Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-09
GOOD ON MICKkY'S PARDONS
District judge Uses Examples in Support
Of Creation Of Board Of PardonA
NO EXCUSE FOR EMOTIONAL cLEMtHcY
Legislature should Take steps 20 Pre-
vent Repetition of Pardon Scan
dals by Future Governors
of Nebraska.

pired and as the legislature is now under
way II may not be out of place to briefly
review the record of the late executive
and at the same time suggest a remedy
that may correct some of the abuses OF
the pardoning power
This article is written in the hope that
the Legislature may find way to prevent
the late abuses. The appalling list of
pardons and combinations granted by the
governor is too fresh In the minds of the
people to need repetition. Suffice 1t to say
that 1t practically covers every offense de-
fined by our criminal code. 1t may be
well to notice a few cases to illustrate the
point. Three years ago tins month, Louis
Woodruff, a married man. was tried be-
fore Judge Evans and jury at York for
statutory rape, committed upon a child
under the age of Is The jury stood eleven
for conviction and one for acquittal In
March, following, he was tried for the same
offense. found guilty and sentenced to i'm
prisonment in the penitentiary for term
of four years-the minimum sentence under
the statute being three years. On appeal
to the supreme court the judgment was
affirmed. He was out on bail pending the
appeal, but was taken to the peniteptiary
about two years ago. He was given an
unconditional pardon by the governor in
September 1906, after serving one year and
eight months.
A little less thar two years ago Mrs.
Lille was taken to the penitedtiary TO
serve a life sentence for the murder OF
her husband. About thirty days were oc-
cupied in the trial and motion for new
trial in the district court. The jury was
made UP Of the best citizens of Butler
county. Seven of them were members OF
the same church to which Mrs. Lille be-
nd I har three
of them were members of the Catholic
church. They were not permitted to sep
arate during the trial. nor communicate
with any one except in the presence ana
hearing of a sworn officer of the court.
Every effort was made to exclude from
them everything relating to. the case ex-
cept the evidence given by the witnesses.
She was ably defended by Senator Aid
rich of David City. The jury found her
guilty as charged. Her case was appealed
to the supreme court, where her interests
were looked after by Senator Allen, Judge
Hamer and Senator Aldrich. After several
months of patient examination the judy
ment of the district court was affirmed,
Chief Justice sedgwick writing the opinion
of the court Three subsequent motions
| for re-hearing were filed by her counsel
and all of them denied by the court. The
| governor disagreed with the Jurors and
courts and gave her an unconditional par
don, after less than/two years Of confine-
| ment in the penitentiary. In this case
| neither Mr.. Williams Mr.. Harris, Judge
Evans and Senator Hastings, all of whom
were connected with the case officially in
| the district or supreme court, and the
attorney general. the trial court and SUI
preme court nor any of the jurors joined
| in the application for pardon.
I1,.A Ito N mn
was adjudged to be the father OF an illegit-
innate child by the district court of Seward
! county. His case was reviewed twice by
| the supreme court in different phases OF
| it. and the district court was affirmed
| in all respects. Campion was sent II jail
| for failure to comply with the order of the
! court requiring him to support his child.
After remaining in jail for more than
year he escaped. During the summer of
1906 he was extradit I'd from Kansas to
| answer to the charge Of deserving his
child The sheriff refused to liberate him
| on account of the commitment on the
paternity charge. Application was made to
the governor for a pardon in the paternity
case. The attorney general advised the
governor that he had no authority to par
don in civil case. The governor did 1t
nevertheless. In November of last year
Campion for child desertion. He was tried
on this charge and a second jury found
him to be the father of the child. A mo-
ton for new trial was filed by de-
PENDANTS counsel This motion is still
pending and undisposed of by the court.
At the close of the criminal trial counsel
for the mother of the child made applca-
ton to the court for order renanding
Campion to Jail on the paternity charge.
The motion was sustained. Campion again
made application to the governor to pardon
him on both charges. Although the motion
for a new trial had not been passed upon
by the court and forty jurors under oath
in one case and another had found that
Campion was the father of and should sup
port his child and the district court and
supreme court had sustained the first YER
dict. the governor disagreed with all of
them and again pardoned him. and If the
governor has his way about it this help
less child will never receive the care which
the law has said IL should have.
The foregoing cases fairly illustrate the
point designed by this article. There are
many good citizens of this state who ad-
here TO the notion that when the consti-
tuition separates the powers of government
into legislative, judicial and executive that
the whole OF this power was not intended
| to be vested in the executive. II 1t were
} possible for the voters Of this state to have
vouchsafed unto them wisdom enough &c
: kelect an omniscient governor who could
hll all departments and be all wise and
not otherwise, all would be well while such
governor lived; but when the people
should desire to elect a successor they
might make>a mistake, and for this rea,
son 1t may be well to retain the three de-
partments until better form of govern.
ment is devised,
The judicial power Of this state is vested
in the justice, county, district and supreme
courts. These courts are maintained at Z
large public expense and their judgment
should not be overturned by the opinion o.
one man. l would. therefore, suggest tina
our constitution be so amended as to ere
; ate board OF pardons of five. OF which
the governor should be ex-officio a member
and that an ex-chief Justice. an ex-Eoy
ernor, an ex-district judge and a physician
OF good repute constitute the remaininI
members II we had such board of par
dons II is believed that there would be littl,
: complaint OF executive usurpation or abus,
OF the hardening power. At least the re
u