The copper era and Morenci leader., 1913-06-13
S FILED
FOR REFERENDUM
ON PENAL CODE
Fight of Governor Hunt To Retain
Power Of Pardon and Reprieves
Begins; Eleven Hundred
Names Are Needed.

Outlining the issue of capital pun
ishment, petitions for referring GER
tain sections of the new penal code
to the vote of the people were receiv-
ed in Tucson this week and will be
placed in circulation. The last legis-
lature passed "An Act to Establish
a Penal Code" in which the COVER
was limited and restricted in such
manner that it practically took from
him that power.
The governor wants it back, as he is
opposed to capital punishment and
has other theories of prison manage
ment which were not concurred in by
the legislative majority. At the time
of the passage of the law it was stated
that the governor would ask the
people to sustain his position and in
the petitions being circulated he has
thrown down the gauntlet.
The effect of the petitions, if suffi-
cient signatures are secured-and
only LOO are required will be to sus-
pend the operation of the sections of
the code in question until the next
general election, which would be in
November 1914, and in the meantime
the governor would retain the power
to grant pardons, reprieves and paroles.
The election would determine whether
power The particular sections TO
which the governor objects as limit
ing his power in this regard, are as
follows:
Sec 1884. There is hereby created
a board of pardons and paroles, to
consist of the state superintendent of
public instruction, the attorney gen.
eral, and a third member to be select
ed by those two. Such third MEM
oh h4 fhn affi 0nrS
member of said board and shall be the
chairman thereof. The citizen mem
Der of said board shall receive as COM
pensation for his services the sum of
seven dollars per day while in attend
ance at the meetings of the board, and
each of said members of said board
shall receive his necessary and actual
travelling and hotel expenses while en-
gagged in the performance of his
duties Said board shall organize by
electing the citizen member as chair
man, and the parole clerk of the state
prison shall act as secretary of said
board said board shall meet quarter
ly at the state prison, and at such
other times as they may deem neceS-
Sary.
Sec. 1885. Said board shall hava
exclusive power to pass upon and rec
ommend reprieves, combinations, pa
roles and pardons, and no reprieve,
Communication, parole or pardon shall
be granted by the governor unless the
same has first been recommended by
said board. All applications made
for reprieves, combinations, paroles
and pardons made to the governor
shall be at once transmitted by the
governor to the chairman of the said
board, and the said board shall re-
turn the same with their recommends
tion to the governor.
Sec. 1886. When an application is
made for a pardon, the said board
may require the judge of the court
before whom the conviction was had,
or the county attorney by whom +he
action was prosecuted, to furnish
said board without delay, a statement
of facts proved on the trial, and of
any other facts having reference to
the .propriety of granting or refusing
the pardon.
Sec. 1887 At least ten days before
the said board acts upon an applica-
ton for a pardon, written notice of
the intention to apply therefor, signed
by the person applying must be
served on the county attorney OF the
county where the conviction was had,
and proof, by affidavit, of the service
must be presented to the said board.
Sec. 1888. Unless dispensed with
by the governor, a copy of the notice
must also be published for thirty days
from the first publication, in paper
in the county in which the conviction
was had.