The herald., 1895-01-10

BENEFITS derived. With the exc ption OF the
revision th,t the codes received III ~ ~, W
make them conform in Language 70 tne IilD,'s -,
! in the names OF courts provided by the new
co ,stiIution. there has been no ate PI ~ .v
vision since the codes Went llilo ,}ai thar
nry /, 1873, and it would seem esseill I'M .n
| the many laws passed and amendments in" 'I
TO the codes themselves since that dale snou id
be codifed into harmonious whole. "ou!u
! suggest that the governor be empowered 10
| nominate three capable attorneys rl thl' Stats
to be confirmed by the senate, as sucn com COM
mission under such instructions as your hoh-
| orable bodies may see it to prescribe.
PRIMARY ELECTION LAW.
The voice OF the people throughsthe ballot
| when ee from restraint of every kind, be-
comes their true expression. To render tins
| grand privilege secure is the solemn duty OF
| the laW-making power Expense in contribute
! ing TO this end. 4 it but fulfill its purpose, is
unworthy Of consideration. our present cleo
! non law has been thoroughly tested, ana so
| iAr as have been eHahled to observe. its work
! ings have proven satisfactory.
Ihe system could, however, be improved by
| the adoption OF some method whereby the
! counting OF the votes could be mo .pidly
performed, particularly so in our larger c.tes.
| Suggestions VIII be p esented you, with
changes which experience has demonstrated
| to be necessary, and to which desire to ask
| your earnest, serious consideration
Your attention is called to the urgent neces-
| sity OF establishing come form OF procedure
regulating and control ing primary elections.
loose and very often proHigate manner
in which these elections conducted,
regardless of the rights of communities, i'm
| pcrilng theii safety, and entirely under the
control OF the worst elements of society. Like
| stringent laws which protect the voter ut q
regular election, should shield him Mt these
1t is absurd to declare that vo'er has the
right at general election to vote for whom he
paases when those for whom he must vote
have been placed before hitl, without giving
him an opportunity OF declaring his choice.
rhe privilege OF nomination is sStrangied at
convention corrupHy assembled, or quietly
abstain from the use of the franchise. This
is evil growing by what it feeds on, TIL eat.
ening the liberties of the PEOPLE by debarrng
them from the free and untrammeled exercise
Of personal choice.
PARDoNs AND COMPUTATIONS.
This subject ii faithfully and inteiligently
considered, presents of the most trying
duti imposed upon the executive OF the
state. The vast number of conyicts in our
pris rs, the utter imposs bility of ever being
able to know the whole truth affecting any OF
the crimes alleged naturally causes any
thoughtful gov rnor to hesitate ere he as
suGes TO exercise the extraordinary power
state, whereby he can set aside the .egal YER
diet of the established courts of the land
FULLY realizing the grave responsibility rest
ing upon me i'll that regard, established
policy that has proven satisf' Glory that
those who are familt,r with 1t assure me it 10
great improvement on all former methods
In my last message ! reviewed this subject
a t great length. explaining the system ! have
adopted and the satisfactory results arising
continued to render me valuable aid in the
examination OF applications for executive
Gle uency, and desire to publicly acknowl
edge their neverfailng kindness, patti .nce and
courtesy.
The records OF my Office will show that
have personally examined about $50 cases:
that have sent TO the board 1877 cases. all OF
which were carefully and critically examined
BY me rst and by them afterwards. In every
that has been returned To ma concise
statement accompanying the recommendation
has Leen given. In almost every in lance
have fully agreed with the boards conclu-
sion, and in every case respected its verdict
The board has recomm ended a few and reject
ed few that if left to my own judgment
III ght have been different.
| have granted as st tie prison cases q full
pardons, and have committed or conditionally
pardoncd Oh OF the latter, 9 were Chinamen
to lie deported. To the authorities of other
states, ,; to those who were willing to leave
the state never to re nrn, 20. These, upon
promises OF friends OF petitioners who lived IN
other states and i'll other countries, to care for
them if they were permitted to return to their
homes. In al, 1lS cases. While the sum to-
tnl is less than third OF the number granted
by any OF the last four administrations, feel
that all will give me credit for an earnest de
sire to do justice in every case where actual
of the accused should be made aware of the
fact that no governor can intelligently
examine into the merits OF such great
number of cases unless he he willing to devote
all his time to their consideration.
The records relative to all these cases s are
systematically Kept and reference to each can
he had at moments notice
l have also had prepared general index
which will be found great convenience, to
granted from which at a glance can be found
either OF the above without the task OF
be Sh reonred to heep to as
certain dates, reasons, etc, in granting execu-
tive elemency.
Many reasons are advanced for tho excessive
number confined in our prisons but find 1t
is largely due to two prominent facts: First,
our atutes create a large number OF state
pfa.fa pfTn hnna n
the state, in their discretion, impose excessive
sentences, as compared with o.her states for
like offensel.
would recommend that you pass a joint res
olution requesting the governor to commute
every Chinese subject now confined in our
prisons, upon dition that he be deported to
China at his own expense, never to return.
We now have about $50 of these in our pris-
ons, and it would seem to be wise to return
them in this manner if they are willing to CO.
While the governor needs no change in the
law to empower him to do s., yet such reso-
luton sanctioning the act would ieli-ve him
from assuming the entire responsibility, and
appr.se the people of the state OF its object,
PAROLE LAW.
This law has been in opera ion for year,
and seems to answer its purpose. At the time
OF s passage, much opposition was manifested
to it's enactment Since testing it, many of the
objections have been Withdrawn. and under
tho stringent rules adopted by the board OF
prison directors, it promises to result tenef-
cially to a concerned. Ii cert7inly acts as u
great incentive to the prisoner, and aids in a
better main tanning OF prison discipline,
The report OF the board on this subject
full aud clear that l recommend its careful
perusal and consideration.
CAPITAL PUN sHMENT.
This subject fully tire ted in a former
message. My opinions on the suggestions
therein presented are unchanged. and should
you desire ) refer to them, they will be found
on pages I5-l7 OF my first biennial message.
since the adjournment OF the last legsl ature,
l have committed two death sentences to i'm
prisOnmcnt for life. One OF them, the case OF
John MeNulty, upon the merits OF the case,
and the other, Anton VITAL upJn the informa-
ton OF Warden Hale of IAN Quentin that tho
prlsen.r was hopeless insane, which ia twas
confirmed on examination by DR.. Clark. OF the
stock on insane asylum. DR.. Dardner OF the
N,pa insane asylum, together with the resi-
cent physician OF the prison. Their report was
most emph0tic as to his incurable dementia.
Therefore, under the law, without regard to
his guilt, the commu alton was granted. All
other applications have been denied,
Those not familiar with the actual work and
mental anxiety devolving upon the cxecutivein
the consideration OF these murder cases, ca not
appreciate his position 1t is trying ordeal.
for on the one side are the relatives of the
condemne |. who up to the LIST moment, are
supplicating i'll every known form for mercy.
while on the other hand the incxorable de-
mandS of the law are to be satisfied.
EXTRADITIoN.
The law on the matter Of extradition as it
now stands Oh statutes, provides that the
state should bear the burden oil all expenses
incurred in ares ing and bringing back fugi-
tiycs from justice. Experience has demon-
s rated that radical changes should be made in
| s..s.