Arizona republican., 1916-04-01
VICTIMS OF !
 REPR|EvES T0
 DIE, DECISION
Rodriguez, Peralta, Perez and Chavez Have Last Door of Escape Closed, When Supreme Court Takes Final Action

Francisco Rodriguez and his three associates, N. B. Chavez. Miguel Pe- ralto and Eduardo Peruz. all under sentence of death in the state prison l for the past four years, had the last possible door of escape closed yester- day, when the state supreme court handed down a decision denying a writ of habeas corpus, appealed from the superior court of Pinal county. 1 The decision was written by Judge R. c. Stanford of the superior court
 of Maricopa county, who took the
 seat of Chief Justice Ross. the lat
 ter being disqualified.
 The case of Rodriguez is used as I>the basis for the entire four. The decisions affecting the other three, all
 refer to the decision denying the writ
 to Rodriguez.
 In the decision, Judge Stanford, af- ter relation of the facts of the
 case, and incidentally telling of the
 seven different reprieves granted the condemned man, states that the ap- pellant submits to the court the fol- lowing:
 "First:-That he has been deprived
 of his life and his liberty without due
 process of law in violation of the
 fourteenth amendment of the Federal Constitution, and the constitution of Arizona, because he was not hanged
 at a time not less than sixty, nor
 more than ninety days from the judg- ment of execution.
 "Second:-That he was placed in jeopardy for his offense when the alignment of death was not executed at time not less than sixty nor more
 than ninety days from the time Of . judgment of conviction; and "Third:-That the death warrant is
 void, for the reason that it is not styI- ed in the name of "The State of Ari zona, as required by section 20 or ar ticIe VI of the constitution of Ari- , zona."
 2 Judge Stanford does not take kindly , l to these contentious on the part of r the plaintiff and states as follows:- |, "T'1e first two contentious were submitted by reason of reprieves Y granted by the Governor of Arizona g In other words appellant is objectine because he was not hanged. While 1 this court has often expressed itsell of a desire to do substantial justice l yet it cannot return the past. What
 we do not understand is why, in view
 of the strenuous objections now made , appellant permitted seven different re. g 1 prieves, extending over such a long . interim, without objection previous te D this one. and why he did not await , $ further reprieve. which he apparently ,. anticipated on the July 30th." S It is then explained that the law
 of this state unlike that of som' Il states does not limit the period tt }, which a reprieve can be granted ant Q as a reprieveo merely postpones thu n execution of judgment for time
 land does and cannot defeat the ul q innate execution of the judgment O n the court, after such a delay the exc S cution would ordinarily take place b, l. reason of the expiration of the tenn 2 porary extension of the orisina
 sentence
 : In conclusion the decision states:- I. "The time fixed for the execution O r judgment in each case. however, hal II passed and the superior court wii II proceed under Par. 1147 of the Pena
 Code, and specify a time for execut
 ing the judgment. "The State Q
 Arizona" will be the style of the orde
 to be made reciting and fixing thu
 time for the execution of the judg
 ment, so that neither of the appel
 Iants can in any way be prejudiced b,
 the alleged informaIity or irregularit,
 in the style of the warrant of execu ton heretofore issued.
 "There is no reversible error and tn
 order or judgment is accordingly af f. firmed.
 n "t appearing that the judgment Q ', death has not been executed, and tha ." the time fixed for the execution there of has passed, it will become the dut
 of the Superior Court in which tn ,s conviction was had, and on applica v v ton of the county attorney of tn
 county in which said conviction wa 1 had, to proceed under the provision of par. 1147 of the Penal Code an specify such time for the executio of said judgment as to said court ma seem meet and proper"
 It will now be necessary to talk 'the four men to the counties in whic