Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-08

| to the statute books by one of the best
posted lawyers in Butler county
brought out these facts some of which
will be new to the reader. First and
foremost, contrary to a generally ex-
pressed opinion, the governor and not
the legislature has the pardoning
power not only in cases wherein i'm
prisonment for life for murder is the
sentence but in all other cases. The
law is, that in life imprisonment sen-
fences, where an application for par
don is presented. "the governor Shall
ask the advice of the legislature but
nowhere is the pardoning power given
the legisla ture, neither is there any ref
erence to the governor acting favorabiy
or otherwise after asking or receiving
such advice. He can do just as he
pleases.
Referring again to the Bussey case
the procedure is as follows, OF course
all others being similar in action. Bus
sew was convicted of murder and sen
fenced to be hanged. The law expressly
states one wear shall elapse after csn'-
viction and before execution. the cont
demned to be imprisoned In the nfeanf
time. Therefore all murderers have ore
years grace and during that time genr
orally appeal the the supreme
court on writ of error. Bussey,s
LAWYERS so appealed, and nearly an
other wear has elapsed before the SUI
pren1e court has found time to take Il
up. If Bussey's case is affirmed, ina
is n the sentence and rulings AND
evidence all shown and used before she
district court. are satisfactory TO the
supreme court. then the court so no.
titles the governor and ne may HX
a date for the execution or the MUIR
derer and send the sheriff or the county
where the murder was committed, Or
ders to carry out the sentence or the
court. Notice the wording: Ihe gov
ernor may set a date for the execu-
ton nothing obligatory. Ii the gov
ernor fails to do this. the condemned
murderer remains in the penitentiary
for life unless pardoned by some gov
ernor, or executed by the orders of
some governor. The writer is told
that In the penitentiary there are now
five condemned murderers, under SEN
tanee of death. likely to remain there
some time, because the governor at
Tune OF their SeHtellSCS, A'AAANs - - =
date. and no succeeding governor feels
Called upon to do the act his predect ssor
purposely. or otherwise failed IL do.
If the supreme court reverses the ac-
ton of the district court, the new pro-
ceedings in all cases are exacty as
though no trial had occurred previous
Nv. To illustrate, IL the supreme court
reverses the action of the district
court in the now celebrated Blyden-
burgh case, it will again come UP for
trial. with any new or old evidence
obtainable at the time of the new trial,
and all the expenses of the previous
trial having no bearing upon or efer-
ence to the new trial. All OF the above
was iotted down as obtained from the
LAWYER by reference to the statute
books and is here written out from
said memoranda The writer hopes If
he has misstated any legal points, some
one will publicly correct such ms
statements for the public is very mucn
interested these days in murder cases,
paroles and pardons, and there is
growing feeling that some changes are
needed in Iowa law practice. al least
In murder cases. Not the least is the
fact. that under our present law and
system. a self confessed murderer like
Russey, can be tried and sentenced 70
he hung, and yet continue To live I'M
ease and comfort at the penitentiary
until old agasclaims a victim. o.. until