The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-11


10 the state and ruinous to public interest,
which is, where crimjnal is being de-
Tended by a number of the ablest lawyers
in the country, opposed by some clever
young man OF respectable ability, with lhe
additional disadvantage OF poweIigi innu'
ences being exerted outside OF lie court
house for the acquittal of TIE criminal,
which he has no power to counteract.
To remedy this defect, recon-,
mended that tae Legislature would
take steps to amend the constitution |
so as 10 have the Office of dis !
trct attorney 10 be filed by the appoint |
ment of theSgoyernor, and to provide Tor 1t
in every judicial district, with salary the
same as that Of the office OF the district
Judge. Further experience and observation
c0nyinces me that, unless that or some Other
adequate remedy is resorted to, the criml-
nal laws will never be properly executed IN
this state.
The second great defect is in the failure OF
peace officers to report ottenses. SO as 70
have prosecutions instituted, which IS made
their especial duty by the law, where they
have knowledge or credible Information
that ollenses have been committed.
IL is hardly necessary here to specify the
numerous oiienses that receive popular toll
Grafton, though well known to be contlnu-
ally committed, which are occasionally
prosecuted in u way, to impose upon ple
perpetrators sort of tax for the beneIC of
the officers, without in the least degree pre-
venting repetition Of the oiienscs.
1t Is, however, due to tnose officers to
state, that i'm the more serioXs oirenses, such
us murder, robbery and theft, they have
excrted vigilance and prompt activity in
making arrests, and do not now usually
wait for rewards 80 be offered before bestir
ring themselves in the discharge OF their
duties.
- REWARDS.
respectfully refer you to my message,
| giving an account OF the money paid out on
| pfy order Tor rewards for the arrest OF GRIM
/ inals, fees of attorneys, etc.
MY course has been to issue rewards
freely aud promptly for the arrest and re-
turn of criminals who have fled to other
states, regulating the amount given accord
ing To the magnitude of the oilensc, the
distance and expense of travel, and rea.
sonable compensation for the service and
risk. The payments of the rewards have
been conditioned upon the requlsltlon be-
ing strictly complied with, by getting u
warrant OF arrest from the governor OF the
state to whom it il directed, so as to pre-
vent the practice of kidnapping criminals
in other states.
w Etn Nuftllto bll Dull-bbllNlp iih'N hbl'i'N'
for acquisitions to arrest their principals, n
small reward has been given TO encourage
them in their efforts Open rewards, when
the criminal Is within the state, or when
his residence is unknown, have been seldom
granted, with an occasional exception, IN
cases of secret crimes, when the perpetra'
tors are unknown.
by pursuing the policy here indicated,
the peace officers of the state are thrown
upon their official responsibility in the reg
ular discharge of their duties, the expendi'
ture of money under my control has been
kept within reasonable bounds, and large
number of criminals have been arrested,
most OF whom have been brought back from
other states at reasonable cost.
REMISSION oF FINES AND f0RfEIrUREs.
The power granted to the chief executive
on this subject, like the pardoning power
is not capable of being controlled by any
definite, previously specified rules of action
Being an extraordinary power, it was
evidently intended to prevent accidental
injustice, or undue hardships of u serious
character, and not rs one of the ordinary
processes in the execution of the criminal
law, as it has b,ce almost continually at:
tempted to- DC made, frequently on very
irivoioW pretcnCes of merit, supported by
petitions aumerous'y signed
Where fines have been exorbitnnt, pay
meyt Of part, when practicable, or some
, Other punishment, has been usually re
qnired as q condition upon which the bal
!. -ance was RENTED.
When the remission of q forfeiture of
, bail bond has been sought, and it has beer
sati siactorily shown that the surotiea have
expended money in good faith, and in ,
practical way, Tor the arrest OF their princi
, pals the amount thus expended has beef
, RENTED in their favor. This has been
i standing rule, to encourage such Efforts.
Generally, however, the remssions, fo
, whatever cause made, have been in n wa,
' not to deprive the officers Of their full com
i missions, unless the judgment vas clearl.
:, shown to be unjustly or Illegally or mad
vertently rendered.
, rARpoNs AND ORGANIZATIONS.
4 Notwithstanding that public notice wa
, given in my first uttcrances as govcrno
that did not intend to he made hicI
court of appeals in criminal cases, ther
have been presented to me in four year
i $50 original applications for pardon.
, combinations and remssions in crimina
:, cases, amounting to nearly six per wee
. upon an average, which | have CAREFUL
:, examined and decided, IA Is shown by Ill
y books and papers In the executive Office
:, This does not include the hundreds of sec
y ond applications made In these cases, an,
!. in cases that had been presented TO m
predecessor. A few OF them presentc
grounds for action worthy of consideration
Most Of them presented some frivolous eA
y cuse, or the blame Of some other perso
y or pcrsons,or that the punishment already
~ however short, was thought sufficient, Q
, family responsibility, or poverty of family
v or youthiulness. or old age, or permanent
:, or accidental drunkenness, or general syn
, pathy, or n numerously signed petition, Q
alleged innocence, rs shown by affidavit
taken OK parte, or unjust or Illegal conyiC
=, ton.
u The getting up and presenting or fol
Il wardng to me such applications has b,
=" come II part OF some lawyers practice f
a compensation, and others of them, an
!" other most respectable gentlemen, engag
- in IL occasionally from sympathy, or iricn,
a ship for relatives otthe unfortunate person
N These indiscriminato applications to III
~ chief executive, to prevent or modify I'll
~ execution of tho law, sanctioned by the n
Ia spectability and great numbers OF person
IS who enlist their efforts, or careessly civ
~ their names US signers TO petitions, in fave
Is, :, of convicted criminals being relieved frol
u punishment, has u bad effect upon th
"a criminals themselves, and u most demora
~ izing effect upon communities where I'll
~ ~ efforts are made by its tendency to allcvia
. and detract from the cnormity ol crim
., and TO prevent its public condemnation,
N fixed by law aud properly adiutged by II
4" courts.
,,n Thc2eh the governor is not responsible
W except 70 his conscience aud sense OF RICH
" " for the manner In which he has exercise
~ this extraordinary power entrusted to hin
!, II Is deemed proper that he should disco
~ to his constituents, whom you also repr
~ ~ sent, the principles which rave CONTROL,
i, his action.
~ The leading one has been to place goC
~ conduct and reformation In the penile
~ tiary ut n premium, aud to do il in such
~ way that all will DO encouraged to woi
~ and act for u, aud thereby have their tim
10 of service diminished. They hrve bet
~ thus taught to rely on selfeilort, rath
~ ~ than on outside influences, to obtain relic
"a This, have been assured, has had q powe
W W full effect In aid of the government Of co
" ,,inlu 1v nxtea uAnI .nnI,nt a..