St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-09-28
ERMINE IN POLITICS,
In the Question of Releases
Of Prisoners by the Mu-
nicipal Court
Judge Cory Quotes Good Re-
publican Authority on
the Case.
Necessity Of a Legal Enact
ment Comforting the
Authority.
No Judge Cares to Be Sad
died With the Power and
Consequences.

L
Press published a screed purporting to
list of persons released from the work.
house by order OF the judges of the
municipal court: but it was in fact a
covert attack on Judge Cory on the eve
of electlon-probably all expression of
the ideas of that paper on the question
of keeping the judiciary out of politics
Judge Cory has written the following
article III reply, and as 1t may not APP
pear in the Republican organ, it is APP
pended:
To the Editor of the Pioneer Press
Inc labOred article which appeared i'll
the Pioneer Press of Monday morning,
relating to the manner in which releases
from the st. Paul workhouse are issued
by the judges of the municipal court,
and TO the operation of the Scheifer law
as executed in our city. may have been
written with the view of keeping the
judiciary ont of politics, but appearing
as i aid OIL the eve of an important
election, it seems as if you were forcing
the Judiciary into politics for the pur-
pose of gaining some political advantage.
1t may appear to some to be goo d
politics to attack the judkeS of one
court in order to preserve the judicial
roheS of the judges of another court
from contact with a political contest,
but the ordinary Democrat will fail to
appreciate such procedure and will
question the sincerity of professions
which call in such questionable man
her for a non-politicaI Judiciary.
During the year 1889 a committee of
the common council Investigated the
matter of releases from the WorkhouSe
and made the following report, which
will be found in the issue of the Pho
neer Press dated Jan. %, 1890. The
committee reported:
IT, has been the custom of the municipal
court IN the past to release prisoners and re-
nit fines and this precedent has been fol-
lowed by the present municipal judges.
Former courts kept no record showing why
prisoners wee released but such a course
has been adopted, and a complete record
Kept. The total number of prisoners released
IRON the Workhouse in five years past is 73l
80 III 1885, III in 1885, lS5 in 1887, 231 in 1888
and s. in 1889. OF these ITO were recon-
meided for release by the mayor corporation
attorney and Others 307 paid fines and were
released, and 3i4 were released without rec
ommendation or payment of fines. The total
amount OF fines RENTED Ill five years is
Sl.363
This report was adopted by the coun-
Gil, and no question was made as to the
eXpediency of the judges of the court
granting releases, although the power
of the court to grant such releases had
been questioned through your columns,
and was before the common council.
The late Judge Burr. who was then my
associate upon the bench, in an inter-
view published in the Pioneer Press
sand:
Judge Burr,s Views.
When 1 became municipal judge Jan. /,
1881. found my predecessors had always eX-
ercised the power of pardoning. While L
know of no law giving such authority, ex-
cept the law of custom, l have followed the
custom. III my opinion the duties of the
judges of this court are not alone to punish
crime, their highest duty is 10 try to make
bad men better and to help unfortunates
to help themselves; 10 deal with children and
those who have committed first otfenses IN
such way as to lead them TO a right life.
In many cases the action of the judge effects
the whole future lite of the. prisoner. While
this power OF pardon is very great burden
to the judge, the good accomplished by it
is SO great that he should bear the burden.
In my Judgement no attempt should be made
to interfere with the pardoning power of the
judges of the municipal court
First-BecauSe they are familiar with all
criminals and oil Glasses of crime, and are
much better able TO decide than any other
person or persons whether convicted party
should be parQoned or not
Second-It is often advisable to sentence q
young man or woman for longer term than
the judge thinks he or she should serve, and
pardon before the expiration of the term.
OIL condition, makes in many cases good
citizen out of bad one.
The personal responsibility of the Judge in
deciding matters affecting young boys or
girls is very great. Mercy sometimes saves
them; severity sometimes saves and some
times Injuries them. Judges are human and
make mistakes, and the pardoning power
sometimes enables them TO correct such mis-
takes.
]: believe that the judges sitting on the
criminal side of the court can 40 more
good or more harm than in any other posi-
ton in life in dealing with those brought be-
fore them who are not already stepped in
crime, and this power of pardon is one OF
the strongest aids in enabling them TO do
good. / believe the records will show that
/ have pardoned a much larger number of
convicted persons than has Judge Cory or
any of my predecessors. and am convinced
that a large proportion of these pardons
have done much good; many of them have
certainly benefited the persons pardoned bv
making them much better 1t is unnecessary
for Inc to add that any interference with this
pardODlng power OF the court would be o
serious injury to its power for good in help
ing the unfortunate and those starting into a
life of crime.
These are words of wisdom from an
honest and true Republican, who stood
very high in the councils of his party
and i'll the esteem of his fellow citi-
ZenS.
No Written Law
concede that there is no written law
which grants to the judges of the NUM-
cipal court power to release prisoners
from the workhouSe without the pay
ment Of line, but the custom has pre-
vailed since the organization of the
present court in 1874, and in the old
police court for long time prior there
TO, and is now so firmly engrafted into
the practice of the court that it has ac-
CURED the sanction of law. a custom
acQuieSced IN for long period of time
becomes law as solemn and binding as
any passed by a legislative body. A
great proportion of the rules and max
inns which constitute the immense code
of the common law grew into use by
gradual adoption and received from
time to time the sanction of courts of
justice without any legislative act or
interference.
The laws and constitution of our state
are silent as to who, if anybody, shall
exercise the right Of pardon in many of
| the cases which come before our munich
pal court. The constitution of the state,
| Art. ", Sec. 4, only giving the governor
| the right of reprieVe and pardon after
| conviction for 0ffenSeS against the state.
The constitution would have to be
! stretched considerably, in the absence
| of other law, to give to the governor
the right to pardon persons sent to our
| workhouse for the violation of city OF
dinance, constituting an effense against
the municipality. In view of an entire
absence of statutory authority in any
one, the governor included, to issue re-
leases from the workhouse in certain
cases which are denominated by our su-
| preme court as "petty OtfenSeS for the
violation of police ordinances, the pen
altes being as they should appropri-
ately be comparatively light" from the
very nature of the case the former
| judges of this court commenced to issue
releases, and the custom has been fol-
| lowed ever since.
Assumed With Reluctance.
AS far as l am concerned, as said to
your reporter in January. 1890, this
power has been assumed with the great
est reluctance. and it has always been,
| and now is, a source of great anroy-
ance. I have always stfiveh to be Just