The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-08-03
SCORES WILSON FOR
PARDON OF DR.. KEMP
Minority Report to House
Questions the Right to
Act Secretly.
vOLSTEAD HINTS AT FRAUD
Says That II President Was I'm
posed Upon Reprieve Can
BE Made Void.

WAsHINoroN. Aug. "A full discus
sion seems TO be assured In tho House OF
the case of DIR. Thomas J. Kemp, son-in-
law OF Senator Duncan U. Fletcher Of
Florida, convicted OF sending information
through he mail az 90 where illegal oper-
ations might be performed and whose
prison sentence was commuted TO a fine
by President Wilson. Tho case has
been brought to tho attention OF the
House by two reports from the Committee
on the Judiciary calling on the President
to forward to the House all the papers
bearing on tho Communication Of the
Kemp sentence.
The majority report prepared by Rep
resentatiye Webb OF North Carolina,
chairman Of the committee. recommends
that tho resolution of inquiry be laid on
tho table. Mr.. Webb made the argument
that the powers of the President in
granting pardons is derived from the Con-
stitution. that II Is unlimited. rests
entirely within his discretion and cannot
BE- controlled. limited or regulated by
Congress-"
An entirely contrary view OF the matter
Is expressed In the minority report pro
pared by Representative Volstead of Min
neeota. the ranking Republican member OF
the committee. Mr.. Volstsad said that
either house of Congress has tho right to
call upon the President for information
concerning q pardon case.
Asks Reason for Concealment.
Relative TO the Kemp case MIR. VOL
stead said:
why should he 1.-THE Prcsidcntl con-
ceal this application and thus deprive tho
parties who may be aegrieved from an
opportunity TO establiSh. II II be true.
that the pardon was obtained frsudu-
lenty? Every consideration OF Justice
would demand that publicity be given to
this and ell applications OF this kind
IF this pardon WAS obtained through
false and fraudulent repre- san tations It IL
void. or. to speak more accurately. void
able. There ia, however. no way OF
establishing that fact unless the applica.
ton upon which II WAS obtained can be
secured
"A court alone oan declare II void, but
IL cannot declare II void without evil
dence. Why should not tho President be
asked to make public this application 10
that the facts upon which he acted may
be known?
Can any admin 81 ration under the bald
claim of autocratic power afford 10 hide
a public record upon which II has acted
officially and thus treat with contempt the
representatives Of people asking in a re-
spectful manner for this record? The ma
tority report Ia a humiiiatins surrender
| 40 ~Art.A IL I-I g.. -. -
House. and the resolution OF inquiry
should pass.
Believes II IL q Precedent.
at is clear from the very nature Of the
powers entrusted by the Constitution 10
the two houses of Congress that either
house must have at all times the right
to know all that officially exists or takes
place In any OF the departments OF the
Government. Until now there was scarcely
| an instance of refusal by the head OF a
department, or even the President him.
SELF TO communicate official facts 10 either
house when Internationally demanded.
Discussing the power of the Presiden,
TO grant pardons Mr.. Volstead said:
This power should temper Justice with
mercy. but II 1t is used TO break down
the prison bars>o turn loose upon society
! those who prey upon the weak and help
OF mercy, but OF cruel injustice. Against
such a course ! doubt not the power oil
Congress TO interpose.'
Mr.. Voistead made the statement thai
II Is important that Congress shall know
the methods pursued In granting pardons
on this point he continued:
do these methods tend to mislead tn,
| Executive7 Is II necessary that in tn,
public interest some law should be passed
to guard this great power from abus,
through improper influences incompe
tent, false and misleading statements?
'Pitiless publicity Is the great safe
guard against tho abuse OF power"