Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-02
Men who succeed are not magicians
but you will probably find they have a
capacity for hard work. If causes are
created, effects must GOMEZ. ]. Hill
The Pardons Problem.

If information could be compiled show
ing what portion of the time devoted
to the public's business by the Cover
nor and Council is given to pardon
cases" 1t has become the style. and
> the custom of criminals, the moment
they have received sentence to begin
preparation of their cases for pardon.
The Legislative branch of the gov
erHment provides laws for the protec-
2 ton of society and fixes limits of pen
alties tor violation OF these laws
The judicial branch of the govern
ment hears and weighs the evidence OF
violation OF the public laws and APP
plies, with justice and mercy to Of
tenders, the provided penalties.
The pardoning power is Executive
interference with the Legislative laws
and the Judicial application; the over
ruling OF two departments OF govern
nvnt by the other. BY some eXecu-
tives this power has been carried to
extremes that not only lnenaced So
ciety but actually cultivated criminal
tendencies and became a political
power in the hands OF Ahe governor.
Fresh in the minds or this gene.a-
ton are the names OF such pardon
governors as John L. -At5eld of Hi
nois and Cole l.. BleaSe OF South
Carolina.
The general pub!ic's purpose in con-
ferring the pardoning power was to
provide a means for dealing with eX-
ceptional cases where evidence not
available for judicial consideration
had been produced, or where demand
for mercy had especial appeal to the
Executive and his advisers, as in the
case of pitiful effect of confinement
upon the health OF the prisoner And
closely bound thereto is the considera-
ton that imprisonment for violation Of
public laws is not society's revenge but
societys protection.
And right here. to our mind. is the
the Executive-the effect upon the
criminal elements of society of the
pardon. Where shall the line be
drawn that protects society, restraints
criminal tendencies, and holds collec-
tive rights above maudlin sentiment of
individuals?
~, -, rs
confinement as society's protection and
warning to the criminally bent for
the possibility of Executive interfer
ence?
All too often society suffers because
prosecuting officers having secured the
conviction of a criminal, Immediately
abandon all interest in the case; if the
Executive department will listen to the
clamor of the criminals friends with
pretenses of new evidence and ex
tenuating circumstances, there is no
opposition. And thus, in few months
a shrewd, calculating, dangerous in.
dividual of proven criminal tendencies
has professed repentance. a strong de-
sire to live a different life" belief
that he was a victim of circumstances
and prejudice-is released, to victim
ize society and prove to minds Of
criminal leanings that justice is more
or less OF a farce and the people an
s. easy mark
A few days ago group of Augusta
business and professional men were
discussing the increasing number of
pardon applications and pardons
granted. One remarked: Every time
the Governor and Council pardon a
criminal it weakens just that much the
. deterrent effect that mans sentence
has had against other crime. That eff
< feet can hardly be estimated. One
criminal sees another whom he knows
guilty. pardoned, and his fear of pun
tshmsnt is lessened."
The public is beginning to realize the
meaning of the increase of pardons
that criminals have learned to de-
pend on the hope Of pardon.
How long can courts, laws and Of
fcials protect society If sentiment in
individual cases is allowed to detract
from the effect of law and justice,
more and more?
Serious questions are raised by re-
cent pardons in this and other states.
for It is manifest that governors are
often imposed upon because of their
desire to err on the side of individual
Justice" rather than steadfastly re-
fuse to interfere with established
facts. ~