The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-07-06
PARDONING POWER.

our executive. by the powers re-
posed i'm the governor he has, in
exceptional cases. the right to-
pardon or commute the punish
ment of offenders. This duty !
seems to occupy Pennoyer's entire
lime and attention. During the
campaign his time was engaged in
booming his senatorial candidacy.
but since then nothing has hap |
pened to interfere. If the record
of the past few weeks is main
tained until our newly elected
governor takes his seat, there will
be no convicts left to pardon.
Legislators are elected by the
people for the purpose of framing
laws. The people, acting through
their representatives enact these
laws, many of which define GER
tain acts as crimes. and in each
instance a punishment or penalty
is provided which is thought to be
commensurate with the offense, iii
case the provisions of the law are
broken. These laws are enacted
after due deliberation and should
be rigidly enforced. They are not
passed with a view to injuring
anyone, but as protection to SO.
ciety by suppressing crime, and
confnlng in a place of safety those
who have proven menace there
to. The function of the execu-
tive is to see that these laws are
duly executed and enforced.
For the purpose of applying the
law when its provisions have been
violated, the Judiciary branch Of
the government was formed. The
court is maintained at the ex-
pense of the taxpayer, and costs
each year a vast sum of money.
During the trial of a person
charged with violation of
any provision of the criminal
code, every influence is brought to
bear upon the judge, jury and
prosecuting attorney. The best
counsel obtainable is pltted against
the states attorney and when the
trial is ended and the prisoner
found guilty of the cffense charged,
the instances are rare indeed,
when he is entitled to executive
clemency. The judge, who is
present and hears the testimony
and arguments of counsel, is fa-
miliar with all the extenuatine
circumstances, if any there be-
and when he has once passed
judgment upon the criminal, nc
power should be permitted to
step in and say that both judge
and jury had erred, and thus make
farce of the court and mockery
of the law.
Were we less lax in the prose.
cution of criminals, there might
occasionally be a time when the
pardoning power sh 'nld be re-
sorted to; but under present con,
ditions very, very seldom. When
criminals recognize the executive
of state as their dearest friend
matters have reached an alarming
condition. The governor offers as
an excuse for many ofhis pardons,
the recommendation of the judge
before whom the convict was
tried; the request of the attorney
who prosecuted the case or a peti
ton numerously signed by neigh
bors and friends asking that the
sentence be committed. This
should not be done. Because of the
influence brought to bear upon per
sons making these requests, they
may perhaps in a measure be ex
cusable for recommending the
pardon of a criminal, but the chiel
executive of a state, is so far re-
; m wed from such petty influences
that he is seldom, if ever, affected
by them. He, therefore, acts upor
the recommendations of persons
familiar with the circumstance
and those, too, who were instru-
mental in the conviction and pun.
ishment of the person whose sen.
tence is sought to be commuted
Neither judge, jury, prosecuting
attorney nor private citizens
should seek the pardon of a person
unless it be known that such per.
son is guiltless. Every good citi.
zen desires the suppression oil
crime. Society desires protection
from the law breaker. With a
view to lessening crime and pro.
tecting society, our criminal code
provides a punishment for each
offense. From the very nature oil
things, we are alike in favor OF
the vigorous prosecution of all
criminals. and when thew are once