Ex parte Ridley

• Decision Date: 11 January 1910
• Parties: Ex parte RIDLEY.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

106 P. 549

3 Okla.Crim. 350, 1910 OK CR 5

Ex parte RIDLEY.

Court of Criminal Appeals of Oklahoma

January 11, 1910

Syllabus by the Court.

A "parole," as the term is used in criminal law, may he defined as the release of a convict from imprisonment upon certain conditions to be observed by him, and a suspension of his sentence during his liberty thus granted.

Under the constitutional provision conferring the pardoning power upon the Governor (Const. art. 6, § 10), the Governor Ires exclusive power to parole a convict, with such restrictions and limitations as he may deem proper, and upon a violation by such convict of the terms and conditions of his parole the Governor has power to revoke his parole, and direct that such convict be rearrested and returned to custody, and required to serve out the unexpired part of the sentence of the court, as though no parole had been granted, even after the time his sentence would have ended but for the suspension thereof by the parole.

An executive order, revoking a parole for violating a condition thereof, and directing the rearrest and return to custody of the convict, is not violative of the constitutional guaranty "that no person shall be deprived of his liberty without due process of law," and "that no warrant shall issue but upon probable cause, supported by oath or affirmation," since being a convict at large by executive elemency, which he has accepted on conditions included therein, the convict, upon violation of such conditions, is merely an escaped convict, and not entitled to invoke such constitutional guaranty.

When a convict has been released upon a parole, and where said parole has been revoked by order of the Governor for violation of the conditions thereof, in the absence of a statute or of an express provision of the parole providing for a hearing, the convict is entitled to a hearing on habeas corpus, before the Criminal Court of Appeals, or the district court of the county where he is held, in order that he may show, if he can, that he has performed the contions of the parole, or that he has a legal excuse for having not done so or that he is nor the same person who was convicted.

Under section 10, art. 6, of the Constitution, the pardoning power is vested exclusively in the Governor of the state, and any law which restricted this power would be unconstitutional and void. Held, that article 26, c. 89, Snyder's Comp. St. 1909, being chapter 62, p. 576. Sess. Laws 1907-1908, entitled "An act relating to the granting of pardons; creating a board of pardons and defining its duties," in conferring pardoning powers upon other state officers, and restricting the Governor in the exercise of the pardoning power, is an unconstitutional infringement and interference upon the executive power. The Constitution only vests in the Legislature the power to provide by law regulations relative to the manner of applying for pardons.

The law giving to prisoners certain deductions from their term of imprisonment for good behavior is not unconstitutional as an infringement of the prerogative of the Governor to pardon. It does not restrict or interfere with this power in any way. It simply fixes the term of imprisonment in certain cases and upon certain conditions, and thus enters into and becomes a part of the judgment and sentence of the court.

Application by William Ridley for writ of habeas corpus alleging that relator was illegally restrained of his liberty by W. M Cates, Sheriff of Stephens County. Writ denied, and petitioner remanded.

The statute giving prisoners deductions from their term for good behavior is not unconstitutional as conferring pardoning power.

Writ heard on agreed statement of facts as follows:

"Agreed Statement of Facts.

"It is agreed by and between the petitioner, William Ridley, by his counsel, E. E. Morris, and the respondent by Charles L. Moore, Assistant Attorney General of Oklahoma, that the petitioner, William Ridley, was convicted in the district court of Comanche county, territory of Oklahoma, on the 22d day of November, 1904, for the crime of manslaughter, and sentenced to a term of four years in the penitentiary of the territory of Oklahoma, then located at Lansing, in the state of Kansas; that he was sentenced and began his term on July 11, 1905; that said William Ridley served in said penitentiary in pursuance of said sentence until the 8th day of February, 1908, at which time he was paroled by Governor Charles N. Haskell, Governor of the state of Oklahoma. A copy of said parole is hereto attached, marked 'Exhibit A,' and made a part of this agreement.

"It is further agreed that the original term of the sentence of four years expired on July 11, 1909, but, with the credit for good time allowed the petitioner under the law, said sentence expired on November 8, 1908.

