The daily journal. (Salem, Or.) 1899-1903, 1903-09-03
GOVENOR'S
PARDON
RECORDS
AStOrian CritiziSeS
Several of the
Administrations
WOnld Amplify Geer at Ex-
penSe of Three Other
State Executive
Officers

| In an editorial, under the caption,
"Lynching and Pardons," the Astori.
an OF last Sunday morning. after a
discussion OF the lynchlng problem,
places the blame for the many lynch,
ings at the door of the executives of
states. who, the writer states, are re.
sponsible "for the grinding OF the
| pardon mills" II calls attention e
the abuse OF the pardoning power
in Oregon. THE late Governor Pen.
noyer was the record maker for the
state" II says. An after discussing
that Governors record, II continues:
Governor Lord, his successor, par.
doned fewer during the first two years
OF his term, but towards the latter
end the flood gates were opened.
Governor Geer used the pardoning
power more sparingly than either
Pennoyer or Lord. Governor Cham
berlaln has occupied the executive
chair but a few months and his rec
ord, considering his contact with
criminal life as prosecuting attorney.
is not what might be expected. The
cure for lynching, the Governor says,
lies in refraining from the crime OF
rape, and yet one OF Governor Cham
berlain's first official acts. II memory
serves us right, was the pardoning OF
a rapist."
The writer then discusses the Pea
cock case. and severely arraigns the
Governor for interfering In the sen.
tence OF the court by committing the
sentence Of the unhappy hunchback
from death by hanging to life imprls
onment He details the fact that
though a lengthy petition had been
presented to the Governor asking
that the law be allowed to take its
course and though the district attor
ney had urged the execution OF Pea
cock. the Governor set aside the
judgment and turned down the peti
tlon, an act calculated TO SOW seeds
OF lynch law in the minds OF law
abiding people"
The editor OF the Astorian Is Cap
tain Walter Lyon. former private sec
retary 10 Governor Geer, and the pur.
pose OF the entire article seems TO be
an attack on Governor Chamberlain,
and at the same time a quiet boas
that 1--WE did not violate the proprle-
ties as they are now being violated by
the Democratic incumbent" com
parison OF the acts OF the two govern
ors will therefore not be out OF place,
The record shows that Governor
Geer's third full pardon, granted a
few months after his inauguration,
was that OF a young man who had
been convicted OF rape. had been sen.
fenced TO q term In the penitentiary
In the month OF July. 1899. and the |
pardon was granted on July 29. 1899 |
the same month, and as a matter of |
fact before the defndant was eyel
taken TO the prison.
A short time later the same Govern |
or pardOned a man from the peniten
diary who was serving a life sentence |
for murder, and had served less than
two years.
On March 22. 1899. less than three
months after Mr.. Geer became cover
or, he commuted the death sentence
OF j. M. Olberman, convicted OF mur
der In the first degree, TO life impris
onment, an action identical with that
taken by Governor Chamberlain in the
Peacock case. This was a peculiar
case. The evidence showed that OF
herman after quarrel with his vic
tim, waited until the latter was
asleep, then he stealthily entered the
room and shot the man to death
Another. and one that might be
called parallel case, came up a few
days later. On April 3. 1899. less
than three omnths after Governor
Geer's Inauguration, he commuted the
sentence OF Frank L. Smith, from
hanging to Lle imprisonment and the
Governors record gives as a reason
for this act. the following: mental
weakness; moral irrcsponsibility;
Of citizens; doubt as
TO guilt"
Mental weakness was also present
In the case OF Peacock, as Ras moral
lrresponsibility, according 10 five OF
IN leading specialists In the state on
the subject OF mental disease. at least
two Of whom were not In the employ
Of the state. and one OF these two
served as physician at zone of the
state Institutions under Governor
Geer But IL is the last reason ad.
vaneed for the commutation Of Smiths
sentence that will require some at
tention IN view OF the Historian arti.
Gle. HDoubt OF guilt" Is Il possible
10 doubt the guilt OF man after IL
men have pronounced him guilty
Surely not. for the -AstOrian says that
Governor Chamberlain set aside the
decree. Of the court and eommnted the
sentence Of Peacock an iaet that. he
would make believe. is calculated 20
foster lynch law. II is true. Governor
did just this, and he !
Iound many precedents in similar
Eases. nor did he need 90 outside OF
Oregon" 10 find them. as his immedi'
ate predecessor who with a numbsr Z
II his appOlntees was largely respon.
llble Tor the election Of our present :
Governor. had set an example easy