William Taft actually said...
Every person guilty of murder in the first degree shall suffer death, or if there be extenuating circumstances, confinement in the penitentiary for life; and every person guilty of murder in the second degree is punishable by imprisonment in the penitentiary not less than ten years.
Context
Executive Order 1115—Amending Section 149 of the Laws of the Canal Zone, Concerning Penalties for Murder in the First Degree
07/29/1909