Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-01-21


moral exercise we reproduce par
OF the opinion referred to. and rec
ommend its careful perusal by ou
readers. In its syllabus. the Okla
homa court says:
NO official OF Oklahoma has tn,
shadow OF a right to set aside o.
disregard the laws OF this State. a!
a matter OF within or caprice. Off
Gals should set an example O
obedience TO law. If they disregard
the law, how can they blame the
people for taking the law into Their
own hands? The governor is with
out the lawful right to set aside
and nullify the law inilicting the
death penalty for crime in all cases
upon the ground that he is opposed
to capital punishment"
Discussing the subject further in
the body of the decision, the court
says:
ut Is a matter known to all per
sons of common intelligence in the
State of Oklahoma that the gov
ernor takes the position that legal
executions are Judicial murder; and
that he refuses to permit them to
be carried into effect upon the
ground that he would thereby be-
come a party thereto. AS tins is
capital conviction and as the
governors action presents an abso-
lutte bar to the enforcement of the
law OF Oklahoma we cannot. without
failure to discharge our duty, omit
TO take judicial notice OF and pass
upon this position OF the governor,
as unpleasant as it is for us to do
so. If we remained silent. the gov
ernor and the people would have
right to think that We acquiesced
in this position ne has assumed.
There is no provision of law n
Oklahoma which requires the gov
ernor to approve a verdict assessing
the death penalty before it can be
executed. His duty with reference
to such verdicts is negative and not
affirmative. He has nothing what
ever to do with them. unless he may
be satisfied that an injustice has
been done in an individual case;
then he may commute the sentence
or pardon the offender; but this
can only be done upon the ground
that, upon the facts presented, the
defendant was a fit subject for exc
cutive clemency, and that an excep-
ton should be made in his favor as
against the general rule OF law.
1T is not true that when a de
PENDANT is executed according to law
the governor is in any way respon
sible therefor. The execution takes
place in obedience TO law and nor
because the governor orders it; and .
the governor has not shadow OF
legal or moral right to interfere with
The law, unless ne can say upon his
official oath that special reasons, ap- /
Dlicable alone to the given case be-
lore him, justify such action. The
governors alleged conscientious
,cruples with reference to the infiic-
ion of capital punishment cannot
awfully justify his action in a
wholesale Communication OF death pen
lltics. The governor has no legisla
i've powers at all; he can neither
,nact nor repeal laws either directly
or indirectly which he does attempt
o do when he sets aside the death
penalty in all murder cases. The
aw recognizes the fact that some
rood men are honestly opposed TO ,
he infliction of capital punishment.
,ut it prohibits such persons from
,assing upon this question. The law
5 as follows: II the oftensc
harged be punishable with death. 1
he entertaining OF such conscien- {
ious opinions as would preclude MS
hiding the defendant guilty, in which
ase he shall neither be permitted
Tor compelled to serve as juror
This provision OF law precludcs the
governor from committing Il death i
,enalty. in single case. upon the {
round OF his alleged conscientious
cruples. So it is seen that he IS |
lot only not compelled to approve
UGH Il verdict, but that he is posi- {
lively forbidden by law to allow his ;
cruples to influence him in the least {
n his action. 1t would indeed be an i
die thing for the legislature to en- c
Ct law and then make its execn-
ion depend upon the whim or ca i
rice OF any juror or governor. II I
he governors position is correct q
hen we do not have government i
( law in Oklahoma. but a govern d
lent OF men only. If 1t were neces- '
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