The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1882-06-09

Judge Sener Decides That He Cannot
R~e-sentence Them,
In the cases of the Territory Of Wyo-
ming VS.. Chas. Williams, Moses Reeder
and r. X. Paine, which were argued
before Judge Sener, rs noted In these
columns, the judge rendered a decision
yesterday.
Each of the defendants was sentenced
in May 1880 by the first district court to
the territorial penitentiary in Albany
county for felony: two for four years
each; and the third for ten years. Upon
the order Of the board Of pe%nitentiary
commissioners they we're brought from
that prison, and committed to the jail
of Laramie county on the Both of
March last for r~e-sentence under the
provision of the act Of March 10, 1882,
the event of its appearing to said COM
missioners that the interests Of the ter
ritory would be- best subserved by the
prisoners, now remaining in the terri
torial peniteutiary Mt Laramie City, or
any portion thereof being removed to
such other prison, as the commissioners
may designate, to serve out the uneX-
pired term of their sentence, then in
such case said commissioners shall
notify tho warden of the penltentiary at
Laramie City, and the sheriffs Of the
counties, from which such prisoners
were sentenced, of their determination
to remove said prisoners, and of the
place, to which they are to be removed.
1t shall be the duty of the warden to
sheriffs, who shall confne such prison
ers in the jail of that county until the
next or pending term of the district
court; at which term they shall convey
such prisoners into the court: and it is
hereby made the duty of said court to
re-sentence such prisoners, and to order
that they be confined in the place, so
designated, during the unexpired term,
covered by their original sentence" On
the 9Th instant these three convicts
were brought into court: and the
county attorney, Hon. G. N. Potter,
and Hon. w. w. Corlett, counsel for
the commissioners, moved that they be
re-sentenced to the Joliet ~penitentiary
in Illinois; basing the motions on that
section, as itself based upon the act of
congress of June Is, 1880, which pro-
vides for sentences by the district court
of the territories to foreign prisons. The
motions were opposed by Messrs. ]. G.
Baird and William Ware Peck, as coun-
sci for the prisoners, upon the ground
among others-that they had been SEN
fenced to the ~penitentiary in Albany
county under sections 1893 and 1895 of
the U. s. revised statutes-their SEN
fences thus substantially and specially
conditioned-had been committed I'M
der those sentences-and that they
we're not affected by the act Of June 16.
Upon this ground the court denied the
motions.
The following is Judge Sener's opin,
ion almost in full:
TERRITORY OF WYOMING On mo.
VS.. ton for re-
CHARLES WILLIAMS. sentence.
This motion is made in pursuance of
section four of the act passed March
10, 1882, being an act creating a board
of penitentiary commissioners, defining
its duties and Tor other purposes CON
nected Herewith. The prosecuting at
torney moves to ~resentence Charles
Williams for the %unexpired term GOV.
cred by an original sentence, entered
in this court on the 2Sth of May, 1880,
for the offence Of grand larceny, the
sentence then being for four years.
Prior to the 10th of June, 1880, the su
preme court of this territory, decided
that all convicts in this territory for a
violation of territorial laws, and SEN
fenced TO imprisonment in a penitcn-
tiary should be imprisoned at the peni.
Tertiary at or near Laramie City for
the period of their Imprisonment, and
this is in virtue Of section 1895 OF the
revised statutes, which Is AS follows:
ANY person convicted by a court of
competent jurisdiction in a territory,
for a violation of the laws thereof, and
sentenced to Imprisonment, may, at the
cost Of such territory, on ouch terms
and conditions as may be prescribed by
such rules and regulations, be received,
subsisted, and employed in such peni-
Tertiary during the term of his impris-
onment, in the same manner as If he
had been convicted OF an offense
against the laws of the United States"
On the 10th of June, 1880, the congress
Of the United States passed an act
which was engrafted on the legislative
appropriation bill for that year provid-
ing that the legislative assemblies of
the several territories of the United
States may make such provision for the
care and custody of such persons as
may be convicted Of crime under the
laws of such territory as they shall
deem proper; and for that purpose may
authorize and contract for the care and
custody of such convicts in any other
territory or state and provide that such
person or persons may be sentenced to
confinement accordingly in such other
territory or state, and all existing legis-
lative enactments of any of the terri
tories for that purpose are hereby legal
lied. 1t will be seen at a glance that
prior to the 10th Of June, 1880. under
the act of congress, section 1895, and
the decision OF the supreme court of
this territory at its March term, 1880,
constituting that section, persons con-
victed Of crime within this territory,
against territorial laws must of neces-
sity be imprisoned at the penitentiary
ut or near Laramie City during the
term of their imprisonment, that being
the exact law of congress, section 1895,
as interpreted by the supreme court of
this territory. By reason Of that de-
cision it is believed that this act quoted