Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-16
ABUsE or THE PARDoNINa
POWER.


inal law. This tendency is unquestion-
ably upon the whole beneficial, as well
as humane. Fewer crimes are commit
ted, percapita, in civilized countries
than were committed when the death
penalty was attached TO more than a
hundred forms of law-breaking.
But a necessary condition of the
beneficial effects of more moderate
punishment is that the punishment
shall be certain. Swift and relentless
retribution must follow every detected
crime, or the moral effects of punish
ment in deterring criminals is entirely
lost.
The first necessity of certain puni"h-
ment is prompt trials; the facilities for
securing postponements and delays
should not be too generously extended.
The second is fair and impartial trials
courts organized to do equal and ex-
act Justice; iurier fearless in discharg-
ing their duty, without maudlin sympa-
thy for malefactors.
But there is a third requisite. The
granting of pardons should be carefully
and even sternly safeguarded.
1t is in the last named particular
that the Sentry sees deplorable indica-
tions of relaxation in some quarters.
The courts are steadily advancing in
promptness of trial and disregard of
undue leniency to the undoubtedly
guilty through false pity for their mis-
fortune. But we fear that the pardon
ing power is getting to be abused more
widely every year.
1t would not do to abolish the par
doning power altogether. But it might
be well to limit it by law, by the force
of public opinion, to cases where new
evidence tending TO establish the in
nocenee of the convicted person has
been discovered, or where reprieve is
ppitively a matter of immediate life
or death.
Pardon is, by our national and state
constitutions, largely an executive
function, and some executives have
shown great jealousy of legislative en-
croachments thereon. But complaints
of exceptional leniency of certain gov.
ernors has led several of the states to
establish pardoning boards, which act
sometimes merely in an advisory capa'
city. in other cases with practically
full power.
And now these pardon boards come
in for their share of emphatic criti-
eism, for acts which are apparently
based on a distortion of their intended
prerogatives.
In some instances it has come to pass
that the board of pardons has been
transformed, practically, into court
of appeals The effect of this is bad.
All criminals find that after conviction
they have one more trial coming, and
they are not slow to demand it. Hence
at its stated meetings the board is
deluged with scores of applications for
a remission of sentences, constituting
in reality a reversal of verdicts, and
having no merit behind them-merely |
the impudence and persistence of the
convict OF the clamor of his relatives.
The work of the pardon board is no
longer limited to that cut out for it, by
its originators-considera of per-
sons who have suffered a manifest in
Justice, of eases where conclusive proof
OF innocence has been found, or other
wholly exceptional conditions. Apph- |
cation for pardon has ceased TO be the
exception and has become the rule
among the whole mass of eonviets.
They see their fellows easily liberated,
and they all naturally desire to try the
same method.
1t needs but little more progress IN
thi, direction at the present rate to
make il sure that, in some states. every
person sentenced by the courts will
have his case brought before the par
don board for re-hearing.
Certainly this is an expansion of the
powers and duties of these boards that
was never intended when the law were
framed. II is inconsistent with the
administration of justice and the OH
sorvance of law. IL does away with
the moral effect which the supposed
"certainty of punishment has in
deterring the criminal Il is direct
encouragement 20 the increase of
crime.
1t thus comes about that, by this
= N,sumption OF unauthorized powers,
and good od-uatured yielding 10 the inn
portunities of the friends Of eonvicts,
all respect for law is in danger of
overthrow, and the courts are sure 10
become a moekery. Then laws will be
interpreted by sentiment. Attorneys !