davidaulloa/AmericanStories huggingface dataset:
Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1906-04-05
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Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1906-04-05

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m0roen.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Supreme Court Holds
Conditional PardOns Valid

Criticism of the State Board of Par
dons for what has been termed the
wholesale pardon of convicts has been
Outspoken in certain places, says the
Tallahassee Sum-
The Supreme court at Tuesdays
session passed upon case of condi-
tional pardon, which shows conclu-
sively that it is not farcial and that
judicial surveillance does not sleep on
such cases.
Justice is not vengeful. 1t is in
tended to be corrective, and its first
purpose is to make good citizens and
not convicts.
In the case of the state of Florida,
plaintiff in error, against Peter Horne,
defendant in error, from Gadsden
county, the court defined the status Of
conditional pardons granted by the
State Board of Pardons. This case
has attracted wide attention in mid
die Florida, owing to the prominence
and popularity of the defendant.
in April, 1898. Mr.. Horne was con-
victed in the circuit court of Gadsden
county of the Cifense of assault with
intent to murder, committed upon Mr.
Harry L. Taylor, then a conductor
upon the Seaboard Air Line Railway.
On April %, 1898, he was sentenced
to five years Imprisonment from the
date of sentence. On January 8, 1901,
he was granted conditional pardon
by the State Board of Pardons. On
July Is, 1906, FIVE years and a half
afterwards. after the date when the
original sentence began to run, the
pardoning board revoked the condi-
tional pardon granted in 1901, upon
representation made to it that Mr..
Horne had violated the conditions of
the pardon. He was ordered to be ar
rested by any sheriff in the state, and
was arrested by the sheriff of this
county and imprisoned here pending
his return to the state prison to serve
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

Imprisonment that he has not already
actually suffered. The violation at
any time of the conditions or the par
don renders it by its terms null and
void and the status of the defendant
in error is as though he had never re-
ceived the conditional pardon. II,
when the conditions of the pardon are
violated, portion of the quantum of
Imprisonment fixed by the sentence
has not been suffered or served, the
party should be returned to serve the
remainder of his time of imprison-
ment, as stipulated in the terms
of the pardon; and, besides this, the
pardon, by the breach of its condi-
tons. is rendered in law void, and il
the sentence of Imprisonment has not
been fully executed, the law imposes
the obligation to complete the service
of imprisonment fixed In the judgment
of conviction and sentence of punish
ment- The pardon may, as one of its
restrictions and limitations, designate
the time for the observance of its
conditions, but when the conditions
are violated, the pardon becomes void
in law and the party is subject to the
nnsatisfied portion OF the sentence as
though no pardon had been granted"
The supreme court therefore entered
its judgment that the Judgment of the
circuit court, releasing Horne and
holding the order for his arrest issued
by direction of the Board of Pardons.
be reversed. costs to be taxed against
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

the remainder of his five years SEN
tence.
The question was raised on behalf
of Mr.. Horne, as to whether the Board
of Pardons had power to revoke the
conditional pardon at the time subse-
quent to the expiration of five years
the term of the sentence-from the
date when the original sentence was
passed and service thereof begun.
Judg Malone, in the circuit court. de-
cided that the Board of Pardons had
not such power. The supreme court
now reverses Judge Malone and es-
tablishes such power in the board.
| Discussing conditional pardons, the
supreme court says:
There is undoubted wisdom in the
policy of comforting upon responsible
constitutional officers the power to
grant conditional pardons by which
persons convicted of crime may
be encouraged and prompted to again
become useful citizens. Should the
opportunity thereby offered a convict
to reform be not appreciated and the
restraining and salutary conditions of
the pardon be violated at any time
during the convict's life, or during the
time fixed by the pardon for their
observance, the pardon becomes void
and there is both punishment for the
lapse of conduct and protection to So
ciety in the exercise of the power Civ
en- by law to enforce the unsatisfied
portion or the original sentence.
The defendant in error accepted
the conditional pardon, thereby Sc
curing his release from Imprisonment,
and he is bound by its legal condi-
tons and limitations. The provisions
OF the pardon are in effect that If at
any time during his life the defendant
in error shall fail to observe its con-
ditions. the pardon shall be null and
void and he shall be arrested to serve
lout the remainder of his sentence of
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

