Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-04-01
PRESIDENT TO KEEP
MANY FROM PRISON
Executive to Exercise Clem-
ency in Thousands of Cases
of Suspended Sentences.
NULLIFIED BY HIGH COURT

Attorney General Gregory announced
exercise executive clemency in 4 large
number of federal prosecutions where
suspension of sentence has been nulli-
fid by the Supreme Courts recent opin-
ion holding such suspensions illegal.
The number who will receive pardons
or combinations under the ruling prob
ably will run into the thousands. Many
Of them have been at liberty for long
periods. and the President is under
stood to feel that the new business and
personal relations they have been per-
mitted to build up because of clemency
by the courts should not be broken
down. Under the Supreme Court opin-
ion all of them would have been COM
PEELED. but for the Presidents interven-
ton, to return to custody.
Mr.. Gregory's Statement.
Attorney General Gregory issued this
statement:
THE Supreme Court on December 4.
1916. without any dissent, in the case
Of ex parte United States. petitioner
(the Killits case), decided that United
States district judges had no power to
suspend the imposition of sentence or
the execution of sentence, except for
the purpose of disposing of judicial
questions. Only portion of the dis
trict judges claimed the right to exer-
else such a power. and the killits case
was instituted by the government for
the purpose of settling the question and
obtaining uniformity in the admins
tration Of the criminal laws.
These results having been accom-
plished. the Department of Justice has
been procuring from the United States
district attorneys lists of cases in which
pronouncement or execution of SEN
tence has been suspended contrary to
the rule laid down by the Supreme
Court. There are more than 5000 of
these cases. and it has become neces-
sary to adopt general policy in deal
ing with them.
Divided Into Groups.
THE cases are being divided into
three groups:
"(1) Those in which the sentence
imposed was less than the period be-
tween the date of imposition and June
Is, 1917 (this being about the date on
which the mandate in the Killits case
will be sent down from the Supreme
Court.
..(2) tCases in which pleas of guilty
were entered or Herdicts of guilty re-
turned prior to June Is. 1916. and in
which no sentence was pronounced.
"(3) Remaining cases.
Except in very unusual instances
the President will. without applica-
tions being made, close the cases fall
ing within the first and second groups
by the exercise of clemency.
The third group will probably con-
sist of a comparatively small number
of cases. which will be disposed Of on
their merits. and a determination
reached as to whether sentences Will
be enforced or executive clemency rec
commended. If necessary. a general
respite of six months from June Is.
1917, will be issued 10 defendants in
this group to secure adequate consid-
Grafton of the facts.
"A circular is being sent to the Unit
ed States district attorneys, explain
ing the policy to be pursued and in
structing them to take no steps to Sc
cure enforcement of sentences in cases
falling in groups l and 2, and to
await the action of the department be-
fore taking any such steps as to cases
falling in group 3"