State ex rel. Rogers v. Jenkins

The opinion of the court was delivered by

Reavis, J.

This is an application by the g’overnor to compel the secretary of state to attest the signature and affix the great seal of the state to a pardon, made by the governor, of one Davis, convicted of a felony and imprisened in the state penitentiary. The secretary refused, because he did not deem the pardon justified by law; that is, the board of pardons had recommended a commutation of the sentence of Davis, and not a full pardon, and that *79the power of the governor to pardon is limited to the recommendation of the hoard of pardons.

The pardoning…