Omaha daily bee., 1908-07-04
GOVERNORS PARDON POWER
Not Necessary to Have the Concur
renee of the Legislature.
OLD VIEW OF LAW OVERTURNED
Governor CummIns Announces Posi-
lively thnt He VIII Not Resign,
but VIII Serve Out Hts
Term.
From a staff Correspondent

From a STAFF correspondent
DIES MONIES, July S.-Cspecisl)-when
the State Board Of Parole meets Monday
It will consider the application for a pardon
of George Weems. II it decides that he is
entitled to a pardon 1t will make the
recommendation to the governor and the
governor will grant the recommendation.
For many years the governors of Iowa
have never pardoned life criminals, except
on the recommendation Of the legislature.
It was supposed that they could not pardon
them except on the favorable recommended
ton of the legislature. Governor Cummins
held this view till an investigation wal
made by j. A. Dyer, attorney for George
weems. He presented a brief to show that
the law provides that applications for
pardon must be submitted to the legisla-
ture, but that the governor can pardon
regardless Of the legislature after the APP
p~lication has been submitted.
Governor Cummins presented the brief to
Attorney General Byers for an investiga-
ton and General Byers has returned his
opinion sustaining Mr.. Dyer. There are
twenty-five prisoners in the state peni-
Tertiary whose applications for pardon
nave been submitted to the legislature.
According to the opinion of General Byers,
in which the governor now concurs, these
applications can now be submitted to the
governor and he can pardon or not as he
likes. The governor will require that they
all go through the hands of the State
Board of Parole. Three sucn Will be sub
mitted Monday to the Board Of Parole.
One is that of George Weems. Another is
James Burns, who killed Jerry Corcoran
in this city. Weems killed a man named
Ridpath here. The third is Otis Green,
who killed his wife in this city.
Hull Moves Again.
Congressman Hull has filed a petition for
a writ Of certiorari before Judge Wright
of Fort Dodge to get a review of the ac-
ton of the Board of Supervisors in recount
ing the ballots in Grant township of Story
county. This further ties up the congress
sional situation in the Seventh district and
makes more certain that there will be no
republican nominee and that Hull and
Prouty will each have to go on the ticket
by petition IL they go on at all.
Cummins VIII Not Resign.
Governor Cummins today authorized the
statement that he will not resign from the
office of governor, and stated that there
| was never any serious consideration of the
matter on his part.
Il have expressed the wish to close
friends that l might resign and get out Of
public life for the remaining six months
OF my term. but have never seriously con-
templated doing so. You can say def
nitely that l will not resign"
Captain Russell Dead.
Captain NJ. T. Russell. for many years
|, one of Des Moines' prominent citizens,
died this morning at his home in Oakland.
Cal. Captain Russell had been i'll for a
long time. His removal to California two
years ago was for the purpose Of improv-
ing his health, which was then very poor.
He was a prominent members of the Grand
Army of the Republic.
Socialists Drop Behind.
The total vote polled by the socialists
at the primary election was LISA for John
Nj. Work for United States senator. In
nineteen counties not a socialist vote was
cast. In thirteen counties only one socialist
vote was cast, that one socialist vote maxi
ing the entire nomination and necessitat-
ing the names being placed on the Novem-
Der ballot in those counties. The prohibi-
ton candidate for state auditor received
the highest prohibition vote, getting l,542,
while Malcolm Smith, for United States
senator, got hut 1888.
ShercIiHe Trial August Twenty.
Information received here is that the
trial OF Frank Shercliffe for murder in
Colorado will be held August 20. Shercliffe
has so written to his wife here.
Skull fractured by FnII.
Late this afternoon p. w. Madden, ex-
warden of the penitentiary at Fort Madi-
son and lately Jailor OF the Polk county
Jail, fell on the street and II is feared
fractured his skull. He may die.