Evening star., 1895-08-02
SOME NEW RULES
The Presidents Interest in Pardon
and Pension Cases.
PERSONAL EXAMINATION OF PAPERS
Only His Endorsement to Be Given
to the Public.
THE SHEA CASE RECALLED

| President Cleveland probably devotes
| mere attention to the minor details of
public business than did any of his pre-
| decessers. This characteristic is specially
| rotceable in the consideration of pension
cases, and applications for executive Glenn
| ency in criminal cases. In these classes OF
cases his predecessors almost invariably
| acted in accordance with the recommenda-
| tions of the head of the department to
| which the case pertained, whose special
| business it was to study each case pre-
seEted and pass his best judgment as to the
! proper line of action. This has been the un-
| broken rule in all ordinary pension and par
| dor cases, and none of the chief magis-
| trates before Mr.. Cleveland's incumbency
made personal study and investigation of
cases of this character except where they
| were of great Importance in themselves,
because of the character of the persons in
| volved or because some grave question of
| policy or principle was at stake.
During President Clevelards first ad-
! ministration he devoted considerable per-
| sonal attention to pension legislation, and
| he broke the record in the matter of We
| toes. There has been decidedly less legis-
| !ation of this kind during his present ad-
ministration, and he has had more time to
| devote to the consideration of criminal
| pardon cases There are always a great
many of such cases to be disposed of. and
| the President has shown a deep interest in
| them, SO much SO that all the papers in
such cases are now sent direct to him,
| without being first referred to the Attorney
General for report, was the invariable
rule with his predecessors.
New Rules in Pardon Cases.
Just before his departure for Gray Ga
I 1
ATTIC rney General Harmon on the subject
| the result of which was the PRONUNCIATION
of series Of rules to govern the consider
alton of all applications for pardons. These
rules were prepared by the President him.
self and have been applied to all recent
cases. including that of Thomas ]. Taylor.
| the wife murderer, whose death sentence
| was ccmmuted to Imprisonment for life.
| That was the first case. however. in which
their enforcement was brought to the at
! tention of the public, by reason of the re-
| fusal of the authorities to permit the
| newspaper men to see any of the papers
| in the case except that bearing the Presi-
dents Endorsement showing his action
| The prohibition was specially directed to
| the reports of the trial judge and the
| prosecuting attorney. The reasons given
| at the Department of Justice for the at
| tempted suppression of the character of
| these reports was that the President did
not always act in accordance Herewith
|
| advertising that fact.
| The Notorious Shea Case.
! Although 1T was not so stated at the de-
| partment it was recalled in other quarters
that the President had been severely criti-
cised for having previously pardoned Shea
| IN spite of the strongly adverse reports
| made by the trial judge and the district
attorney. His experience in that notorious
| nf hoy hod af.
| feet in the PRONUNCIATION of the new rules,
| but it is fact that the Presidents action
in that case would have been decidedly less
| unpopular If it had not become known
| that the two officials best informed in re-
gard to the case had protested vigorously
| against the granting of the application.
| Such material facts as these are apt to
be. published. however. in spite of the
| rules, as was shown in The Stars report
| of the Presidents action in the Taylor
| case. If the pardon clerk, who had charge
| of the papers, could have controlled the
| matter the readers of The Star would not
have seen in its columns the informat ton ION
| that Judge Cole and District Attorney
| Brney had indorsed the citizens applica-
| tion for commutation of Taylor's sem
| tence.
Applications for Pardon.
| Under the new rules all applications for
| pardon must be sigred by two or more
credible persons. They should be address
| ed to the President, in care of the Attorney
General. The applications must state the
name of the convict. his age, nativity and
previous occupation, together with the
| crime for which he was convicted, the
United States district. circuit or territorial
| court in which he was convicted. at what
| term of court, for how loEg and to what
| prison he was sentenced, and the grounds
upon which his pardon is asked.
| AS soon as received the applications with
j-yx-ar rfao1f tn
the United States district attorney for the
| district where the trial took place, with
| the request that he make report thereon
| and obtain, If possible, the opinion of the
| judge before whom the convict was tried.
| When They Go to the President.
| Except in capital cases. II the report
made by both the district attorney and the
| trial judge is adverse to the granting of
the pardon. the papers are not sent to the
| President for his consideration; but in all
cases where the district attorney and judge
| do not agree as to the expediency of ex-
| tending executive clemency the papers are
| forwarded to the President for his action.
Applications made merely for restoration
| to citizenship will not be considered by the
President prior to the expiration of the
sentence After the ccrvict has been re-
| leased for considerable period, and his
| good conduct is certified to by the people
among whom he lives, the President then
|
Confidential Reports.
Reports upon applications for pardon
| made to the President by United States dis
| trict attorneys and judges are confidential
| in their nature, and are not open to inspec-
| ton by the applicant or any other person.
except with the written assent of the at
torney or judge making the report, nor, Il
such assent be given, unless it be shown
| that the ends of justice so require.
| All papers, with the exception of the re-
| ports made to the President by the trial
| judge and United States district attorney
| and the pardon attorney. are open for the
| inspection of Senators, Congressman. the
| applicant for executive clemency and his
attorney.
| Notification of Action.
When the case is decided the applicant
| for executive clemercy or his attorney is
notified of the fact. If pardon is granted
| a warrant is forwarded at once to the ap-