The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-23

THE PAhlOSiN6 pOW E6.
Gov. Rogers has taken an attitude upon
the subject Of the pardoning power from
which IL is TO be hoped he viii reeede upon
more mature consideration The objection
Is not so much to the end he has In view
as to the means by which he seeks TO
reach 1t. His view OF his prerogative Is
the correct one. but he has himself hedged
Il about by restrictions and conditions not
contemplated by the benehcent law upon
which ~ Is founded There could be no
objection to his consulting the commit
ting Judge and the prosecuting attorney:
indeed, in some cases IL would be wise TO
do IL, but when he says he viii not act
without their recommendation he places
the responsibility where IL does not belong
and deprives himself of the power 10 act
Independently. How the governor is 10
arrive at the conclusion that he Is justi-
ned in exercising the function of mercy
should be determined by himself.
In the case of Carey. for instance. there
IL no doubt that the convicted man was
justly prosecuted by the county attorney
and properly sentenced by the judge. The
accused was proved beyond all doubt 10
have been Instrumental in causing the
death of the victim. he probably caused
il. In the prosecution of a criminal offense,
namely. an assault with deadly weapon,
but there in some doubt as 10 that. Mo-
body believes, however. that he attacked
the woman with the intent to murder her
or even 10 do her serious bodily harm. His
object was not so much 10 hurt her, except
In what her class would consider chas-
tisement. but TO prevent her upsetting the
boat and drowning them both. The crime
was bad enough. and deserved severe pun
ishment. but II was not such a murder as
that committed by one who plans to lie In
wait for another. and. from motives OF
robbery or revenge shoots down or
butchers him. The Intent TO murder was
wanting in his case. and 1t came within
the clear distinction between murder and
homicide recognized by Jurisprudence. but
not always clearly expressed by statute.
Nevertheless. under our law. the jury de-
cided the degree of the offense and the
court imposed the penalty prescribed by
that law Imprisonment for life would
have been at any time regarded by public
opinion as adequate punishment, and the
governor would have been justified In COM
muting the sentence even without the
assent OF Judge or prosecuting attorney.
A judge might have a Conscientious OBJ
lection to capital punishment, but that
would not always be good reason for the
vtetp
power where execution was the only pun
ishment clearly adequate under the law.
In letter recently addressed TO citizen
OF Shelton. Gov. Rogers says he con-
siders that the power Is TO be exercised
where there has been a miscarriage OF
Justice. But that is not always the case,
indeed the governor might very properly
take into consideration circumstances
which could not bc presented in evidence.
This Is particularly probable where the
conviction is cue TO eircumstantial eyi-
dsnee skilifuIly presented and apparently
lncontrovertlble. Even IN the case OF
purrant Il would be better that sentence
OF imprisonment for life should D. i'm
posed than that his execution should be
attended by any latent fear that. after
ali. he might be innocent. The hanging
OF any man whose innocence might after
ward 30 established would cause shock
60 society which might result in the hasty
abolition OF capital punishment.
The chief objection 10 the governors
stand, however. Is that he places the re
aponsib.lity upon others than himself. and
introduces into consideration OF the sub
jet the personal and social relations OF
men who may have retired from Office
ard be unduly-perhaps unconsciously-
| Influenced by their own prospective inter
ests. II he sought 30 do his duty more in
tciliScntly by consulting officers in cases
where he had douot he would pursue a
| 3udicious course. bat. as II is now. every
judge and prosecuting officer viii have in
| mind IN the trial OF an accused not only
his duty st the tine. but the graver re-
| spouslbIHty which may be thrust upon
| him thereafter.
The governor viii be sustained by public
| opinion al any umo when re refuses 20
| become = court % review or 70 stay the
| band q Justice where the intent 10 muir
1 der 81 manifest and the evidence iucon-
/ trOVergshie. Such murder should receive
/ The haTshsst punishment that can De In
| nicted- The duty 70 be performed Is to
| society. whose safety IS ieopar1iEed by a
failure 90 justice. and where there Is TO
| dooss q guilt ana guilty intent me gov
| eraof should have the courage 20 be in
/ exoTshle-