The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-09-23
Shall Certain Classes Of Grimm.
ais Forfeit Privileges
AND BE BARRED FROM VOTING
District Attorney Hands Down 90 Official
Opinion
Under This Interpretation Of the Law
County Clerk Newlin Will Not Erase
Any Names from the Register

On the 18th instant County Clerk New
lin addressed to J. A. Donnell. Esq, dis
trict attorney, a communication where
in he asked for an opinion as to whether
or not person who has been convicted
of an infamous crime-the conviction
having been carried into effect-who
has been pardoned before the expiration
Of the term for which he was sentenced,
is entitled to registration, or whether
the names Of such persons should be
cancelled under the provisions Of the
Political code.
The provision referred to Is paragraph
10, Of subdivision IS, section 1106, Poll
teal code, and reads as follows:
THE county clerk shall also. in the
first week in September Of each year,
examine the records of the courts hav,
ing jurisdiction in cases of infamous
crimes, and the embezzlement or mis-
appropriation Of public money within
his county, and cancel upon the Great
Register the names Of all persons ap-
lpearing thereon who shall have been
convicted of an infamous crime, or of
the embezzlement or incorporation
of public money in such court. and
ried into effect"
In response to the request Of T. e.
Newlin, ESQ.,, county clerk, the district
attorney yesterday forwarded the fol-
lowing official opinion which treats COM
lprehensively the points raised in the
communication received by him.
In referring to the section of the Poll
tical code quoted, the district attorney
| speaks as follows:
This section makes 1t the duty Of the
clerk to cancel upon the Great Register
the names of all persons appearing
thereon who shall have been convicted
Of an Infamous crime, or Of the embez-
element or incorporation of public
money. which conviction shall have been
carried into effect
Section 1417 Of the Penal code gives
the governor power to grant reprieves
combinations and pardons after con-
viction for all offenses except treason
and cases of impeachment subject to
the regulations provided In chapter
XIII, part H., title x. Of the Penal code.
This authority given by the Penal
code Is taken almost verbatim from
The power of the executive of this state
| to pardon offehses other than the offense
Of treason or Improbable offenses, is
not only conferred upon him by the con-
stitution, but that power Is Of the same
general nature as that conferred upon
the president OF the united states Dy the
federal constitution. Article 2, Sec
| ton 2.
Under the common law. the effect Of
pardon was to make the offender a
new man; to acquit him of all corporal
penalties and forfeitures annexed to
that offense for which he obtains par
dom People VS.. Bowen, 43 Cal. 4S9,
Second Blackstone. p. 402.
"A pardon by the executive Of this
! state in my opinion; removes the dis
ability annexed to the offense by the
law, and in all cases where a pardon has
been granted after conviction, before
| the expiration Of the term for which the
offender has been sentenced, the names
of such persons should not be Cancelled
upon the Great Register. Very respect
| fully, J. A. pONNELL,
'District Attorney"