The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-01-12

by Daniel iEoone, In this valley In 1901.
Wishing his society TO possess 50 inter
esting n ireilc of the brave old pioneer
who founded the great state OF Ken
lucky, this gentleman asked II our So.
ciety would part with relic: he was told
no. that twas not for sale. Pressing
the matter, he asked five would take
300 for 1t: again he was assured that It
was not on the market. He'then asked
" 1890 would tempt US. and when the
answer was the same he said: We'll.
IL vou Will make me an offer at, not
exceeding $1,000, and give me ten days
option. to see end consult OUR society.
think We would buy IT." but he had to
leave. without the option. An Insurance
company might, possibly. be willing to
pay Ave cents as the intrinsic value Of
this report signature. frame and glass.
In view OF the valuable work the So
.ciety has done. Is doing, and is expect
ed TO do In the future. In the interests
of the state: In view OF their urgent
:ieed gilmore accessible, roomy and bet
ter arranged Quarters. and in<vlew OF
the constant danger to which their val
.uabie library and general museum are
now exposed, I recommend that your
bodf adopt the. suggestion ! have made
to erect a fre-proof building for the o.
cupancy. uses and purposes OF this So
clety. ana for other purposes therein
stated. = 81,
The+mportance and necessities OF the
case justify such an appropriation; the
condition OF our treasury fully war
rants It. and !lsfecl sure the public will!
appreciate Il. ;S. ri e i y v IS 81
A BOARD OF PARDoEs.
4 The state has become too populous
for. the pardonlng power 10 be lodged
wholly In one2man. There should, be a
board OF pa:dons. with the governor as
final arbl,er. as In the older and more
populous states. The constitution OF
our state lodges the pardoning power
wholly With the governor. and It is
commended By some:tltat the creating og
the leglslaturefot! n board OF pardons,
would. therefore. be unconstitutional
To follow the strict letter. and not the
spirit 81 the constitution. such conclus-
lon NIGH. be tena BILE. But bill can
be so framed. I minclinedi to believe.
that will NOT be unconstitutional. ] { a
pardon board were created. the COVER
nor could BE- made the final arbiter. 60
that no pardon could be granted by the
governor and thus. In point OF fact. he
would stlll hold complete control over
any and oil pardons which might be
recommended by the board
II such a law were enacted, 1t would
relieve the governor OF vast, amount
of work and responsibility. and am
uttp de- paf taf 10 ~ aet. ~,
the people. ~
No one. unless he has passed through
the ordeal Of hearing pardon argu-
ments, and being forced under existing
law 10 pass uron all applications for
executive clemsncy. can apprccIatcsthis
matter. However careful. honest and
jlldicious an executive may be. heis Ill
rariablE attacked FOR whatever he may
do, and his motives are often impugn-
ed. This Is unjust and wrong, and the
only relief that 1 can conceive OF lies In
a legal board OF pardons. I:
While 1t is true that I have extended
clemency to quite goodly number OF
unfortunates. 1t Is also q fact that re-
ject ten, or more. applicants fo.. every
one who receives recognition. j have
released nc one from the penitentiary
except upon the most careful 'examina-
ton OF all the facts involved in each
case. and thus fully satisfied my mind
that relief should be granted. / have
been amazed In many instances. by 4
careful examination Of the evidence. to
find men incarccrated In our stasa peni-
tertiary upon evidence, which in my
Judgment. was wholly insuf!iI,!nt to
convict them. Under sucl, ciraum-
stances, have invariably granted
prompt relief. s,
There Is also another class of cases,
which lawyers anu courts class as
CLOSE cases" These cases require
mitch earnest work by governor who
Is, as In our state. the SOLE parlloninO
power. The evidence must be careful
lr gon. over. and the judges nad prose-
cutting attorneys must be consulted. In
no Instance haveiI ever granted Glenn
eiicy In cases OF this sort. witheu. tho
unqualified recommendations 0t th4
Judges and state prosecutors Indeed.
may add that l have never. except IN
very few instances. pardoncd any one
unless his application was Endorsed by
the judge. prosecuting attorney and
jury who convicted him. I regard this
rs n cafe rule to be governed By, and
have rarely devlated from 1t. The Judge
and prosecuting attorney aud jury who
tried the case certainly should know
more about the real merits OF 1t than
could possibly acquire; consequently I
depend almost wholly upon them 10
guide me IT. my action In granting par
dons.
! There Is still another class Of cases
which freduentlT come before me,
namely. where new aud important evil
d5nce has been discovered after the
trials took place If this newly dis
covered evidence" rs the law books
term 1t. had been introduced at the
trials, the rerdicts doubtless would
have been different. {. Such evidence
comes before me IN the forth or nIildav-
lis. and after satisfying myself that the
atlantis are responsible persons. I re-
ceive them as proper evidence In the
cases, and give them due weight and
consideration. This. OF Itself. often
lirlngs undue criticism upon the par
doni.liS rnwers 4 newspape" Represent
tatlve may be present ut trial AMI
the case Is 4 plain one. The party Is
convicted. and he Is subsequently, par
coined. His pardon Is based wholly up-
on newly discovered evidence. but no
consideration Is given 10 his fact. he
cause 1t Is unknown 10 the public: get
the pardoning power is grossly and i'm
properly censured. and n false motive is
impurned Tor the rcleasc OF the party.
The best way nu, of all this trouble. Is
the creation o. load of paraons,
which ! trust. can be done, without TN
due infringement upon the constitution
OF the state, because, ms have
said before. the approval OF the
governor Will still be essential to give
force and effect to the action Of The
board, and the governor. therefore. will
still hold. In effect. the power to pardon.
as required By the plain provisions of
the constitution.
OF ENTRADITING PRIS-
ONlERS.