Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-11-07
The SUSPENDED Sentence.

Judicial inquiry into the powers OF
the governor in connection with the
enforcement of the conditions of a pa
role. seem to emphasize the propriety
of inquiry into the practice of circuit
Judges in suspending sentences during
good behavior.
There is no question OF the power OF
the governor to pardon, commute, re-
prieve or parole, because that power
is specifically provided for in the con-
stitution Of the state. But there is
question as to where the circuit court
gets the power to suspend sentence
during good behavior for, as n matter
of fact. he has no such power except
by usurpation.
In the old days before the struggle
for liberty had attained the eXpedient
of constitutional guarantees, judges
exercised arbitrary authority, subject
to modification only by the sovereign
from whom they derived their powers;
but when, under the republican form
of government, the people began TO
assert their own sovereignty, all arbi-
trary powers of whatever nature were
abolished, except in such cases as
these powers were specifically dele
gated.
1t has been found wise and proper
to delegate certain arbitrary. powers
! to the chief eXecutive-tor instance,
the right to pardon, reprieve and pa
role. No republican constitution has
ever authorized such arbitrary power
| on the part of the judiciary, and the
main justification for its delegation to
the governor is a means of correct
ing judicial errors which might other
wise be of tragic consequence.
1t is not uncommon-indeed, it is
common, for judges after pro-
nouncing sentence prescribed by stat
ute, to nullify that sentence by sus-
pension during good behavior, and this
without making any provision what
ever for enforcement of the sentence
in case of violation of the implied con-
tract.
We have not at hand the records
that would justify us in saying that
no suspended sentence is ever enforC :
ed; but we do say on positive personal
knowledge, there have been, right here
in York county, cases where presiding
/ ;,,lo.o, m Tho enor;D,,c ,,lao. /. of nnjd
attorneys have on condition of good
behavior, suspended the sentences cf
offenders convicted of the most fla
grant crimes, and then, after the most
notorious violation of the terms of
the suspension, even to subsequent ar
raignment and conviction Cor repeti-
! ton Of the same crimes. no further
cognizance would be taken of the
original offensc.
In cases like this the public is amaZ-
ed, and at loss to understand. But
the explanation is quite easy. The
court had no right to suspend the SEN
tence in the first place, and of course
there is no legal machinery for viola
ton of the terms of the suspension.
If it is granted, for the sake of ar
gument, that the court has the right
or power TO suspend sentence on
conditions then, upon the violation Of
those conditions, it would be up to the
governor as the law enforcing power
to apply the penalties. But since the
effect of the judges sentence has been
to turn the offender loose, the govern
or is left without jurisdiction.
AS we see it, any way we take it,
this custom of the judges in cXercis-
ing the right of suspending sentence,
is n serious abuse of the constitution,
and therefore an infringement on the
sovereign rights of the people, there
should he specific regulation of the
matter by statute.