The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-03-30

upon the benches of Justice often sue
cumb to a weakness to appear pro-
founly learned, or stupefyingly erudite,
by doing things utterly at variance
with justice and as utterly inexplicable
to the comprehension of the masses.
The defendant therefore, has in his
favor, and SO it may fairly be put
down, technicalities and precedents
which in their days and generations
have done so much to thwart justice,
to turn loose criminals to bring law
and order into contempt, and to de-
prive our courts of the respect of hon
est men.
All this, bear in mind, if the trial
has been held in city, the newspapers
have been publishing at length the
testimony and the arguments thus
hindering the state, in case of a new
| trial, from securing a second jury.
Thus we see how many chances in
his favor the defendant has, who has
deliberately committed a crime
But he has, if he has thus far failed,
after having all these chances in his
favor, still another chance.
In Tennessee, as in most other states,
to the governor is given the high pre-
rogative of the pardon. He lis the
chief law officer of the state, the high
protector of the lives and property of
| the citizen. Theoretically, we mean.
The laws are his cloud by day and the
rights Of man his pillar of fire by
night.
In all his honesty, his steps should
| be upon the high ground of such ex-
i.,Ir, no.
! sort of association with lawbreaksrs
him along paths of uprightness and
| devotion to the state.
His very highest prerogative, that
one which should by him be most
scarcely guarded, is, as we have stated,
that conferred upon him by the consti-
tuition CT his state-the organic law
the right OF pardon.
The last step. therefore. which the
| defendant to whom we have been re-
| ferring can take is an appeal for exc
cutive clemency.
/ 1t should stand to reason that after
the trial court has convicted, otter a
new trial has been refused by the judge
| of the trial court, after the supreme
court has declared that all has been
regular and that the law has been VIA
dicated, and only justice done; it
should stand to reason--Iet us repeat
that unless some new evidence of
most convincing character be adduced
| to establish innocence where guilt has
been proverbs submitted. that no
| governor would be so reckless of his
oath of office, so truculent in his par
| tisanship. so harmful In his example,
so subvertive of the purposes of courts.
so destructive of law so encoura ging
to disorder. so persuasive in his argu-
ments for lynch justice, SO cruel to
| society at large, as to declare all prev
ious proceedings null and void, turn
loose the criminal and bid crime en-
| Joy an orgy.
Yet the possibility Of governor do
| ing s4ust exactly what Sin all reason
he should not even contemplate, adds
one other to the defendants already
almost endless list of chances of escap-
ing the punishment which the law has
i Eorvided for his crime, and which civ
| ilization itself demands be inflicted
We have assumed the defendant to
be d man OF means.
Is crime to become a rich mans priv
iIege, one of wealth's blessings? Are
| the laws to be enforced only against
the poor and the friendless, to be only
poverty's curse?
Or has the time come, or Is 1t fore
Swallowed, when law is strong enough
for the rich, as well as for the poor; for
the aristocrat as for the plebian; fol-
the social debauchee as for the social
outcast; for the blue blood. as for the
lred neck; for one political partisan, al
TO- another political partisan?
We are not citing any particular
lease.
we are referring to no particular
state.
i Let him who reads make application
for himself.
We only submit that there should b.
reforms in the methods of protecting
society from its criminals that such
reforms should begin ait the very bot
t0rn and 60 to the very top; all for th'
air name to our nation and the eterna
glory Of our civilization