Arizona republican., 1913-04-12
Objects to Provision Re- stricting His Power in Matters of Communication of Sentence, Pardons, Paroles and Reprieves
AGAIN UP TO
 LEGISLATURE
lnstructs Penal Code Be h. cluded in Call for Session to Start Monday-Friends and Enemies Alike Regard Action as Courageous

Like a bolt from the blue almost. Governor Hunt yesterday hurled his veto against The Penal Code" of the state as provided and passed bv the recent session of the legislature. known as house bill 18. which was up to the time of the signature the one complete piece of code legislation enacted by the two monthss sessions just closed. The governor objects strenuously to that new section of the code which limits his powers as governor over the pardons, parols. and reprieves of convicts. According to the constitution of the state since the legislature is not in session the veto message was filed with Secretary of State Sidney P. Osborn yesterday afternoon.
 The governors position In his veto is based upon what he conceives would compel him to stand helplessly by and permit the execution Of the murderers confined in the state pr- son, men whom he has already twice reprieved The governor in vetoing the bill. placing his disapproval upon the largest and most important piece of legislation so far enacted by the combined houses of Arizona's law makers. is in addition to being con- sistent with the stand he has hereto fore taken. one of the nerviest possi- ble exhibitions of gubernatorial pow CT. It is regarded by some of his friends and many of his po- litical enemies as a direct chal- lenge to them to do their worst, to start a recall petition against him if they minded that way. and think they can succeed in their desire to remove him from office. In fact it is more than an exhibition of nerve. it is a showing of the courage of his convictions that few others would make.
 Immediately following his decision in the matter of the veto of the bill. the governor gave orders to the at taches of his office to incorporate in the call for the session of the leg islature- to meet on Monday. a provi- sion asking for the passage of the penal code. Thus putting the matter squarely up to the legislature again. Tn speaking of his action yesterday the governor said, T could not well f, do otherwise and be square with my i conscience. I do not believe that the 1 powers of the governor in the matter 1 of reprieves. pardons. and paroles should be curtaied in any such man ner. However I might act with re- gard to the penal code u at contains the death penalty in it, I could not l for one minute countenance any ac- tion of the legislature that would ac tually tie my hands in matters that have heretofore universally been con sidered as within the province of the executive
 The veto message in full is as fol- lows:
 April 11th, 1913.
 Hon. sidney Osborne, Secretary of l State
 l Sir-I have the honor to convey to you, as secretary of the state of Ari- zona. the information that I have this day disapproved and withheld my sig nature from House Bill No. AS. which was enacted by the first state legis
 lature in it's second special session. and which is entitled, An Act to
 Establish a Penal Code
 The reasons for my disapproval of
 this measure are, in my opinion. per-
 fectly valid, just and well founded,
 and are based upon the provisions
 contained in Title sS. Section 12SS.
 which reads as follows:
 "The governor shall have no power
 to grant any communication of any
 sentence of death nor any reprieVe or stay or suspension of execution in
 any capital case for a period exceed , ing ninety days, except for the reason
 that new evidence has been discover , ed tending to show the innocence Of the convicted person. statement Of
 which evidence has been transmitted 7 to the governor
 Prior to the so-called revision "f
 the Penal Code, by process of whici, , the radical departure quoted above 3 was thrust into the proposed organic law of the state and submitted to me r for approval. the statutes of Arizona
 reposed in the executive the power = to commute and reprieve for suffi I cient reasons the sentences of pris- n oners, whether such prisoners were Q convicted of capital or lesser offenseS
 According, moreover, to information
 which I have obtained from authori- o tative sources. the committing ano e reprieving powers are conferred upor
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