Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-12-28
An Outrageous Proceeding.

II now looks as II Boss Hill of New
York were determined TO subvert popu-
| lar government there and assume the
role of dictator. His latest disregard
OF the constitutional limitations of his
office was In his pardoning Of Thomas j.
WEIGH. This man, it will be remembered,
is the Democratic election supervisor
who concealed himself with returns that
would have elected Republican mem
Der Of the Legislature from the city Of
syracuse.
In disobedience to the mandates of the
court he carried the returns to A lbany.
For this he was brought to trial In
delivering sentence Judge Kennedy said !:
''You are adiudged guilty Of contempt in
dlsobeying the mandamus in that you re-
ceived the returns from the board OF
c,nvassers and willfully, wrongfully and,
I may say. criminally removed them be-
yond the Jurisdiction Of the court and
then left them in q public house, subject
to all the contingencies Of loss, change
u
or destruction.
Under all the circumstances / feel
that you deserve the full penalty of the
law The judgement OF the court is that
you be fined $3.50 and that you stand
committed to the penitentiary for 30
days, and II upon the expiration of this
term the fine remains unpaid you are to
stay in the penitentiary until it is paid
the period Of your detention, however,
not to exceed 80 days.
This was just sentence, fully merited
by the crime which WEIGH had COM
mitted against popular government. He
was taken to the penitentiary, but
scarcely had he been confined there two
hours when a special messenger
arrived with full pardon from
the Governor and the INSCRIPTIONS
knave was set at liberty. Ia defiance
OF law, Of justice and of deceney, Gov
ernor mi had set at naught the iudic-
larry Of his state. The reason of this
course Is obvious. The fellow WEIGH
was simply the tool of the arch con-
spirator who was plotting to set aside
the will OF the people OF New York as
expressed at the polls, He was under
orders and therefore his commander.
in chief must do his best to save
him from the just consequences
Of hs crime Such rascality As
this is enough to call forth the denun-
citation OF the thoughtful men Of all
parties. We are glad to see some OF the
leading Democratic papers OF New York
characterizing it as it deserves. Not
only was Hill guilty OF a gross outrage
upon the Judiciary of his state, but there
seems no reason to doubt but what this
act was clearly beyond his legal powers
As the Portland Press well points ont
'the constitution empowers the COVER
nor to grant Ieprieves, examinations
and pardons after conviction Il is
claimed by those who deny the COVER
nor's right to 10 as he did that there
had been no conviction in the
case Of weleh within the meaning of
the constitution. WEIGH, il will be re-
membered, was sent to Jail for contempt
in disobeying the mandates Of the court.
lie was not tried or convicted. II the
Governors action In this case was legal,
it viii be readily seen that the Supreme
Court of New York is always at the
mercy of the executive, inssmuch as he
can by promise OF pardon effect nally de.
prive It whenever he sees fit Of the
power to enforce i.s own mandates. ri
Hill's Interpretation of the constitution
Is right, the executive of New York esn
paralyze the courts whenever he desires
TO, aud their functions can be performed
only so long az suits his pleasure. In
stead OF being coordinate branch of
the government they practically become
subordinate TO the executive. It can be
safely asserted that the people when
they made their constitution never in.
tended such state Of things"