The comet. (Johnson City, Tenn.) 1884-1916, 1908-02-20

40 " 1 hLuUMbs
The most perplexing and disturbing
question with which q governor has to
deal is that pertaining to pardons. The
power to pardon conveys responsible
ity that must give any governor, whose
heart is not wholly calloused, many
anxious moments. Every governor is
more or less criticised for alleged too
liberal exercise of the pardoning power.
The demands are many, and many cas-
es appeal irresistibly to the spirit of
mercy. 1t is easy TO render unofficial
and therefore irresponsible judgment.
1t is easy to criticise where there is no
responsibility, resting on the critic.
Hundreds Of requests for pardons are
denied, and the public hears nothing
of these. It knows Of those that are
granted, and not knowing all the cir
cumstsnces it feels that many are
granted without warrant Of justice.
A man commits crime. He is tried
before jury of his peers and convict
ed. His case is appealed and the su-
preme court, consisting of Ave learned
and impartial judges, atarms the lower
courts action. The sentence is the
sworn opinion of twelve jurors and five
judges. The governor is asked to set
his opinion against all these and nullify
the action of the courts. This is what
he does if he grants o pardon. The
supreme court may feel that its opinion
ought TO 60 for something, and that the
governors pardon may be q reflection
on it, Yet there are cases in which
such pardons may me justifable. The
court is supposed to act in accord with
the law and the evidence. Yet it is
known that many sentences are made
quate that some are too severe, and
that justice is often defeated by acquit-
tai. The courts are, therefore, not in
fallible, and it may be possible for q
governor to correct an error committed
in the court. Besides, features favora-
BILE to the prisoner or accused, may ex-
ist without the court being able to take
cognizance Of them. This may be es-
pecially true of the reviewing court. A
prisoner may be justly convicted and
conditions may subsequently arise
which justify his pardon. A man with
hopeless disease may be a menace to
other prisoners. These should be par.
doned, perhaps, or an invalid ward or
prison should be provided. The state
has no right to allow prisoner to die
of a disease if it can be prevented.
Some states have prisons for consump-
tives, built in the most favorable spots
available.
, Yesterday The American contained
, an editorial paragraph in reference to
> the pardon of white man and negro
ofOolumbiaf for the illegal sale of liquor.
, The fact of pardon for such an offense,
{ after a conviction by competent court,
8 did not appeal to The American. The
q governor insists that his action was
r justitiable, the facts being as we shall
briefly state them: Reagan had been q
r saloonkeeper in Columbia for many
years. 1t is said he was never indicted
q before. He was not indicted while he
8 was in the whisky business, but two
9 months after he had quit for an offens'
;: committed while he was in the business
q He was in the habit of sending jugs O
= whisky to Geo1ge Witherspoon, q ne
o gro, who kept sort of c0mmissar!
n some distance away at q mining camp
d The jugs we're for Reagan's customer
and the negro merely collected for Rea
d gan, having no pecuniary interest il
" the transaction. Reagan did this open
IL ly, under the apparent impression tha
ts he was violating no law, but had righ
le to so deliver whisky to his customer
at under his license as a saloonkeeper.
at He and the negro we're indicted afte
st he had retired from business. The
r were sentenced to the workhouse fo
six months, fined $50 and taxed wit
the costs. The supreme court afArme
the sentence. The governor was AZ
s. pealed to and released them of th
- workhouse sentence, but not of th
=. fine. The petition for pardon W.
,h signed by the county Judge, the she
,r if, the county court clerk, county tru
in tee, the county register, and some
the city officials. The statement
i three doctors was to the effect th
= Reagan weighs $50 pounds, suffe
90 from varicose veins and ulcers on b
-, leg and ia unfit for work on the publ
"a. roads; that he had been confined
ha one time for weeks on account Of ulce
IA on his shins and that manual labor {
TO- the road would sggrsvate his troub
~ and make him possibly helpless. D
- Voorhis SO stated aud Drs. Harris OF
,a Pillow made similar statements. II
n supreme Judge who examined the re
a. ord wrote to the governor as follow
No. 81 had the record and delivered &
r. opinion OF the court in the case OF q
90. State vs.. George Reagan and Jol
ha Wesley Witherspoon, for selling viii
oh key without license, Maury count
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