Bisbee daily review., 1914-08-23

dldacy
 "It ls quite true that Che execution Il of iho death sentence upon a mum
 bor of condemned men In the State prison has been stayed by my act Il of repnve. and it is doubtless true | that some may be found who dis
 approve that action But Co charge | that in the staying of these death | sentences ] violated any law of God | or man, in letter or in spirit or was ! in the slightest degree recreant to | my oath of office. is a total absurdity ! On the contrary by following the ! dictates Of my concience | observed l the very life and essence of our States advance and enlightened l Constitution. and did that which any man whose sympathies harmOnize with the principles Of popular gov |ernment upon which that fundamen- tai law was wisely founded. must 1 have done regardless of his views on the subject of capital puishment "lt is true that the statutes provide that the death sentence or. as an alternative, a sentence of life impri sonment may be imposed by a jury, and In contingencies by a court. for either jury or court must impose the death sentence; while whatever the sentence may be. the power in vested | in the governor of the State to sus pend. tighten or altogether abolish
 the same whenever in his judgment
 the ends of justice or the best in- !. terests Of society demand it
 Section 8, Article V. of the State
 Constitution provides, The governor
 shall have power to grant reprieves,
 comutauons, and pardons, after con
 victions. for an ofenses except trea-
 son and cases of impeachment. upon I such conditions and with such re-
 strictions and limitations as may be
 provided by law
 This constitutional authority. si-
 milar to the power Of the President
 in federal cases. is a feature of prac-
 tically every state constitution in the
 union It is a wise and wholesome
 provision and-laying entirely aside
 the psychological. sociological Ques-
 ton which aims to ultimate justice
 and equality for an offenders and sl-
 legged offenders before te law. It Is
 in no respect an Infringement upon the powers and functions of the judi Cial branch of government. but sup plements and strengthens them
 - "It may easily be seen, therefore. . that in staying the sentence Of the ] men standing in the shadow of the 3 gallows at Florence, ] neither viola. ted nor restrained the law. nor disre. 3 garded my oath Of office, but merely 70 exercised the authority given me by l the ConstitutiOn-an authority which 9 -l9l puB 9lBls kIeAs Jo IouIsAoS 6IaAa s ritory in the United States has eXer- cised, with no thought on the part of S anyone that the law was being over g ridden-and that exercised it, not [ by the issuance of pardons or com. | mutations. as | might have done. but d simply by reprieving the condemned 8 It was a most ordinary and usual act e ion. not at all justifying the intemper N ate and excited criticism inspired. in r itiated and encouraged by my poHu
 cal enemies, whose thoughts and mot u ives were far afield from the subject v of law enforcement
 e Nor is there any better ground e for the modified charge that by sus a. pending the condemned mems sen u tences ! violated the spirit of tn, IS law How sad a commentary upor y the heart of the critic who conceives h that the spirit of the law begrudgel n a man condemned to death the doubt lt ful benefits of a period of grace - How pitiful that conception of th,
 spirit of the law which would denl
 to the people of a soverign common
 wealth who proudly boast a system Q Of legislation which leaves the las 1 word with them, the opportunity tt
 voice their approval or disapproval O
 definite, imminent proposal to take
 by so-called legal means. the lives O ts human beings What sanguinar, 10 thoughts must be crowding the mint -a Of the man, and deadening it fl no m. destroying his sense of humanity ant h. of equal justice, who chafes at th h. delay of a grewsOme, odious gallow ,d scene, lawful now. but which ma ,r within a few months be outawed ss He gives me small credit, indeed re but himself much less, who assertg O in believes that my reason for reprie, n. ing the men at Florence was merel ss because ] am personally opposed. b ,b conviction, to the theory and practic is of the state taking human life Wha
 it l did not know that the represents
 tives of the state had always vote
 for a capital punishment law" l a es SO knew, as those who impute to m mn actions improper motives should knor li- that the capital punishment law c it the state, which was willed by tn in territory, did not make the sentenc ld Of death obligatory upon jury. cou at or governor but merely legalized i rd ] knew, too. that by committing tn he sentence of the men at Florence ( m. life imprisonment a mower given m