Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1921-12-16

of thiS circuit are within the c0ntfol
of the circuit court and il is your du-
ty to obey the direction Of that conri.
If a pardon is issued 10 Christ. he can,
upon your refusing TO release him. ger
out IL writ of habeaS corpus ana test
the matter. and | desire 10 bring II
70 that Issue. if necessary.
Judge Reid knew that a proceed
inc might even be brought in his own
court. affecting the very matter about
which he privately advised. for he
suggests in his letter Of September II.
last. to Hams Rodd that Mr.. Christ
can get out Il writ of habeaS corpus
and of course writ Of habeas corpus
can only he issued ont Of court Of
this state.
The governor is charged under HE
constitution with taking care that the
laws he faithfully executed. II il i'm,
possible for the governor to discharge
his constitutional duty in amy other
way than through officers responsible
to the governor. \ sheriff Is directly
responsible to the governor as al
agent of the state in executing The
| laws Of the state. and the only way ny
which the governor can enforce that
responsibility is to remove the sheriff
| from office when the sheriff fails t.
carry ont the directions OF the gov
| crnOr. Every order or warrant ISSUED
| by the governor. valid upon its face
and any direction by the governor fail
ana reasonable. must be obeyed by thu
| SheriifS Of the state. The governor is
responsible for the administration u
| the laws to the people. and not TO the
| Shcriffs. In the granting Of pard0nS
! the executive department resolves in
! favor Of the validity OF convictions IN.
! der our laws by the courts. and does
not undertake to pass upon the valid
! ity of Il conviction or sentence. Par.
d0nS are based upon other grounds.
Had Judge. Reid gone upon the
bench after the pardon was granted
and issued the order to show cause
las | have suggested. the executive de-
partment could not and would not
have interfered i'll such proceeding for
| then the proceeding would have been
one for the courts, and NOT for the aN-
ccutive department but when ii Judge
steps down from the bench and be-
comes Il private adviser and Il partisan,
whereby sheriff is placed in jeopardy
Of his office. it then becomes the duty
Of the executive department to vindi-
cate the official trust repOsed in the
executive. in the only manner posi-
BE under the constitution. Neither
the governor nor j .dge Reid had any
power or right to force Peter Christ
to institute proceeding for Il writ If
habeas corpus for his release. as the
Judge suggested Besides. Christ was
Ia poor man with wife and family
who should not be called upon to vim
dictate the official trust repOSed in the
eXccutive and neither could the exec
utive surrender public rights to pri-
vate party
GOV. Blaine then points out that by
the constitution the executive is made
the directing power to maintain law
and order. ShcriffS are one Of the
agencies employed and most desirable in
carrying out the law. He declares that
the constitution gives the governor
power TO remove the sheriff who fails
to obey his duty.
IF sheriff. continued the govern
or is permitted to question every fair
and reasonable direction or any or
der or warrant issued by the governor.
which is valid on its face or fair and
reasonable. then great injury will be
done 10 persons and property while the
sheriff IS challenging responsibility.
1T is admitted by the Sheriff'S return
and upon his own testimony that he
liSregarled and diSOheycd the pardon |
warrant Of the governor. 1t is also adj |
mitted that he. failed to obey The di-
rccti0nS of the governor to discharge
he said Peter Christ from imprison-
nent"
Governor Blaine next takes up the
question as to whether the sheriff act
ld in good faith in disobcying the order
# the governor. He points out that
II his answer Rodd declares that he
Icted upon advice of Charles r. Smith,
H.. and of Judge Reid.
In this connection" continues the |