The Tulsa star. [volume] (Tulsa, Okla.) 1913-1921, 1914-10-17
PRISON PARDONS ARE HELD VALID
COURT sUsTAlNs THOSE BEFORE
PRISON BOARD
Seven Prisoners Liberated-Others
May Obtain Freedom Under Rul-
in Of District Judge Cole

combinations granted by Acting Gov
ernor J. J. McAlester, which were
based upon action of the board OF
prison control, whether favorable OF
unfavorable. are regular instruments
and their beeficiaries will be released
from the state penitentiary, whther
the papers are attested by the scre-
tary of state or not, according to the
decision of Judge Preslie B. Cole, in
habeas corpus proceedings in district
court
Where petitions for clemency have
not been regularly presented and
passed upon by e. board, the court
held that the acting governor proceed
ed without authority, in which habeas
corpus writs were denied.
Only twelve cases were presented,
but those others coming under the
ruling may obtain release upon appli
cation. OF the twelve applying seven
were granted release and five denied.
/ In all. the lieutenant governor granted
I fifty-six pardons, paroles or commuta
( tions during the absence from the
state of Governor Cruce Nine OF
these were attested as regular by the
secretary of state.
Governor Cruce has Issued an or
der revoking the forty-seven not at
tested. but the court refused to rec
ognize the revocations, even on pa
roles, holding in such cases that pa
roles can be revoked only when viola
tions of conditions of parole is shown
Judge Samuel w. Hayes represent
ed the governor and prison officials, in
opposing the writs, while the case of
the petitioners was presented by At
torney h. G. McAdams and Norman
Haskell. Secretary of State Ben F
Harrison and Miss Martha Rosenthal
pardon clerk. were called as witness
es. Miss Rosenthal denied the insinu.
alton that she had hidden the records
of her office in order to thwart the
pardoning activity of the acting gov
ernor.
The petitioners argued that the at
testation of the secretary of state Is
merely a ministerial act and that suf
ficient attestation as to the authentic
ity of the acting governors signature
was given when Secretary Harrison
certified to the fact that copies of the
pardons had been presented to him tC
which he refused to attach his seal
Furthermore, they argued that the
pardoning powers of the governor
haze not legally been limited by the
creation of the, prison board.
Judge Hayes claimed that the at
testation of the secretary of state is
necessary to complete the act of par
doning and that, until the seal is af
fixed, a revocation from the governor
can recall such acts of clemency. The
petitioners had their recourse, he said
in mandamus proceedings. The great
er part OF has argument was directed
to the question of whether or not the
governors pardoning power is abso
Lutte. Final authority is left in hands
of the governor, Judge Hayes admit
ted, and he can go even beyond the
recommendations of the prison board
on cases presented. Judge Hayes ar
gued that the laws of the state have
fixed certain regulations which are
binding and which require that all re-
quests for executive clemency must
pass through the hands of the prison
board
Those Liberated.
Those who obtained writs and we're
released from prison are: Robert w
Thompson, jefferson county, serving
life sentence for murder, paroled; j
Orlando Mitchell, Muskogee county
ten years, perjury. pardoned; Lincoln
Burton, Semiole county, life sentence
murder, pardoned; w. T. Allen, Okla
homa county. life sentence. murder
commuted and paroled: Glen Barnhill
Comanche county, five years. larceny
paroled; Nelson Hawkins, Pontotoc
county. forty years, manslaughter
commuted; S. s. PONY Starr. AcIn'
tosh county, six years. larceny. com
muted. The FIVE whose writs were
denied are: Robert Davis. Mcintosh
county. FIVE years, larceny; James
Hobbs, Garfield county life sentence
murder; Walter Flowers. Bryan coun
ty. fifteen years, statutory offense: 10.
mas Jones, Atoka county. life sentece
murder, and Joseph Locke, Garvin
county, three years. embezzlement.
Forty-four revocation sorders. pro
posing to nullify as many pardons
paroles and combinations of sen
tences granted last week by Acting
Governor ]. ]. McAlester. were issued
by Governor Lee Cruce.