The Advocate and news., 1898-03-02

dicial decisions, and yet he makes these
charges without a particle or evidence to
sustain them, and without even a personal
knowledge OF the way In which business
before a Board OF Pardons is conducted,
without even an opportunity to know,
other than by gossip and hearsay. With
out applying the rules Of evidence" he
condemns a board, the members Of which
are at least as honorable men as himself;
and who do not condemn or recommend on
mere gossip or hearsay, but are as liable,
perhaps, as O court to be imposed upon
by falsehood and perjury. That the law
governing the Board OF Pardons could be
improved goes without saying, as the law
was passed by a Republican Legislature
for the purpose, principally, to make places
for the faithful.
the President, before granting a pardon
to a Federal prisoner, to refer the applica-
ton to the Judge who sentenced him and
the attorney. who prosecuted. am, in
deed, glad to learn that President Nc
Kinley has adopted that much OF the pro-
cedure that has so long been the rule of
the Board OF Pardons OF Kansas, and IL
he would go further and consult the Jurors
who tried the case and the persons who
Instituted the prosecution he would per-
haps grant fewer pardons to such men as
Clyde Mattox. Yet Judge Foster COM
mends the Federal way Of arriving at the
facts and condemns the Kansas way,
whereas, IL he tells the truth, the Kansas
board proceeds with much more caution
than the President. We in all cases re-
quire a statement from Judge, prosecuting
attorney, jurors, and prosecuting witnesses
where II is possible to obtain them. In ad-
dltion to all this, II It is possible for the
applicant to do so we require q transcript
OF the testimony heard upon the trial, to-
gether with any other testimony sworn
to by the witness that has been discovered
since the trial was had. The board, IL is
true, Is hampered In its work by not be-
ing able TO compel the attendance OF wit
nesseS, and to administer oaths, so that
the newly discovered evidence is neces-
sarily taken by affidavit. In every case the
law requires that publication notice of the
application be given for at least two weeks
before the application Is heard and I'm ad-
dition to this the County Attorney is no
tilted by letter. so that It is impossible for
q pardon to be granted In this State with
out both sides having an equal opportunity
to be heard. 1t would be better it Is true
IL the rules of the board were enacted into
law, 80 that all opportunity for brokerage
and traffic In pardons would be ended. And
yet under the law as 1t now stands there
Is just as much opportunity for traffic and
brokerage In judicial decisions as there
Is In pardons, and from the way some Of
them read 1 believe the opportunity has
Juries continue to make Mistakes and as
long as the public require Of the Gov
ernor the work that would keep three or
four men busy, there will be a necessity
Bile for us to select our judges and 1uries
from around the Great White Throne. so
that It would be impossible that mistakes
should occur, then we would need no such
institution. But as long as judges and
juries are human and therefore likely to
err, there ought to be some tribunal to
which the wronged individual can appeal
with the assurance that he will at least
be given patient hearing and If wrong
fully imprisoned q chance to regain his
liberty. When one comes to know that the
average ago Of the convicted felOns in
Kansas Is under "A, and that One-half OF
them are under 20 years Of age, he wonders
II there Is not something radically wrong
IN the administration OF our criminal laws,
and In the law as II now stands. When he
sees that practically all the conVicts are
poor people, barring a few bankers and
now and then q murderer he wonders n
1t is not possible that money does have
to do with the administration of
justice; and when he sees the very poorest
men serving the longest sentences and the
rich men the very lightest that can be
legally imposed he Is almost sure that
wealth Is factor in the punishment of
crime that cannot be dsregarded if 1us-
tice Is to be done. There are, Of course,
exceptions to this general rule, but they are
not enough to dlsprove the rule The laws
could be amended in many particulars so
as to relieve the work Of the Board of
Pardons to considerable extent. In many
cases the minimum sentence is much too
'ONSiSt 90 10 oAOWn Ny many letters the |
board receives from judges saying at gave
him the lightest sentence could under
the law, but l believe the punishment too
severe for the offense." Some such state |
ment we receive In many cases, notably |
In burglary, rape and robbery cases |
believe that 1t would be an Improvement |
on our criminal law If the minimum was |
made lower than 1t now is in many crimes, |
and the jury were required to assess the |
punishment. Then, too, It seems to me
that parole law similar to the one that |
was passed by the Missouri Legislature In |
1897 would do great deal Of good. Under |
the provisions OF that law a prisoner con- |
yicted and sentenced may be paroled by |
the Judge or court who sentenced him !
and execution Of the sentence stayed when |
N the judgment Of the court, he is not |
likely to offend against the law again. !
This would keep many OF our young men |
out of the penitentiary and give them a |
chance In life that is now denied them. |
After all, crime Is to a great extent the |
result OF vicious social system. Can 1t |
be wondered at that the poor boy, raised |
TO toll and hardship, seeing the resulting |
AL II