Lexington weekly intelligencer., 1883-03-24
A DISCHARGE UNDER THE
THREE FOURTHS RULE.
Does Not Relieve q Convict From
the Disabilities Imposed Upon
Him Because OF His Con-
viction.

the Disabilities Imposed Upon
Him Because OF His Con-
| viction.
suoh Convict After His Release canno
Vote.
Daniel Flournoy ooiorsd man. was trie
at the late term of the criminal court 70
voting illegally at the last November eles
tion. 1t seems that Flournoy served teri
in the penitenliary, and came out under tn
rule when three-fourths of his time had ex
pired, as he had vioIsted none oil the rule
of the prison. Persons at the polls told bin
he was entitled to vote, as having beea par
doned under the three.!ourths rule, and b
accordingly voted. Judge Walker. VIII
was Flournoy's attorney, waived Jury an,
left the case with the Judge. Judge Rylan'
after hearing the evidence gave judgmen
In favor of the defendant, on the groun,
that he had not any intent to commit
crime, and believed when he voted that b,
had a right to do so. The court warnet
him. however, that he had no right to vote
and could not again escape on the plea o
| ignorance Of the law.
We have been requested to print the Law
governing such cases. as there is q Rooc
deal OF misapprehension on the subject
Conviction OF Infamous crime, feloniss
works. In addition to the punishment Of In.
generation In the penitentlary, forfeiture
of the right to vote. The intention OF the
law has always been to do this, but for Q
xpt he Rod -
cate to men released under the three.fourthl
rule, many persons, even many lawyers,
held that this had the effect OF q governors
pardon. removing the criminals disabilities.
To cure this. and to carry out, the rsaI
iutept of the law, the legislature, in 1879.
provided thst no pardon or certificate
OF the governor should be necessary to
the discharge of prisoner under the three
fourths rule. The law governing the mat.
ter is as folIows:-section 1.64s, X. g., pro.
vides, "Every person who shall be convict
ed OF any felony, punishable under any Of
the provisions of this article. shall be there.
after disqualified from holding any Office OF
honor, profit or trust, or Of voting ut any
election withkn this state"
Section 1,497, &. s., Is In these words, "E1v.
cry person who shall, at any election held in
pursuance Of the laws Of this state, or Of any
city or other municipality thereof, vote more
than once. either at the same or different
place, or shall knowingly cast more than
one ballot, or shall vote at any such election
knowing that he is NOT qualified voter and
is not entitled to vote. and every person
who shall knowingly advise or procure any
person to vote, who is not entitled to vote,
or shall knowingly advise or procure any
illegal vote to be cast at any such election,
shall be deemed guilty OF . felony, and upon
conviction, shall be punished by imprlson.
msnt in the penitentisry not exceeding i've
years, or by imprisonment In the county Jail
not exceeding one year, or by fine OF not
less than fifty dollars. or by both such dne
and imprisonment"
Another section Of law provides that .
pardon from the governor shall remove the
disabilities imposed upon q convict by sec.
tion 1.643, but section 6,633, r. s., ssys,
"Any convict who is now or may hereafter
be confined In the penitentisry. and who
shall serve thres-fourths OF the time for
which he or she may have been sentenced,
In an orderly and peaccsble manner, with
out having any infraetion Of the rules of the
prison or laws Of the same recorded against
such convict, he or she shall be discharged
In the same manner as II said convict had
served the full time for which sentenced,
and In such case no pardon from tie governor
shaH b required"
So 1t Will be clearly seen that dis.
charge under the three-fourths rule does not
restore to the discharged convict his right to
vete. Judges OF election should bear this In
mind, and the parties directly concerned
should take notice, as ignorance is not valid
excuse for violation of law.
1t would be wise, too, in the inspectors
Of the psnitenttary, II they would print
upon their certidoates Of discharge under
the three-fourths rule. that the document ID
net In the nature OF pardon, and does not
remove the released convlut's disabilities I'm.
posed by the law as q disgrace and punish.
ment In addition to his service Ia the psni-
tiary.