Evening capital news. (Boise, Idaho) 1901-1927, 1917-02-22
COLEMAN FREE; PRISON GATES,
OPEN AT WORD OF The COURT

I'm page two.)
Is committed by the constitution of the
state. 1t Is assumed that the two
members Of the board who voted for
Communication were actuated by good
motives and by what appealed to them
to be good reasons. II Is assumed that
the same was true of the one member
of the first board who dissented and
of the members of the second board
who attempted to rescind the former
action. No consideration as to wheth-
er the Judgment exercised by the
board was good or bad or was or waE
not in accordance with sound public
policy can be allowed to influence the
judgment OF the court In this case. The
prisoner is entitled to have his case
decided according to the constitutional
and statutory provisions applicable to
the class of cases. OF which this Ia one
said provisions Of law to be applied to
the concrete facts shown in the record
without regard to personality"
The decision then takes up seriatim
the points involved. The first Is as
to the validity OF the Communication. II
Is held that the board has a right I'M
der the constitution to grant commu-
tations and to formulate it's own rules
and regulations.
As to the objection that the
board had no legal right to grant
the Communication because it violat-
ed one Of it's own rules, the court
holds that 1.-The vote by which the
Communication was granted in dis
regard Of the rule was ajority
of the board as prescribed by the
constitution and was also a two
thirds vote. conclude that the
board suspended the rule by it's
action and that il had the power
to do so.
"lf a state legislature or a ma
tional congress should disregard
one Of its rules, | do not think It
could be successfully maintained
in the courts that the statute
passed was invalid If it complied
with all express constitutional and
statutory provisions"
The Judge holds, with relation to the
objection that the notice of application
for clemency was not legal, that II
and that "the states contention Is toe
technical"
The decision goes at length into the
contention Of the state that the COM
mutation was not valid because no GER
tifcate was issued, and holds that the
failure or the refusal of the chairman
or secretary of the board to sign the
certificate would not invalidate the
communication.
REVOCATION BY NEW BOARD.
AS to the action of the new board IN
revoking the communication, the decision
says:
The undisputed rule seems to hi
that when u pardon or Communication
has become effective 1t cannot be re-
voked unless 1t was granted on condi-
lions subsequent and those conditions
have been violated 1t is held by tn,
weight OF authority in states where the
governor has the pardoning power and
where that power Ii exercised by his
execution of a written pardon that tho
pardon does not become effective until
it has been signed, delivered and ac-
cepted.
The act of delivering the written
pardon is regarded as the act whlc,
makes 1t effective, just as the act OF de-
livering a written deed perfects a con
veyance. So far as acceptance Is con-
cerned the only reason for requiring II
seems to be that, In case Of cond!-
tional pardon, where the conditions inn
posed burden on the defendant he Is
not bound to accept the conditions and
Ia "a. 10.
does. The same reason would not seem
to apply to an absolute pardon. In
fact it would seem foolish to hold thu,
prisoner, by refusing an absolute and
unconditional pardon, could force tn,
state TO continue to support him In
prison. Still the authorities seem &c
hold that. when a prisoner has applied
for clemency and II has been extended
to him without any burdensome con
ditions, his acceptance lis presumed In
the absence of evidence to the contrary
ut Is also held that in case Of q com
mutation. no acceptance lis necessary
because it Is simply substitution oil
a lesser for greater punishment, car
fies no burdensomc conditions, and II
necessarily beneficial to the defendant
iis dpDshlS u me us
sound. and | hold that no acceptance
is necessary to make a Communication eff
fective. II the other view should be
taken should conclude under the
circumstances Of this case that accep-
lance was implied"
WHEN COMPUTATION EFFECTIVE
considering the constitutional and
statutory provisions of this state
enumerated above. II seems to me that
the Communication becomes legally eff
fective when majority Of the board
takes favorable action and the decis-
ion is reduced to writing and filed with,
the secretary Of state as provided by
the constitution. The Communication
then becomes effective subject to re-
vocation only II IT is granted on condi-
tions subsequent which are afterwards
broken, ] hold that the direction to
the warden and the certificate to the
prisoner are simply evidence of the act