Arizona republican., 1915-12-12
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of Faiths insanity should have been made so near the lime fixed for his execution and that too upon a legal holiday Thanksgiving, made by our Constitution a nonjudiciaI day. In- deed, although the Respondent says in his answer that he called the attention of the county attorney of Pinal coun- ty to his belief of the prisoners in sanity on the 25th of November. this being a legal holiday, rendered i'm possible any action to he taken before the very day set for the execution. Had Faltin but recently been commit ted to the custody of the superintend- ent of the prison, the discovery of his mental un=oundness at so late q date would not cause so much wonder and surprise, but the facts are that Faltin had been in the care. custody and under the observation of the re- spondent almost three years It would seem that at the time the death war rant was delivered to the superintend- ent, to-wit. September 23rd, 1915 he would have had. and the physician of the state prison would have had. ample opportunity to have known whether Faltin was Insane or not. More than sixty days elapsed, after his reception of the death warrant, before the day fixed for the execution thereof. It would appear not unrea- soma ble to expect and require one whose duty 1t was to act in the premises to select a date early enough that the laws mandate might be car ried out. rather than to select date that could have no other effect than to frustrate annul and defeat the laws demands
 of course. it must be understood that mems opinions and wishes can not be substituted and made to take the place of the law; that this is government of laws and not of men and that those persons whom the people have chosen to execute the laws must do so however disagree able or repugnant to their wishes it may he. II is not a jealousy of our processes that calls forth this eNpres- sion but jealousy of the law as it exists. The people and their repre- SentativeS made the laws and their observation and enforcement is the only sure test of loyalty and certain guaranty ot the perpetuity of ouG government.
 The respondent in his answer. and also by counsel who represented him. disavowed any purpose or intent to disobey the order and judgment of the court; that he is guilty of vio- latiOn of the commands and directions of the death warrant issued by this court seems quite certain. We have, however taken into consideration the fact that he is not learned in the law and might, therefore, have miscon- Ceived his duties in the premises, and without any disrespect to the court or tO it's order or to the law, have fallen into the erroI of doing as he did We cannot know the secrets of his heart nor the operations of his mind. We would prefer to err on tlre side of mercy rather than to punish one, the quality of whose guilt is not certainly known to be knowingly dis obedient. Also the well known probity and Veracity of the respondent are elements in his favor. we, therefore, accept the respondents dfsavowal of any intention to disobey the judgment of this court at .ts full measure and give it the force and effect of purgine the contempt. Courts have sometimes accepted disavcwals when satisfied of their sincerity, and discharged the ac- cuscd without the imposition Of any tine or imprisonment
 The respondent, is, therefore, dis charged