The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-03
GOV. M'GRAw's FIRST VETO.
6o OisappFoves . Bill Which Would
Let MANY Criminals Escape.


Let Many Criminals Escape.
OLYMPIA, March 2-Ispecial. l-Following 10
the text OF Gov. McGraw's message, received by
the house today, vetolng the Leo bill. author.
tzing second appeals in certain criminal cases:
To the Honorable House OF Representatives
Gentlemen: ! herewith return to you without
act allowing . second appeal to the supreme
court in cases where persons have been con.
victed Of felony. aud declaring an emergency"
This bill II intended to relieve against any
hardships that may be imposed upon person
convicted of q felony. when the supreme court
declines to hear his appeal on the merits, be.
has not been settled within the time or in the
manner required by law.
do not disapprove. OF the design on the part
OF your honorable body to relieve person con.
victed Of felony from the misfortune OF being
denied bearing Of his appeal on its merits
when such denial IL due TO . mischance-not
the result OF the inexcusable negligence or
wantonness Of the defendant or the deliberate
design Of himself or counsel, but, in my judg.
mont this bill goes much further than 10 nsces-
chance. and places premium on the
deliberate disregard OF the salutafy provisions
OF law relating to the review OF proceedings in
consequences Of negligence IN the past, which,
In passing, it may b presumed your honorable
booy considered excusable. but IL invites an
utter disregard in the future. OF the most neces-
sary safeguards which the law has provided to
secure, for the consideration OF the appellate
court, history OF the proceedings in the court
criminal case may be taken at any time within
year after judgment. the law requires that
statement Of facts be settled within sixty days.
There 10 . manifest aud laudable purpose In
thus requiring speedy settlement OF the state
ment OF facts 1t 10 desirable, IL not necessary,
that this statement should 10 settled whiie the
facts which occurred on the trial are fresh In
the minds OF the judge and other oficers OF the
court, and 1t IL msnifestly tmpracticable to set
tie such statement alter the lapse OF many
ha A,rp limo MINT ,f fhss
trial kept by the court, the attorneys the
stenographer may become lost, and the Incl
dents which occurred and the testimony given
have been effaced from the memory of those
present Yet this bill provides for the settle
ment Of the statement of facts when the first
document, purporting to be . statement. has
been stricken out by the supreme court. either
because it was not settled regularly or lawfully,
or because such settlement was not '.timely."
1t seems to me that the word 'timely" as used
In this bill can have but one meaning, viz: be-
cause 1t was not settled in time; L e., within
the time required by law: and this bill places
no limitation upon the lapse OF time beyond the
statutory period which shall deprive the de-
PENDANT OF the right to have q statement OF facts
settled.
am unable to see why. under the provisions
incarcerated IN the peuitentiary could not wait
S64 days after judgment before taking his APP
peal. and, afterwards, without any notice to the
prosecuting attorney, file In the supreme court
. pretended statement of facts. Such . state
meht would. OF course, be stricken out BY the
court, because 1te settlement would DO neither
'iawiul," regular nor "timely." The de-
PENDANT would then. under the provisions OF
this bill. BE- entitled. a. matter Of legal right.
to have statement of facts settled more than q
year, perhaps two years, after the trial. when
those who ofiicated at such trial have forgotten
all the essential details OF the Investigation, or
perhaps have ceased TO exist. Under such law
the attorney who served his client most faith.
fully would be he who most wantonly and stu
diously dtsregards those provisions essential to
the orderly review of proceedings in courts of
general Jurisdiction, and such law would, in my
judgment, be utterly subvefsive OF justice.
have the honor to be, very respectfully, your
Obedient servant, J. II. MCGRAw, Governor.