The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-02-02
OPINION BY JUDGE DENT,

OF the Supreme Court OF Appeals
Sustaining the Right Of the Gov
ernor to Grant Reprieve to Elias
Hatfield, in Order That the Cas-
May Be Reviewed by the Highsl
Court.
Special Dispatch to the Intelllgencer.
CHARLESTON, w. Va, Feb. L.
Judge Dent OF the supreme court hai
died the opinion which he prepared II
the case Of the state against Warden
Hawk, Of the state penitentiary, when
the court decided that the governor has
the right to grant reprieVes Whenever
he may deem necessary. The opinion
Is Of interest all over the state, be-
caus Of the important question decided.
In his syllabus Judge Dent says:
'"The power to reprieve In all cases 4
vested in the governor Of this state
by the constitution thereof where the
necessity thereof exists. he u the
sole Judge Of such necessity, and his
conclusions are not reversible by the
courts, but are binding on the other de-
partments Of the government.
"a person convicted Of felony in the
circuit court is entitled to have the ex-
ecutlon Of Judgment suspended until
reasonable time after the next regu-
lar term Of the supreme court OF ape
peals, that he may make application
thereto for a writ Of error"
Judge Dent then proceeds with his
opinion, which in part Is as follows:
ITO writ Of mandamus nisi. requir-
Ing the warden Of the penitentiary to
receive and confine therein Elias Hat
field jr, convicted In the circuit court
Of Mingo county for murder and SEM
fenced to Imprisonment for twelve
years, the return Is made that the gov
ernor had granted a reprieve for thir-
ty days to permit the prisoner to ap-
ply to this court for writ Of error.
To this return the relator demurs as
insufficient, on the ground that the
governor has no power to reprteye ex-
cept in capital offenses.
Section 10, Article Z, Of the consd-
tuition. says: The governor shall have
power to remit fines and penalties in
such cases and under such regulations
as may be prescribed by law; to COM
mute capital punishment and except
where the prosecution has been carried
on by the house of delegates. to grant
rcprieves and pardons after convic-
tion.'
THE power to pardon necessarily M
cludes the power 10 reprieve or sus-
pend the sentence until the matter can
be inquired into and determined. At
common law the power to reprieve was
lodged in the courts as the represent
alive Of the king, he being the foun-
tain head Of Justice, and he was never
called upon to exercise it. except in
capital cases Of necessity. All offenses
wetA deemed ofrenses against the king.
1t Is reasonable that he only who Is
Injured should have the power Of for
giving = Cooley's Blackstone, vol
ume. third edition, p. 26S.
Because the king was never person.
ally called upon to exercise the power
OF reprieve, owing to the authority del
egated by him to the courts, except in
capital cases, has grown up the theory
that he had no such power. Almost
all ofTenses in England in Its early his
tory were capital, the number being
not less than 1850. The king was kept
so busy In capital cases that minor Of
lenses or misdemeanors were entrusted
to his courts, justices and magistrates.
That he had the power to reprieve or
suspend there can not be the least
doubt. The governor Of this state Is
clothed with the kings prerogatlve In
this except wherein is plainly limited
by the constitution. Hence, he has
the power to rcprieve in all cases where
necessity requires his Intervention. OF
this necessity he Is the sole and hna1
Judge. and his conclusions are not re.
Vlewable by the courts. In such cases
as the present while the power exists
the necessity OF It's exercise should be
avoided by the trial court, rs provided
by law, postponing the execution Of
the sentence until reasonable time
beyond the arst day Of the next term
Of the supreme court Of appeals. Sec
ton 2, Chapter 1850, Code)
"This necessity means a regular
term fixed by statute. The time grant
cd should be sufficient for the proper
preparation Of the record and present.
alton OF his petition to the supreme
court. The time in this case, without
regard to the terms OF the supreme
court. was fixed at sixty days, oral-
narily u sufficient time. but owing to
some unusual delay on the part Of the
stenogranher. which remains without
reasonable explanations, the time. by
no fault OF the prisoner, proved insufii-
clint. The prisoner was therefore just
~ entitled to nm extension Of law"
Concluding Judge Dent says: This,
however, should be warning to circuit
courts to grant to persons convicted Of
felony the reasonable time provided by
statute, and compel It's officers to dis
charge their duties so as to facilitate.
instead of delaying. their applications
for writs Of error in this court"