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hi* obligation to aee that the laws of the state are
faithfully executed.
Section 4.26 is similar to Article 2, Section
20 of the present Constitution, but makes several change''
First, the language of the present Constitution infers
that the governor has power to nolle prosequi the case.
Only one instance of exercise of this power has
been found. The committee feels that the governor should
not be able to intervene in criminal proceedings until
criAinal prosecution has ended.
Therefore, this section does not give the
governor that power. Second, the requirements of public
notice of instances of the exercise of the governor's
power of clemency have been altered.
The requirement of newspaper notice publicizing
the exercise of this power has been deleted because of
the embarrassment it might occasion the pardoned offender.
At the same time the committee feels that a
public record of the instances of the exercise of the cleme i-
cy power is an essential safeguard. Therefore, this sec-
tion requiresthat the governor file an annual report with