The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-03

jected.
Il refuse to consider an application for
pardon unless the judge who tried the
case, the prosecutor in the case and the
jury, recommend executive clemency.
Il think one of the wise functions of the
gardening power Is its use in cases where
criminals are suffering with diseases that
would result fatally and also in cases
where new evidence has been found tend
ing to prove innocence, or, at least, to
mitigate the offense.
THE abuse of the pardoning power is
often found in its being turned into a reg
ular brokerage business, wherein eXecu-
tive clemency is exercised through undue
influence that may be brought TO bear"
Marylanf 5 governor has exclusive pow
er in the matter of Dardons. Gov. Lloyd
Lowndes says toe much of the time of the
executive is taken up with this matter and
there should be board of pardons, or at
least an advisory board. This has been
recommended to the legislature, but not yet
acted upon.
1.-The considerations upon which the
power should be exercised" Gov. Lowndes
says, should in my judgment be limited
to those cases in which it is clearly shown
that the severity of the law may be moder-
ated without interfering with its vindica-
ton
In the matter of pardons. the governor
of Maine has an advisory board of seven
councillors who first hear all applications
for pardons and make recommendations.
If a majority of the council vote not to
pardon that ends it, If a majority of the
council vote to advise the governor to par
do them he may or may not do so, as in
his judgment he deems best.
"If we become satisfied that the person
has been wrongly convicted we exercise
the pardoning power at once" writes Gov.
Lewellyn Powers. 81 do not think that the
h.,V II,
Maine. 1t is exercised only in very few
cases. All applications for pardon have
notices Of hearing published upon them.
Also the attorney representing the state is
notified and usually he appears. l believe
that this power should be sparingly used
and only to correct undoubted errors or to
mitigate sentences where there is no ques-
ton as to the good conduct and reforma-
ton of the criminal"
Gov. Roger Wolcott of Massachusetts
says:
1.-THE pardoning power in this common
wealth is vested in the governor, but must
be exercised by and with the advice and
consent of the council. A committee of
the council is annually appointed by the
governor, and gives careful hearing and
consideration to the cases that are pre-
scented. No case comes before this COM
mitttee on pardons unless a strong prima
facie case for executive clemency is made
out.
"On the report Of the committee being
adopted by the council the governor US
ually approves the same and issues the
pardon, although he is under no obliga-
ton to do so. The pardoning power in
my opinion, is now exercised with care in
this commonwealth.
The pardoning power in Minnesota is
now vested in a board or pardons, consist
ing of the chief justice of the supreme
court governor and attorney general.
Gov. Clough takes somewhat of the pol
itician's view of the matter, and says:
''In my judgment, this duty can be better
performed by the governor, as chief eX-
ecutive, than by any pardoning board or
other functionaries, provided, of course,
the governor is a proper man for his po-
sition."
He thinks the pardonng power should
be used to see that justice is done where
it has miscarried in the courts.
Gov. Robert b. Smith OF Montana takes
very much the same position as does Gov
Clough. In Montana the power is vested
in the governor and a board of pardons
but the governor thinks it should lie al
together with the chief executive, who
is alone responsible to the people for his
acts" Pardons, he says, should be grant
ed solely upon the merits of the case, and
the power should be exercised only TO
correct errors or mistakes of the courts.
In North Dakota the power is vested
practically in the governor alone, and
Gov. Frank A. Briggs thinks it should
remain so, for the reason that there is
less chance to shirk responsibility than
there is with a board of several members.
He considers punishment for crimes sec
ondary to the reformation of the Grim
inal classes, and says Political infu-
ence and corrupt use of money are abuses
which may be feared, but TO my mind are
less dangerous than mawkish and maud
lin sentiment, which sways popular feel
ing at times and leads good, but unrea-
soning, men and women to urge executive
clemency in the case of hardened
wretches."
New Jersey has a court of pardons, con-
sisting of six judicial and two executive
officers The consent of the governor is
necessary to the granting of any pardon.
Gov. John w Griggs thinks the pardon
ing power should be committed either TO
the chief executive or court of par
dons, such as New Jersey has, but that
the duty of making all Investigations
should not rest upon the governor Par
dons, he says, should be used to remedy
the mistakes of the courts, or to relieve
a prisoner who is suffering from prob
ably fatal disease, or where there Is new
Iy discovered evidence Mercy" he says,
''can be properly extended without i'm
pairing the authority of the criminal
courts"
In New Hampshire the governor par
dons with the consent of a majority of
a council of five members and Gov. George
A. RamsdeT thinks this is the best sys-
tenn possible, since it has worked well
in New Hampshire for more than 100
years.
1.-THE pardoning power" he says, should
be exercised whenever there has been an
erroneous conviction or the sentence exces-
siVe" Under such circumstances the par
doning power, he says may be abused by
men who go to extreme in either direction.
Gov Slas A. Holcombe of Nebraska,
thinks the pardoning power should rest
exclusively in the governor as 1t does in
Nebraska but, he says there should be a
board with advisory powers wherever APP
plications are numerous.
II DO not believe" he says, 'in too free
use of the pardoning power, and believe it
should be restricted, relying upon the
courts and juries to fix reasonable SEN
fences without reliance on executive elem
ency to temper their decisions later"
The pardoning power in Nevada is vested
in a board consisting of the governor, jus i
tees of the supreme court and attorney
general three of whom, including the gov
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