Mr.. Horne, and directing that the cir
suit court do make Inquiry into mo
truth of the alleged violation by Una
defendant In error of the conditions
of his pardon in the manner hero
pointed out, and il such alleged ViOI@
ton OF the conditions of such pardo'
Shall be therein established. a.
PENDANT in error be remanded ID
custody and that the REMAND
of the original sentence be i'ii@
executed; but II the alleged "v
lations of the conditions of such pr,
don shall not be established, or 3.
there be shown any satisfactory lesH
excuse for such violation he Small -
discharged from further custody, anu
1t is further ordered that the sta.P d.
torney for the second judicial cirrN,,
shall be notified by the judge q. 50.
court of the time and place, when an
where he will hear and determine 'A'
matter, and that he be given an o.
portunity TO produce witnesses 10
tablish, IL he can, the truth OF the o.
legged violation of the conditions az 'h-
pardon, and that the defendant IN 81
ror be accorded the like privilege W.
producing witnesses to Tefute such d.
legged violation, IL he can"
The opinion was rendered r.
curiam, all the justices concurriil-'
Mr.. Horne was represented by Alto
Ineys w. G. Hodges. Of Tallahassec Al.
Thomas L. Clarke, Of Monticello; '"0
state by Attorney General Ellis
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

was the answer Oh! how sorry I
was to think cousin Jim" had a
dwarf in his family! 81 am only II,
n was Joking" she said, and felt re-
lieved She and some of her friends
were playing women and had put
women's dresses on In a few mo-
ments a beautiful female glided into
the room, and | said: Are you Mr.
GLANDS Oldest daughter" 81 am his
wife," she said, and we had a good
laugh over the whole affair.
Shortly after supper Mr. Eiland ar
rived from his work. and straight
way I had him and his lovely wife
rendering some of the sweetest music
l enjoyed during my trip. l have
heard many people who could equal
Mr. Eiland, but not one that could
surpass him on the violin When he
played after the Ball." "The Mock
ingbird," and "Whistling Rufus" I
told him he was entitled to the cake.
On Thanksgiving paid visit to
the home of Mr.. Andrew Wayne
Eiland and his sister Miss Mary
Imagine my surprise when I found
/ they are my first cousins. being
children of Uncle Wayne Ei1and, my
mothers own dear brother. They re-
side in their own house 219 Column
bus street, Montgomery, Ala
After spending Is days in Montgom-
cry and mingling with the citizens
am compelled to say Alabama's
capital is famous for the breadth and
cleanliness of its streets. the courte-
sy, push and pluck of its business
men. and last but not least. the great
number and beauty of its females.
I left Monday for my home at
Brent, and made the Journey without
being in the least fatigued by the
long ride.
| In the proper place I should have
made particular mention of my at
tendance of services at the First
Baptist church on Sunday Nov 25.
DR.. Stakely preached Il strong doc
trinal sermon and was attentivnlv
listened TO by large audience. The
present church was dedicated in 1852
aud was up-to date at that time. hut
the new BAPTIST church which is be-
| ing built of GEORGIA marble. will, il
is said, be the finest church in the
south when completed
!. f. ALLEN.
Brent, Fla, Dec 2, 1906.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The Tallahassee True Democrat
has discovered that the "powers-that-
be-" whoever these men may be, are
holding conferences at the state
house and jumps to the conclusion
that the governor is contemplating
the calling of an extra session of the
legislature. The state officials have
all gone on record as favoring pub
lcity in matters pertaining to the
states interests and the editor of the
True Democrat, If he has noticed any
unusual conferences" at the state
house should have investigated and
ascertained for certain what the sub
iect under discussion was at these un-
usual conferences of the powers
that-be.' The Democrat says:
There is q rumoT afioat now to the
effect that some of the powers that
be- are contemplating, and desiring
the calling of an extra session of the
legislature, but for what specific pur-
pose not stated. Possibly il may be
WIN " Wow VI UP SOihc VI Nudl
threatened passing of bills to cause
weeping and wailing and gnashing
OF teeth" The rumor goes that
Comptroller Groom Is the member be-
hind the move, and in that case some
thing may, be doing in that line, as
he is accredited with being almost the
whole thing" among the great and
mighty" Let them put the people of
Florida to such an unnecessary and
uncalled for expense that another gi-
Eantic scheme may be put on foot
and additional help will be furnished,
and that by themselves. to turn them
from the offices they hold. As it Is
some OF them will have to hustle and
do a lot of explaining before they can
again hope tc fool the people into re-
electing them.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The democratic primary in Missis-
sippi next year, for the election of a
United States senator to succeed
fernando DeSoto Money, will be
watched with interest all over the
United Statess The candidates are
John Sharp Williams, democratic
leader in the national House of Rep
resentatives, and James X. Varda-
man, governor of that state The
campaign has already begun and will
no doubt grow warmer as the date
for the primary approaches.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Policyholders Should
Vote Without Delay.

