The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1884-06-26

intsgrlH and the fairness Of the
oonrts 81 ascerfaining the guilt or in
u0cence u the Defendant
No greAter crime can Be committed
thar 10 atrike down the constitution.
FL right of-lhs citizen 20 have a afr
aad impartial trial. No greater
gfOng can be committed In any CON-
muuity than TO have the courts, that
are Organized for the purpose OF met
ing cut even aud exact y1atice- 10 ali
parties, Violate the plain and ordinary
principles OF lsE- for the purpose Of
denying to any citizen just, hsnest
and fair trial. Hf afff
It Is not 3 question Of guilt or inno-
eeRee when parties ara tried before
biased OF partial courts orr packed
juriea or when they are subjected TO
malicious prosecutions yfndictiVely
carried ON for tfle pnrposs Of gFatify-
ing spitsoF mallce'OE nsing judgments
amer they have bean obtained In pro-
eeeuings 20 iOVer-aWe and force the
prosecuted parties 10 submit 10 the
political demands OF their prosecutor.
These cases present nearly all Of
the phases indicated in this note, and
certainly no good citizen, no citizen
who regards the future liberty Of
himself, can be 0nmindful OF the
great necessity and the absolute i'm
pOFtanee Of preserving the purity and
integrity Of the judiciary. In grant
ing the pardOns in this case am in
tefpOsing the executive authority
vested by the constitution OF the
Stale for the very purpose OF protect
ing citizens against the wrongful and
illegal power that might be exercised
IN cases where the citizens have been
prevented from having even and ex-
act Justice secured to them by judicial
tribunals.
am, gentlemen, your Obedlent
servant,
lslgned) G. W. CLICK.
His august majesty IN speaking Of
the petition Of "respeeIable" citizens
o. Saline eohnty, makes no mention
Of remOhstrance composed Of an
equal number OF ''rsspeetable'' eiti-
zens, and paying much heavier taxes
than the petitioners.
Reply OF t. P. aARvER, ESQ, TO GOV.
- click.
SALIVA, Kan, June ., 1884.
Hon. Geo. ", GLick, Governor Of Kansas.
SIR: [ acknowledge the receipt Of
your letter addressed 70 ]. g. MOhler,
Esq, and myself announcing your
conclusion 20 pardon the elk saloon
men 1eOnVicted It the May term Of
count, and giving your reasons there
for Dhat ahes Ohief Executive OF our
SthieI slfOIsld for moment think to
gnht q, panlonIfDr the reasons given,
h D matter which impIesses me with
surprise and regret. A lawyer of half
your years, need not be told that In
the organization OF our form Of gov
eminent the legal rights Of every citi-
SeIf Wefe well protected In the courts.
q When u may occur, as r. Sometimes
the Case, that through local excitement,
or pFeitidiee, or other cause, q persOA
has not bad q fair and full trial In the
lower courts, an appeal ID allowed to
the Supreme court. That our Supreme
court has always had and neFited the
fullest eonfidence Of the people IN its
Integrity is 3 fact Of which we ell are
piOud. That that court would have
corrected any error Of this district
court; whether committed with intent,
as y0u say, or by mere inhFInity of
Judgment, you do not question. You
have simply assumed 20 tnterpOse
the power 70 pardon possessed by
the governor, well knowing that
Thereby you uslirpsd the functiOns of
the judicial department. You assume
the role OF dictator to our courts. To
strike down their judgments when
they happen not 30 meet with your
own views this parJloning power Is
employed. As a lawyer, can IL ever
have been suggested to your mind
that the line of distinction between
the judicial and executive branches Of
our government was 50 indlstinct and
unmeaning2 | cOncede. sir, that I'M
fairness Of trial, together with a show
ing Of probable Innocence, or extenua-
ting circumstances, may In some cases
very probably call for the exercise Of
the pardOning power. Unfsirness Of
trial alone can under no circumstances
be an excuse for thus giving immunity
TO criminals.
At the request Of the county attOT-
ney ! assisted in these prosecutions.
endeavored TO be fair and see that
no legal right of defendant was vi
olated and can say the same for the
counsel. No one can honestly say
that Judge Prescott was partial. His
action will bear the test of any fair
judgment When you say ''that the
iuFies were packed and organized by
the prosecuting attorneys with the
aid Of the Judge, so as to prevent a
fair hOuaaf and imnarfinl trial and