Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-10


Interest q public justice anA fsvor-
able or unfavorabie TO the due aMd I'M
partial administration OF the criminal
laws OF the state. and for this purpose
TO avail himself OF every aid and In
strumentality furnished by the laws OF
the state TO secure such Information.
II is without dispute in the record that
the executive not only failed TO meet
this duty but made no effort whatever
to perform the same. thus not only
violating every rule Of official conduct
hut directly violating section Q OF ar
tcle Of the constitution. which pro-
vldes:
He shah take care that the laws
are faithfully executed"
And section 1904 OF the code, which
prov dcs
When any duty is or shall be en-
Joined by law upon any public officer
or upon any person holding any pub
lie trust or employment, every wilful
neglect TO perform such duty, where
no special provision has been made
for the punishment OF such delin-
Qucncy. 70 n misdemeanor."
! (hp Immediately dpon ascertainng
that he had been deceived and misled
! by false and fraudulent representa-
tons in the application for the pardon
in question the duty and obligation
rested upon the governor at once to
Use every means within his power to
have the same cancelled and set aside.
The chief executive not only failed to
! perform this duty but on the contrary
assumed a defiant attitude and at
. tempted to defend all that was done in
granting the pardon: not only this bur
! in a special message delivered at "a
joint session Of the general assembly
the governor dealt in half truths and
failed in that candor and frankness
that the dignity and importance OF his
! Office and position demanded.
! (cl II was the duty of the chief
executive to cooperate with the at
torncy general and the other Law OF
/ tiCers OF the state in the prompt prose-
cUtion of all the persons guilty of the
fraud that was practiccd upon him in
securing the pardon in question and
IN setting the same aside. Instead Of
meeting this duty the chief executive
entered into an unseemly and undlg
nifled personal quarrel with the chief
law officer Of the state. thus bringing
discredit and disgrace upon the fair
name OF Iowa and weakening the con-
hdence and respect OF the people in
the laws and their impartial enforce
ment
| tdb The consent and aCagiescence
| OF the governor to the deal and
agreement under which the indictment
against the Rathbuns and the attor-
ney. George II. Clark, vas TO be sup
pressed and not returned. and he the
chief executive to be relieved from any
further trouble and annoyance and the
whole Rathbun pardon matter to be
dropped amounted to violation upon
the part OF the governor of all the
statutes prohibiting the compromise
and settlement Of criminal cases out
side Of court. as well as the statute
making il crime TO interfere with
the due administration Of the laws Of
| the state.
Havner Held Guilty.
! >. That the conduct of the attorney
general and the methods adopted and
| pursued by him in connection with
the setting aside Of the pardon IN
question amounted 70 gross official
misconduct and was contrary to every
rule OF professional ethics. in this:
Ia 1t was harmful and undignihed
| for the chief law officer OF the state
TO engage in an unseemly personal
| controversy with the chief executive.
| Oh The agreement and arrange
ment under which Ernest Rathbun was
to plead guilty to an indictment for
perjury and to consent to the setting
aside OF his pardon in return for i'm
munity from prosecution and indict-
ment of his father and his brother.
and the prosecution and indictment OF
| his lawyer. George II. Clark. was not
only unprofessional but a plain viola
| ton of every law of impartial Justice
as well as the statutes prohibiting the
compromise Of such criminal proeecu
! tons outside OF court, Which pro-
| vides
| (cJ It was misconduct and malfea-
| sance in office for the attorney general
&c persuade and induce the grand jury
| OF Ida County TO violate their oaths of
office by refusing to present indict
ments against George. n. Clark, VIII
| liam Rathbun, Sr., and William Rath-
bun, Jr., the important part of Which
oath is as follows:
You shall present no person thru
malice. hatred or ill-will, nor leave
| any unpresented thru fear. favor or
affection, or for any reward, or the
promise or hope thereof. but in all
| your presentnents you shall present
the truth, the whole truth and nothing
but the truth, according to the best Of
your skill and understanding.
I'D The Attorney General and his
| helpers induced and persuaded the
! grand jury of Ida county to violate
Section 1866 of the Code, which pro-
vides as follows:
| An indictment should be found
when ali the evidence, taken together,
| is such as in the judgment of the
! grand jury, if unexplained, would war
rant a conviction 10y the trial jury;
| otherwise it should not"
(e) The abandonment Of the pros
! ecutiCns against Ernest Rathbuns rel
! atives and his attorney, George Fl.
| Clark. in the manner they were aban-
| dOned at the request Of the attorney
general and his associates at Ida Grove
! was a violation Of Section 5539 of the
code, which provides as follows:
The court. upon it's own motion or
! the application Of the county attorney
| in the furtherance Of Justice. may or
| der the dismissal of any pending
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