Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-10-31
CREDITS TO conv1crs.

held. came up before Judge CLARK IN the gu
perior Court on Saturday. l. S. Brown ap.
peared as counsel for the petitioner and
Attorney.General Hart and w. A. Amber
son, City Attorney. for the people.
The grounds recited in the petition are
that Acker is held upon four commitments,
two from Sonoma county, dated July "a,
9s79 hv which he was sent to State Prison
| for the terms of eight and three years, the
| last to commence at the expiration of the
| frst. and that under the credit system he has
! long since been entitled to discharge, as to
these. A third commitment was from Marin
county, dated September, 1875, for thirty
days' Imprisonment as punishment for escap-
ing from the State Prison. This, it is claimed,
was void. upon the ground that the Court ex-
ceeded its powers to render such Judgment,
upon a plea of guilty of an attempt to escape.
The fourth commitment was from Santa
Clara county, under date of December 1,
1875, which was for term of ten years, TO
commence upon the expiration of his previ-
o1s terms. This last judgment, it was alleged,
ia void, upon the ground that the Court ex-
ceeded its jurisdiction.
Mr.. Brown argued the case in support of
the application of the petitioner for his dis.
charge upon the theory that under the Good.
win Act credits were extended to the prls-
oner back to the time of his first entering the
State Prison, notwithstanding the bill did
not take effect until 1876 and the amend
ments till 1878. He claimed that by COM
putting the credits upon this basis Acker had
already served beyond the requirements OF
the law
The Attorney General denied the correct
ness of the premises thus laid down, and as
serted that the Goodwin Act referred to
could not authorize or grant credits to per-
sons convicted and sentenced prior to Its
passage, in 1876 that to maintain that the
Act conferred the right of such credits to
persons convicted and sentenced in 1873, as IN
the case of Acker, would be allowing the
Legislature the exercise of executive power !;
that the Act under which the petitioner
claimed credits was one which had IN view
the earning of credits by good behavior on
the part of the prisoners; that the only
means by which q party may be relieved
from any Of the punishment adjudged against
him by a competent Court, is by pardon or
Communication, and the psrdoning power, as
well as the power to commute sentences alter
conviction. is vested exclusively in the Governor
by Section l, Article VII. of the Constitution,
and that therefore to corstrue the Goodwin
Act as applying to such prior convictions and
sentences as in the present case would be
clearly a usurpation by the Legislature of the
powers thus delegated by the Constitution
exclusively to the Executive. More than this,
the Acknowledgement claimed that in the
present case the return Of the Warden of the
State Prison shows that the petitioner has
been convicted four times of felony, and that
clause in the Constitution. adopted in 1879,
expressly prohibits committing of any SEN
tence in cases where the prisoner has been
convicted more than once of felony, except
upon the written recommendation of a major
ity of the Justices of the Supreme Court.
Any attempt to construe the Goodwin Act,
therefore, as relating back to the present case,
would bring it in conflict with the Constitu-
ton and render it imperative and void.
At the conclusion of the argument Judge
Clark intimated his concurrence with the
views of the Attorney General, but stated
that the present case did not require him to
pass upon the subject that far, as according
to the argument of the counsel for petitioner
the prisoner was not entitled to his discharge
for twenty months yet, less the credits which
might be awarded for during that period
Acker was therefore remanded TO the custody
of the Warden for his return to tie Folsom
Prison to complete the term for which he has
been sentenced.
The Attorney General requested that the
Court, as matter for guidance Of the State
L
| legal questions which had been presented,
| but the Judge declined, remarking that the
| Wardens would follow the advice of the
| States legal adviser. The Attorney General
replied that if he was consulted upon the
subject by the Wardens, he should advise
them that the legislative Acts upon the sub
ject of credits could only apply to cases WHERE
conviction occurred subsequent to the passage
of the Act granting the communication.
| LAND LEAGUE MEETING.-The meeting o.
the Land League held last evening was
largely attended, and much enthusiasm was
manifested. Miss NJ. Brennan, lady mem
Der of the League, rendered gold watch tc
be disposed of for the benefit of the League
fund, and for which she was given unani.
nous vote of thanks. A circular from the
Executive Committee of the Land League at
Dublin was received and read, showing the
number of evictions in Ireland from 1919 to
1880. A letter from John De Morgan,
Editor of House and Home, to Premier Glad
stone, and published in the journal of the
former, was read by the Secretary and re-
ceived much applause. Robert ORourke
and I. ?. Crowley gave Rotations. and Mis-;
McElroy rendered several vocal pieces o.
| music.
GRAND LARoENY.-Ah Now was examined
before Judge Henry on Saturday upon s
charge of feloniously taking q gold watch
and chain from the residence of 7. G. Sny
der, in Yolo county. The evidence was tc
the effect that the watch and chain were
| found at Chinese pawnshop on L street
where it had been pawned by All Now, an6
that a link which had been detached was IL
the possession of defendant when found
| Upon conclusion of the hearing the defend
ant was held to answer, and his bail wa
| fixed at 81. 600. In default of furnishing the
same he was sent TO the County Jail to avail
trial. He has been arrested for previous
offenses, and served term in the County
Jail for petit larceny.
INCoRPoRATIoNs.-The were filed in thu
office of the Secretary of State on Saturday
articles of Incorporation of the Alaska Pack
ing and Trading Company. The purposes o
the company are stated to be the catching
canning, sailing, smoking and drying salmon
and herring trading in furs. hides, provis
ions, dry goods; manufacturing lumber AMI
oil, and doing general trading and fishing
business in Alaska. Principal place of bust
ness, San Francisco. Directors-Jehn l.
Boone, B. N. Rowley, George Tasheira, /
H. Hopkins, Charles Travers, Charles +
Jones, B. F. Jacobs. Capital stock, 81, 900,
900, in $4,000 shares.
CITY FREE LIBRARY.-The report of tn
Librarian of the City Free Library show
that the number of books issued during tn
past week was 763 OF these there were o
fiction 464; juvenile, 1876; history
%; biography, II; travels, IS; belle
letters &c; poetry and drama, z; theology,
science and art, q percentage of fiction, 60
percentage of Juvenile, "a. Average humble
issued per day, 100. The remainder of tn
books recently purchased will be put upo
the shelves tomorrow.
THE CHURcHIs.-The beautiful weathe
yesterday brought out full attendance at tn
churches. Rev. William Mansfield, of Be
nicia, officiated at morning service at 81
Paul's Episcopal Church Rev. j. G. Hale
of Vermont, filled the pulpit at the Congre
gational Church, and Bishop Cain preache
morning and evening at the A. Nj. K
Church.
AUCTION SALE.-Sherburn & Smith wi
sell at 1890 A. NJ. tomorrow, atresidence of d
D. Gamble, 14O5 o street, the entire house
hold furniture, consisting of fine walnut pal
lor set, brussels and three-ply carpets, mai
ble-top chamber sets, spring and top maj
tresses, kitchen furniture, etc.
EVERYTHING I could do l have done