The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1883-09-23
THE ELKo PAnDoNINe noARD

their last meeting in directing ten days
to be deducted from the term OF q
prisoner IN tho County Jail for good
behavior. affecting to believe that there
was no Low AthoriZinR their action, aud
clubbing the them "Elko Board of Par
dons." -
This dense ignorance OF the laws ef
the State Is all the more remarkable in
view Of the fact that since 1879 the
Commissioners Of all the counties have
been doing the same thing at almost
every meeting. To save them the NOR
tification of further blunders, We
would call their attention to section six
Of an Act OF the Legislature, which will
be found on page 80. Of the Statutes Of
1879. II reads as follows:
"for each month in which the PRISON.
er appears by the record provided for in
section four Of this Act, to have been
obedient. orderly and faithful, five days
shall, with the consent Of The Board
having power in the premises be deduc-
ted from his term Of sentence"
The Board" referred TO. is COM
posed Of the Commissioners Of n coun-
ty. Mayor and Aldermen of n city, or
the Trustees of a town.-Free Press.
Behold, o Daniel! The people Grs
fortunate in having SO able nm eIponent
Of the law at the helm Of the "Organ,"
and the Commissioners ore peculiarly
favored in securing n champion whose
legal lore is the subject OF such univer-
sal admiration. II is quite probable
that at least some of "the wiseaeres
who air their opinions through the
press of the Stale" have read the sec
ton in question. aid also the 'sOction
four OF this Act." which the Free Press
SO cautiously omits, and section two of
the same Act which 1t 10 necessary to
quote in order to arrive at a correct
understanding OF section four.
"SEc. All prisoners sentenced by
the judge Of any District Coult. or by
the Justices OF the Peace OF any Ju4.
tice's Court, and sentenced to n term
Of imprisonment in any county, city, or
town Jail, shall be deemed 10 have
been also sentenced TO labor during
such term, unless the Judge or Justice
OF the Peace. sentencing said prisoner,
/ for good cause Orders otherwise Sec
ton three provides tha. the Sheriff &c,
shall see that tue prisoners under their
care arc at all times kept at labor on
sha public works ut least SIX hours q
day during six days Of the week, when
the weather will permit, and also de-
fines the term public works.
SEC. An case any prisoner or
prioners are disobedisnt or Gisorderly;
n do mt f,ifhfplly .h.fn
the snid officers having charge of them
may inhict punishment upon them by
copfniug them in dark and solitary
ctlls. and the officers SO Furnishing
shall keep a record of the punishment
50 inflicted, showing its cause, mode
and degree. and duration, making n
correct report Of the same. on the last
day Of each month. to their respective
boards in each county, city or town,
together with the amOnU: and character
Of work done by said prisoners during
the month"
From tho above II can readily bo de-
teimined what is meant by the phrase
"orderly and faithful" in section six.
and the five days in ench month are
deducted as an equivalent for services
rendered in labor by the prisoner, and
not otherwise.
On the 3rd day OF August ult.. l.. II.
Mott was fued in the Justices Court at
Wells, SI00 for disturbing the peace
aud in default Of which was committed
to the county Jail for n term OF so days.
We hold that in pardoning the prisoner
ten days before the expiration OF his
term of service the Commissioners have
exceeded their authority for tho follow
ing reasons; First, See section ii Arti-
Gle V, Constitution OF Nevada. Second,
"Wben a judgement Is entered i'm.
posing fine, and ordering the defend.
ant 10 be imprisoned until the Iiue 10
paid, he shall be held in custody dur
ing the time specified in the judgement
nj II, IS the fine bo sooner paid"
See sec iion 2250. Compiled Lava.
Third. The prisoner in question was
moi sent epced for period OF two
months. aud had he been put to labor
and performed his tasks faithfully he
as not, under the Act, entitled TO q
deduction Of ten days from his term
prisonment and therefore the said
Commissioners aro justly entitled TO the
tenn "Elko Bonri Of Pardons" II will
now be in order to call special meet
ing Of the editorial stnff OF the Free
Press to devise ways and means u re-
lieve the Board from its unpleasant
dilemma.
Iu order The more completely TO crush
and annihilato the "modest' editors OF
tho Times. Review and 1SDrrnxDEsr,
the FREQ Press quotes tho romarks Of
the above papers under the head OF "a
Remarkable Proceeding" aud com.
nents ns follows:
There arc probably Macy things
"twixt Heaven and earth" that tho
editors Of the Times Re view and Elko
Independent never dreamed OF III their
philosophy. And for the purpose Of
throwing ray Of light nthwart the
mental visions Of Brother Dennis. and
the would.be legal luminnry, who foI n
brief period ia supposed 10 control the
columns OF the Independent, We would
moat respectfully call their attention to
tho hot Of March 8, 1879. aeclieu OF
which Will DO tounJ on our editorial
page"
"supposcd" Is good, bu, We have
mover found II necessary to call upon
our noighbors 10 assist rs in tho editor
isl management Of tho 1SpErrspEST
during the brief period in which we