The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-17
HIS POWER 10 PARDON
Governors Action Upheld by
the Supreme Court.
CASE OF TIE RICHARDSON'S
Under Review From Renfrow's
Administration.
CASE OF THE RICHARDSON'S

Guthrie, O.. T., July 1.-THE supreme
court of Oklahoma has upheld the par
doning power of the chief executive even
in cases where pardon is granted before
trial is heard When the state bank of
Perry failed several years ago the indig-
nant depositors made a concerted effort
to hold the Richardson's, who had sold
their stock some time previous to the
failure, responsible for the deposits. Not
only were civil suits brought against
them for the individual deposits. but
criminal indictments were returned
against them After several trials, in
which the Richardson's uniformly came
out victorious, Acting Governor T. J.
Lowe granted them a full and complete
pardon Notwithstanding the criminal in
dictments were still pending. The action
of the acting governor excited general in
terest throughout the territory, which
was heightened by the almost general be-
lief that he had exceeded his powers. In
one of the suits against T. NJ. Rich
ardson, Jr., appealed to the supreme
court, the pardoning power of the chief
executive as applied in the case Of the
Richardson's was made the issue and in
an opinion by Associate Justice Me-
Aztec the authority of the chief executive
to grant an unconditional pardon is fully
sustained. In his opinion Justice Nc
Aztec holds that a pardon is an act of
grace proceeding from the powers en-
trusted with the execution of the laws,
which exempts the individual upon whom
IL is bestowed from the punishment which
the law inficts for the commission Of
crime. 1t is a remission of guilt, and a
declaration Of record by the authorized
authority that particular individual is
to be relieved from the legal consequences
of a particular crime; and that the pow
er and authority to grant pardons for
offenses against the laws of this terri
tory is, by the organic act. committed
to the governor and is complete in him.
The power to grant pardons is exclusive
of the judicial legislative authority. 1t
is conferred by the United States and it
cannot be lessened by any act of the ter
ritoriaI legislature. Whe ma full and alb
solute pardon is granted to one by the
governor of this territory, it exempts
the individual upon whom it is bestowed
from the punishment which the law in
ficts upon crime which he is committed,
and the crime is forgiven and remitted;
that a pardon extends TO every offense
known to the law, it may be exercised
at any time after its commission, either
before legal proceedings are taken. or
during their tendency, or after convic-
ton and Judgment: that after a pardon
H., l. 1
at al Itfmes fail, notwithstanding the fact
that it may not have been granted in
pursuance Of regulations provided for
in the statutes of the territory; that the
territorial legislature has power to i'm
pose limitations upon the maner in
which the pardoning power shall be used
set up, alleged or called to the notice Of
the court, as a defense All that it re-
quires it that the attention Of the court
be called judicially to the Vet that a
full and absolute pardon has been grant
ed, and the court before whom the mat
ter is pending will itself determine wheth-
er the evidence is sufficient; and when
as in this case, there is no condition on
the subject, but the pardon is admitted
Il is the duty of the court to discharge
the ueLehudHl anu uiSiISS the pIOCefu-
ings against him; that, in order to i'm
peach a pardon for fraud it must be done
in direct. and not in a collateral manner
such as the present proceeding; and that
the fact that a pardon has bene granted
is available as a protection from any
further proceeding in respect TO the crime
for which the pardon has been extended
at any time or stage of the proceedings
before the execution Of the sentence.