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Supreme Court — Part 8
Page 28
28 / 109
Moorman. for tee Etrecter wiles,
=, S6aords in calling tis eorrespondence to ty
attontion, pointe: out that tie Desertoent had not enecifics: ty
directed that the prints be returnet; however, that inetrict.or.
would ordinerily be inferred from toe information gsubsltts:.
fConseyTie tly, a letter had been prepared addressed to Mr. Ber jaain,
complying with his request, but that letter had not been malie..
I thereupon reqwertes Mr. Biwards t) hold tne letter until
I had an opportunity to talx to Mr. Parrish concerning this
actter, decanse I believe! thxt #« further consideration b, the
Departaer.t might bring about e« reversal of this opinion, as the
@iultias of the matter seamed all in favor of the Governsenit. I
then conferred sith Mr. Parrish, aho was rather of the oplaion
that the prints ought not to be retumed, although there was o>
clear authority for the refucal eitoer in the lew or decisions.
However, in view of the equities of the situation ani in face of
the argunent that the sovwral States having Habitual Criminal Lows
d> not give any weight to a pardon tut count the caviction |
potwithstending the pardon, he believed the matter was one wortry
of a test. He suggestei, however, that I confer wit Mr. Ridgely,
who had drafted tre opinion.
Wr. Parrish's informal view: were based on tue presasptt ac
thet a full pardon had been granted to Stepiens. However, in
taking the matter up with Mr. Ridgely he sugzerted that tre
Pardon Attorney's records be reviewed for tre purpose of ascertaining
whether the parton bad been grented because of the merits of the
ease or for seme ether reason. Ik. Ridgely's atte:tion was there
uoon invited to the fact that secording to the senorancdus froe tic
Pardon Attorney's effice Stephens bead bee granted a full pardon
enly upon the expiration af his sentence aad for thie purpose of
restoring his civil righta. Mr. Ridgely then steted toot he felt
these facts pleced am entiraly different situation before hin ond
be was of the firm opinion nat the Departamt aiculd act direct
‘er approve the return of the fingerprints ef « eonvict under these
eirounstances. Me requested that a letter be directed Attiomey
Benjantn, stating thet tie Departaent map of the view tat bece.:e
of tne fact that the pardon was ane only t+ restore the efril
rights of the convict it did mot fee. that fingerprints, photograph
or any other identifying date shoul4 be reterned to Stephens.
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