The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-05-26
For ReVoking Conditional Pardon Of
Edward Spencer.
ATTORNEY GENERAL GIVES OPINION
HOLDS THAT GOVERNOR HAD
THE RIGHT TO GRANT CON.
OPTIONAL PARDON.

According to a dispatch from Olym-
pia Governor Mead holds that for the
reason that Edward Spencer, who was
taken back to the penitentiary Thurs
day, had recovered his health, was
earning his own living and recently
became married man, he had broken
the conditions of his pardon granted
May 8, 1905.
Governor Mead has been quietly
working on the case for several days,
finding no precedent in this state for
his guidance. In the Myrtle Upton
case, in which a conditional pardon
was asked for the girl horsethief be-
fore the year making her eligible for
parole had passed, Attorney General
governor that the statutory law of the
state providing for paroles for con-
victs for lesser crimes than first or
second degree murder repealed and
annulled the old territorial law per-
hitting conditional pardons.
Attorney Generals Opinion.
Governor Mead then sought an opin-
ion in the Spencer case, in which the
prisoner was not eligible for parole,
and in reply the attorney general said:
ut will be seen by this certificate of
pardon that it was intended by you
that it should be conditional, and con-
tinue as a pardon so long as said
Spencer continued to fulfill and live
up on his part to the conditions you
have set forth. If he has failed to do
that in part and in general, he has for
feited any right he might have to the
conditional pardon and to remain out
side the walls of the penitentiary. You
would, then, therefore, at this time,
have the right to declare such condi-
tional pardon void and ended, and have
the right and power to have him,
on your warrant or direction, arrested
by sheriff or other proper person whom
you may direct to deliver him back to
the warden of the penitentiary for
continued Imprisonment in accord
ance with his sentence.
"On the 18th day of May Of this year
gave you an opinion covering the
question as to conditional pardon as
applying to prisoners eligible to parole.
l therein held that it was my opinion
that it is the intention of the legislature
that a conditional pardon in this state
is not applicable to a prisoner who
at any time may be pai'oled, except
that such conditional pardon is in line
with the circumstances and conditions
to which the parole statute would ap-
ply; and that prisoner who may be at
any time eligible to parole is not sub
ject to any other form of conditional
pardon.
Does Not Apply to Present Case.
Il did not in that opinion however,
intend to hold that prisoner who was
committed for offenses to which the
parole law does not and cannot apply.
is not subject to ordinary conditional
pardon. The parole law does not ap-
ply to prisoners convicted of murder,
and therefore would not apply to this
prisoner Spencer, but in my opinion
under the laws of this state and I'M
der it's decisions and the decisions OF
other states, said prisoner Spencer,
would be eligible to either absolute
or conditional pardon.
ut is a well-defined practice and Is
permissible in law in many states and
countries that a conditional pardon
may be granted where either 1t does
not become operative until its recipient
has performed some specified act or
where it becomes void when some
specified event occurs"