Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-24

REFUSED TO
INTERFERE

Accepting the Interpretation of the
law as advanced by Frank S. Grant,
city attorney of Portland, and at the
same time advising him that his de-
cision would take a weight from his
shoulders, Governor West today sent
letter to Municipal Judge Tazewell
of Portland, advising him that in the
future, save in extraordinary cases.
he would not interfere in the way of
pardons.
John Dick, of Portland, had been
sentenced by municipal court of Port
land to serve sentence on the rock
pile. Rev, II. Hopp appealed in his
behalf and 1t was this that prompted
the governor to write the letter.
The governor says:
II acknowledge receipt of yours Of
October goth, enclosing letter from
Reverend John H. Hopp in behalf Of
John Dick, now serving a sentence on
the city rock pile
II have had my attention called to
an opinion rendered by the city at
torney of Portland, Mr.. Frank S.
Grant, in which 1t is held by Mr.
Grant that the governor of Oregon
has no authority under the law to In
terfere with the sentence Of the
municipal court In other words, as
! understand it, the opinion of Mr..
Grant contends that where any man
or woman is convicted Of the viola
tion of municipal ordinance and
pursuant to that conviction Is SEN
fenced by the municipal court to pay
fine or serve in the county fail,
that the pardoning power, If such
there be, resides in the city council
or in the mayor or other officer who
may be designated by the charter Of
that city to exercise the pardonlng
power AS a consequence of this
contention Mr.. Grant holds that the
city council or mayor of Portland
possess the power to pardon munich
pal offenders. and that the governor
Of Oregon has no Jurisdiction.
at Is not my desire to interfere In
any way with the administration of
Portland's affairs, and / therefore,
without yenturing an opinion as to
the s0undness Of Mr. Grants cOnten-
ton. have decided to accept his in
terpretation of the law insofar as !
may deem consistent with my duties
as governor The appeals for execu-
tie clemency which in the past have
been filed In this office from the city
Of Portland have required much time
and investigation, and is a labor
which / am pleased to pass into 9TH
er hands better qualified by place and
circumstance to give each individual
case careful consideration. Accord
ingly ! have decided to leave this
question in the hands of the muni-
cipal authorities Of Portland, unless
some extraordinary case is submit
ted to me for my action.
Therefore, | would suggest that
you take up the question of the John
Dick pardon with City Attorney
Grant or such authorities. in Port
land as you deem proper, in order
that the matter may be handled in
accordance with Mr.. Grants inter-
probation Of the law"
Just Exceptional Cases.
1t viii be observed from the letter
that hereafter the governor does not
intend TO exercise the pardoning
power in criminal cases in the munl-
cipal court of Portland save in ex-
traOrdlnary cases Ever since as
suming the Office Of governor. he has
been burdened with appeals for par
dons in cases arising In the munlci-
pal court of the City Of Roses.
Grants Interpretation Of the law re-
lieves him from the duty. and the
governor without a moments heslta-
tion, accepted II.