The New York herald., 1922-01-20
FAST CLIP CAUSES
Crime, Says MILLER
Everybody Wants an Orches-
ira Seat; All Shun Gal
lery, He Adds.
PROHIBITION ONE REASON
Finds Automobiles and War
Aftermath Main Factors
in Lawlcss Wave.
Special Dispatch to THE NEW York HERALD
New York Herald Bureau.
Alhany Ian {


New York Herald Bureau.
Albany, Jan. 10.
Gov. Miller gave his views on the
prevalence Of crime throughout the
country and its causes during a dis
cussion this afternoon of the matter
of dealing with lawbreakers.
There are many causes of the
crime wave" the Governor said. PRO
hibition is one, but not one of the
main causes. Disrespect of the law
that it has bred, greatest among peo-
pie who need most the protection OF
the law. has had undoubtedly bad
effect
II suppose the war had something
to do with it. OF course the auto
mobile has had a tremendous inhu-
ence, because it makes it so easy to
commit crime and get away.
1--WE are living at a pretty fast clip
and there are people who like to get
the means OF living easily and quickly.
Every one wants to occupy an or
chestra seat in life, none wants to
sit in the gallery"
The Governor astonished the Senate
to-day by sending in a formal report
stating what use he had made OF his
executive power of pardon and granting
reprieves This showed that he had
given only two pardons, three repreves
and twelve combinations of sentence in
1921. Not IL many years has executive
clemency been used so sparinsly.
Regrets Severity Reputation.
Making It clear that he believed the
executive should not be moved by senti-
nent in pardonIng criminals or saving
convicts from the death chair. the Cow
ernor declared his deep regret that he
was regarded as hard hearted man.
Z Cows. Alfred T.. Smith and Charles s..
whitman commuted scores of sentences.
In 1920. the last year Of his term In
Office. Gov. Smith granted 20 pardons.
157 communications OF sentence and "a
respites and restored 2i1 convicts to
citizenship. Gov. Miller's pardons were
granted after full terms had been served.
being in effect only restorations to Cit
zenship.
Assemblyman Charles II. Belts Of
Wayne county to-day introduced n reso-
luton calling for a constitutional amend
ment transferring the power OF pardon
and grsnting reprieves from the Cover
nor to the Court of Appeals. Another
Belts bill before the Legislature abol-
ishes the death penalty excepting for
treason.
UphoIds the Courts.
The Governor was asked whether he
had used the pardoning power so spar
ingly because he sought TO check the
crime wave. He replied that he had
not--that II was his belief the Governor
should not overrule the courts.
Nearly every man in prison has an
application pending in this office for
pardon" Gov. Miller said. in the
capital cases appeals are made nearly
always, but have not been deluged
by the people seeking pardons for their
friends
When told that Cows. Whitman and
Smith were believed to be soft hearted.
Mr. Miller said:
II understand 7 have reputation for
being hard hearted. am sorry. ]
think that the pardoning power is
power 10 be exercised very sparingly.
/ think Il Is a power In which sentiment
and sympathy even shoud be very
carefully controlled.
Notes Exceptional Case.
"The law prescribes punishment for
offenses. II vests with courts discre-
ton In fixing terms within certain
limitations. / do not think the Execu-
tive has any business changing the
punishment prescribed by the law as
fixed by the courts. and II In only
where there arc some exceptional cir
cunstances presented. as often there
are, that the Executive power should
be used. I pardoned or released on
parole a young boy II years old who
was sent to Sing Sing. I do not think
boy OF that age ought to have been
sent TO Sing Sing, and after he had
served a time I released him. ! speak
OF that merely 10 Illustrate what
mean by saying that the pardoning
power is one to be exercised In excep-
tionai cases. What the prosecuting Of
ficer and the Judge say necessarily
must have great weight"
do you believe that the power should
remain In the Executive7"
when have been rather severely
tried-it often Is a pretty severe trial
have felt that II ought TO be trans
ferred TO a board. Al other times I
have felt that the power was so inn
portant that II ought TO be exercised
by the Executive. upon whom the eyes
OF the public are centered.
IT examine every record or every
capital case, not to review the decis-
ions of the Court OF Appeals. because
view their decisions on the questions
before them as final"
Opposes the Lash.
There has been some suggestion that
az an added deterrent at this time the
lnsh might he good thing 10 revive
they have II In Delaware" the Gov
ernor was told.
81 would never recommend that
what do you think OF the suggestion