The Kenna record. (Kenna, Roosevelt County, N.M.) 190?-1924, 1913-08-22
GOV. MoALEsrER's PARDons
Held Good by the Criminal Court Of
Appeals.

Oklahoma City. - When Governor
Cruce crossed the boundary of his
official Jurisdiction on the night Of
July 81, en- route to Kansas City, he
left behind him the duties and pre-
negatives of the office Of the chief ex-
ecutive OF the state, which immedi-
ately devolved on the lieutenant gov
ernor, and all acts performed by Act
Ing Governor ]. ]. McAlester in grant
ing a pardon to George Crump, Jr.,
are valid and binding in every re-
spect.
So held the criminal court OF ap-
peals in . verbal opinion announced
by Judge Thomas H. Doyle in the
habeas corpus proceedings instituted
to secure the liberty Of Crump by vlr-
tue of the pardon.
Following the announcement of the
decision Crump, who had been
brought before the court in the GUS
tody Of deputy warden Of the peni-
tentiary, walked from the court room
free man after serving thirteen
months Of a seven-year sentence for
| conviction Of fraud In connection with
the sale Of Indian lands in Pottawa.
tonne county. Crumps first thought
was OF his aged mother at Muskogee,
and after a few minutes spent in re-
ceiving congratulations from his
friends in the court room he lost no
time in getting to a telegraph office
to notify her of his freedom and that
he would soon return to her with the
stain of conviction removed, his par
don being absolute and complete. His
father was in court with him.
The decision, which establishes the
authority Of Lieutenant Governor Nc
Alester to perform the duties of gov
ernor in the absence of Governor
Cruce. occasioned by his visit to Kan.
sas City, is expected to settle com.
pletely the controversy over executive
authority that has been going on be-
tween Governor Cruce and Lieutenant
|
tablish the validity of the signing of
the school book contracts and bonds,
which, 1t Is charged. is responsible for
the governors opposition to all acts
performed by McAlester.
Some of the questions, however
which were raised In connection with
the validity of the pardons are not
applicable to the school book con-
tracts, but, nevertheless, the authority
of McAlester to act as governor on
the night Of August 2, the. time OF the
signing OF the contracts and the grant
ing OF the pardons is established be-
yond question by the decision of the
criminal court Of appeals.
The only material difference in the
two cases, according to friends of the
governor and opponents of the book
adoptions, is the fact that the ques-
ton Of the validity of the adoptions
was brought before the supreme court
on an appeal from Judge Carney's In
junction, prior to the signing OF the
contracts and bonds and that the case
will have to remain there until finally
adjudicated.
| Warrant for Updlke.
Anticipating the decision of the
criminal court of appeals in the
Crump case, County Attorney D. X.
Pope went to the sheriff's office to
make certain that the warrant issued
last week for the al rest of Bert Up
dixie, one of the men pardoned by Act
ing Governor McAlester at the time
Crump was pardoned, had been sent
to the officers at McAlester.
Under Sheriff John Reeh informed
the county attorney that the sheriff's
office had made the necessary prepare
ton to have Updike arrested the in
slant he stepped from the penitentiary
under the pardon. The warrant for
Updike's arrest is based upon infor.
nation charging him with killing A.
o. Christianson. Updike was tried
g. II N n