The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-11-28

Pardon petitions by both
men are being considered. ThS
Billings appeal is before the
California supreme courts
while that Of Mooney is in
the hands Of Governor C. c.
Young.
Early next week, probably don>
day; the supreme court will deliver
to Governor Young its recommends
ton in Billings case.
Governor Young can not act fa-
vorably on Billings application un-
less the supreme court so recom~
mends.
This is because California law re-
quires supreme court recommends
ton in the petition of twice con-
victed men, such as Billings.
Mooney, a San Quentin inmate,
legally may be pardoned at any
time, but the Governor insisted that
the two cases are similar, and both
men will receive the same treat
ment.
Thus, if the supreme court fatty
rejects Billings appeal, it will mean
that Governor Young will refuse
Moneys plea Of pardon.
Both men have said they never
would accept paroles, insisting that
a parole carries with it an inference
OF guilt.
Communication Is Likely
Communication, like a pardon or re-
prieve, is part of a Governors power
to exercise clemency. Unlike pa
role is the fact that a convict can
not refuse a communication of sem
tence.
Virtually positive information
coming to the United Press is
that pardon viii not be granted.
That leaves two courses open
a Communication or parole, and the
former, according to those who
have studied the case, seems the
most likely.
A recommendation one way or the
other by the court will mark the end
in all probability, of Governor
YoungS part in the controversy. Ha
leaves Office the first of the year.
James Rolph Jr., San FranciscG
mayor, succeeds him.
ROIph's Stand Unknown
Rolph' never has committed him.
self on the Mooney-Billings case.
His only reference to it during the
Republican gubernatorial primary,
in which he defeated Young, was
that the case would be settled with
out delay should it ever come before
him.
The Mooney Billings controversy
has been a stormy issue between
liberals and conservatives since the
men were convicted.
Efforts in their behalf never have
ceased and will not now, should
their appeals be denied, according
to Mary Gallagher, secretary Of the
Mooney Defense League.
Three Governors have considered
MONEYS petitions. William D.
Stephens, who coninuted Moneys
original death sentence to life, re-
fused his pardon appeal as did
Friend w. Richardson.
Last June Billings. the obscure
member of the pair, asked the court
for a pardon recommendation. This
was denied after which Governor
Young also denied Moneys par
don petition.
Young Left LoophOle
Governor Young, however, left
Ioophole. He suggested that John
Macdonald, recanting star witness
against both men, be found and re-
turned to California to tell the SUI
preme court his story.
Macdonald was found in Balti-
more a week later and brought to
California where he told a special
session Of the supreme court that he
testified falsely when he identified
Mooney and Billings as the bombers-
The Macdonald hearing brought
the case before the court again and
1t is evidence gathered then which
is to be ruled on next week.
All justices have reached conclu-
s5ons. Chief Justice William II.
v7aeta hos announced. Editing the