The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-12-30
PARDON POWER

/. CCoRDING to the report of its decision in Tuesdays Herald the
a state supreme court has held, in the ease o. the Vilistas recently
n pardoned by Governor Larrazolo, that 'the governors cousti
tutional pardoning power is absolute and cannot be restricted by any
That being the law it seems to us that it is obviously the duty of
the coming Legislature to submit a constitutional amendment which .Ea
absolute power should be guarded by some wise form OF guiding
authority
The merits of the vHhsta pardons, which the court has held to.
have been within the executive authority, need not now be considered
upon the scope Of the executive authority to pardon and the obvious
possibilities for its mwse use or abuse.
Prior to the Larrazolo administration there had been many ex-
ecntive pardons; far too many in the belief of large numbers of cit
in the use, and as many believe, in the unwise use of the pardoning
power. Public attention had been drawn to this before the Vllistas
public attention.
All over America there has grown up during re'ent years a
tendency toward the ''coddling" OF. criminals, resulting in far too.
murh leniency in dealing with crime itself This view 5 being
widespread discussion of this. crime wave" we find those best quail
to too slow processes Of criminal courts and a too liberal use of the
%pardoning power. Among men actually engaged in suppresing
in his recent address to the Missouri Bar association, when he said;
tGet the criminal and when you get him, keep him"
Fortunately we have had no ''rime wave' in New Mexico and
ar are threatened i with none r our criminal .lai1%d courts nt n, nave ood d~ne' Sa%av er
must inevitably be discounted to a large extent by umwise use or
its DEGREES are not carried out. No restraining fear will be set up in
the mind Of the criminal or in the mind subject to the will of a erin.
inal impulse so long as there is more than a reasonable prospect OF
speedy setting aside Of any punishment imposed by the courts
Because one governor has unwkey used the pafdoning power it
may be said that there is no reason to expect his successors to do so
But what we need to consider now is not the disposition toward the
tfeatmen O1 CRIMINALS Dy some NulVluuh III nay De cNale 10
the executive office his temperament or character; but what is wise
in the way of permanent public policy for the suppression of crime
and the protection of society.
There is a farreaching network of influences that may be
brought to bear upon an executive bearing alone the burden Of the
power to pardon criminals. The intrcacy and power of these inhu-
ences is amazing. There is always the appeal Of sentiment The
mother Of a criminal will never fail to make that appeal Being a
mother she must inevitably believe in the injustice of any sentence
imposed upon her child. Il is an appeal entitled to stand close be-
side justice. To meet and decide this appeal is a terrible burden t..
impose upon one man alone. Other Influences are usually less
worthy. They are often only a trihe less powerful.
In the years to come New Mexico will have governors of varying
temperament and character. There will be those Of stern stuff who
can resist any improper influence. Doubtless there will be others who
may be subject to some of the many influences that may be brought to
bear in behalf of criminals. Governors. come and go, but il is always
against criminals. Up to this time no way has been devised to insure
such protection save in fair trial, just sentence and execution of such
penalties as impose fear of the law upon criminals, that lend con-
fdence in the law to the law abiding and that insure respect for law
from all alike.
The pardOnng power has been so used in our state as to threaten
that wholesome respect Tor the processes of tho law and its DEGREES
upon which we must depend for order and safety, We believe that
a way should be found to prevent a recurrence of such a situation and
at the same time to relieve the conscientious exesutive of the heavy
burden imposed upon him by the undivided responsibility of the par
doning power.
This end might be accomplished by a constitutional amendment
permitting the creation OF parole and pardon commission, its mem
bers perhaps chosen by the courts, wherein all parole and pardon
proceedings must be initiated, and without whose approval no par
don may issue.
nv I FITTED. ANTI NI.IAADCD