The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-08-05
tAsEAS CORPUS PROCEEDINGS
WILL BE BROUGHT TO TEST
POWER OF LIEUT.. GOV.
GOV, CBUCE CONT ENDS
That His Office, During His Brief
Absence Could Not be Construed as
a Removal From the State. Nc
Alester Talks.

Oklahoma City, Okla, Aug. A.
Tomorrow or next day an original
case involving a writ of habeas cor
pus will be filed in the criminal court
of appeals for release fone of the
inmates of the state penitentiary, to
whom Col. ]. j. McAlester, acting
as governor in the absence of Gov.
Cruce from the state, issued a pardon
late Saturday night. Norman Y.
Haskell, attorney to bring the suit,
said lie did not know which one of
the prisoners names would be em-
ployed, but that tie action would
serve to test the governors conten
tion that he had control Of the par
dons until prisoners are released from
custody.
Late yesterday afternoon one of the
pardons issued Saturday night was
presented to Deputy Warden Fry at
the state prison, but, acting under
prior orders from the governor he re-
fused to recognize it. 1t is admitted
that the question is a close legal one,
involving decisions from many states,
and will turn on the point it is said,
or when an executive pardon becomes
effective. Attorneys who will bring
the test suit hold to the opinion that
this time is when the pardon is CON
structively" delivered to the prison
er and that such delivery is accom-
plished when it is placed in the pos
session of the prisoners agent.
One of the pardons ssued by Col.
McAleter, all agree, is beyond the
control of Gov. Cruce, assuming that
his position to recall pardons is good.
That was the one issued in favor OF
Ben Bonds of Shawnee, under sen
tence of five years for bribery. He
was convicted in the district court
OF Pottawatomie county and the SEN
tence was affirmed by the criminal
court of appeals, and q motion for
rohearing was pending. Bonds was
free on bail awaiting the outcome
of his case, and after the acting gov
ernor affixed his Signature to the pa
pers it was handed to Bonds, and he
departed with it.
Will Test Entire Question,
Before leaving for Ardmore this
morning to drive the first spike in
the construction of the Ringing rail-
road, Gov. Cruce reiterated his in
tention to test the question in all its
phases, one CT them being whether
the lieutenant governor has author
ity under the constitution to act as
governor during the temporary alb
sence of the governor from the state.
That section of the constitution
which controls reads:
"In case of impeachment of the
governor, or of his death, failure to
qualify, resignation, removal from the
state or inability to discharge the
powers and duties of the office, the
said office, with its compensation,
shall devolve upon the lieutenant gov
error for the residue of the term or
until the disability shall be removed.
1t is contended by Gov. Cruce tina,
Col. McAlester could act, if at all in
this instance, only under the ere
moval from the state" or inability
to discharge the powers and duties
of the office" clauses. The gov
ernor will contend, it is understood,
that his brief trip to Kansas City
was neither a removal from the
state nor a circumstance which rem
dered him unable to discharge the
duties of his office.
While the question of authority OF
the lieutenant governor to act at all
during the temporary absence of the
governor from the state bobs up in the /.
textbook controversy as we'll as tina.
affecting the pardons. Gov. Cruce T.
presents an additional one. He will /.
contend, it is understood, that VIXEN /.
he declined to approve the book con-
tracts, it amounted to his dsapproval /.
of them, therefore the acting govern