Several of the drastic features of the Graves bill, which was defeated in the legislature two years ago, are contained in the new code. Under the section relating to prohibited publications, the new code makes it a misdemeanor for any newspaper, magazine or any printed publication to give a circumstantial account of the commission or attempted commission of any criminal homicide.

According to the opinion of well-informed lawyers, the provisions of the proposed law are so restrictive that newspapers are absolutely prohibited from giving accounts of any crimes or attempted crimes where murder or homicide is a factor until the person accused is tried.

Under that provision no account could have been given of the killing of the town marshal of Kent by desperadoes a few months ago. No account of a train robbery where murder was committed or attempted could be printed.

Hay Sends Message. Acting Governor M. E. Hay transmitted to the senate Thursday a message in which it is proposed to establish a new reform school in the irrigation section of the state, transfer the feeble-minded section of the Medical Lake institution to the Old Soldiers' Home at Orting, move the old soldiers to the site of the new Veterans' home at Port Orchard and transform the old reform school at Chehalis into a third insane asylum.

While a considerable outlay of money will be necessitated, it is thought that the conditions justify these wholesale transpositions.

Among the various reasons given by Governor Hay for his recommendations are: That the state training school should be removed to an irrigated district because the agricultural possibilities there would be much greater than they are at Chehalis; that it would be less expensive to convert the present training school buildings at Chehalis to wards for the insane than it would be to build necessary additions to accommodate the increasing number of inmates; that the moving of the veterans' home from Orting to Port Orchard would not eliminate the federal aid that that institution is now receiving, and the location of Port Orchard, close to the navy yard, is an environment far more conducive to the mental welfare of an old soldier than are the surroundings of Orting; and that the climate of Medical Lake is more beneficial to the condition of the feeble-minded patients there than would be the climate at Orting.

Governor Hay has intimated that he would not send a message to the legislature regarding the local option bill, as the attitude of the administration has been plainly demonstrated to that body on the question.

Sheriffs Meet. At the request of the sheriffs' association, which concluded a two-day meeting Friday, a bill was introduced in the house providing that the shipper of cattle and horses shall furnish a list of brands and marks to the railroad agent accepting the shipment, and the agent shall verify them. Interior sheriffs who have been bothered by horse and cattle thieves claim that they have been prevented by the indifference of railroad agents from getting trace of shipments of stolen stock sent out of the country.

A request from the association has been made of the railroad commission to order railroads to carry sheriffs on all trains. At present the peace officers cannot ride on certain freight trains, and it frequently happens that serious delay is caused by this ruling.

Favor Hotel Regulation Bill. The senate appropriations committee has approved the bill providing for adequate fire escapes in hotels, prescribing the dimensions of sheets, creating the office of hotel inspector and appropriating $25,000. The purpose of the measure is to establish regulations for the safety and comfort of hotel patrons and making rules for proper sanitation.

The hotel inspector authorized by the bill will receive a salary of $2,000 a year. He is given authority to appoint a deputy inspector in each congressional district, who will receive $125 a month and an allowance for traveling expenses.

The committee amended the provision establishing the legal dimensions of sheets. Bottom sheets will be seven feet long and top sheets will be seven and one-half feet long.

Enlarge Supreme Court. A bill has been introduced in the senate which has for its purpose the relief of the supreme court. The plan is to increase the membership of the court to nine members and to establish two departments. The bill provides that the chief justice shall assign four judges to each department, and a presiding justice for each wing of the court is to be selected. By working separately, it is planned to accomplish double the amount of work done by the court sitting en banc.

Trainmen Want Caboose Law. A lobby representing train employes of three railroad systems is on hand to urge the passage of the standard caboose law and a measure to require railroads to equip all passenger locomotives with electric headlights.

The style of caboose advocated by the trainmen is twenty-four feet long and equipped with platforms, cupolas and appliances designed for the safety and convenience of trainmen. It is contended by the trainmen that the electric headlight is not only desirable as a means of affording employes greater safety, but will have a tendency to lessen accidents to trains.

New Bills Introduced. Among the various bills introduced during the week were: amending the law relating to the taxation of operating property of railroads (providing that terminal property, wharves and commercial buildings shall be assessed in and certified to the county in which they are located); prohibiting civilians from wearing the uniforms of the United States army, navy, the national guard, state college cadets or the soldiers' home; authorizing cities of the second, third and fourth classes to create accident funds; giving the railroad commission authority to bring and maintain suits in the state and federal courts and before the interstate commerce commission for the purpose of securing the observance of laws and rules of the commission; and declaring baby buggies, folding go-carts and typewriting machines to be baggage, requiring railroads to transport them as such without compelling the owner to crate or cover them.