Notwithstanding that every effort
has been made to induce the policy
holders of the New York Life and
Mutual Life assurances Companies to
cast their votes for directors of those
concerns. up to December only
about 40 per cent had voted and the
result of the election, therefor. De-
ponds upon the uncast vote, which
must reach the New York offices of
the companies not later than Decem-
Der Is. This is a matter that is of
vital interest to every policyholder in
these companies, and a final appeal
has just been issued by the Interna-
tional Policyholder's Committee urg-
ing immediate action.
The committee, which is composed
of such men as Richard Olney, Judge
George Gray, DR.. Conwell, Judge Par.
ker,. Charles Emery Smith, General
Benjamin r. Tracy, Edgar E. Clark,
Governors of six states, Congressman,
Members of the Houses of Lords and
Parliament, and many other men of
large business affairs, has made a
most aggressive fight against the
methods employed by the manage
ment of the companies, whose entire
organization of over 10000 agents and
other employees, has been converted
into d vast campaign machine for the
purpose of assisting in the election
of the so-called administration
ticket which, if successful means
the continuation in power of the men
who have been at the helm for many
years and whose administration of
the affairs of the companies, in view
OF the light shed upon the. matter dur
ing the recent investigation of the
New York legislative committee, has
been anything but commendable.
Almost every vote procurable by
the personal influence of the agents
of the companies has been secured.
The vote not yet cast belongs mainly
to the policyholders' ticket, and
should be. cast at once if the policy
holders desire a voice in the man.
agement of their own affairs.
The election is now on and no vote
will be counted that reaches the New
York offices of the companies after
December IS. Every policynoIder is
entitled to a vote and it is the duty
OF every one to participate in the
choice of the men to whom will be
entrusted the control of the millions
which constitute a trust fund in
which every member is interested to
the amount of his Dolicv
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
A Good Idea.

Governor Browsrd says the election
was only the first skirmish in the mat
ter of draining the Everglades and 1T
is intimated that another proposed
amendment to the constitution will
be submitted to the people in 1908.
Let the new resolution be framed so
there will be no room for doubt; let
it lay out the district to be drained !;
let it define and limit the powers OF
the board in clear unmistakable
terms: let it be subject to ratification
or rejection by the electors who re-
side within the district marked out,
then it will never be said that the peo-
pie of Florida voted against it be-
cause it was not understood.-Chipley
Verdict.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The young editors of the Gaines
vile University News are little I'M
certain about the definition of the
word cute" They think that 1T is
the most popular word in the femin-
inc vocabulary. A gushing girl will
call anything cute. 1t would take a
philosopher to fathom the meaning of
the pestiferous monosyllable for it
embraces everything from a bow
legged elephant to a pop-eyed grass
widower."
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
PROF. ALIENS VISIT IN
CAPITAL OF ALABAMA

James Turner Eiland and his family.
They reside at GA Randolph street.
Montgomery, Ala
I walked up to his home late In
the evening and as l rang the bell
pretty little creature with woman's
long dress on met me at the door, and
said: "Are you Mr. GLANDS daugh-
ter?" Eyes sir" was her reply. |
said: 'How old are you?" Fifteen,
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Turning on the Scar, .nliaht.

A large majority of members of
the coming session of the legislature
will be against the governors drain
age ideas. He is reported to have
said. since the overwhelming defeat
of his drainage amendment. that he
is not through Yet, and will ask the
legislature to enact laws that will
permit him to continue the work.
This large majority was elected to
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The editor of the Jacksonville
Floridian is already feeling good
over the prospects of fun in the next
political campaign" He evidently
has no intention of being a candidate
for office
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

Massachusetts has decided that the
election of new governor each year
gives to the state too much politics
and will extend the term of the chief
executive 10 two years. In Florida
the governor is only elected once
every four years but the guberna-
torial discussion begins anew the day
after each election.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Taking Defeat Hard.

The Tallahassee True Democrat has
much, to say about some of us taking
the defeat of the everglade drainage
very hard. We are not putting as
much energy into our grief as you are
putting exultation into yOurs.-St. Pc
tersburg independent.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Et. Lauderdale predaes.

Press dispatches say the Cuban
treasury is short" 1t may safely be
said that 1t is long" when compared
to the condition in which Florida's
treasure chest will be If the next
legislature does not put stop to the
useless expenditures being made on
those dredges at Fort Lauderdale.-
st. Augustine Record.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

in this day when charges of graft
are so common and politics so siren
uous it must be pleasing to former
Governor Bloxham to note the many
tributes paid him by the state press
whenever his name is mentioned in
connection with any office
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The latest development in the
L'Engle-Graham controversy is the in
lictment by the Manatee county
grand jury of the Sun editor on the
charge of criminal libel For the
peace and dignity of the common
wealth" John Graham ought to take
''much-needed rest somewhere
when Claude goes down to stand
rial.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

The Tampa Tribune asks: What's
the next excitement" and in the
same issue suggests Laud Brown for
mayor of that city.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
ACKNOWLEDGEMENTS
Bobs Up Serenely.

The governor may be expected to
bob up with another drainage plan in
the near future. The voters will also
bob up and kill it deader than they
did the last one.-Lake Butler Star. Z.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

Oklahoma democrats are busy
writing the constitution of the new
state and the first provision intro
duced was the Jim Crow" law.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Everglades Were "Spongy.'

