Evening capital news. (Boise, Idaho) 1901-1927, 1917-01-03
Board Of Pardons Rescinds
Action Taken by Former
Board Fixing Term at the
Minimum of Two and One
half Years.
VIOLATION OF OWN
RULES IS ALLEGED
Resolution Is Adopted by
Unanimous Vote of the
New Board--Action Taken
at Meeting on Other APP
plications for Pardons.

Fred NJ. Coleman. former deputy
state treasurer, incarcerated In the
etats penitentiary for embezziing $22,-
600 state funds, will not be liberated In
February, for the new state board OF
pardons at a meeting today rescinded
the action Of the old board taken just
before the end OF the year, fixing his
sentence At the minimum, two and
half years.
Tho new board, composed Of Cow
brnor Alexander, Attorney General T.
A. walters and Secretary of State w.
r. Dougherty, held that the old board
had violated one of its own rules. by
considering an application for pardon
In behalf of Coleman before six months
had elapsed, and Disseminated in his
favor. The only member of the old
board who voted against fixing Cole
mans sentence was the governor The
other board members, ]. H. Peter
son and George r. Barker, voted for
It. They took this action after they
had denied Coleman a pardon.
GO TO SUPREME COURT.
Immediately after converting in the
first regular, quarterly session Of the
new year, the present board this
morning took up the Coleman case.
Governor Alexander presented reso-
luton which the board adopted. By
its action the board places the Cole
man case just where it was before the
old board acted. At the time action
was taken Coleman was advertising
for a pardon, expecting the application
to come before the board at the regu-
lar quarterly meeting, which would
80 Itu ott r.
McClear. APPEARED before the board
this afternoon. He made an extended
argument in Coleman's behalf 1t was
intimated about the statehouse today
that an appeal from the action Of the
new board of pardons may be taken to
the supreme court OF the state to de-
termine the right of the new board to
rescind the action of an old board.
GRANT CONDITIONAL PARDON.
But one conditional pardon was
granted by the board. 1t went to ].
3. HinkIey sentenced from Ada county
for forgery, who was pardoned on con-
dition that he return to Utah and sup
port his wife. Sentence of the follow
ing applicants were fixed:
H. p. Davis. one year; James Pap
pas, IS months. Antoine Anderson. one
year: H. H. JONES' one year.
Applications were continued as fol-
lows: Louis Irley, r. III. Prettyman,
Charles Breach, Maggie Aycox, ]. w.
Owen.
Applications were denied as follows:
B. R. viety, John Louma- j. C. Nc
Intosh.
RESOLUTION PRESENTED.
The following is the resolution pre-
sented to the board by Governor
Alexander, on which the board acted
In resembling the action of the old
board in the Coleman case:
Whereas, BY the laws of the state
of Idaho, the board of pardons meets
on the first Wednesday of each Janu-
hry. April. July and October, and;
Whereas, 1t has been the rule of the
board of pardons that all applications
made for pardon, Communication of SEN
tence or clemency of all kinds coming
before said board that after complying
with the law, they should be filed at
least three days before said board con-
venes in regular session, and;
Whereas, At the meeting held by
the said board of pardons on Jan. 6,
1916. recorded on page 4Ss of the min
ute book OF said board, the following
resolution was passed:
pardon has been denied, the applicant
shall not file with this board another
application for pardon for a period of
six months thereafter: and.
Whereas, That one prisoner, Fred
M. Coleman, filed an application for
pardon at the July 6, 1915 meeting with
said board. and
Whereas, On July II, 1916, on page
AS of the minute books of said board,
said application of Fred M. Coleman
was denied by unanimous vote. and
Whereas. At the meeting of the
board of pardons in Oct, 1916. said
Fred NJ. Coleman ha1 no application
for pardon, and
whereas, Said Fred M. Coleman,
under the rules of the board, could not
make application for pardon until the
January meeting of the board in jan,
1917, and
CONTRARY TO BOARD RULES.
Whereas, Said Fred M. Coleman adj
vertised in newspaper published in
Ada county his application for par
don, dated Nov. 10. 1916, which notice.
as well as application could not have
gone before the board until the meeting
In JAM, 1917, and
whereas, At meeting on Dec. 81,
1915, which was an adjourned meeting
of the board for the purpose of dispos-
ing of the unfinished business of the
board, and only said application of said
Fred NJ Coleman was taken up, con-
trary to the rules of the board. and
said application was objected to by one