The Nevada journal., 1860-01-06

msiter of surprise that although three hundred thousand
persons nave travelled over this road accidents
surfing either In death or in injury to limb have oc
CURED This speaks well for the management of the
ROAD may appear strange to learn that the cost of
WORKING the road less than that Of many Of the East
ern roads, This however, will appear from the follow
ing statement, which has been carefully compiled:
COMPARISON OF TIE EXPENSE PER MILE RUN BY TRAINS
ON TIE FOLLOWING NAMED ROADS
For Repairs, Cars and Engine-New York Central
22 40; New York and Erie, 26 610; Hudson River
"a sio Sacramento Valley, 10 $40.
FOR Conductors, baggage men, etc.-New York Cen
uai, 5-lO; New York and Erie, Hudson River,
4lo Sacramento Valley, 10.
For Engineers and Nremen-New York Central, 7-10;
New York and Erie, I; Hudson River, 5; Sacramento
For Fuel Consumed-New York Central, % 21O !;
New York and Erie, 1s 11o; Hudson River 27; sacra-
mento Valley II $40.
York and Erie, $40; Hudson River, 2 2-1O; saera-
mento Valley, $40
Total-New York Central 6s slO; New York and
Erie, 60; Hudson River IS $40; Sacramento Valley
GA 6-1O
For the purpose of exhibiting the comparison in the
economy Of operating the items of employees salaries
ought not to be esmated for on the rs three named
roads they constantly occupied while on the latter
but small portion of the time. Then the comparison
would be 40 610; 46; 81 Ito; 2S $40.
As roads of this character will soon be constructed In
our State, recommend the passage Of law requiring
those who control them to report annually In detail all
their operations to the Governor the Legislature.
remark or two upon another subject not directly
connected with this, however, and / am done
In consequence Of the difficulties in which citizens
are constantly Involved because of the unsettled cond
ton Of the Mexican States lying conguoust to California
would rejoice to the Federal Government establish
protectorate over them The people of that Inflated
Republic have proved themselves wholly unable to main
tain stable government which give protection to
either person property. Our adventurous people
who frequently go to those States for commercial pur
poses are very often subjected to great losses and
Thaxra fnRaa fva1 Nft thatr
property and liberty, because they may have Incurred
the dispeasure excited the suspicion Of some arbitrary
officer As general principle, entanging alliances
should be avoided but as these States will ultimately be
absorbed, as has already been said, by Republic
and they too weak carry out the laws of
the nations and the citizens of other States
lection.
PARpoNIsa POWER
The Constitution coners this power upon the Cover
nor In the most unqualified terms 1t true that sound
policy requires that the different departments of the
Government should interfere little possible with
each other, still refusal to exercise the pardonng
power in all cases, out Of respect for the Judiciary
would violate every principle Of justice and humanity
The Executive In his sphere must act independently
and upon the conviction of his judgment 1t is the
business Of the Courts to convict who have they
believe, violated the laws of the State but is also
the duty of the Governor extend his clemency when
he eonscienously believes that the Individual Is
Titled TO It, have as much respect for the Legislative
as for the Judicial department and yet the Execu-
tive have frequently been compelled to withhold my
approval rom bills although passed by those who were
the representatives OF the people and who came directly
from them.
do believe in the naliblty of either Courts or
ures. Like all other human tribunals they sometimes
err in this well In other communities. 1t Is ad-
mitted however, as general principle, that the fire.
quent use of the pardonng power Is calculated TO
destroy that certainty Of punishment which Is essential
to the due administration of criminal laws, and
also interferes with the discipline of the prison.
In this State under the wild excitement which fire.
quenty prevailed tn various localities, SEN
liz nd
insufficient proof.
My experience and observation have forced me to the
conclusion that In new country composed of pOpu
laon drawn from all parts of the globe, that passion
or prejudice sometimes control the action Of juries and
the innocent are made to suffer.
