Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-29
The GOVERNORS DECISION.

-
While public opinion will be divided as
to the rectitude of Governor Smiths ac-
ton in the Hurst case. and some ROOD
citizens will commend his course while
others will condemn it, there can be no
doubt as to the potentiality of the situa-
alton as an argument against capital
punishment. If the law takes it's course
Mr.. Hurst. formerly a popular and prom
inent citizen of Dawson county. will be
hanged by the neck tomorrow until he
Is dead. If the evidence in the case left
absolutely no room for doubt as to the
condemned mans guilt, the situation
would be gruesome enough. for his exc
cution would serve nc purpose in the up
building of humanity or the protection of
the community from crime. Experience
has demonstrated over and over again
that capital punishment does not act as
a deterrent of crime, and is, in effect,
merely the qualification Of a spirit of re-
venge on the part of the public. 1t is
primarily a relic not of the old Mosaical
aw. but of an ignorant and false inter-
probation of that avian Interpretation
against which the sweet spirit of the
Christ has made little Roadway In this
materialistic age.
But when capital punishment-the
%legalized murder of a ~prisoner-is to take
place on the strength of purely circum-
stantial evidence, which leaves room for
a substantial doubt to creep into the
public mind as to the guilt Of the accus-
ed, then capital punishment becomes not
only gruesome but a legal crime as we'll.
Governor Smiths unjust criticism Of
County Attorney Connollyfor outlining his
HieWsofthe Hurst case in the public press,
does not destroy the public belief that
the possibility of innocence exists, and
that the commonwealth may tomorrow
lend itself to the preparation of a most
horrible crime.
While the governor seems to resent an
appeal to his clemency as an imputation
against the sacred prerogatives of the
court. does he not realize that the same
power which created the court as a judi
cial tribunal also invested in the COVER
nor the right to interfere with it's action?
The powers of the executive emanated
from the people, n should be exercised
in their own right, without necessary
reference to the action of the court which
makes his consideration of a case de-
sirable. 1t is the duty of the court to
act without reference to the possible ac-
ton of the executive at a later date;
and it is the duty of the governor to act
independently of the opinion of the court,
when a plea for clemency is aid before
him under the provisions of the law,
whether his decision as a finality be for
or against the findings of the judicial
body.
1t was a weakness for Governor Smith
to base his opinions in the Hurst case
upon the opinions of the court and jury
which tried him, rather than upon the
circumstances rightfully in issue under
the purview of his authority. 1t was un,
adulterated administrative rot to say tina,
interference with the course of the law or
his part would amount to illegal and iu.
dicial anarchy" when the light to exer.
else clemency is placed in the hands o.
the executive to be used within his discre.
ton.
Governor Smith has freely exercised
the %pardoning power in turning forger,
and burglars and thieves out of the peni
Tertiary, to prey on the community
without a thought of instituting a reie,
of legal and judicial anarchy" but whe,
1t comes-not to the question of pardon
Ing a man. but to the question of com
muting a death sentence to life imprison.
ment' IN a case wherein 1t is firmly main.
! by men of prominence and good re,
Dute that the proofs of innocence can fin,