Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-01-16
A PARDON BOARD.
It Was Advocated Before Hogs
Was Governor,
AND IT is ADVOCATED NOW.
a Bill to Protect Fish From the Rapaclou,
Fishermen f The Coast.
more Dam Litigation at Austin. This Time II
Takes tho Form Of an Injunction
AGAINST The CITY BY the Owner
Of the Oriskill.

Austin, Tex, Jan. I5.-CSpecial.)--
Inc hght of the Newses against the
creation OF board OF pardons ia con-
spcuous proof of is partisan and un-
reasoning nialimitY toward the governor
and is indisposition to logically consider
anything he has to propose. lis attempt
10 correct The Gazettc's advocacy of Inc
ldea before the governors message was
delivered with that message ignores the
pertinent fact that The Gazette ugitutcd
the matter years ago before Governor
Hogg was known Ia state politics It's
reasons are as himsy as its animus Is
apparent
The truth is that no man can weigh
this subject carefully for Eve minutes
without reaching the positive conclusion
that the present system Is an intolcrgbe
burden upon the executive Office aud
highly mischievous In results.
The constitution created the power 90
pardon for good and sufficient reasons,
reasons not az all at variance with the
stcrnest administration oil The law. IL
HAPPENS not inlrequently that evidence
10 discovered after trial and conviction
that would have indicated the accused.
Not all guilty men are convicted by u
large majority ald the same want Of
infollibility IN juries makes IL, uuhapply,
true, also, that not MI men who are con-
viCted are guilty. A case passed upon by
ACKNOWLEDGEMENTS Peudleton during
bis recent occupancy of the executive
Office illustrates this phase of the matter.
4 heinOus murder bud boon committed
In East Texas; the public demanded an
atoncueEt \ nlun connected by gircum-
stances with the crime was arrested,
aud when proof Of his guilt was gathered
around him. made confession lie laid
the greater part Of the guilt. however.
no the door Of another man, who was
thrown into Jail speedily tried and upon
the testimony of this scli-cOnyicted muir
| dcrer was sentenced to a long term I'm
| the penitcntary. The Judge who tried
| the case advised Governor PcudletOn that
| he would have granted a new trial but
! for the wcll-groundcd fear that the pop
I ulncc would lynch the accused. All the
! evidence. except that Of the party so the
| crime, was In favor of the innocence Of
| the defendant.
The only conclusion admissible from a
! study of the evidence was thut the MUIR
| dcrer had confessed another man into
| his guilt and the peuitcntinry Ia order
| 10 save his own neck, lie had served
| several years In the penitentiary when
! pnrdoncd by Governor pendeton
! 1t was TO reach such case MS this that
\ the pardoning power was lodged in the
| executive Ii as essential thnt the law
| should be just IN reaching It's conclusions
| as that IL should be vigorous in onforc
| ing them. The evil of the present pur-
! don system Is that its ehect Is 10 cut
| Off from the ear Of the executive thost
who have not means and Jealous friend,
10 press their eases. II Is true every
| effort Is made 10 preserve the equality
! of cases, but II no one calls TO-. the spp
cial attention of the executive casl
! OF extraordinary injustice IL must tax,
It's slow course in the order of filing.
The creation of Il board 10 act upor
applications for pardon would TAX,
away every appearance Of discrimina
| ton and relieve the executive OF the i'm
porhmties of personal friends who faucy
their intcrcesslons should be effective
| relying, possibly, upon previous pOlitica
| support rendered by them. Such a syS
tenn would prevent application in case'
| without merit, because il would insure
| thorough investigation That is impossi
BILE under the present system. Scyern
| hundred applications were turned Ovpl
Office. The new applications filed sine,
then have averaged -four a day If h,
had been clOseted constantly on this bust
ness since his induction i'm office with
secretary TO assist him aud giving n,
admission 20 any one he could not hay,
Investigated one-half Of the cases whicl
have been presented TO him. An mp
pellate Judge disposes, on an average
OF three or four cases week, or ubOu
the number that reach the governor
every day. OF course the most of thcs,
applications should not be granted, bu
the presumption is fair that some o
them are based upon just and truthful
representation. These are entitled 10 {
hearing which they cnn not obtain now
except by rare good luck, In other word
the lottery system of the present shoul,
be suspended by a system insuring thu
full execution Of just DEGREES and thu
correction of unjust judgments, attain
ing the ends for which this arm of tn
law was established. H. u. ).