The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-04-07
THE COURT OF PARDONs VERSUS
THE BOSS

Georgia are either considering the
change or have already taken the initi-
alive in that direction. North Carolina
is very "poke-easy" in this matter, and
the indifference shown to the vile, de-
testable one-man power is enough to
lead any one to conclude that it is pop
ular, that it is regarded as an excellent
arrangement, and ought to be protect
ed and continued indefinite until the
last COWS come home in the wind-up
of North Carolina when the chapter OF
time shall close finally. What have re-
cent North Carolina governors done to
attract men of sense to such a mon
strous anomaly in a government of the
people? What has Russell done by his
indefensible abuses in the exercise OF
the pardoning power to win favor, pro-
tect society, and give force to law and
the decisions of the courts.
From some of our Virginia exchanges
we learn of the movement in that state
to have a pardoning board. The whole
press of that ancient and distinguished
commonwealth are said to be we'll
nigh unanimous in favor Of such a
IN .ch needed board. But the trouble
seems to be to get one that will prove
efficient by reason of ample powers. 1t
seems that there is already in operation
a sort of board consisting Of the board
- ro@or- 80 +ha ~aritnpfioru Th0u
can recommend pardons to the governor
and he may if he will act upon their
advice. But he may not do as suggest
ed. So practically he is in full power,
and at last the p%ardoning is all in his
hands.
We would favor a board with no
governor in it. Three able judges of
law, men of high character and proper
sensibilities, would be quite sure to do
the right thing oftener than a chief ex-
ecutive perhaps a poor lawyer Or no
lawyer, as the case has been sometimes
in North Carolina, burdened with much
other business cares. Governor Tyler
likes the Virginia plan now working.
Of course The governors will like the
plan if they are in it heavily and first.
The Richmond Times says of the
Virginia plan, the pardon granted being
conditional, that "the convict is given
a ticket-of-leave, and if he shall violate
any of the conditions prescribed he
shall, upon complaint being made be-
fore a justice of the peace, or any other
officer authorized by law to issue war;
rants of arrest, be forthwith appre-
hended and brought before the judge
of the court in which he was convicted.
In such case the judge is required to
investigate the charges, and, II found
to be true, convict shall be returned to
the p~enitentiary, there to serve out the
unexpired term of his sentence.
Governor Tyler says that this law is
working beautifully, and he believes
that it will greatly relieve the situation,
making it, perhaps, unnecessary to
have a board of pardons."
1t may be a better plan than the bad
plan now working in North Carolina,
much to the disgust of many intelligent
and upright people. But we would
greatly prefer the board than the sys-
one-man in full force. The Richmond
Dispatch seems at this distance to take
a view that is sensible, practical and in
accord with public demand.
''That law ought to be amended SO
a to require the penitentiary board to
report only upon the prison record OF
the man. The board may refer to the
records of the institution and may eX-
anime the prison officers to ascertain
the character of a petitioner, u out
side of this they have no means OF
knowing whether the applicant is "a
fit person" upon whom to exercise the
~pardoning power. What they do, how
ever, is to write to the trial judge or
commemorative attorney-sometimes
both-for information On the subject.
Now, this latter part of their work
would better be devolved upon the adj
yisory board, when created, leaving to
the penitentiary management the duty
of making a report as to the prison re-
cord of the applicant.
North Carolina needs light. 1t is
quietly submitting from year to year
to a system almost unworthy of any
age of civilization. After long trial it
is seen to be very offensive, very OBJ
noxious to criticism, and a great inter-
ference with the findings of courts.
The state press here do not appear to
be interested in the necessity of a
change from the one-man tyranny to a
regular court Of pardons presided over
by men of known legal ability and in
tegrity and humanity. If the power of
an enlightened press was excited in be- |
half of a salutary and needed change,