The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-28
V etoes Parole Bill,
Which He Calls Mis-
leading and Void.
FIRST ORA WIN IN
BEHALF OF ALIENS
Even With Amendment Which
Senate Tackled On, Attorney
General Holds That Measure,
Along With Act of 1904, Is
Observation-Disclosures
ernor's Statement.

On the ground that ii was plainly un-
constitutional. misleading in its title.
and AN improper effort to divert the
10 wcrs OF the executive, Governor
Henry c. Stuart yesterday vetoed SEN
ate bill l42. which authorized the board
OF directors OF the State Pentcntiary
10 parole prisoners after they hnd
served three ycars of their term. In
an extended written opinion, Attorney
General John Garland Pollard not oniv
holds that the bill is unconstitutional
but also holds unconstitutional the act
has relea scd hundreds OF convicts after
they have served one-half OF their SEN
tcnCcS
Drawn to Aid Aliens.
The bill III question. while general in
IT'S application, is alleged to have been
drawn and introduced at the instance
Of the sympathizers Of the Alien our
laws. who hoped in this Indirect way TO
secure the release of those now il, the
liree years out OF terms varying from
eighteen 10 thirtysiX years. The
Jokcr WAS caught in the Senate by
Senator Il. +. Buchanan. OF Smyth
county. who secured adoption Of an
amendment eXcmpting from operation
OF the proposed act those convicted of
murder in the first degree. criminal
assault or highway robbery. Had the
bill been approved the three year
victed OF attempted criminal assault
e'nbezZiemcnt. attempted murder. in
Surrection. treason. perjury, abduction,
arson. betrayal. Kidnapping. bribery,
and TO many other crimes for which
thc statutory punishment varies from
ten to eighteen years in the peniten-
tiary.
Favored by Prison board.
inS pili vas actively supported on
the hoor OF both houses Of the General
Assembly by members of the peniten-
tlafy board, At least one member haV-
ing actively loObied in its behalf be-
lore I,, and after the adoption OF the
Z IiA. f,,-
! ther 10 usurp the powers of the ex-
executice has resulted not only in the
! ul study OF the authorities by the Al
torney-General. leading TO the an
nouncement that the present parole
law under which prisoners are released
condittonally after having served half
OF their terms, IL unconstitutional and
void Since these releases We're made
be valid, IL is believed that they cam
not be questioned. and that those pris-
ohers released cannot he brought back
TO serve out their sentences unless their
paroles are violated. but in the future
under the opinion of the Attorney Cen
eral. only the Governor can pardon,
been sentenced 10 prison for a definite
Governor stuart's Statement.
Governor Stuart issued last night the
following statement:
II have TO-DAY vetoed Senate bill No
442, the title OF which in part is as
I
act entitled an act to authorize the
Governor TO grant conditional pardon.
etc.
considering the provisions of the
bill, the title should have been. An act
TO increase the powers of the board of
directors of the penitcntiary at the en-
pense OF the constitutional powers and
DrcrogatiVcs of the executive The
title OF the act does not. therefore. com
OF the Constitution. which provides
that the object of every act shall be
expressed in its title. This Is in Itself
good ground for veto, but there are
other grounds.
Section 73 OF the Constitution OF
l90l-'02 vests in the Governor the par
held by the courts. including our own
Supreme Court of Appeals. that the
Governor has authority under the Con-
stitution TO grant conditional pardons
to prisoners convicted of felony. pro-
vidcd the conditions annexed TO the
pardon were not impossible, immoral or
illegal
Governor Cites Authorities.
Cooley OF Constitutional Limitations
as TO legislative encroachment upon
executive power:
such powers as are specially con
Governor. or upon any other specified
officer. the Legislature cannot require
or authorize TO be performed by any
those duties which the Constitution re-
quires of him he cannot be excused
by law.
"On the question of the pardoning
power Of the Governor. the Supreme
Court of alabama, i'll interpreting the
Alabama Constitution. which is iden-
power OF the Governor. used the fol-
lowing language:
1T is the settled law that the grant
includes powers TO grant conditional
pardons. the condition to bc either
precedent or subsequent. anh of any
nature, so long rs it is not illegal. inn
nf N
and that breach of the condition
avoids and annuis the pardon
The court then went on TO say:
"'Thc parole OF convict is in the
nature of conditional pardon, ana
within the constitutional grant of tho
pardoning power of the Governor The
conditional, cannot, Of course, be taken
away frcm the executive. nor limited
b. Legislative action. but the General
Assembly may enact laws TO render its
exercise convenient and efficient. Ken
nedy's case. 1875 Mass, 4S:'
1T therefore seems to be settled be-
yond controversy that the generaI
grant of the pardoning power to the
executive includes the power to gram
conditional pardons, which are In ef-
feet paroles.
No exemptions ns First Proposed.
The bill in question confers on the
board of directors, Of the penitentiary
the power to parole Cor pardon condf-
tionally) any prisoner who has serveu
three years of his sentence. except rn
cases of murder rape, highway rob
berry. and breaking and entering in the
ceptions can stand the test OF constI-
tntionallty. then the bill as originally
Introduced. which made no exception pn
the exercise of tho parole power of tho
board. would have been equally cons,i-
tutional. BY tho process of reductio ad
absurtlum the board could he empow-
cred to. exercise tho parole power whore
tho prisoner had served one year, or
six months or one day, no matter. what
crime no had been guilty Of
I'm short, the pardoning power OF