The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-28
GOVERNOR UPSETS
PLAN TO INCREASE
POWER OF BOARD
CONTINUED From First pagcl

tho Governor could. ana certainly
Mnuin' pc eventually absorbed by the
'oaru OF directors of the penitcIitiary
ny steady encroachmcnts in the natu-,
81 legislative cnactmcnts such MS rnc
one ~ question.
The claim that the exercise OF nm
,ple power by the board OF directors OF
the penitentiary is OF a nature hc,,cr
or uinerent from that OF tho conditional
na,,u1ilihS power OF the Governor can
!oI be sustained. since The Governor
mas a right To attach any conditions To
n 20 uolS mat ne may choose in the ma
lure OF good behavior, future. cmplov-
hen!: or other proper provisions''
The Attorncy-Gencrars Opinion.
IN transmitting to the Governor a
from State and Federal courts. Attor7
he.N.,sneneral Pollard wrote:
me lengthy opinion herewith submit :
81 3d. tohGrrhins The constitutionallty OF
5 ,iaa, bill No Az. relating to condi :
am OF tho opinion that tho act is UNI
constitutional for the following ren-
First 1t is an attempted cncroach =
meht upon the pardoninG authority OF
INC Governor, vested In him by section
~ OF tho Constitution.
second. The title OF the act does MT
to"lEiy win the provisions OF section
- OF the Constitution. which provides
eHpres a op9Gf ts or every act shall be
the title or Senate bill 44o. as laid
before the Governor, was: ITO amend
and re -enact an act entitled An ACT to
authorize The Governor to grant - Coz
dtonal pardon to persons confined in
nc pen!tentiary upon the rccommcn.
, ,n.,t,, OF me board OF directors OF said
institution. approved March 3. 1925, as
amended and re-enactcd by an act an
proved February 3. 1900. as further
amended and rc-cnacted by an act an
proved May /, 1909. as further amend
ed and re.enncted by nm act approved
March Z. 1904"
Mr.. Poiiard traces the subject back TO tn.
original act session or 1878 chnpt,r rex
page .S'. which mad the following title: AN
act 70 authorize the Governor to grant a
conditional pardon to persons contin,I I'm
mo penitentiary upon the recommendation
Of TIE board of directors OF said instuu.
tor"
Mr. Pollard says:
The effect Of the net was 10 provide ina,
whenever any person IL confined In rho
peniientiary for amy onrnse and shall have
s"fved out half of MS term OF iInpriSon-
with the board or directors o. said ins;i.
futon setting forth certain facts. and
cr;,or as proper porson to rccei:c con-
ditional pardon. II is made the dutv OF
we BOARD OF directors. or any two OF them.
20 INQUIRE into tho statements aad thcS
are authorized. IL they find tho statements
TO be true. ana that tho convict was !.
III and proper person TO receive a condl-
tional pardon. TO recommend 10 the GOV
erhor Tor that purpose. Section provides
that the Governor. after examining the
II.
ana The recommendation of the board OF
directors may grant conditional pardon.
stric'ions and under such limitations ms
he may deem proper,
Several Times Amended
Tie act was again amended ard re-
enacted by Its title by Acts OF 1909. chapter
iss. pnse :s2 but tho amendments are not
cerned. the Governor was given tho
power TO grant refuse "a c0nditio AL
pardon under tho terms OF tho act as
amo nded.
Tho act again amended by Acts OF
1904. chapter Cs page H. tho title TO which
AN act TO amend and re-enact an act
entitled AN act TO authorize the Governor
to grant conditional pardon to persons
confined in tho penitentiary upon recon-
incubation of the board OF directors of said
institntiton.' approved March 8. 1898. as
/. 1893
Radical Departure.
by the terms of this act tho most radi-
cal departure from tho previous act was
made. In thnt the power TO grant the con
ditionai pardon was taken away from the
Governor and conferred directly upon tho
board OF directors OF the pcnitcntinry.
senate b!ll az purports to amend and
rc-rhhct the above act by the same tito
Tho only difference between tho acts of
1901 and Senate bill No. 442, Is that It
cninrEea The powers given to tho pcniten-
After quoting section 70 OF the ConstItu-
a"n ns tn the pardoning power and section
y OF the Constitution AZ TO tho election.
powers and duties OF tho Governor. Mr. Pol.
lard continues:
Thus IL will no seen that tho power
or the Governor TO pardon fs at the pres-
cnt timc. without restriction or limitation
thereon. and Is ampler and broader than
'hc power TO remit fines and penalties
Which latter power Is restricted In this
IcSptct-that his power to remit fines and
penalties can only DO exercised In such cases
ana under such rulea and regulations as
IT #
Only One "Bromo Quinine"