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

the ends of justice do not longer require
imprisonment, and where excessive
ing 10 excitement at the time
of trial or other causes. Utah
has provision by which prisoners who
have served the minimum time for an Of
Tense may be paroled and if they demon
strate their good intentions, then their full
rights may be restored.
Gov. Josiah Grant of Vermont writes,
in reply, as follows: 81 Exclusively
with the governor. 2. May as well be ex-
ercised by him, unless the business crowds
him. 5. The power should be used to
supervise the work of the courts anterior
to sentence. Under pressure of trial, in
huenced by atmosphere of court room,
harsh results are sometimes reached. It
should also be used to meet new condi-
tions that come into a case subsequent TO
sentence suggesting clemency and should
always be employed TO encourage the up
building of better life. 4. There is not
generally much abuse"
Gov. O'Ferrall of Virginia writes that
while the pardoning power when vested
in the governor, imposes immense labor
and responsibility on him, he thinks that
it is better that it should be vested in him
than in a board of pardons. There are
cases where there should be prompt action
which the governor can give, and the
board could not. In Virginia by consti-
tutiotib tHe pdAuOutIB power Is vested eX-
clusively in the governor. Gov. OFerral
says he has exercised c,emency in the way
of pardons and reductions of sentences
pretty freely, and never hesitates to par
don a convict who is in extremis, in order
that he may die at home and among his
friends
In Washington, the pardon power is vest
ed exclusively in the governor, but appli-
cation must first be made to a board of
pardons whose power is merely advisory
This Gov. j. r. Rogers thinks is the best
plan. "The proper use of the pardoning
power" Gov. Rogers says, 'in my opin-
ion, concerns only those cases where there
has been a clear and plain miscar-
rage of justice. A very common abuse
it seems 10 me.is when the governor upon
ex parte evidence, and moved by sympa-
thy, grants Falrdens~ 20 criminals aalys end
properly convicted"
Gov. w. A. Richards of Wyoming has
exclusive jurisdiction of pardons in his
state, but he wants board of pardons on
account of the press of business and the
inability of the executive to make always
full investigation. Gov. Richards does
not think the pardon power is often abus-
ed, and of its uses and the considerable
for its use says: THE pardoning power
should be used upon the following consid-
erations: In cases of excessive sentence;
errors of court; sickness, or breaking
down physically to the extent that fur
Their confinement would endanger life; re-
formation warranting the presumption
that the prisoner would lead an honorable
life and be a good citizen, especially in
cases of the young Occasionally in cases
of homicide when the provocation was so
great that the killing is generally approx
ed. There may be other good reasons
which do not now occur to me-"
mo duty is imposed upon an executive
that is so onerous unsatisfactory and ex-
hausting as that of the pardoning power.
1t is entirely discretionary. The law does
not direct him to pardon; 1t simply allows
him to do it. No grounds are stated upon
which pardons shall be granted. There
is no objectionable offense, except in cases
of treason or Impeachment. 1t is a mat
ter in which the executive must be gov
erned by the principles of justice, equity
and charity, administered for the best in
terests of the individual and the communi-
ty, for which he can be held accountable
by no power except that of public opinion,
and for which he will receive no reward
but the approval of his own conscience"
The pardoning power in Wisconsin is
vested exclusively in the governor by the
constitution.
81 am convinced" says Gov. Edward
| Schofeld, that the power to grant par
dons should remain exclusively with the
| chief executive, rather than be placed in
| the hands of a pardoning board Some
thing besides sympathy for convict or
his family, should be the determining con-
sideration in granting pardon. Perhaps
the most common abuse is the exercise of
the power because of keen sympathy
awakened through systematic efforts of
the convict, or sympathy awakened by the
unhappy condition of the man or his fam
| lily or both. 1 would not have the fact
| lost sight of that the primary principle in
volVed in exercising the pardoning power
must be that of mercy. The courts exist
to deal out justice, and the chief execu-
| tive in whose hands the pardoning power
| lies should not be asked TO constitute him
self a supplementary court to retry the
| case.