The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1888-10-24

for the existing evils was separation OF the
prisoners confined in jails into separate
classes; solitary confinement was hard re-
sort, but it was about the only means OF
preventing contamination unless the priS-
Oners were rigidly separated into classes
cOnsOnant with the degree OF criminality.
GOV. M'GILL'S ADDRESS.
In the exercise of the pardOning power
one cannot but be impressed not only with
the limitations and environments of his own
judgment, but the finite judgment of man
in general. Our trial courts in Minnesota
are presided over by judges of learning and
high integrity. They are. without eXcep-
tiOn, regarded as men OF good, sound judg-
ment; but they are not men of similar judg-
ment. In sentencing prisoners for the same
grade or kind of OtfenSeS. a wide difference
is shown in their conclusions. For instance,
in grand larceny in the second degree. the
punishment provided by law is impris0n-
ment in the state prison for not more than
five years or by imprisonment in the county
Jail for not exceeding one year, etc. Now
under this law one Judge may sentence a
prisoner to five years in the penitentiary,
while another prisoner for a similar OtfenSe.
in no wit or degree greater, gets one years
sentence in the county Jail. This is but
one OF great many examples which
might be cited to show that even the wis
dom of our laws and the judgment of our
courts are but finite. Judges are only
human beings after all, and as much af-
fected by scolding wives. poor cooking and
other nfelicites as the rest of us. l have
no doubt many prisoner has been sub
jected to months of extra Imprisonment on
account OF a judges dyspepsia. Judges in
cities ale more apt to impose severe Senten-
ces than those in the country. In the
cities crime is common. The courts are
crowded with criminal business. Prisoners
are tried, convicted and sentenced as mat
ter of course and sentences are apt to be
pronounced hurrfedly and under such cir
cumstances it is not to be wondered at if
they are sometimes III degree unj just. In
the country, crime is far less common. 1t
eXciteS much more attention for this very
reason. Prisoners are tried in courts where
human sympathies have not been chilled by
familiarity with crime and justice is more
apt to be tempered with mercy. and the
| prisoner becomes the beneficiary.
The pardOning power conferred by the
constitution on the governor is one of the
most important of his official prerOgatives.
Naturally the comforting of the pardoning
power implies the right to exercise it. The
governor can turn loose every criminal in
| the state and there is no authority to cal
| his action in question. While the exercise
of the pardoning power is anything but
| pleasant, | believe it should exist. and
that its natural and proper Judgement is
| with the chief executive officer of the state.
To facilitate the examination of applications
and to give him the benefit of the advice
and judgment of others, it seems to me al
advisory pardOning board should be created
and established by law to hear and pass
upon all applications for pardon. determine
the merits of each application and report il
! to the governor with their findings or recon-
| mendatiOn, and the reasons therefore. in
| tend in my forthcoming message to the leg
| iSlature to recommend the establishment
of such board.
1t would be hard to lay down a rule tC
govern procedure in all applications for par
don, and l doubt if it is desirable to have
such rule. 1t often happens that undue
punishment is meted out by local juries
when the perpetratOr of some striking crime
is tried in the locality where the crime was
committed, soon after its commission. while
the community is still excited and revenge
flti over the fact. In cases of conviction
under great local excitement growing out OF
the commission OF crime. and where un-
due punishment has been inflicted, and this
is apparent, the governor is not only justi-
fed in interfering, but it becomes his duty
to do so, and there are cases where he NAV
properly be Influenced by judgment. OF
course it would not do to be governed by
sentiment regardless of facts, nor would it dc
to pardon prisoner guilty of great crime
simply on the ground that in the governors