The Columbus weekly courier., 1920-12-10


from pardoning thcm again during
the pcndency OF the case IN the SUI
preme court II was thought that
Tho governor upon HE return from
Mexico City mieht simply give them
new pardons But, according 10
Judge liollomon's statement OF the
breadth Of the permanent inIunc-
ton, the governor is blocked.
Judge liollomon stated that he
wasn't convinced that the governors
pardOnlng power, without the rec
concentration Of the pcnilcniiary
board, was successfully attacked by
Charles CalrOn. Of Calron 4 Cairon.
who represented Captain Edward l..
Saiford. ON whose application the
temporary iniunciion was origin
ally granted. al the hearing which
preceded his decision. he added.
however, that he believed the SUI
prcme court ought 10 pass on the
question and for that reason made
the restraining order permanent.
Appeal u Taken.
Attorney General q. o. Askren.
who, with his assistant Harry s.
Bowman. appeared officially for
Warden Fidel Ortiz. against whom
the order was directed, took an inn
mediate appeal 10 the supreme
court. Mr.. Bowman stated after
ward that the appeal would be- flied
within week. lie said that the
Transcript OF the hearing before
Judge Holloman already had been
ordered and that the supreme court
would be asked TO hear the appeal
al an early date.
The court would not recognize
Carl II. Gilbert Of Renehan 4 Gl-
bert. attorneys for the Villisias. and
Ut course he had no opportunity Ia
make an argument Nillislas wcrc
not a party 10 the suit. Only Cap
tain Stafford. who originally got the
injunction and Warden Ortiz, who
was ordered not 10 release the Vii
llsias by the order were the liti-
ganis.
State Valves Jurisdirtian OnesiInu
The attorney general. DESIRING
that the court look into the govcr-
nor's pardoning power, did not at
Tempt 10 block the inquiry by ques-
uoning the courts Jurisdiction on
The ground thai the ordinary citizen
did moi have the right lo nslilul,
the suit ON the ground that the Vii
listas should be made parties 10 the
action. Had he successfully ques-
toned the courts Jurisdiction ans
inquiry into the legality OF the par
dons would have becn headed OF
This wasn't desired. however. III,
attorney general, by his line Of de-
Tense that he did not care TO pre-.
vent the courts peeriug into IN,
merits Of the case.
Mr.. Catron conlcnded that rvslric.
tion was placed ON the pardoninl
power by an act OF the territorial
legislature which provided that IN,
governor must get the recOmmen.
daiioQ Of the pcnitentlary board be.
fore pardoning any one aud that IN,
state constitution intended that lh,
responsibility should be divided be-
tween the governor aud the pcniten.
tiary board.
Territorial Act Void, Says Askrcn.
Mr.. Askren c0ntended. on the 9th
cr hand. that the territorial ac
was Of no effect because Il stood II
conflict TO the organic act establish
ing the territory and since the ac
was invalid under the territorial
regime, according TO his view, IL wa
not In force under statehood.
Status Of score 0f ParSlons Doubtful
Probably 90 per cent Of the par
dons granted by Governor LARA
lolo have been granted without IN
recommendation OF the peniieciiaI,
board and the status of these par
dons Is doubtful In The event tina
the parion.ng power Is found re-
slrieied and that the boards recon
incubation ls legally necessary.
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