The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-17
Board of Pard0ns Has to Go Over
Its Work.
INPECULIAR PREDICAMENT
THREE HOURS TOLL GOES FOR
NOTHING.
After Considering and Passing On
Number of Applications For Par
dons, Judge Baskin Discovers
That 1t Requires a Majority to
Concur and This Was Not the Case

The board Of pardonS yesterday found
itself in the position of the old king
who marched up the hill with his 10000
men and then marched down again,
After putting in some three hours of
hard and tedious work the board dis
covered that its action had not been
legally taken, so all of yesterdays grist
will have to be ground over again ar
the regular meeting of the board next
month.
Several applications for pardon We're
considered, together with a mass of ac-
cllrnulated papers and several oral ar
guments. Then the board went into ex-
ecutive session. Only Governor Wells
and Justices Baslin and Miner were
present. The three constituted a
quorum, as Justice Bartch and Attor-
ney General Bishop are the other MEM
beers.
Board Wasn't Unanimous.
When the three got into their pri-
waite deliberations they found that not
on a single case We're all agreed. For
some reason or other, which he con-
sidered good and sufficient, one MEM
Der every time refused to coincide with
the other two. Still this did not seem
important, and the board after a time
reported its findings to the clerk.
Governor Wells went on down to his
office, where he was engaged in the
transaction of some business, when
Justice BaSlxin came in, slightly out OF
breath. The two held a hurried con-
sultation. and then Justice Miner was
sent for. In a few minutes the clerk
was also called in and finally it was
given out that the action of the board
in passing on the various applications
had been illegal.
The law says distinctly that no par
don shall be granted unless a majority
of the board concurs in the action. AS
two members do not constitute ma
jority, it was perfectly clear that every
thing done by the board yesterday will
all have to be done over again at some
subsequent time.
Report of Action Suppressed.
All news as to favorable or unfavor-
able action on the applications that
were considered was carefully sup
pressed after Justice BaslSin made his
discovery. Several inmates applied for
release from prison. Some of them had
lengthy petitions and many friends,
while others had bare application
blanks filled out and no friends or en-
dorsements.
The application of Thomas Williams,
who was sent down from Juab county
for murder fifteen years ago, for life,
was to have been considered. When it
was reached, however, Attorney S. p.
Armstrong, who represented Williams,
moved that it be continued for one
month The motion was granted with
out discussion.
On behalf of Thomas Lacy, who was
sent UP from Ogden for seven years for
burglary, Nov. 10, 1896, William Turton
made a plea. He said the prisoner, in
a moment of inadvertence, caused by
whisky. committed the crime with
which he was charged. He had al
ways borne a good reputation, though,
and his punishment was disproportion-
ate to his offense. Judge Rolapp, who
presided at the trial, as well as the
county officials and the jury in the
case, recommended that the pardon be
granted.
Apostle Smith Talks.
Another application was from Frank
Farr of Ogden, who broke into a brew
cry and got a year in the penitentiary
therefor May 81, 1899. Apostle John
Henry Smith talked in favor of grant
ing this pardon on the ground of the
prisoners youth and his present desire
to reform
Clarence E. Bean, who has embraced
Christianity since he was convicted of
burglary, Dec. 10, 1897, and sent up for
five years by Judge Norrell, had an
application in Accompanying it was a
letter from Rev. Clarence T. Brown,
who stated that Bean was doing good
missionary work among the convicts.
Other applications were from George
Wanless, sent from Provo. Feb. 2, 1893,
for three years for attempted rape, and
Francis Hegestead sent from Beaver
for sixteen years, Nov. 16 1895, for muir
der in the second degree.