Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-13
AN IMPORTANT DECISION,
Relative to the ''Credits" of the State
Prison Convicts.

ibsOh SOhNiSto.
Yesterday Judge Armstrong, III Depart
ment One of the Superior Court rendered
his decision in the case of John Harris, on
habeas corpus, which was brought before
him last week Application of like char
acter had been made TO Judge Mcfarland,
of Department Two, previously, and he
ordered the prisoner remanded. The petit
toner set forth that his term of sentence OF
eight years at the Folsom Prison, expired
March Goth, and that the Governor had
made out his discharge papers and signed
them, to take effect at that date. The
Board of State Prison Directors, however,
took from him, without allowing him 4
chance 10 be heard before the Board, his
credits for good conduct after the discharge
had been signed by the Governor 1.-THE
credits being Cancelled as punishment for
infraction of the rules by smuggling letters
and refused to set him at liberty.
Judge Armstrong yesterday did not pass
upon the legality of the Boards action in
taking away the prisoners credits without
giving him a hearing, holding that under
the circumstances ii was not necessary TO
do so, but decided that the discharge signed
by the Governor was invalid, because pre-
mature, having been signed i'll advance of
the expiration of the prisoners term. This,
he held, would not occur until the Goth of
January, 1885, instead of March 20, 1884, as
figured by the Warden of the prison, sup
posing that all credits were allowed. The
prisoner was therefore remanded to the
custody of the Warden till that date.
Judge Armstrong; decision, concurred in
by Judge Mcfarland, is to this effect, and
will be a matter of interest to the inmates
of the State Prisons and their friends: A
convict may earn credits of two months in
each of the first two years of the term of
his Imprisonment, four months in each of
the next two Years, and five months III each
of the remaining years OF the term, such
credits 10 be deducted from the end
of the term, not from any year in theterm.
Where the term of Imprisonment is for
only one year, or a less term than two years
no credits can be earned. And when, by
deductine the credits earned in an eight
year term from the end, if it is so that the
term unsatisied has become less than
one year, no further credits can be earned,
as no credits are allowed for a fractional
part of year. nor can a credit be earned
less than two months in any year.
The system of computation by the Ward
ems has been something in the form of
compound interest; that is, at the eXpira
ton of ten months, if the convict had been
on his good behavior, he was credited with
year, and so ON, the difference in Harris
case, between the figuring of the Warden
and that of the Judge amounting to ten
months. 1t has been the custom to dis
charge prisoner sentenced to term of
one year at the expiration of ten months,
but Judge Armstrong holds, as stated above,
that no one sentenced for less than two
years is entitled to credits. Without doubt
the matter will be taken before the Supreme
Court, as the inmates of the prisons and
their friends will not be apt to submit
without a struggle