Arizona republican., 1916-11-27
Somethinq Unintended


 The people of Arizona the comparatively few who manifested an interest in subject voted by narrow margin abolish the death penalty. They have done something than that without intending to do it. They removed those restrictions which they enthusiastically imposed upon the governor years in the matter of granting pardons. paroles. communications and reprieves. Though it is plain that that has been accomplished it that lawyers without exception had overlooked the effect of the language of the bill It has been brought to their attention by Attorney General Jones. member of board of pardons and paroles who first discovered what had been done
 The power which has been restored to the applies of course only in of murder in the first degree in which there be recommen- dation for pardon. parole, communication reprieve, except upon newly discovered establishing the satisfaction of the members of the board" innocence of the crime for which conviction secured
 the inability of the board make mendaton deprive the governor of his const- tutional power to grant communications pardons. paroles and repreves The constitution provides how that this power may be limited and that what done years ago by the creation of the board of pardons and paroles upon whose recommendation only the governor could act. That power of recom- mendation having been suspended in of murder
 
 We think there was no intention in the prepara- ton of this bill to accomplish what has been done. It is the product awkwardness and ignorance. It would have been better bill had provided instead of mo person shall be recommended for par don" etc, parole. pardon. communication, etc. shall be granted except etc
 No serious harm, suppose. will follow this legislation It hardly be expected that gover- nor would have the foolish hardihood to empty the penitenary murderers by the power thus restored for a few such would result in the imposition of the restrictions which the people have unintenton ally removed. They have been in a humiliat ing the they have been No other state has been obliged to adopt them We think that thir operation for has been sufficiently salutary and that again will it be to guard the people against such abuse of execu- tive authority as provoked these restrictions.
 The episode however furnishes the opponents of popular legislation an argument against it. Any ure whose enactment accomplishes something the people do expect it to accomplish is i'll considered There was no opportunity for consideration after the measure was proposed and there could have been amendment
 It should not. however be accepted argu- against popular rule but argument in favor of remedy for the crudeness of popular legislation have 1t. It points to the need of legislative reference bureau similar corrective measure without which popular legislation will end in failure So long Tom, Dick and Harry prepare initiative and signatures to petitions to place them the ballot, without competent authority to the meaning of them, long will these things happen. legislative reference bureau in this would have altered the bill but it would have pointed the full effect of t that it might have been amended if the authors desired it's amendment the public would have been informed of the char acter of it, in which it would have been defeated
 There discussion of the bill except by those who advocating it's adoption There was nowhere voice raised against the abolition of the death penalty While perhaps large majority of the people not really in favor of it. they willing to give it trial. The Republican advised such a trial but most, if all other newspapers refrained from alluslon to the subject The bill allowed to be- law by default with tact understanding that if it did not work we'll the death penalty would be restored In these circumstances there natur ally inquiry into the details of the bill. It was accepted by it's title