Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-10
CHAIRMAN HARRINGTON SAYS
COMMITTEE WILL pEcicE
CHARGES ON MERITS
eYsRs' BRIEF SHOWS
$50 OFFICIAL wRoNooolNG
Both Harding and hasner Held to
Have Violated Law in Methods OF
As'de--8yers Holds Governor Re.
eeised No Money From Rathbuns.

Des MONIES, April l'-Ihc mouse
judiciary committee viii meet tonight
to begin its deliberations which will
result in its report to the Legislature
in regard to the Rathbun pardoning.
There will be no compromise" said
Chairman r, p. Harrington yesterday.
Each charge Will hc decided ON its
merits"
This statement from the chairman is
taken by those Interested in the bill to
mean "a fight to the finish" by both
Havuer following.
1t is doubtful. members of the legis-
latLre said yesterday. that the com
mfttee will recommend Impeachment
proceedings against Attorney General
Havner because ne succeeded in send
lng Rathbun, tho Ida Grove rapist to
the penitenfiarF.
II is probable however that the
committee viii recommend impcach-
ment proceedings against Harding fol-
lowing the recommendations of Chief
Counsel Byers.
If there is no compromise II TX an
assured fact that the parchment of
both men Will be discussed on the floor
of the house thru majority and min
GRITTY reports
The house without doubt is a Hay
ner" house. II showed itself in vari-
Gus bills passed in regard to the at
torney generals office.
Unless compromise is made il IS
not likely that the final recommends
ton of the committee VIII be decided
tonight.
Counsel 5yers' Brief.
In the preface TO his brief Chief
Counsel Byers holds that both Cover
nor Harding and Attorney General
Havner were guilty Of violations Of the
law, the former in his way Of grant
ing the Rathbun pardon and the lat
ter IN his compromise agreement
whereby the pardon was set aside and
indictments against Rsthoun and
father and brother and lawyer were
set aside Mr.. Byers brief was
made I'D largely of law citations. The
preface follows.
Without attempting 10 abstract or
quote herein from the evidence to any
great extent it may be said that the
following important facts AMI PROPOSE
lions are fully established by the EVIL
dence and record:
! The pardon in question. because
of fraud and deception used in secur-
ing the same, was void from It's IN =
ception and the district court OF Ida
county upon application by either the
attorney general or county attorney
had ample Jurisdiction and power TO
cancel and set 1t aside upon proof or
the fraud, and order the Defendant
Rathbun committed to the peniten-
tiarv under the Judgment and sentence
Heretofore pronounced by the district
court Of said county.
?. That the only money paid by
William Rathbun, ST.. or any one Tor
him or in behalf of his son Ernest
Rathbun in securing the pardon in
question was paid TO and received by
George H. Clark.
8. That no part OF the money re-
ceived by Clark was ever paid 20 or
received by the governor.
4 The granting Of the pardon in
question under the circumstances, ss
shown in the record and as admitted
by the chief executive in his testi-
mony both as to what he did before
and after the issuance Of the same
amounted to gross abuse Of power and
official misconduct and malfeasance
in office. in this:
(a) When the application for the
pardon question was presented 70
the governor il was at once his duty
TO fully advise himself not only as to
the truth Of the statements made in
the application and accompanying af-
fldavits, but as to whether the grant
ing of the ardon at the time and in