The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1890-03-27


courtesy and respect shown to the court
from which the case was appealed rather
than upon the legal points in question.
Experience plays a leading part in all
things, hence | know whereof l speak, and
as all illustration of how such matters go,
1 take pleasure in speaking of case in
which l took part: Not many years ago l
represented certain corporation in one of
the Western states where the law required
foreign corporations to file articles in that
state prior to commencing operation. At
the instgation of the president of said
company 1 engaged the most prominent
attorney at the capital to prepare the pa
pers; said attorney drew the papers and
submitted an opinion as to the course to be
pursued; had the said opinion indOrsed by
the leading judge of the city and furnished
letter written over the signature of the
attorney general in which he stated that he
cOncnrred with the opinion in full, for
which the former gentleman received fee
that would pay off prisoner after serving
a long sentence. But few months after
this company commenced to transact bust
ness at their new branch, some minor liti-
CATION became necessary, and the court de-
cided that the company had no legal right,
under the law, to transact business in said
state.
Even though the above reference is made
to civil matter it goes to show how easy
it is for the courts or legal authority to err.
Going into criminal matters, and making
an effort to advance my views on the sub
ject of the 'pardOning power" it is not
necessary to go far to find many instances
where this power has proved to be most
just and expedent power But a few
months ago young man was tried on
foi, nI,n onnI, fhn off If
perniciOus newspaper reporters the case
was made to appear most contemplate, and
even though the law reads that prisoner
is supposed to be innocent until his guilt is
proven. the court and jury took it upon
their shoulders to ask the defense to prove
his innocence against the most thoroughly
impeached testimony on the part of the
prosecutions witnesses. A verdict of guilty
was returned and he was sent to the penten-
airy for term of years that would have
made him gray haired man ere liberty
had again been his-had he survived the
punishment. After a few months had
passed it was discovered beyond a possible
doubt that he was innocent of the crime
with which he was charged. He was par
doned as could only be expected. Suppose
the pardOning power was vested in no one,
or suppose It was in the hands of man
cations or petitions, we would be living
in Modern Russia in disguise.
Turn your attention to the cases of the
Government prisOners-tEe Military cases
and after looking into the rottenness of the
Court Martial as it has been carried on of
late, then consider whether or not the Presi-
dent has just cause to use the pardOning
power Take the life prisoner of to-day
who has served for ten. twelve or fifteen
years. at the end of which time you find
his prison record to be clean. and himself
to be harmless and capable of being good
citizen. and ask yourself whether or not it
would heighten morality to incarcerate his
body until death Overtakes him. l fail to
see wherein there is any benefit derived by
society, or wherein crime can be eliminated
by compelling the unfortunate prisoner to
end his days behind the bars. No man ever
commits capital crime with the eXpecta-
ton of paying the penalty of his crime
within the walls or on the gallows. and he
would not commit the same crime any
quicker if ten years was the full limit for
murder in the first degree. The present
limit of the law has no bearing on the case
in this respect. and as the laws are, the
pardOning power is most essential.
Of what use to the state would the ma
jOrity of the life prisoners be if there was
no pardOning power in existence, or it there
was no hopes of their again seeing liberty.
If the pardOning power was more freely
exercised in the cases of our long time and
life time prisoners it would have the grand
est possible effect, as it would brighten the
prisoners hopes. it would give him new life
and energy to labor. and it would be an in
ducement to him to cultivate good habits
and 81 eed reformation. At this date of the
enlightened world in which we live who
but heartless coward, would arise and
condemn the pardoning power. The Lord
never intended that the people of this
| world should run hells of their own and