Again, at different periods crimes become frequent
in some counties that Courts and juries inflicted by
way Of example, extraordinary punishmens to arrest
the evils
of these punshments have ceased to exist there
Is why the convict should still suffer When
ever therefore, after careful review of the record the
punishment believed to be excessive have not
hesitsted to extend Executive clemency
There many persons in prison, sentenced for ten
years upon conviction of grand larceny under ordi
nary circumstances, for the first oense In all we'll
regulated communities this punishment would be re-
garded excessive. In addition to this few years
since Judges in order to propitiate popular favor
cater to the camor of the day, sought to establish the
reputation of seceFs rather than just officers.
Another consideration has had Its influence upon my
action Under wretched prison system the old
ardent young men who, perhaps, In ut of ungoverna-
BILE passion, under the influence Of liquor, drew
deadly weapon upon their fellows, but who still have
generous and honest impulses thrown promiscuous
together The graduated Williams from the prisons
other countries there detail their deeds of vainy
and teach lessons to the young and unsophstcaied,
which, in all human probability will ruin them forever
Men, perhaps tendery raised under the parental roof
and who hope and expect TO return again to their fami
lies and friends, thrown in with convcts who have
long career of crime, and whose hearts hard
| ened beyond redemption.
In some of the many as sixty seventy are
lodged together without the restraining Influence of
officer guard Here songs are sung tales of infamy
reced and crimes committed of the abhorrent
character. Under these circumstances the young and
unsuspectng, who might have been reformed,
perfect villains
said in my last message that unless something is
done speedily TO provide for the accommodation of this
of convcts the Executive might be compelled
pardon of them, with view their transporta-
ton beyond the State The law of sefpreseryatOn
may compel me to throw them upon other communi-
ties" have acted upon this principle in several
as will be seen upon examination of the record during
the past year. Some of these convcts have the
quest of their relations been to their homes In the
Atlantic States, and is hoped and believed that por
ton OF them at east have reformed here they never
would.
During my administration number of conycts have
been discharged upon testimony discovered since their
conviction which, II given trial. would have acquit
ted them. As In this State have many migratory
persons without any habitaton fixed abode It Is often
found dicut secure the attendance of witnesses
especially after considerable period of time ntervenes
between the arrest and trial In view of this 1t Is
gested that the Criminal Practice Act be amended
that trial may be had In criminal at any
time where the newly discovered evidence Is Of such
character to induce the Court having jurisdiction of
the believe that the prisoner has been mprop
ey convicted In that tribunal all the facts could be
elected and full and fair trial had. As 1t Is now, the
Governor be deceived or imposed upon by eD pdre
afhdavts the statements Of persons unacquainted
with all the evidence Surely, innocent man should
be allowed to remain in any prison, and especially the
| one at San Quentin.
quarters that this power has been abused, com
parison has been instituted between the present and
preceding administrations The hast years of Gov
Bgler's administration S5-5) forty-four per-
pardoned being six eighty -hundrehs per
cent During the two years of Governor Johnson ad-
mnistraon forty,nlne were pardoned, being four
twenty seven.hundredths per cent and during the
| five eighty six hundredths per cent.
The fact is TO be remarked that of the number par
doned by this administration, sixteen placed on
vessels and sent out of the State In other words
ishment substituted for imprisonment. Twelve also
of the number pardoned discharged upon condl-
ton that conviction of violating the criminal law OF
the State should operate forfeiture Thus leaving
Internationally pardoned during the two years only
thirtyeigh three thirty hundredths per cent
In this calculation whose term had expired and
merely restored to citizenship not included. Ii
should also be remembered that i've of these conycts
in imminent danger of death unless released, par
doned upon the certificate of the Surgeon of the prison.
in compliance with the statute of eighteenth May 1853
have also examined the reports of the prisons In
other States and find taking the latest accessible TO me-
| the following result
CESTAGR OF cONvIcTs PARDOyRD IN THE FOLLOWING
STATES: