Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-07-04
APPROVAL OF THE LEGISLATURE
is NOT NECESSARY SAYS AT
ToRNEY GENERAL BYERs in
OPINION JUST RENDERED.
WEEMS CASE TO
COME 3EFORE BOARD
TWENTY-FIVE LIFERs IN THE
IOWA PENITENTiARIES-
LATURE MAY MAKE RECON-
MENDATIoNs AS TO CASES.

MENDATlONS AS TO CASES.
Des Moines, July 2.-Attorney Cen.
eral H. w. Byers has decided that the
chief executive Of the state has the
power to pardon life convicts without
reference to whether the legislature
advises for or against it.
Under this decision the case of
George Weems will be taken up by
the state board Of parole at this first
meeting of this year, Monday, at the
state house.
Weems petitioned the last legisla-
ture for pardon and it was denied
after one of the bodies of the assem-
bly, had voted for it, afterward re-
considering the vote.
/ He was convicted in Des Moincs in
1895 of the murder of l.. Ridpath,
railroad conductor, on Third street.
and was sentenced by Judge S. F. Bal
liet to hang. John Hammill was con-
victed vito him and also was SEN
fenced to death. Governor Drake COM
muted their sentences to life i'm
prisonment Hammill is now insane.
Affects Twenty-Five.
The decision of the attorney gen.
eral to the effect that the legislature
has no power to interfere with the
constitutional power of the executive
to grant pardons, will affect all of the
life convicts in the state penitentiaries
There are twenty two of them.
Weems is the only one who has filed
a petition before the governor and the
board of parole.
General Byers handed down the
decision in the case Feb IS, 1905 or
more than four months ago. His opin-
ion followed upon request from the
governor for an Interpretation of the
| statute and constitution, filed with the
attorney general several months prior
to the time that the opinion Of the
legal department was promulgated.
Under date of Feb. 10, 1908, Attor-
ney General Byers wrote, as follows ::
Hon. A. B. Cummins, Governor %
Iowa.-Sir: Some months ago you sub
mitted to me the question of your
power to pardon or parole prisoner
convicted of murder in the first de.
gree and committed to the. peniten-
tiary for life, and requested an opin-
ion as to whether or not you could
properly exercise this power and par
don or parole prisoner even though
the legislature had, upon the matter
presented to it, refsued to recon-
mend such action upon your part.
Legislature Can't Prevent.
"Since that time have given the
question many hours of thought and
] investigation and nowhere have |
| Oil 10 nj 11,o 80 do
ton or encouragement for holding that
the legislature, by refusing to act upon
an application for pardon when prop
erly submitted to it, or by unfavorable
action, could thus prevent the grant
ing of the pardon or parole by the gov
ernor.
"It will be conceded, l think, by
every one who has given the subject
thought that the chief executive would
not be bound to grant the pardon sim
ply because the legislature recon.
mended it, and 1t is difficult to under
stand why or upon what authority 1t
can be claimed that its action should
control in the one case and not In the
other
'In my examination of the auth
critics touching this question I found
many cases supporting the contention
that the power to pardon under con
stitutional provisions similar to ours
can in no manner be controlled by the
legislature; but no good purpose will
be served by citing them here.
''The question is an important one
and | have delayed responding tt
your communication until could
fully and abidingly satisfy myself what
my decision ought to be.
81 do not overlook the fact thai
some years ago the then attorney gen
eral passed upon this question anG
held that the governor was bound by
the action of the legislature.
Cannot Agree With 1t.
81 do not know exactly how the
question came to him, but as said il
the beginning of this opinion, have
been unable to find any support fol
that view and my conclusion is tina
when the governor has complied will
the regulations prescribed by the legis
lature and that body has acted upol
the application either favorably O
adversely, that then it is the duty O
the governor to consider the case upol
its merits, giving such weight to tn
action of the legislature as the cir
cumstances of the case justify, and nj
, more, and render such decision in tn
matter as seems to him just and right
Respectfully submitted
"H. w. Byers,
Attorney General of Iowa"
} 1t is understood that the opinion
taking the contrary view and holdin
i that the legislative enactment wit
: request to requiring the governor t
{ submit applications of 'lifers" for pal
don to the legislature did curtail tn