The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-11
PARDON TRIBUNAL NOT LEGAL
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such convict Of the terms and con-
ditions OF his parole, the governor
has power to revoke his parole and
direct that such convict be re-arrest-
ed and returned to custody, and re-
qured to serve out the unexplred
though no parole had been granted,
even after the time his sentence
would have ended, but for the suspelr
sion thereof by the parole.
3. An executive order revokng q
parole for violating condition there
of, and directing the re-arrest and re-
turn to custody Of the convict, Is not
yiolatlvc of the constitutional guarall-
tee, that no person shall be depriv-
Cd Of hissliberty without due process
Tor law and that no warrant shall
issue but upon probable cause, sup
40 ted by oath or affirmation since
being a convict at large by executive
clemency; which he has accepted on
conditions included therein. the con-
Yct upon violation 0f such conditions
is merely an escaped convict and not
! entitled to invoke such constitutions
guarantee.
4. When convict has been re-
leased upon parole, and where said
parole has been revoked, by order OF
the governor for violation of the con
ditions thereof, in the absence OF a
| statute for a hearing, the convict is
entitled to hearing on habcas corpus
before the criminal court of appeals.
or the district court of the county
where he is held, in order that he may
STOW IL he can, that he has perform
| ed the conditions of the parole or
! that he has a legal excuse for having
not done 50, or that he is not the
same person who was convicted.
5. Under Sec. 10 Of AIT 6 of the
constitution, the pardoning power is
vested exclusively in the governor O.
the state, and any law which restrict
ei this power. would be unconstitu-
tional and void.
HELD That Art 26. CHI 49, Sny-
deg's St., being Ch. 62 Session lava
OF 1903. entitled:
AN act relating to the granting
of pardons: creating board of par
lons and defining its duties in con
fer ing pardoning powers upon other
state officers and restricting the gov
ernor in the exercise OF the pardon
ing power, is an unconstitutional in
fringement, and interference upon the
executive power. The constitution
only vests in the legislature the pow
Ell to provide by law, regulations rela-
the manner of applying for
pardons.
&. The law giving to prisoners GER
tain deductions from their term of
imprisonment for good behavior, in
not unconstitutional as an Infringe
ment of the prelogatlye OF the gov
ernor TO pardon. II does not restrict
~ interfere with this power in any
way. 1t simply fixes the term of inn
prlsonmeut in certain cases aud up
Oh certain conditions, aud thus cu
icrs into and becomes part Of the
lgdgment and sentence Of the cou't.
Appeals Dismissed
The criminal court of appeals con.
vened for the January term this az
ternoon with Presiding Judge Fur
man and Judges Doyle and Owen sit
ting. Aside from hearing oral argli-
ments in numerous eases, four dccl-
sions were handed down, two each
by Presiding Judge Fufman and Judge
Doyle.
Judge Doyle IN a per curam opin
ion dismisscs the case nf X W. VII
son VS.. Slete, an appeal from the
county court Of Grady county, for
the reason the appeal was not per
fected according to law. Wilson was
convicted for violation of the liduot
Law fined 500 and given a 81 day
Jail sentence.
Presiding Judge Furman dismisse7
The appeals in the cases of c. B. Car
isle VS.. State and A. J. Bailey VS.
State, appeals from the county court
of Haskell county, laying down the
rule that defendants must serve no.
tee upon the county attorney ana
county clerk of an appeal, which wss
not done in these cases.