Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-12-29
Attorney General Rules That
Pardon May Be Granted on
Condition Extending Be-
-
yond Sentence.
STATE HOUSE CHAT
Report of Passamaquoddy Indi-
an Agent-Premiums in Judg-
ing Contests Announced
Corporation Matters.
Next meeting of Governor and Coun-
Gil, 4 p. NJ, Wednesday, Dec. 30.

According TO a decision rendered
Monday by Attorney General Scott
Wilson it is within the authority of
the pardoning power to grant pardon
upon a condition that may extend be-
yond the expiration of the sentence.
The decision was rendered in response
to a request by Councilman Edward
w. Wheeler of Brunswick, chairman
of the committee on pardons on the
part of the Governor and Council.
The decision of the attorney general
was stated in tn letter to Mr.. Wheeler
as follows:
with reference to your letter re-
lating to conditional pardons, 1 have
made further examination of the au-
thorities and have come to this con-
clusion That it is within the authority
of the pardoning power to grant a
pardon or a condition that may ex-
tend beyond the expiration of the SEN
tence, as, for instance, that he refrain
from the use of Intoxicating liquors
for the rest of his life, or that he leave
the State and never return, and if
the pardon was accepted by the pris-
oner, he was bound by that condition.
However, If the conditions are left in
definate, that is,s without being GER
tain as to whether they were to ex-
tend beyond the term of the sentence.
they should, / think, be construed in
favor of the prisoner and would be
held to continue only during the term
of sentence,
The case of Huff versus Dyer in
the Ohio Circuit Report, Vol. A., page
595, seems to me to be the best state
ment of the law that / have been able
to find bearing upon this question. In
this case the court says: We believe
the true ruling to be that the dura-
ton of condition subsequently annex
ed to pardon will be limited to the
term of the grantees sentence, unless
an intention to extend it beyond that
term is manifest from the nature of
the condition or the language in which
it is imposed, the reason for this con-
clusion being previously stated by the
court as follows:
:" If there be doubt as to the sound
ness Of the conclusion intimated, it
must, according to a familiar and ben
Efficient rule, be resolved in favor of
the plaintiffs liberty, for it is well
settled that pardons are to be con-
strued most favorably to the grantees.
and conditions subsequent are not
to be extended by mere inference
This seems TO me to be founded on
sound principles. In most of the other
cases which 1 have. examined, the
language of the pardons was such
that the conditions were by clear in
/ tendment extended beyond the time of
the sentence.
Il have not now before me the Ian
suage of the forms that our State is
accustomed to use in granting con-
ditional pardons, but my recollection
OF II is that there is nothing III it be-
yond the term of the sentence 1t may
be that in order to make it clear it
would be better in all past cases where
there is a request for the State to re-
move the conditions. that the pardon
be made absolute, which. l think, is
the proper course, rather than the re-
moyal of the condition, and in future
cases to make it clear what the par
doning power intends, whether to
have the condition extend beyond the
term Of sentence or not"