The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1914-04-03


features or the act which would Be
operative, but its declared chief Dur
pose is to put into practical use the
lndetermlnate sentence.
Inc value OF the indeterminate sem
tence ~ debatable, but, whatever its
merits, the act proposed Is objection
able on the following grounds.
1- The act is not accurately sneak
ing a law as its operation IL accord
lng TO the varying will or the success
1ve executives OF the State. Even
when an executive shall proceed in
der it's provisions, he is amenable TO
no rule and subject to no restraint.
Al safeguards against tyrannical
power, and its arbitrary abuse. are
swept away In this reckless declara-
ZION that unless the governor him
ser shall prescribe otherwise, the
governor shall be the sole Judge OF
Wnether or not the conditions OF said
pardon have been preached, and the
determination by the Governor that
Ihe conditions of the pardon have
Deen violated BY the person receiving
me same shall be final and not sub
Ject TO review by any court OF this
State"
The condition of the pardon may
De anything. For instance, it may be
tnat tne convict shall support his
FAMILY; or that he shall be indus
trlous and sober; or that he shall
Keep the peace; OF that he shall make
weekly payments by way or restitu-
ton TO one injured by his crime; or
that ne shall report at regular inter
walls to the parole officers; or that he
shall go regularly to church. Or any
breach of such conditions the COVER
nor Is not only the accusor but also
the jury and likewise the Judge.
Denied even the right of being con
fronted with the accusation and de-
prlVed of any opportunity to show
that he has faithfully performed the
conditions Of his liberation, the con
vict is exposed to the will OF the ex-
ecutive with no refuge in court or
jury.
The intolerable nature Of this Iegis-
lation Is accsntuated by the reflection
that the governor must necessarily
depend for his facts on the reports
OF the parole officers, yet the accused
Is given no right to show the falsity
cf such reports An accusation Is
enough The convict must return to
prison for an act of which he may be
guiltless, and serve out his sentence
This dreadful power could be made a
most potent political engine to carry
primaries and elections. Every con
vict conditionally pardoned, with his
family and friends, would live in the
shadow of this arbitrary power and
would be the reigning governors
man.
All experience is thrown to the
winds, and court is paid to despotic
rule. He who bids man rule adds
an element of the beast; for desire is
wild beast and passion perverts the
minds Of rulers, even when they are
the best of men," The rule OF law is
preferable to that of any individual
No one should forget for a day
that our government, like all free
governments, is one OF laws and not
of men,"
1t is no answer to say that under
our existing Constitution the COVER
nor may issue conditional pardons
The theory OF our Constitution is that
a pardon is a States sovereign favor
while the statute under discussion
proceeds upon the theory that a par
don is a right of every prisoner who
| Is believed to have reformed before
the expiration Of his sentence There
| is vast difference between a favor
and right. Moreover, the funda-
mental idea underlying this plan is
that the governor will become the
facile hand Of the Advisory Board
and simply affix his signature to
what the Board shall recommend. In
effect, what is proposed is that the
governor shall surrender to a Board
what the people have delegated ex-
clusively to him. And this Board is
under no restrictions except those
imposed by rules of their own devils
Ing. In the course OF time, ii Is to
be feared that the warning OF Edmund
Burke will be realized. IAN arbi-
trary system, indeed, must always be
a corrupt one"
2. The act may become practical
nullity SO far as its principal object
is concerned by any governor simply
ignoring it. Its value does not spring
from the legislative mandate, but de-
ponds wholly upon the will of the
successive executives OF the State. 1t
may be rejected in one administration,
tepidly enforced in another, or active
ly employed in a third, then utterly
ignored In fourth, and SO on through
recurring cycles. No one can posi-
lively affirm that a single conditional
pardon will ever be granted within
the purview of this act. Yet the Ad-
visory Board of Parole shall con-
tinuously be engaged in advising par
dons. Imagine the effect upon prison
discipline and upon the minds and
conduct of the convicts, when the
Board, upon examination shall be of
the opinion that both the interests of
the State and the interests of any
prisoner sentenced under the laws Of
the State Of Maryland would be best
subserved by a conditional PARTON ~
and shall, as is its duty, recommend
to the governor the conditional par
don Of prisoners; and the governor
nullifies this act by casting its recon-
mendation into a pigeon-hole.
This is not government by laws
but by edicts. What usful end is
gained by passing a statute. which
may never be enforced, and which
does not confer upon the governor
any power he does not now possess
1t is idle, futile legislation.
Laws Or ordinances OF any kind
which fail OF execution
are much worse than none They
weaken the government, expose it to
contempt, destroy the confidence of
all men, native and foreigners, in it,;
and expose both aggregate bodies and
individuals who have placed conf
dence in it to many ruinous dis
appointments. "-Pelatiah Webster.