Ohio State Reports Volume 39

Ohio State Reports Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...respect to the limitations on the exercise of the power; and doubtless there might be a valid enactment providing how a pardon obtained by fraud may, with the concurrence of the executive, be avoided for fraud, for that would be in aid of the power; but legislation of the latter character, if ever thought to be necessary, should be limited to provisions conferring on some court or judge competent to receive the jurisdiction, power to aid the governor in avoiding a pardon for some atrocious fraud, such, for instance, as that disclosed in Com. v. Halloway, supra, in a direct proceeding for the purpose, with ample opportunity to the accused to be heard, and with power of review in this court. But at present we have no such statute; and to hold that such power exists independently of statute, is not only to decide that it is vested in each of the judges of the state, but that any ofiicer before whom the pardon is set up may go into the question of its validity, and treat it as a nullity. The acts of a commissioner of the land-ofiice, or a commissioner of patents, a secretary of state, probate judge, or even justice of the peace are too sacred to permit such attack. The idea that the most solemn acts of the Chief Executive of the state may be so treated, is not to be tolerated for a moment. To sanction such a course is, besides, in effect, to pronounce againsl. Knapp a sentence of life imprisonment, by reason of the matters set forth in the answer. In denying to this court power to do any such thing, in a proceeding like this, we deny it to every court in the state. While fraud should never receive the countenance of any one invested with a public trust, it must be remembered that fraud can only be redressed or remedied by the courts in the...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236808541
  • 9781236808547