Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-12-29

granted by the supreme court ID cdse
important newly discovered evidence
relating to the crime were brought
10 its attention. As there is scarcely
the faintest prospect of either STEP
being taken, Mrs. Rogers has practi'
cally no chance OF escaping the gal
Ilows on the day set BY the judges
sentence.
| A good deal Of misunderstanding
exists. both within and without the
| state. as to what powers the three
several branches of our state govern
| ment have with relation to capital
punishment. The general assembly
fixed BY statute the penalty for the
commission of murder in the first
i degree-the murderer must be hanged
by the neck until dead, The statute
further provides that this penalty is
not to be inflicted until a session OF
the general assembly shall have inter
yened. Such assembly, being repre-
sentative OF the sovereign will OF the
people. can alter the form OF punish
meat for any condemned murderer IN
any way it sees fit, not being re-
strained by constitutional provision.
| 1t can commute the sentence imposed
by the court from hanging to inn
prs0nment for life. 1t could, il it
saw fit, modify the penalty further
and probably could pardon altogether
as we shall consider In a moment.
The legislature gets its authority in
this matter from no special statute,
but the authority inheres to it, and the
Implication OF the constitution sus-
tains it. In short, the legislature
makes the penalty for murder, and 1t
can, whenever it chooses, or for any
special case, alter that penalty. The
court that pronounced judgment
merely did the duty that the statute
prescribed, and had no higher author
lty than that OF the law-making power.
Under this reasoning, we see no es-
cape from the conclusion that the gem
eral assembly has the right to inter
yene in favor of any prisoher held for
any crime. II John Jones is serving |
a sentence OF ten years In states |
prison for horse stealing, there is
nothing to prevent kindly disposed |
legislature from reducing the penalty |
By as much as it pleases.
The general assembly is the source
OF all power. except where the consti-
tuition specially, or by fair implication,
provides otherwise. II is fair impll-
cation perhaps, to suppose that the
should limit its duties to
the general matter OF fixing one penal
ty tor all persons found guilty of
certain crime and not showing dis
in favor of a particular
but it has done this latter
in committing the sentence
Of murderers, and if IL can be done
With them why not with lesser Offend
,rs2
II the governor hasn't the right to
PARDON in case Of murder-and the
constitution says he hasn't-who has
The court can only stay proceedings
or further judicial action. Either
here is no such thing as pardon for
in Vermont, or the power
o Issue rests with the general assem-
'ly. We can discover nothing in the
constitution tending to deny such au-
hority to the legislature. The only
aw we have relative TO the commits
ion Of murder comes from that body.
nd lift determined to spare a certain
condemned murderer by special act OF
lemency we are inclined to think it
light do so.
OF course much of this is merely
peenlative. No such thing will ever
g done. We don't believe it proper
ven II legal, for the assembly 10 in. ,
ade the domain Of the Judiciary in !
ais way, Our main purpose is TO
how how a thing may be technically ,
gal and yet violate the common idea /
I fairness and justice. We have
ever considered it a proper subject
n legislation to deal with the SEN
nee imposed by court, either with /
'ierence to murderer or criminals
lesser stripe. One penalty Tor all :
Re offenders, and that a penalty pro- !
ortioned to the offence, yetno. shock
Ig 70 the moral conscience of a state
As our appreciation.