Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1885-05-12
0be Canfaster 1ntelligel,fer.
LANCASTER. MAY l2, 1885.
An Inherent Power.

0OV. IdltiSon ItluScS 10 Oruer CON-
mission to inquire into the sanity of Joseph
Taylor, the prisoner in the Eastern peni-
tentiary who killed one Of the eepers. He
says that he has no authority under the
law to make such commission, and that
recourse must be had to the hoard of pardons
fcr any action in the convict spehalf. The
governor is doubtless right as to the lack
Of express authority in the statutes
for the appointment of commission
by him to determine convict's sanity,
before he issues his death warrant. Yet
there would seem to be such authority in
the governors Office because of the nature
and the necessity Of the case. The law can
hardly contemplate that the governor shall
ctgn the death warrant of an insane man
unless upon the theory of DR.. Hammond,
that the fact of the insanity of mur-
derer is an additional reason for
hanging him. If the governor adopts
this theory he may very co. sist-
emily indeed refuse to interfere with the
execution of Taylor. But if he thinksthat
he should not be hung if he is insane, he
should not sign his death warrant until he
Is satisfied of his sanity; and he may ap-
point commission to inquire into it, OF
adopt any other method of satisfying him
self as to the fact.
1t is true that since the institution of the
board of pardons a large share of the re-
sponsibility for the hanging Of innocent
crazy people has been transferred from the
gove rnor's shoulders, and that official.ss
his conscience will let him, may peypit tho 70
pardon board to do his thinl5i,.% Gov him 'io ~
these matters, and be cor an, 20 onna,i,,,a m M -,
himself to be the ~, ,ntent to constitute II,
zl1 as Governor Pattison says, that
Ashould be considered by the
pardoh66Tfd. 1t has once already consid-
cred it; but there is nothing to bar fur
ther consideration save its own will. If it
chooses to let Miller hang, though his in
sanity is testified to on abundant and
strong testimony, it may do So but
as it does not seem probable that the board
would be so deliberately cruel, it will be
well for Miller's counsel to make the appli.
cation to it, which has been refused by the
governor. Unless the board really believes
that insane slayers are best disposed of upon
the gallows, it will surely listen to the weigty
evidence adduced as to Miller's insanity.
1t has no express power, any more than the
governor, to appoint commission to in
lquire into his insanity but it has the power
implied in its duty to decide it, to ad-
judicate the question of sanity. 1t may dc
this in any way that it sees proper. There
is nothing to stand in the way of its in
forming its conscience, unless it may he
the lack of money and the inability to
charge debt against the state for expert
testimony. But this can hardly be an OBJ
stacle, as there is yet humanity enough left
in the world to secure, without charge, all
the evidence needed to inform the con-
science of the pardon board as to the mental
condition of Joseph Taylor.
The members of the board may say that
there must be some end to the issuS raised
before them as to the pardon of convicts
And there is such an end whenever it is
clear to them that a convict should or
should not be pardoned. Until then there
isno end. Their duty is to satisfy them
selves, and their conscienceS hold them to
1t. If they can honestly say that
they have thoroughly examined Jo-
seph Taylor's, case, and have deter
mined and still determine, upon full
show of the evidence, that he is sane, they
need not hear further evidence but in this
event they will leave the people to wonder
OF what stuff they are made, that the doubts
thrown over Miller's sanity by multitude
OF witnesses have not penetrated their
minds, and caused them TO give him the
benefit of that reasonable doubt which is
preservted to him by the law.