The Lee County journal. (Leesburg, Ga.) 1904-19??, 1915-06-24

QChLn SEubCAAOD W SAN h%PAtSDAT
lnent. for the murder Of Mary Pha.
gan. committed d grave act. Death
is almost preferable to life time
sentence in the pentitiary, but how
few men Of Frank . station in life
ever serve their full term. The Gov
nor should have considered this be-
fore he acted. But that is another
question. We believe that Gov.
Slaton used the power given him
absolutely without one just reason.
The power to cummute punish
ment for crime is conferred or the
Governor by the constitution and
the laws Of the state. But that
power should at all times be exer-
cised with the greatest caution.
1t was not given to upset the YER
diets Of juries unless evidence had
been uncovered that had not exist
ed at the time the jury rendered
its verdict, or tile jury, who are
position to judge better than any
one, and the prosecuting officers,
decide the punishment was too Sc
we're. and ask for Communication.
The Prison Commission is supposed
to be an advisory board to the Gov
ernor, and it is his duty to invar-
iably follow the majority opinion
Of that BODY, otherwise the office
would not have been created. As
none Of the jury asked for commu-
tation, the prosecuting officers OPP
posed and the Prison Commission
in a majority report declared
against it, then it became Mr.. Sla-
toms duty to uphold the decision
rendered by the court.
1t has always been the precedent
in such cases as this one, for the
Governor only to consider in COM
muting death sentence to life inn
prisonment facts that we're not
brought out in thetrial, unless afore-
said reasons inregard to the jury and
prosecuting officers are brought up.
There was no new evidence brought
out in the hearing before the COVER
nor. The reasonable doubt issue
was not for the Governor to consid-
er. The jury, in their verdict con-
condsidered this. The Judge in
charginga jury in a murder trial
always lays stress on the reasonable
DOUBT issues. And the jury's
unanimous verdict Of guilty, with
| the fact that Judge Roam, who tried
| the case, refused the motion for new
trial, should have closed this ave-
nue. Of escaping the death sentence.
Judge Roan's later opinion in re-
CARDS to that point was worthless.
He was then on the brink Of death.
The only other issue that the
governor could have possibly found
| for committing Franks life, was
that spirit Of mob law peryaded
the court room at the time OF
Franks trial, and that the jury
was influenced in their verdict by
this. But Franks lawyers, who
were among the leading counselers
of Georgia. made no protest at the
time ofthe trial, and the fact that
the courts later passed on this
point, should have closed that part
OF the case so far as the governor
was concerned, it not being his
duty to pass upon issues the courts
had already decided. He is not
there to review the trial and points
Involved and base his judgment
against the courts. He is not sup
posed to use methods employed by
rulers in ancient history and allow
himself to follow personal views.
Duty to his state, duty to his pee-
pie, and duty to its laws should
have been his guiding hand. Duty
first, last and always.
Ex-Gov. Brown in his speech OPP
posing communication, hit the mark
when he related his experience in
a case that was before him when he
said: Il asked them if any new
evidence had been found. The
answer was that they only had the
court records. Governor Brown