The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-11
A TRESPASS UPON
POWERS OF GOVERNOR
Act Creating State Pardon
Board Declared UnCOnSti-
tutlonaI and Void

The Criminal Cour. of Appeals, II
sweeping opinion by Judge I. Il
Doyle, handed down this afternoon
declares unconstitutional and void tht
act OF the Second Oklahoma legisa
ture in creating the state pardon
toard, which is composed of the sec
ietary of state, state auditor, state
superintendent Of education, ano
president of board OF agriculture
holding it to be an infringement anG
Interference upon the executive pow
ers granted the governor under the
constitution Of the state.
The court further holds that under
Section 10 of Article 6 of the consti
tntion, the pardoning power is vested
exclusively in the governor, and that
any law which restIicts this power
would be unconstitutional and void
The opinion also holds that the
state constitution only vests in the
legislature power to provide by law
regulations relative to the manner o
applying for pardons.
Decision Was In Habeas Corpus Case
The decision Of the court was hand
ed down in denying the writ OF ha'
beas corpus applied for by Will Rid
ley, Of Stephens county, who sought
to be released from serving out nj.
unexpired sentence in the penitenti
airy for violating the conditions Of his
parole Ridley was convicted on the
charge of selling intoxicating liquors
and was paroled by the governor up
on certain conditions which he did not
live up 10 which resulted in the gov
ernor revoking his parole and order
ing him re-committed to the peniten'
tiary to serve ont his unexpired term
Ridley's attorneys contended that the
governor had no power TO revoke the
parole without consulting the pardon
board which recommended the grant.
ing of a pardon.
Judge Doyle further holds in the de-
cisi0n that the governor has authority
10 revoke paroles for violation of con
ditIons SO released
Governor Has Fewer to Revoke Pa
role
Judge Doyle also holds that the
governor has power at any time 10 re-
woke parole for violation of condl'
tons and send the prisoner back to
the penitentiary to serve out the re-
mainder of his term, even though the
period OF sentence has expired.
The pardon board and lower courts
he etofore have held that if the de
fendants sentence period had expir-
ed, even though he had violated the
conditions OF his parole, the governor
was without authority to revoke The
parole.
This ruling will have the effect OF
keeping violators OF the prohibition
law from making applications for pa
roles as under the decision, unless
pardoned, the 'bootleggers" unexpir'
ed sentence hangs over his head in
definitely and If he is arrested for
violation of the law he can be sent
back to the penitentiary or count,
jall by the governor.
A King Of BootIeggers
Ridley, the defendant in the habeas
corpus case, is said by Duncan parties
10 be king of bootleggers' in thai
district. He was paroled by Govern
or Haskell two years ago after hay'
Ing served all but two years OF a
pepitentiary sentence for killing his
brother-in-law at Lawton. It Is STATED
that he refrained from bootleggins
until after his sentence period had
expired, contending that the governor
could not then revoke his parole fol
violation OF the liquor law.
fsxt II n ~ mil
the governor power to send Ridley
back TO the penitentlary to serve two
years In the penitentiary, instead o.
his being sent to the county jail fol-
few months, II convicted on the
bootlegging. cha eges against him. The
decision will also give the governor
power to place Clyde Mattox. wei
known Oklahoma criminal character
back in the penitentiary to serve ou
his unexpifed sentence for an at
tempted killing at Newkirk.
Syllabus Of The Opinion
parole, as the term used II
criminal law, may be defined as th'
release OF convict from imprison
ment upon certain conditions to bs
observed by him. and suspension .
bis sentence during his liberty thu
granted.
2. Under the constitutional provl
sion. comforting the pardoning pow
er upon the governor ICONS. Sec. 10
Art. 81 The governor has exclusive
power to parole 4 convict, with sucl
restrictions aud Limitations as he, ma,
deem proper, and upon q violation p
(Continued on Page Four)