The Clayton news. (Clayton, N.M.) 19??-1954, 1921-01-01
\ N.LLISTAS PARDONS LEAGAL IN
OPINION OF SUPREME COURT
So Is Re-arrest on New Charges by
Luna County Officials and Bandits
Still Languish in Penitentiary.

Luna County Officials and Bandits
SHll Languish in Penitentiary.
Santa Fe. Dec 2S-The pardons
granted the Nillistas were valid, but
the arrest of the men at the peni-
tentiary, before they could be re-
leased under the pardOns, also was
valid. So the supreme court held to-
day in its decision in the habeas
corpus proceedings instituted for
tle purpose of bringing about the
release of the sixteen followers of
pancho Villa
AS the result tie Villistas al
though legally pardoned remain in
the penitentiary as prisoners com
mitted TO the institution for safe
keeping pending their being brought
TO trial Oh fresh charges founded ON
the raid by Villas band on the town
OF Columbus. n. VI.
The. decision, written by Cmlef
Justice Frank w. Parker, contains
statements susceptible TO interpre-
tatiOn as direct shOts at Governor
1 arrazOlO for paTdoning the Willis
tas. I'm one place it says that had
the petitioners been members of the
army of any recognized government
in Mexico, the episode undoubtedly
would have furnished ample ground
for war with our neighbOring repub-
lie
It. was the governors contention
that the Nillistas were entitled to
the status Of regularly organized
soldiers. He so stated in granting
the pardOns.
In the decision Villa is called
''notOriOus bandit and the pardoned
# "a hand
of Mexicans' who "killed a number
of our citizens without conceivable
cause or prOVOCatiOn Later they
are referred TO as members of a
company OF bandits" The decision
further says they were not entitled
to the consideration or protection
from criminal prosecution accorded
to members of a recognized military
organization.
The governors pardOning power
is held absolute. The opinion says:
There may be regulations by law
: of the manner of its exercise. but
NJlge ultimate power and right TO
pardon is granted unreslralned by
any conditions other than the con-
science and wisdom and sense of
public duty of the governor No 9TH
er board or person is TO be consulted
nor is their approval to be obtained
The decision rests solely with the
executive
The decision briefly indicates that
by reason Of the wording Of the
constitutional provision giving the
governor the pardoning power that
power can not be restricted by any
legislative act.
The official statement of the case
and the syllabus follow:
In Re Application of Ramon Busti-
Hos, ct al, for Writ of Habeas Cor
pus:
This is a pelilion fOr a writ of Ha-
heas Corpus by the above named
petitioners 16 in number commonly
known and designated as the Willis
tas." They derived this designated
from the commonly reputcd fact
that they were members of a ma
rauding band of MeXicans, who, un-
der the leadership Of one Francisco
Villa, the notorious bandit OF Mex
d, leo. crossed the international bonn-
dary line on March 2, 1916. and at
lacked the town of Columbus III
Luna county in this state, ana killed
a number of our citizens without
any conceivable cause or proNoca-
ton. The petitioners were captured
and plead guilty to the crime OF
murder and were sentenced To the
penitentiary for term OF their ma
taural lives. All Of the petitioner,
. were confined in the penitentlaIy al
Santa Fa under their respective SEN
fences until November p, 1920. Wher
Hon. o. A. LarraZOlO, governor OF
the state, issued to each OF them al
unconditional pardon for Ihen
crimes.
An Injunction suit was brought II
the district court, the district cour
making the jBinnction permaneIi
until such hEle as application tQl
pardon shotild be made to the penl-
tentiaPy commissioners. From tnl'
Judgment an appeal was granted bu
the case is not before the court
After the issuance OF SAID pardon'
. the governor left the state ana th'
eutenant-governOr, Hon. b. +. Pan
key acting as governor ordered thl
Superiniendent of the penltenbarl
io hold the said prisoners until fur
Z ther orders of the executive OF TN
state or of the courts.
The petition for the writ recite
upon information and belief lha
the superintendent of the penitenti
airy was refusing no give the peti
fioners their liberty on account o
the decree Of the Injunction suit
The return Go the writ recites tina
the petitinners are held and RESTRAIN
ed their liberty by reason Of com
mitmenfs issued BY the distric
court Of Luna county m pursuance
Of the sentence Of ihe court as q
.al the petitioners, except one anl