"It is further agreed that on August 30, 1909, the said Charles N. Haskell, Governor, as aforesaid, summarily, and without notice to petitioner, or without any hearing, revoked said parole, and ordered and had issued his warrant of arrest, commanding the peace officers of the state to arrest the petitioner and confine him in the penitentiary of the state of Oklahoma to serve out the remaining portion of the said sentence as aforesaid.

"That in pursuance of said executive order, W. M. Cates, sheriff of Stephens county, Okl., arrested the said petitioner, and he is now in the custody of said sheriff in the said county. A copy of said revocation or executive order is hereto attached, marked 'Exhibit B,' and made a part of this agreement.

"It is further agreed since the issuing of the said parole that the said petitioner has not been convicted of the violation of any of the criminal laws of the state of Oklahoma, but it is agreed that said Ridley is now charged with the crime of selling liquor in the county court of Stephens county, Okl., but that said offense is alleged to have occurred on July 17, 1909.

"It is further agreed that petitioner made regular monthly reports to the Governor, as aforesaid, up until the date said original sentence would have expired by allowance to petitioner credit for good time.

"E. E. Morris,

"Attorney for Petitioner.

"Chas. L. Moore,

"Assistant Attorney General.

"Revocation of Parole.

"State of Oklahoma, Executive Department.

"Whereas, one Will Ridley was convicted in the district court of Comanche county, Oklahoma Territory, of the crime of manslaughter in the second degree and was on the eleventh day of July, A. D. 1905, sentenced to a term of four years in the territorial prison and was thereafter confined in said prison under said sentence until on or about the eighth day of February, 1908, upon which last-named day the undersigned Governor of the state of Oklahoma granted a parole to said Ridley upon the express conditions therein set forth as follows, to wit:

"First. That the said Will Ridley shall immediately go to the home of his wife, in Duncan, Stephens county, Oklahoma, and there remain as a dutiful husband during the remainder of said sentence.

"Second. That the said Will Ridley shall report in writing to the Governor of the state of Oklahoma, every thirty days after the signing of this parole, during the remainder of said sentence and that the said Will Ridley will abstain from the use of intoxicating liquors, and to remain away from all places where intoxicating liquors are sold and places where gambling is carried on, and will avoid all evil associations; that he will respect the laws of the state of Oklahoma, and conduct himself in all respects as an upright citizen.

"And whereas, it has been made to appear to the undersigned Governor of the state of Oklahoma that said Will Ridley has violated the terms and conditions of said parole in this, to wit, that he has not conducted himself as an upright citizen; that he has not remained away from illicit places and questionable resorts and places where intoxicating liquors were sold as by the terms of his parole he was required to do, but that on the contrary he has engaged in the unlawful sale of intoxicating liquors and has otherwise violated the terms of said parole:

"Now therefore, in consideration of the premises and by virtue of the authority in me vested, I, C. N. Haskell, Governor of the state of Oklahoma, do hereby annul, cancel and revoke the said parole granted to the said Will Ridley and hereby order and direct all sheriffs and other police officers of the state of Oklahoma to apprehend the said Will Ridley wherever he may be found and to take him into safe custody and to conduct him to the warden of the penitentiary at McAlester and the said warden of the penitentiary is hereby ordered and directed to receive said Will Ridley and confine him for that portion of said term which was unexpired at the date of said parole, in accordance with the terms of the original judgment and sentence of said court, a certified copy of which is hereto attached.

"In testimony, I have hereunto set my hand and caused the great seal of the state of Oklahoma to be hereto affixed this thirtieth day of August in the year of our Lord, one thousand nine hundred and nine and of the independence of the United States of America the one hundred and thirty-third.

"[Seal.] C. N. Haskell,

"Governor of the State of Oklahoma.

"Attest:

"Bill Cross, Secretary of State."

E. E. Morris, for petitioner.

Charles West, Atty. Gen., and Charles L. Moore, Asst. Atty. Gen., for the State.

DOYLE J.

The proposition presented involves the power of the Governor to grant paroles and to revoke paroles upon a violation of the conditions thereof, after the expiration of the period of time designated in the sentence of imprisonment. Our Constitution confers on the...