The Birmingham age-herald., 1911-06-30
.O'NEAL STIRRED BY
 GADSDEN'S ACTION Issues Statement on Recent
 Mass Meeting z POWER OF PARDON
Governor Says Meeting Was Domin- ated by Spirit of Intolerance and Pharisaism"-Suggests
 Only Remedy


 Declaring that the mass meeting at Gadsden yesterday was largely dom mated by spirit of intolerance and pharisaism1 and that he shall continue to discharge his constitutional duties unswerved by public clamor, Governor Emmet O'Neal late tonight issued a signed statement in reference 10 the action of the Gadsden meeting in con demning him for the parole of Thomas Higgins and J. T. Howle.
 In his statement Governor O'Neal de- clares that the power to pardon Is alone vested in the chief magistrate of the state. and that his decision Is as final as the judgment of the supreme court; that the only remedy flor the corrupt abuse of this power is by impeachment proceedings under the provisions of the constitution"
 The chief executive warmly censures Cato Glover for his action in aiding and securing the adoption of the condemna tory resolution, particularly as his pro- fessional occupation seemed largely taken up with seeking pardons or paroles.
 
 sued by Governor O'Neal:
 Statement in Full
 'I have no disposition to present in the public press the reasons or motives which controlled me in the exercise of the constitutional power of executive clemency. The power to pardon Is alone vested in the chief magistrate of the state and his decision is as final and conclusive as the judgment of the su- preme court. It is not subject to re- view by any tribunal, and the only remedy for the corrupt abuse of this great power is by impeachment pro- ceedngs under the provisions of the constitution. It is therefore just as im- proper to impugn tre motives or to question the honesty of governor, who under the solemnity of his oath of office and under the facts of 3 particu- lar case exercises bis eenstaI4it4onal power 10 pardon or parole as it Is to criticise or condemn the motives of a judge of the supreme court in rem derng an opinion.
 ''1t was, therefore, only in reply to letter from warm personal friend that was induced to state frankly and fully the facts which controlled my granting paroles to Thomas Higgins and J. T Howle. This was done only
 
 misled by false and unfounded state ments
 T have no intention to add anything to what I have heretofore said in my letter to Colonel Kyle in reference to those two cases, but in view of the fact that the resolution adopted by the mass meeting at Gadsden also cen sured me for my action in granting a pardon to Claud Chaney, it is but proper for me to give briefly the facts in that case.
 Statement of Facts
 MT. Cato D. Glover who seems to have been one of the leaders at the mass meeting is the same man who has for several months beseged my predecessor as well as. myself with let ters and personal petitions to pardon Chaney. His letters are on file in my office, but I confess that his personai intercession would have been unavail ing had he not been fortified by a letter from Judge John H. Dsque, the trial judge, urging executive clemency for Clancy. The frequency with which the name of Cato D. Glover had ap- peared in connection with applica tion:s for pardons or paroles had aroused my suspicion and led me to believe that seeking pardons or paroles as his chief professional occupation. However, the letter from Judge Disque, in whose judgment and impartiality I had per feet confidence. removed all doubt and led me to grant the pardon MT. Glover had so consistently sought. l knew that it was well recognized that Judge Disque had shown little if any favor to the violators of our prohibition laws In his letter to me Judge Disque said in reference to Clancy:
 "'Tm of the opinion that the law ha IS been vindicated and that his case is one worthy of consideration for exec utive clemency I therefore unhesitat- ingly recommend it.
 AS to Mir. Cato Glover:
 T confess that l am at Joss to understand how a lawyer with sense or common decency could join in se- curing tho adoption of a resolution of censure against the governor for grant ing the pardon which he himself had sousnt and advocated. It occurs to me thal lawyer who will urge and secure from the chief executive of a stare a pardon for a client and who will afterward join public meeting and support resolutions oensuring the same governor for doing that which he himself asked should be done has little conception of the ethics of an honorable profession.
 Not Disposed to Comment
 q have no disposition to comment on the action of the mass meeting at Gadsden. I shall continue in the fin ture as I have in the past to discharee my constitutional duties unswerved bv public clamor, prejudice or passion The calm impartial and judicial tempera- ment of that meeting was very clear ly demonstrated by it's refusal to al- low my friend. Colonel Kyle, to read the letter of explanation which I had written him: it but gave evidence of that spirit of intolerance which l have encountered in the past and which regret to know still lives in the bosom,i of few people in this state. There are some men who have never yet learned that there is a spirit of Christian char ity which will accord to others tho same sincerity and purity, of motives they claim for themselves. There are some men who. wrapping their phari- sacal robes around them. thank God that they. are better than other men, and I am inclined to think that it was this class that dominated the mass meeting at Gadsden. It Is this spirit | of intolerance and bigotry which Currari once said was the cursed offspring of servile hypocricy and which. on the | specious pretense of morality makes war on human rights, which will listen l to no argument. for error is the bread | on which it's folly feeds |
 "EMMET O'NEAL"