The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-21
DoNAGHEY's DRASTIC ACTION.

When Governor Donaghey. of Arkansas, lib
grated $50 convicts at one stroke of the pen. be
stated specifically that his action was war
measure, and that he pardoned the men IN
order to focus the attention of the public upon
the evils of the convict lease system, and to
force the legislature to take action to abolish
Il His action not concession to Blease-
ism: his motives, given by himself were the
opposite of those which have actuated the
South Carolina governor.
In spite of this, however. there has been evil
denced a disposition to point to his action as
4 result of the example set by Blease.
number of people and some newspapers have
declared that the man who took such decided
stand against the South Carolina curiosity at
the conference of governors held in Rich
mond early In December, is now taking leaf
from his book. and is setting the law and
the courts at defiance by iiberating men con-
victed by them. There may be grounds for
difference of opinion as to the wisdom of Gov
ernor Donaghey's action, and as to his right
to make such radical and drastic use OF his
pardoning power. but. 1t seems to us, there
Ia no reason why his motives for so doing
8 should be misunderstood ..~.....l
The Charleston Netcs and Courier and the
Columbia State apparently recognize this. but
they take decided stand in opposition to the
Arkansas governor The Lynchburg Netos Is
Inclined to believe that his action, although
unprecedented will result in good. II the lib
Grafton OF the convicts should have the effect
Of bringing about the obolition OF the convict
lease system, 1t thinks, the action will meet
with the appreciation of the coming genera
tion OF the State.
There is much TO commend this view. The
convict lease system is unwise. unjust and
uncivilised. The Columbia stdte admits this
much, but holds that 1.-The remedy does not
lie in releasing convicts from those camps" 1t
says that lovers of the dollar--and most men
are lovers of it-become british when they
may with impunity gain more dollars through
barbarous treatment of defenseless men,. but
declares that the remedy lies lin securing by
legitimate methods the enactment of proper
laws for the punishment and protection Of
criminals
None will dispute this, but the difference
"A to what are Legitimate methods" Those
means considered as legitimate by the State
have failed In Arkansas. The governor has
found 1t impossible to secure the enactment
OF the needed laws by persuasion or by pub
lie opinion and hopes to increase the force
OF the latter by drastic action. 1t may as
we'll be confessed that Governor Donaughey
has taken grave risks, but whether he has
taken undue liberties with his pardoning power
can best be judged when we learn the re-
salt
AS a rule, The Virotntan believes, the spirit
as well as the letter OF the law should be OBJ
served by those in authority, but times come
when the spirit may be literally interpreted
with good to the community. Laws are not
az strict as those of the Modes and Persians.
and the exercise OF discretion on the part OF
those enforcing them Is sometimes wise, pro-
vided the ground forbidden by the letter OF the
Law is not trespassed upon. The pardoning
power OF the governor is almost unlimited by
the letter of the law. but Is restricted by the
spirit Of 1t. 1t must be used for joint good
Of the criminal and OF the State. When this
win be gained by the use OF the power. and
when 1t will not is the province OF the gov
ernor to determine. Governor Donaghey be-
iieves his action will result In more good than
harm and IL II results in the abolition OF the
ccnvict lease system in Arkansas. most peo-
pie will be inclined to believe he is right.