The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-22

Constitution was adopted, and Nevada
was admitted to the Union. The Ter
ritorial Governor was authorized to act
as Governor of the State, until the sue
ceeding first of January. During this
interregnum Nye issued an absolute
pardon to James, to take effect the sue
ceeding February.
The existence of this pardon was kept
quiet for political reasons, until after
the Senatorial election. On the day
that it was to take effect the warden
released James, who thereupon departed
for California.
The Attorney General of the new
State, noting the departure of James,
began to make it troublesome for the
warden, who had permitted him to go,
and that functionary. who had some
doubts as to the legality of his action,
wrote to James requesting him to re-
turn. The liberated man did so, and
proceedings were at once instituted to
determine the legality of his impris-
onment by the issuance of writ of
habeas corpus by the Supreme Court of
Nevada.
That tribunal upon the hearing, de-
cided first: that the Territorial Gov
with the power to pardon, but not
with any power to commute, and that
the Communication of sentence TO i'm
prisonment for life, was invalid.
Second: That under the State Con-
stitution the Governor did not DO s3"ss
the pardoning power-that function
consisting of the Governor, Chief JUS
- H.
ney General, and that as the pardon
of Nye was not made operative until
the State Government was in opera
ton, it was invalid.
Third: That the prisoner was IL
legally in the custody of the warden
of the State penitentiary; that the
Sheriff of Storey county was entitled
to him and to his charge he was remit
ted, to execute the original sentence OF
death.
AS the day fixed in the original
judgment for the execution of James
had passed, it was necessary to have
re-sentence, and application was
made to Judge Mesick of the District
Court. He called for the record of the
original judgment. That record read
as follows:
THAT on (such day. you be taken
to the place of execution and there
hung And there the clerks journal
ceased. It was not stated whether
the prisoner would be hung by his
neck, or by his heels, or by the strap
of his pantaloons, nor was it prescribed
that the hanging should continue until
the death of the culprit.
Then the District Attorney moved to
amend the judgment but Judge Me-
sick shook his head: This Judgment
said he, was pronounced by the Judge
of the Territorial Court, and that
Court is no longer in existence. There
is a grave doubt whether the judg-
ment of Court can, in a case of this
kind. be amended after the expiration
of the term during which it was rem
dered, and certainly it cannot be
amended after the expiration of the
Court as well as of the term-the de-
PENDANT is discharged
And James looked up and remarked,
81 suppose Judge, I kin now go back
to my work in Strawberry Valley and
not he bothered any more with this
foolishness?" And Judge Mesick re-
piled, Eyes, suppose that you can"
AAA
What, do you ask, are my chances"
said an independent candidate for sher-
lift. Really, 1 cannot accurately say
1t will take $50 votes to elect me, and
nj L can be certain of is that will be
the next sheriff of Ormsby County, or
else there are 963 of the biggest liars in
the world living right here
The liars were there-S46 of them.
A A A
When General James II. Wilson was
Commissioner of the General Land Of
flee, wrote him as follows. "Sir. 7
find in the advance pages sent me of
your forthcoming annual report, a
statement that the Truckee River takes
its rise in Pyramid Lake, runs south
westerly and empties into Lake Tahoe
the reverse is the case. AS Lake
Tahoe is 1900 feet higher than Pyramid
Lake the difficulty that would be ex-
per1enced by the Truckee River in
changing its course to accommodate it.
self to your report, would probably be
less than your department would ex-
perience in changing the report to ac-
commodate itself to the course of the
river. With the highest assurances of
consideration, am, etc.
And the Commissioner changed the
report, but his dignity would not suf-
fer him to reply to the letter.
A A A
I'D like to ask yez a question, Sir"
said tall Hibernian to the candidate
who was orator of the evening.
Certainly replied the speaker,
what is it?"
1T is reported of yez that We said
last night that yez considered a naygur
was the aiqual of an Irishman. Did
yez say that?''
Il did not" was the reply.
'If you didn't say it thin, what have
We to say about it now? And do yez
think that a naygur is as good as an
The candidate paused. TIE 18th |
amendment had just been ratified and |
there were 400 colored men in the coun- |
ty whom he did not wish to offend, on |
the other hand the Irish vote was |
equally large.
Are you an Irishman?" said the can