State ex rel. Attorney-General v. Peters
Ohio Supreme Court
QUO WARRANTO. George S. Peters, W. L. Robinson, D. E. Eee, D. E. Rempel, and D. C. Coolman constitute the board of.directors of the Ohio penitentiary.
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QUO WARRANTO. George S. Peters, W. L. Robinson, D. E. Eee, D. E. Rempel, and D. C. Coolman constitute the board of.directors of the Ohio penitentiary. The petition by the attorney-general charges that they, as such board, have since May 4, 1885, usurped and unlawfully assumed to hold and exercise the following franchises, powers, and privileges, to wit: 1. That of establishing rules and regulations, under which any prisoner who, on the 4th of May, 1885, was or might thereafter be imprisoned in the Ohio penitentiary under a sentence other than for murder in the first or second degree, and who…
1Opinion of the CourtJohnson, J.
The constitutionality of this act is challenged on two grounds.
1. Because section 11, article 3 of the constitution of Ohio vests in the governor the exclusive right, “to grant reprieves, commutations, and pardons, for all crimes and offenses, except treason and cases of impeachment, upon such conditions as he may think proper; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law.”
2. Because this act and these regulations provide for the. exercise of judicial power, and therefore are in conflict with section 1, article 4 of the…
2Cases cited6 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- United States v. WilsonSupreme Court of the United States · 1833
- State v. FoleyNevada Supreme Court · 1880
- Walton v. StateIndiana Supreme Court · 1882
- Brown v. . the PeopleNew York Court of Appeals · 1878
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