Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-24
IGNORANCE OF APPLICANTS
sRlNGs MUCH ENCOURAGEMENT
Parole Board and lndstsrminate SEN
tsnes Laws Adopted With idea Of
Relieving Governor Of Detail Work
and Assuring Fair Treatment 70 All
-0ovsrner Acts on Beard's Findings.
Special to Times Republican.

AoAAuolOIy Iuct4Ouot anu paroles only
after full investigation. So long as he
Is governor there will be no reversion
to the old system of haphazard SEN
fences and paroles by political pull or
administration Of prison laws by hys-
terra. He has made this plain to dele
cations that have recently visited him
to insist upon his passing over the
entire law OF the state. From the very
first he has insisted upon enforcing
the laws as he finds them in letter and
in spirit.
The first three or four bills in the
Iowa legislature which planned the
undermining of the Iowa penal code in
the direction of reformation and away
from vengeance, were literally driven
out of the legislature because of the
claim then made that the Iowa consti-
tuition is like that Of some OF the older
states and the monarchial countries in
vesting in the head of the state an
absolute and unrestricted power of
pardon as a free gift from the chief
executive When the law was finally
passed 1t was made to fit this con-
stitutional provision:
''rhe governor shall have power to
grant reprieves. combinations and par
dons after conviction, for all offenses
except treason and cases Of impeach-
ment, subject to such regulations as
may be provided by law"
Law RsIievss Governor.
in the working out Of a Jaw to mod
ernie the Iowa system and to- provide
a hoard especially charged with the
duty of handling all the parole and
pardon business and to relieve the gov
ernor of this detail work. the indeter-
inmate sentence law was passed with
this broad provision:
TT shall be the duty Of the, board
of parole, under the direction Of the
governor, to take charge. of all cor
respondence in reference to the pardon
of persons convicted Of crimes and to
carefully investigate each applicant,
and to file its recommendations with
the governor with its reasons for the
same"
1t was the intent to provide parole
board that would take from the gov
ernor the most oppressive and unreal
sonable burden attaching to his OF
flee and to thus provide q way for a
real examination Of every case and full
investigation to take the place OF the
merely nominal investigation that was
only possible under the old system.
now practically abandoned in every
state Of the union. In order to salts
~ some members Of the legislature
that the intermediate sentence law
would be legal and to avoid the dan
ger of the district courts declaring the
law unconstitutional, there was insert
ed saving clause, one declaring that
there was to be nothing in the act I'M
pairing the power of the governor I'M
der the contitution" in regard to par
dons. etc. And this 1t just what 3
done. The governor acts under the
constitution, which distinctly requires
that his action shall be Subject such
regulations as may be provided by law,
and the entire parole and indetermin-
ate sentence law is such regulations.
Can Approve or DisapProve.
But for this clause Of the constitution
Subject to such regulations as may
be provided by law"-there could be
no parole board or indeterminate SEN
fences, or any flexibility in the Iowa
penal code that would adapt 1t to mo-
dern conditions and ideas. Unless tnls
clause Is recognized as In full force the
parole board has no right to exist.
'T do not have any doubt" said the
governor the other day to delegation
that visited him." that the governor can
either approve or disapprove OF the
recommendations Of the board, ana ne
may issue a parole or reprieve IN OPP
position to an adverse recommends
ton; but 1t is plainly contemplated that
the governor shall act under the re"
gulations as provided by law as lhoi-
Gated in the very language. of the con-
board shall take charge Of not some but
all. cases wherein there Is application
for clemency and investigate and ME
recommendation and notify the gov
ernor Of the reasons therefor so that
he NAV act intelligently. The COVER
nor may make further Investigation or
different one or require another inves-
tigation, but 1t Is his duty to require
the parole board to place on record us
and reason. TO TAKE
any other course rendes the whole law
meaningless
~ Ianoranes Embariassss.
An illustration Of the embarrass-
mont which comes 20 state officials
because OF the erroneous impression
which prevails as to the working OUT
OF the law az to paroles. was given
when yesterday afternoon COMMITTEES
Of about q dozen men went to the state
house to intercede for three or four
transfers Of Des Moines who received
sentences last year FOR violation OF
law in connection with strike. The
committee included several working
men and also Mayor Hanna and Coun-
cilmen Roe and Van LEV. It would
have been supposed that prominent
city officials would be Informed to
some extent on the duties Of various
officials. but it seems otherwise. The
committee insisted on having the gov
ernorf stop an important meeting OF the
executive council that he might listen
to their Views in regard to tho merits
of the criminal case In which these
men became involved. To do 20 the
governor would have to spend an hour
or two Of valuable time on q matter
which. at the conclusion, he would
have to explain, IL entirely in the
hands Of the parole board. The latter
was not in session and while the NOM
bers have been here most OF the time
recently the committees did not take
the trouble to see them. The COVER
nor has been compelled to explain to
perhaps q half dozen different commit
tees that the matter Of paroles u In
the hands os the parole board. and yee