Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-07-23
Pardoning Criminals.

Although The Enquirer does not De-
long to that element which would un-
dertake to make 1t appear that the
difference In the record Of the pres
ent governor on the pardon question
as compared with the record Of other
governors includes quality as we'll as
quantity, we do believe that the par
doning power has been and is being
abused, and we would like very much
to see some reform along this line.
The provision Of the constitution
which places the pardon power in the
discretion Of the governor, Is a wise
one. That such a power should exist
somewhere so as to serve as a means
of relief against otherwise irreparable
hardship and injustice is not to be
disputed. OF course 1t may be held
that the pardoning power should be
placed here or there; but wherever the
pardoning power may be placed, the
human element enters into the prob.
lem all the same, and whether fina
power be vested in a board or an in.
dividual, there is just as much chance
for mistakes one way as the other.
The usual procedure in a pardon
case is for the convict or his friends
to turn the matter over to an attorney
who may very properly prepare petit
tions, affidavits. and other evidence
and assist in placing the case properly
before the governor. According tc
our view the business of the attorney
should not go beyond the preparation
Of the papers, and If 1t does go fur.
ther than that it will be coming pretty
close to things that are questionable
In many cases, however, the pardon
attorney continues to push his case
with the same shrewdness and vigol
he is supposed to use in a defense In
the sessions court and often things
are done that should not be done.
1t Is not our purpose to abuse any
specific pardon. We will say in
general way that we are more toler-
ant toward clemency in behalf Of the
poor and humble than toward the
more intelligent offenders who stand
higher in the social scale. We say this
because offenders of intelligence who
stand higher in the social scale, de-
serve less sympathy In their wrong
doing than do the ignorant, lowly and
naturally vicious. At the same time
the less deserving class, the intelligent
criminal of means, Is generally able
to command more influence and gel
what the other poor fellow cannot
get, even though he be more deserv-
ing.
But this abuse of the pardonine
power, If there is any abuse, is mat
ter entirely within the control of the
public. AS has recently come out, II
is a matter of small difficulty to gel
the average man to sign a petition FOL
anything, and while for that reason II
would seem that petitions are entitled
to small respect, such is not the cese
Men are unreasonable about many
things and however lightly or indif.
ferently a man may have put his name
to a petition, If that petition is ignor'
ed 1t is easy to make him believe thai
he has had a personal rebuff. and pu'
him to fighting. Officials of all kinds
understand this and not many Of them
are willing to stand against really
strong petition. The people therefore
should nip troubles like this by being
very careful what they sign at the
outset.
And then again, there should be
some limit set on the length to which
an attorney may properly go in repre-
senting a petition. He should not be
permitted to become a partisan in such
a matter, as in the defense case. un'
der any circumstances. When he goes
beyond the mere clerical work of pre-
pairing the necessary papers and see
ing that they same are inteligentlS
presented, he Is working against the
peace and safety Of the public and the
public will do we'll to camp on his
trail.