The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1909-03-19
PARDON ATTORNEY.
HF. Daniel a. Simmons WIN IniFO-
dues A Bin Providing For
Such An Omcsr,

the coming legislature BY his laW-part-
nsr, Hon. John l.. Neeley. recently
elected member Of the house Of repre-
sentatives from Leon county. Mr.. Sim
mons two years service IS eX-Oficio
secretary OF the Board Of Pardons has
made him thoroughly eOnversant with
the crudities OF the present pardOning
system as it obtains IN Florida and gives
him the right to speak with authority
upon the necessity Of more up-to-dHte
legislation upon this important detail Of
executive duty.
Mr.. Simmons was born m the year
1873 In Coffee, Ala, but has lived in
Florida since 1894 He was two years
private secretary to Governor Broward,
but on the incoming Of the present ad-
ministratiol he went q k 70 the prac-
tice Of law. AS a lawyer, he lie possess
ed OF clear judgment and keen insight,
q quickness 20 see and grasp the logical
conclusion and an ability 20 present Il In
a ready and convincing flow Of language;
qualities which will undoubtedly obtain
tor him an eminent place for him among
his colleagues
The salient features embodied in the
bill as prepared by Mr.. Simmons are as
follows:
Under the present law governing APP
plicatiOns for pardon the only previous
notice required is ten days publicity in
the county where the applicant was con.
victed. In fully ninety per cent of the
cases this method Of publication gives
no notice TO any member OF the pardon
ing board. Many hundreds Of appli-
cints each year apply for pardon
nh hnu
tional right TO have his case carefully
considered. The majority of cases are
presented personally by attorneys. The
members Of the pardoning board pro-
vided by the constitution are admins
trative officers Of the executive depart
ment, whose time Is fully occupied with
the manifold duties Of their respective
offices so that il has been found i'm.
practicable 10 hold more than one meet
ing each month. and IL has been the
rule rather than the exception that a.
many as thirty or forty cases have been
presented at each meeting. AS a re-
suit Of these conditions, the application
and consideration Of each case is wholly
ex-parte, and. therefore, more or less
question OF guessWOrk.
Then, too, in many cases, probably m
the majority, che evidence upon which
the applicants were convicted has not
been preserved and the Judge and pros
ecutinR attorney have informed the at.
torneys for applicants that they have
forgotten the substance Of IT, THIS
makes It necessary TO substitute the
testimony a. II Is remembered by some
other person, and Il Is no reflection
upon either the applicant or his attorney
that the statement thus procured might
be most favorable % the applicant.
The proposed ball provides for the APP
pOintment Of a pardon attorney 10 whom
any person intending TO make applica.
ton for pardOl shall give at least thirty
days notice OF such intention; where
upon II shall become the duty Of the
pardon attorney TO institute q thorough
Investigation OF ell facts and circum-
stances connected with the condition
and sentence Of the applicant, and Of
his prison record, and 20 report the re
suit Of his investigation 10 the board Of
pardOns at the the time the application
Is presented, attaching 10 such report q
compilation Of ell documentary evidence
gathered by him during ne investiga-
| ton.
IL 10 also provided that when the "a
pervisOr of cOnvicts reports b pardon
attorney the name OF any convict who
10 totally unable from lack Of means or
interested friends 10 have his appiica.
/ ton presented 70 the board. that the
attorney shall thoroughly investigate
/ mis- case and, II IL seems meritorious, 90
cooperate with the supervisor making
the report, In the preparation Of an APP
pllcatIOn for the pardon Of such con
Wet, 20 be presented 70 the board Of
pardOns In its regular order.
TIE vast majority Of pardOns granted
/ In Florida are condition sd that ne per.
son pardOned shall thereafter lead n
sober. peaeeable and Law -ablng life, and
that upon 4 breach OF any Of these con
I ditiOus he shall be re-incarcerated.
Toe proposed bal makes Il the duty Of
the pardon attorney TO thoroughly in
vestigate Oh argos against any person
Tor viOlatiJn Of tine terms Of the condi-
ti0ns Of his pardon ami 20 report the re-
suits Of his Investigation % the board
Of pardOns IL 10 also made his duty 10
report the results OF his Investigations
30 the bOsrd OF pardous. II Is also made
his duty % make q c0m,lete docket Of
each case and q make q detailed re.
port TO the governor bi-ennially, en-
bOdyinR IN such report the information
which the cOnstitu ion requires the gov
ernor 10 submit 70 the legislature.
The bal further provides that the par
don attorney shall be selected by q ma
j)rity vote Of the pardoning board. and
appointed BY the governor. II is in
tended By this method Of selection 20
place the pardOn attorney entirely be-
yond the reach Of politics and political
influences.