Arizona republican., 1915-03-15
Judge Baughn's Opinion Upholding the New Board of PardOns and Paroles is Filed in the Supreme Court
GOVERNORS POWER
 MAY BE MODIFIED
Law-making Branch of Gov ernment May Impose Re- strictiOns and Limitations on Pardonine Power, But Not Csulp It

of the superior court of Pinal county. upholding the new pardon board, and dismissins the petition of Knox Laird for release from the state prison on an unconditional pardon rom Gov.
 Hunt was filed Saturday in the su preme court.
 The case on which the statute of the parole board and the free exercise of the governor's pardoning power de- bends is now pending in the supreme court. The full text of Judge Baughns decision follows:
 IN THE SUPERIOR COURT OF
 FINAL COUNTY, STATE
 OF ARIZONA
 In the matter of the Application of Knox Laird for writ of Habeas Cor
 pus DECISION:
 This cause comes before the court on the Application of the petitioner Knox Laird, for a writ of Habeas Cor pus.
 The petition of applicant was pre- scented to the Hon. D. L. Cunningham q member of the Supreme Court who signed the order directing that a writ of habeas corpus be issued by the Clerk Of this Court the said writ be- ing directed to Robert E. Sims. superin- tendent of the State Prison, and made returnable before this Court Accord ingly the writ was issued by the Clerk on the sth day of March. 1915. and the said petition, order. writ. and re- turn of the respondent, together with petitioners demurrer to the return and stipulation, signed by the Attorney General and the attorney for petition
 CT. that the respondent may not be required to actually produce the body of the petitioner before the court at the hearing were filed with the Clerk of this Court on the said Sth day of March, 1915. Oral arguments were made to the Court on the Eth day of March. 1915. by respective counsel and the cause submitted to the Court for it's consideration and decision. The petition of the applicant. Knox Laird. shows that he was convicted of murder and sentenced to the State
 Prison from Gila County to serve term therein. Of not less than ten years, commencing September 18th, 1913;
 that on the 25th day of February, 1915,
 the Governor issued to him an uncon-
 ditional and absolute pardon which he accepted: that the respondent. Robert
 B. Sims refuses to recognize the said pardon, whereupon petitioner makes
 this application for writ of habeas corpus to secure his liberty.
 | ha nf ha
 the facts of the applicants conviction and sentence and states that no appli- ; cation for a pardon having been made
 or referred to the Board of Pardons and Paroles as provided for in Title 21 of 1 the Penal Code of Arizona, 1913, and no such pardon having been recom-
 mended by said Board, respectfully submits that the said pardon is invalid and entitled to no recognition at his | hands Respondent admits that if said pardon is valid and effectual the inn | prisonment and detention of said peti- tioner is illegal. To this return peti tioner demurs on the ground that the same is insufficient in law.
 | Tine pleadings squarely present the consttutionality of Title 2l of the Pen
 al Code of Arizona. 1913. "Pardons and Reprieves". The some being portion | of House Bill No. 1, Third Special Ses- sion of the First Legislature of the State of Arizona, which was passed over the Governors veto in both houses Of the legislature and referred to the people under the Referendum at the general election November 3rd, 1914.
 and which Title was duly ratified and passed by vote of the people. 1 Title 21 of the Penal Code, supra states section 1297 that: "The Governor | has power to grant reprieves, commit
 tations. and pardons, after conviction. l for all offenses except treason and
 cases Of impeachment. upon such con
 ditiOns and with such restrictions and l limitations as he may think proper. subject to the regulations provided in this chapter in Sec. 1901 it provides for the establishment of a Board of Pardons and Paroles to consist of the State Superintendent of Public InStruc- tion the Attorney General, and a chair
 man to be selected by these two. This 1 Board. in Sec 1902. is given power l Io llTSt pass upOn anu lt'oniultilu It- prieves, communications, paroles and pardons before the same may be grant
 ed by the Governor.
 Counsel for petitioner contends that
 the said Title 21 of the Penal Code of Arizona, supra. is unconstitutional
 as an encroachment upon the consti-
 tutional power Of the Governor to grant pardons. reprieves and communications
 set out in Section !. Article of our ! constitution, as follows: '"The Govern (Continued on Page Eight