The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-10-07
Smith TELLS WHY
Governors Executive Clerk Ex-
plains Stalnaker Parole.
Declares Action Followed Most
Thorough Inquiry.

Judge c. w. Smith. executive clerk
in the office of Governor Capper, to-
day explained the granting of a parole
to Wayne K. Stalnaker- 1t was be-
cause of the Stalnaker parole that
Senator James A. Troutman,, chairman
of the Botkin investigating commit
tee, criticised the governor and de-
clared his action was indefensibie.
Stalnaker'S case was one of the mat
ters investigated in the Botkin hear
ing. He was used as a witness against
Botkin and it was charged that ne had
received special favors. Within two
weeks after the hearing, Stalnaker
was paroIed. Explaining the govern
or's action today, Judge Smith said:
For this act I assume my share of
responsibility. 1t is always gratifying
for one to have the good opinion and
commentator of ores friends in all
his acts. Criticism by friends is not
objected to, though the criticism may
hurt. Passionate criticism is not al
ways just. 1t is said the act of pa
rolling Stalnak er is wholly unjustified.
If he committed a crime for which
there is no forgiveness under either
divine or human law, this statement
is true; but if the plan Of Christian
forgiveness leaves an open door
through which he may enter into
realm OF mercy, the act may be de-
Tended. Stalnaker was sentenced for
an attempt to commit a heinous Of
and a half years, and counting good
time given him by the law, he served
more than five years. This is longer
than any other guilty of the same Of
tense had served, and more than three
times as long as the average recent
service for Uhe same crime This gave
opportunity to charge discrimination
and persecution. One of the elements
of the successful carrying out of the
parole law, is apparent fairne SIS in adj
ST Grin IN in
deciding the parole. The decision re-
fleets in no way upon the acts of the
commission that investigated MI. Bot
kin as warden; Governor Hodges had
given Stalnaker a temporary parole.
| He had been ordered to return to the
penitentiary. When he reached Kan
sas City, Mo-, on his return to Lans-
| ing, a lawyer induced him to permit
| habeaS corpus proceedings to be be-
| gun for his release. Stalnaker did
| wrong in this-but was the door of
pardon to be shut against him for it 4?
| The commission did not assume to de-
| termiEe his right to be paroled by
| any governor in the future, but only
whether Mr.. Botl<in was to be con-
| demned for Obstructing Governor
| Hodges order commanding mis- re-
| turn
"Mr. Stalnaker belongs to an Old
| family in West Virginia, of high stand
ing, as shown by letters from lawyers,
J judges, ex-governorS and church dig
nitaries in that state. This of course
| does not justify him in what he did,
but it does have part in determining
| the question of parole. His parents
wanted him to come to them in West
Virginia and he wanted to go, so he
was paroled to them. 1t is intimated
| that the govern = was imposed upon
| in procuring his parole. If by this is
meant that he was induced to grant 1t
by trick or fraud, the implication IS
denied. No application for parole has
received more thorough investigation
| both by the governor and myself. II
has had serious consideration for more
than six months. Notice was published
in the city where the crime was com
mitted, that application for his parole
had been made and inviting any ono
to offer objections. No serious oppo-