New-York tribune., 1912-02-24
DIX STICKS TO HIS VIEW
Moral Effect Same, He Says as
if Gerard Had Filed Decision.
-, r.,..,,, - rnc Tr,bune. !

III Wei dlu Ilhu hOn
TRy Telegraph 10 The Tribune,
Albany. Feb. 23.-All the spunK inst
Governor Dix possesses has appu' enl'
bee, aroused because OF the de'e'op-
nents I'm the Brandt case. He announcer
this afternoon that he was as rirn' % :,
Gibraltar" in his position anno"''
Yesterday that he now has no po"o
act because Of the decision OF
Gerard granting the writ 81 habeas ooi
mis- 10 the former valet Of Mortimer -
Sch,ff. and he issued statement W
which he attacked the contention wv
because the order has not yet peeh l''
maIly entered he was still authorlHeu "
exercise clemency.
tIe says he received a telegram to that
effect from District Attorney Whitman
and that he was Informed Justice Geraru
had announced he would delay entering
the order 10 give him time TO grant
rardon to Brandt but the Governor
takes the position that the moral eHef'
of the order IS the same as though 1t had
actually been entered.
ITO accept the suggestion, he say
that entry Of tho final order giving leeal
effect 10 such personal right is deltber-
ately withheld upon the chance that the
executive might dishonorably take ad-
vantage Of a technical opportunity 10
exercise a jurisdiction which has acti-
ally been swept away by the decision
would be an insult to the court, which
the executive has sworn to uphold ana
for which he entertains q profound re
spect."
No Request to Gerard from Dix.
Before Governor Dix gave out his
statement ne was asked " Justce
Gerard was holding up the entering OF
his decision at his request. He answered
emphatlcalIy that he had made no such
request. Asked il he intended to bring
about an appeal, he said that both Az
torney General Carmndy and District
Attorney Whitman were on record as
fayoring such action.
Attorney General Carmody has per
sistently endeavored tp persuade the
Governor 10 pardon Brandt, and the
Governor has just az persstently refused
until after a further investigation. Be
fore leaving here for New YorR this
afternoon TO confer with District Attor
new Whitman. Mr.. Carmody said The
Governor will ultimately be on the side
OF Justice, Liberty and law"
Il have great respect for his judg-
ment and character" he added, and 7
feel assured that in the end there will
be no sagreement between u.s."
Governor States His Case.
The Governors statement in full fol-
lows:
. II has been stated in the public press
that 1 acted under misapprehension i'm
deciding yesterday and announcing that
the decision OF the Supreme Court In the
habeas corpus case has. for the time being,
completely tied up further proceedings be-
fore Commissioner Hand. 1t has been
stated that because the order In the ha-
leas corpus proceedings has not yet actu-
ally been entered, the conviction OF Brandt
has accordingly not yet been formally and
Legally set aside, and that the Governor
accordingly is still authorized to exercise
clemency.
1 have received a telegram from Dis
trict Attorney Whitman TO the above ef-
feet, and ] am informed that Justice
Gerard announces that he has not yet
handed down his decision, of which only
a transcript has been made public, and
that he will delay entering an order In
the case. TO give me time TO grant pardon
MY decision as announced yesterday was
made absolutely with no misunderstanding
or misapprehension on my part OF the exact
status OF the proceedings. ! was fully
-, Of ha hat no
the habeas corpus proceedings had not
been entered, and, accordingly. that tech
nically / still had fun jurisdiction In the
matter OF executive clemency.
But | was also aware OF the fact that
the decision OF the Supreme Court had
been announced and made public and that
supposedly the final order would, IN the
Ordinary course, have been entered yester-
day hut for the tact that yesterday was
public holiday. | naturally and properly
a assumed that IL would be SO entered to-day.
The moral effect OF the decision OF Jus
t,cc Gerard, as made public by him, was
precisely the same as IL the formal order
had actuavy been signed and entered. |
accepted hts published decision. upon which
assumed, and had ii right TO assume, ne
would base formal order, az a declara-
ton of the Supreme Court that Brandt was
not legally convict and that his conyic-
tlon should b, set aside and was set aside
The hearings before Commissioner Hand
had besn duly adjourned until next Tues
daV The questions submitted by me 10
tho commissioner for full investigation and
ascertainment OF facts had ny no means
On the contrary. without my knowledge
or approval the inquiry had been halted at
A vital point. For that fact J am not re-
sponsible Nor am | responsible for the
hut, az hope. only temporarily 60 For
siioh SUSPENSION tho decision of the Supreme
Court is alone responsible, for the reason
maj the moral effect OF the Supreme Court
decision was 10 make my warrant OF i'm
auiry for the time being null and void.
I had not the slightest reason 10 suppose
or suspect that a formal order, based upon
promttly entered. When the Supreme
Court announces It's decision by giving a
complete transcript 20 the public press, |
consider that its decision has been made;
and the fact that there still remains the
actual fling Of a formal order 10 make the
decision legally effective does not in the
slightest degree change the moral effect
az the formal announcement OF the court.
The court has enuncisted with great EN-.
phasis the existence Of personal right OF
which Brandt is now being deprived: To
accept the suggestion tgst , entry ch 3t nr .ne
soral righ, n deliberately withheld upon
The chance that the executive might dis
honora bly, take advantage OF technical
opportunity to exercise a jurisdiction which
ms actually baen swept away by tho de-
cision would be an Insult 10 the court
which the executive has sworn 10 uphold
and for which he entertains a profound
respect.
MIrabeau a. Towns, counsel Tor
Brandt. came here to-day TO confer with
the Governor on the powers Of the ex-
ecutive 10 deal with the case, but in
stead conferred with Seymour Van SAINT
voord, the Governors legal adviser.
az came to Albany" said Mr.. Towns
after his conference with Mr.. Van SAINT
voord, for the purpose of making
statement 10 tho Governor In regard 10