The Waterbury Democrat., 1935-12-21

The interest ana 1uCure paEClCl- patton of the Court of Pardons in the German carpenters case first was indicated early this month when it was revealed that Gov. Harold c. Hoffman of New Jer- sey, as ex-offlcio member of the Court of Pardons, had visited the Kidnaper in his cell. Hoffman said he was urging others members of the pardon court to do likewise, an unusual, but legal procedure.
 Reluctance of New Jersey resi- dents to surrender any of their newly-gained rights when the state was formed as well as their fear Of giving the governor too much au- thority, accounts for the unusual makeup of the court. Contrary to practice in many other states, Gov. Hoffman does not have sole au- thority to grant Hauptmann a pardon or commute his sentence to life imprisonment. The framers of the l844 New Jersey constitution, which established the court, ap- parently felt this power would give the governor too much authority. Odd Power to Governor
 The state constitution provides < that a major portion" of the court shall have the power to pass on appeals for clemency but also stipulates that, in order for a major portion of the court to grant elem ency, the governor must be one of the majority voting for clemency. Thus while majority of the court can deny clemency even though the governor should vote for it, such a majority cannot grant clemency unless the governor votes for 1t.
 Section 10 of Article V of the state constitution reads that the court GOT major part of them Of whom the governor or person ad- rniEistering the government shall be 0ne" may grant clemency.
 The court is constituted as fol- \ lows today:
 Chancellor Luther A. Campbell (presiding justice of the Court of 4 Chnncery) acts as chairman.
 The governor, Harold G. Hoff- man.
 The six lay judges of the Court of Errors and Appeals, which unanimously sustained Haupt- mann's conviction. They are George Van Buskirk, Harold B. Wells, Wal ter L. Hetf1eld, Joseph A. Dear, John J. Rafferty and William D. Wolfskeil.
 Deviates From English Law .S The court of pardons was ere ated in the constitution of 1844 to succeed to the powers exercised by the governor and the Privy Coun- ciI established under the original constitution of 1776. Under the old English comman law whereby the king had the sole right to extend clemency upon whatever terms he desired, this power descended to the governor. The framers of the states fundamental law, however, apparently were jealous of this pre- xpgative and limited the executive power to act alone by requiring con- sent of a majority of the court. 4 Always strict in its desire to up- Z hold the name of Jersey justice, me court of pardons never has been Involved in @ scandal.
 Generations of the court of par < dons are conducted in the greatest secrecy. The meetings are held be- hind closed doors. Records of the court are secret and publication of any letters or petitions or other documents is prohibited unless spe- cffic permission is obtained. The majority of governors have re- leased the names of those pardoned cT paroled. Gov. Morgan P. Larson was the only one in recent years to keep these names secret.
 Sits at Last Minute
 General practice in cases of capital punishment calls for the condemned man to wait until all appeals to the courts have been de- cided and a new date is set for the death penalty before a petition is presented to the court beseeching clemency. This petition briefly sets forth the facts of the case together with any reasons justifying the ex- ercise of clemency. Upon its receipt. the governor calls 8 special session of the court, usually week or two before the date set for carrying out the sence.
 The court of pardons convenes in the governors offlce. Counsel for the defense and prosecution are called in to present their views and then are excused. Then vote is taken. Five votes constitute an of- 1icial majority of the eight mem- hers.
 Specifically in the Hauptmann case. the vote could operate as fol- lows: If i've members of the court favor giving Hauptmann life sen- tence but the governor does not, then Hauptmann must die. On the other hands, if five members favor fnfliction of the death sentence but the governor wants to exercise clemency, then Hauptmann must go fo the chair. If five members and the governor vote for clemency, the decision to spare the silent Ger mans life would become effective and another startling chapter would De written in the amazing annals of &he Lindbergh Kidnapping.
 Se~eess~NAsesNeS NeSsesss~VSwsssASsx
 CHARACTER $ R A A N3S