Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-10-22
STATEMENT BY
PARDON BOARD.
---------- - s. !.
Attorney General y.r:' q. 9. Barnes
secretary, Reviews jys'' Actions
Taken BY Authorities.
cLEMENcY 10 PRISONERS |: 9
,,,.r Of Cases cited Wherein There 1l
,yere Mitigating Circumstances
Warrantlng Freedom.

NuvnbCr oil SusSo sSf sttJiE Ii
were Mitigating circumstance
Warr.ntlng Freedom.
,,,,4 n Barnes, attorney general Oh
-. a. and clerk Of the state board OF
va ssans makes the following statement F1' n!
peg, reeard to the work OF the board any
,ao,,ests that it be printed;
~ view Of the recent publications.
l.arlne in ono Of the local pa pcrs
a,thls city crltlclsing the board OF par
,aas il granting clemency to prison
uo y. ,,,rInr the term OF office OF: Cover
=. !. snry !, the secretary OF the, board,
~ .,.,rs on its behalf to submit 70 the
u the following statement:
Tnder the constitution and the stat
\, tho hardening board Is composed
:, IN governor, the three members Of
! M supreme court and the attorney
sorsral, A majority of thems incluulns
4 .hs governor, may remit fines, coniln luz
n ~. and grant pardons after
ssonvlctlons under such conditions, mn
,,ations and restrictions as they Iliay
Sssn proper. The board, upon Il con
o,rrence of all members, and upon inc
.s.ommendation Of the warden, may a.
~ arole prisoners. The statute eS-
nreasly provides that the granting OF
n,roles may be based alone upon the
record and character OF the prisoner
established in prison. The stature 1ur.
,ther REQUIRES that published notice OIL
q 40 days be given of all hearings OF me
hoard. Such notices were given an
every instance. Special notices IN VIII
INK we're also given to the judges VINO
trisd ,he case and to the prosecuting
oa,cars with a request for their recom-
formations. either for or ngainst the
annilcatIon. and their reasons therefor.
& ,rhn hearings before the board We're
nnh,,c and conducted In open session.
Inv one was privileged to appear be-
tore the board in opposition or in sup
mart Of the application. Every prisoner
has the constitutional and statutory
right to file a written application be-
tore the board for clemency.
NUMBER OF CASES.
During the term Of office Of Governor
S spry 30 cases for clcmency have been
heard. Each case received the careful
attention and consideration of the entire
board and whatever action was taken
was the result In every Instance of a
majority, and with but few exceptions.
the unanimous opinion OF all the menu
hers Of the board. Out of the $40
cases heard and considered during Gov
ernor Spry's term OF office, Ga have been
acted upon favorably, either BY COM
mutlng the sentence, paroling the pris-
oner or pardonlng him. The reasons
for which the board granted clemency
In such cases are a matter Of public
record. No criticism was made Of such
action BY any one at the time 1t was
taken.
HALF NOT TOLD,
Recently, however, there has been
published to the world that the board.
during Governor Spry's term OF office,
has pardoncd or paroled or committed
50 prisoners. In making such publica-
tons the grounds or reasons for which
sucll action was taken We're not pub
lished or made known. It, in effect.
has been declared that tho board in all
such cases acted improperly or unwise-
" While no attempt has been made
to critlclse the board III any particular
+ cases nor was It charged that the
board In any case, acted upon insuffi-2
clel't facts or evidence, yet 1t In effect
mas been declared that during Cover
nor spry's term Of office no clemency
az all ought to have been shown or
board ,''S
10 publish to the world that during
t as h ss., y months, and since Gov. spry
{ Nas oeen governor OF the state, clem-
.ney mas been shown in Ga or 90 cases
aoes not signify anything. The perth
i'ent question Is: Has such action in
hgch cases been taken improperly. or
{ s suWlse,y? 70 fairly and intelligently
.S That, one must know what
Ine iacts and conditions were OF each
particular case as made to appenr bc.
iere The board. In effect the action
+ q me board has been criticized and
condemned in all cases since Gov. Spry
sas neen governor, where any kind OF
. favorable action for clemency has been
san'ed by the board. Even though
Y me 6i cases acted upon fayorablys
~ lhe board 1t should be conceded
Mat me board may have erred on the
sae OF mercy In one or several In.
Stances, yet 1t Is preposterous and all
sufl TO assume. us Is the case In such
puollcations, that the board not Eonlv
erred but also acted improperly or
GhWisely In all of them. The trouble
4, = mose so considering the action Of
. .ne board aud charging Its members
WIN improper conduct have no knowl.5
eage concerning the transactions Of
ahich complaint Is made and are not
Uen fa'r enough to- publish to tho
Eauers tho reasons and grounds nm
mat'hE OF record and upon which clcm-Y
ency was granted. d. "a,
TWENTY HAD SERVED.
W. uut Of tho 81 cases where clemency
mas nas SHOWN, 10 OF them were pardonei
~, ~ ol such number, 90 OF them had
tanaa iully served their terms OF sem
s m.Is, or their sentence was about TO
TTs Il when the pardon was granted,
r rMo were pardonedi because Of rrent
NM intirmitles. One was n youth
mo Mno mad lived in New York. n IIe ieft
sevns.i anu came west. He worked for
5I rrdsa months for man residing in
Sis III One night he stole horse from
nj, n,a,, EMPLOYER. He was apprehendcd.
w WAVED guilty to grand larceny. ana
ye a, sentenced for Il term of three
Le'is AZ the time OF his commitment
NJ s mas suffering from a severe case
mon.hs eyes. After serving n few
nt ttn.ss, II was mades to appear Nv thu
anS ~, physician at; the penitcnt,nrvta
s ..u ~ one of the nlost iconnatont