Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-16
LegislatureinGranting Parole
to Long Time Convict
Blundered
PAROLE UNKNOWN IN IOWA LAW
Action Of Assembly in This Case De-
velops Queer Misunderstanding Rel
alive to the statutes-Two New Food
Law inspectors After July 4-Wel-
come Mowry's Disappointment.
Special to Times Republican.

Special to Times Republican.
Des Moines, April 16.-Jasper Mason,
| life convict, granted clemency by leg
islative action, has not yet achieved
his liberty A legislative biunder puts
him in danger of not gaining his free
dom.
The nervous fear of a few over-zeal-
Gus legislators that they may be crit
icized for authorizing the governor 10
grant pardon was the cause of
recommendation in the resolution re-
lating To Mason that he be granted a
parole" Now there is not lawyer
in the legislature but that knows very
is unknown TO Iowa law. That which
the governor is empowered to do is to
grant pardon. The legislature did
mot authorize the granting of par
don to Jasper Mason. In other years
the legislature has recommended the
granting of '.conditional pardons, and
the governor has been left to fix the
conditions. But they are pardons In
fact and the men are not subject to
revoking the suspension of sentence.
If Governor Cummins should choose
to be technical and to be guided by
what the legislature said rather than
what 1T meant, he would not give Jas
per Mason parole or pardon. But 1t
is also a question whether or not the
governor may not, if he so chooses,
5ardon any of the life termers without
,the approval of the legislature. Mo-
where does it appear in the law that
he shall issue a pardon if the legis-
lature says SO, and unquestionably ne
could refuse pardon even it the legis-
lature should vote for one. In like
manner it does not appear anywhere
that he should not issue pardon
without the recommendation of the leg
islature Only by inference is legis-
lative approval required before a par
don is granted.
Jasper Mason is abundantly able to
earn living when he is thrown again
upon his resources. He has learned
four trades in prison-stone cutter,
blacksmith. carpenter and electrician.
In the latter he is said to have be-
come quite an expert, and he claims
to have invented some devices of great
commercial value which may be de-
veloped in the future. His case is such
that Governor Cummins will be dis
\ Inv. Oft oil m
favor, and probably within az week Will
the papers be made out. But the leg
islature ought to have used the word
pardon and not been so badly scared
about it.
After the first of July there will be
appointed two additional state food IN
spectors to assist in the enforcement
of the pure food and other purity laws.
1t was desired by those interested that
legislative provision be made for four
or five additional inspectors, but the
appropriation will simply supply only
two. The work done by the present
corps OF four inspectors has been enor-
nous and the only wonder is that there
has been no general outcry against the
men, They perform duties that are not
ALWAYS pleasant and have abundant
opportunity to incur the ennlity OF
many persons. The present inspectors
are J. C. Tate. Des Moines; c. b. Eas-
ler. Forest City; j. P. Morey, Desl
Moines; and NJ. E. Flynn, Burlington.
welcome Mowry, of Tana county.
whose death occurred in Excelsior
Springs on Monday, was one of the
famous "Jayhawker regiment of Kan
sas cavalry, and it is matter of his
tory that he was one of five soldiers
out on scouting duty to stampede q
whole army and take possession OF a
town. He afterwards served in an IL
linois infantry regiment. Mowry was
65 wears old and native of Illinois.
He was typical Iowa farmer, edu-
Gated. conscientious. public spirited
and always taking an active part In
public affairs His farm near Clutres
was a model He was greatly disap-
pointed that he failed of denomination
to the office of railway commissioner
and always felt that his party had not
been fair to him. The funeral will be
at Traer on Wednesday.
If the governor signs the bill to limit
the dividends which may be paid on
stock in stock insurance companies or
ganized under the Iowa law. it means
fight in the courts, for the attack
goes to the constitutional rights of in
yestors 1t is claimed by the local in
surance men that to limit the profits
of their investment to per cent a
year impairs the obligations OF con-
tracts and undertakes to interfere in
a purely speculative investment in
manner that virtually confiscates
property or property values
There is also serious objec-
ton because the law would operate to
discriminate against Iowa companies
It is regarded as surprising that
representatives on this score were not