ENcTuiducS WcTC OpOU9J.
During the drainage debate it was
repeatedly stated that the lands in
the Everglades were "spongy
deed, nothing in the world but a
spongy pretense for genuine soil.
On the strength of the statement we
understand that company is being
organized for the manufacture of
sponges and sell the whole surface of
the earth down there by the ounce
Ocala Banner
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Illinois Way of Doing II.

The most sensible drainage scheme
that we have heard of. says the Punta
Gorda Herald, was adopted in Illinois
and Indiana many years ago. 1t per-
mits the people in any section where
there are lands needing drainage, to
organize into a district, elect drainage
commissioners from among them
selves and vote the rate of tax they
are willing to pay, just as we organize
special school districts in Florida, only
in the former cases several counties
may be included in one district. This
should serve as a hint to Governor
Broward and the egislature.-Live
Oak Democrat.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
One of Two Things.

Governor Broward and the drainage
papers claim that the people of Flor
ida did not understand the drainage
amendment and therefore voted
against it. If this claim be true it
means either one of two things, viz:
That the people of Florida are too
stupid to learn, or that Governor
Broward and his board of partisan fol-
lowers are incapable Of teaching the
people. If forced to accept either of
these views, the Journal would unhesi-
tatingly adopt the latter, as we still
have unbounded confidence in the wis
dom of the people.-Bradentown Jour-
nal
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
PENSACOLA FLORIDA, TUESDAY MORNING DECEMBER

To the conditionally pardoned con-
victs: You'd better be good or the
sheriff will get you.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

Cromwell Gibbons has gone to Ha-
vana where he represents a wealthy
Cuban cattle dealer in a claim for
nine hundred thousand dollars DAM
ages against the Spanish government.
If the genial captain wins the case
The local militia in Jacksonville can
expect a spread" on his return.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Was Not Understood.

Although his drainage scheme was
bopelessly defeated by the people at
the last election, our strenuous Gov
ernor still clings to his pet idea with
bulldog grip and earnestly asserts
that he will ram drainage down the
threats of the people whether they
want it or not. He claims that the
question was not understood by the
people. was the chief cause for the de-
feat of the amendment. II was under
stood in this district with result of
143 against to six (by mistake) for
drainage. This is an unlucky year for
wool pulling-Lake Butler Star.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
"Whoop Her Up."

A couple of days after the election
a Lake Butler man was travelling in
Georgia AS the train neared little
station the conductor cried out Hoo
hoopee!" from one end of the car,
while the brake screamed "Hoohoo-
peel" at the other end. The Butler
man was awakened from doZe, and
yelled out: That's right, boys whoop
her up. Butler forever! Hundred
an forty to six against dreenige!
Bless Lake Butler and dam the Ever
glades. Lake Butler STAR
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Jennings EIoquenee.

SeHHITISS EIOQUEnCts
In Bradentown the Journal fought
alone against the amendment backed
by the eloquence of the originator Of
the scheme, the Hon. William Sher-
man Jennings, with many strong local
influences to help it along. Notwith-
standing all these forces our position
was endorsed by three to one vote
in town and county-Bradentown
Journal.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
A New Plan,

Governor Broward should popularize
the drainage question. Give away
every alternating 10-acre tract of land
in the drainage district to those who
will agree to settle upon the land and
erect home and cultivate the land,
and also irrigating privileges for a
period of five years, free of charge
st. Petersburg Independent.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
Got a Gold Brio

Got a Gold Brick.
The people of Florida will yet find
that the land syndicates handed them
a gold brick when they deceived a ma
jority OF the good people of the state
into voting against that drainage
mendment.-Madison Recorder.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

AS an ally in the fight,
Oklahoma,
For strict justice, truth and right,
Oklahoma.
You will be a help tremendous,
Your new strength will help defend
More like you the good fates send US
Oklahoma.
Out there in the sunset west,
Oklahoma,
OF them all you look the best.
Oklahoma.
May YOU never make revision
OF your new statehood decision,
Keep close ranks without division,
Oklahoma.
AS was stated in the start,
Oklahoma.
You have acted well your part
Oklahoma
As the new state of the nation
You deserve a great ovation
Well join in the demonstration.
Oklahoma.
-Bwa's Commoner.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04

go to Tallahassee to not grant the
governor any further power to carry
out his drainage scheme.-Volusia
County Record
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
OKLAHOMA.

We are mighty proud of you,
Oklahoma
You are mighty good to view,
Oklahoma.
We were filled with JOY ecstatic,
And our shouts were quite emphatic
When we saw you Democratic,
Oklahoma.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-04
ECHOES OF DRAINAGE

s;s:s y Y :. 4.