The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

| partly or wholly recClHeu. VIC Con iSO"i
| localities where in almost every instance
| it depends on which side gets the lawyer
first IT is the same lawyer and about
the same Jury every time, and no matter
how careful and honorable our judges
none of them will in a wholesale manner
set yerdicts aside. And even IN better
regulated communities it is not IN every
case that things go right Such con
aition is only one OF hundreds that might
! with justice call for executive mvestiga
ton and clemency."
Without specially referring to the
pardon, the Monroe Journal made the fol-
lowing defense of the Governors use OF
, the pardoning power:
THE MATTER OF PARDONING.
Monroe Journal
This paragraph, tak ken from one of our
State exchanges, is of a character of
much of the criticism INDUCED in by
many newspapers whenever a pardon by
the Governor is announced:
Talk about the failure of courts to
convict. what good is accomplished
when the Governor steps in and
knocks it all in the head?"
Much OF the criticism is even a good
deal harsher than this. There is a good
deal of talk about 1.-The one man power
To be sure, it is a one man power finally
SO is that exercised by a Superior Court
judge, the law giving him almost unlmit-
ed latitude In many cases, allowing him,
and him solely, to determine how much,
If any, man shall be punished, after he
has been convicted by a jury of his peers.
And the Constitution, proceeding on the
theory that no innocent man should suf-
fer, placed yet another safeguard about
the life and liberty of its citizens by say
ing that the Governor of the State should
have the power of review and, if to him
the ends of justice seemed to demand it.,
the power of mitigation. And in turn,
the legislature, lest this power of the
Governor be abused, has hedged it about
with wise precaution. Thus it is required
that when a pardon is to be applied
for, notice of the same must be given in
the public press, so that if there be OBJ
jections they may be heard then the
reason for his action is set forth in de-
tail and likewise published.
Now, no one has suggested that Gov
ernor Aycock does not bring the utmost
care and patience to bear in the hearing
of these cases. or that he is not open
to argument by all who desire to make It,.
And, so, being called upon to perform a
lawful duty, and doing it as best he can
in the light of a calm judgment and a
good conscience, 1T seems to US that his
actions should not be harshly and care
lcssly and fiippantly criticised. Certainly
he is liable to err, but it cannot be con-
tended that he doesn't know more about
each case after he has patiently examined
1T upon its merits than the editors who
fippantly criticise without being in pos
session of the facts at all. Now, some
esteemed brother is going to rise and re-
mark that the Governor of North Caro-
hna is no car and above criticism. Ger
tainly not. But we all know there is
criticism and criticism. And we would
call attention to the fact that it is not
| the actual pardons which are granted that
help to bring he law into disrepute but
the foolish talk which is INDUCED in by
people who should do better and which
sinks into the minds of other thoughtless
people. 1t is worse upon society for an
innocent man to suffer or for guilty one
to be punished beyond his due, than it
7, is for a guilty one to escape entirely.
Every man who goes into our courts or
Is carried there has a right to have his
case taken to the Supreme Court in order
that it may say if the lower court has
erred in the matter of the law. But the
Supreme Court has no jurisdiction as to
facts, hence a man who feels that he has
been wronged IN the Interpretation of
facts by the jury, or has been too heavily
punished by the court-whieh is O one
man power-has no redress unless he can
go to the Governor and ask for a pardon
or reduction of sentence And, bear in
mind, the Supreme Court overrules the
| lower court twenty times where the Gov
ernoT mterferes. one time. Then there
often happens after the trial that cir
cumstances arise that would make furth-
er punishment a miscarriage of justice.
IT also happens that evidence comes out
that shows conclusively that there was q
mistake in the sentence Should not these
| things be rectified? Too many of us
proceed upon the theory that justice is
thwarted if the accused is acquitted. Ii
| this were true we would have no use for
courts--the police and the sheriff would
decide the matter by just arresting the
right man each time.
The fact of the matter is that pa@
uOnS are one OF JhoSe Things Wnlch some
of us feel called upon TO boo at, without
knowing or caring very much about the
reason for our efforts.
The Greensboro Record comes again in
Fridays paper with two editorial reioind
ers, which are as follows:
"Will the brother who wrote the dis
QUESTION on the 'Pardoning Power in
I this weeks High Point En-
terprise be good enough to tell its read
ers in how many cases Vance
and Jarvis ever exercised the pardonina
power when the Judge refused to recon
mend it, when the solicitor protested
against it, and when the prosecution
through its attorneys. in person and by
/ affidavit objected and protested IN the
name of outraged Justice? Our brother
ought to be able to find one such case II
the reports to which he refers or con-
+, fess that he has misled his readers. Al
F, to the Governors better opportunity 81
/ judging such things with the evidence be
fore him. it may be better than that
of the average critic, but is it better
Major than that of the judge, solicitor
and jury who hear all the evidences fresf