The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-10

The place Of confinement Of the United
States prisoners sentenced from dis dis
irict has been changed from the Albany,
N. ", penitentiary to that at Buffalo. The
nine convicts taken by Marshal Yancey to
Albany last night had been sen enrcd be
fore the change was made by the Attorney
General at Washington. The United States
court here declined, on the informal APP
plication Of the authorities, to alter the
sentence, Judge Hammond doubling the
power OF the court to recall the prisoners
from the custody OF the marshal and
rcsentence them to confinement in another
prison. lie based the doubt upon dici
sion OF the supreme court declaring void
the action OF New York Judge vino, hay
Ing imprisoned the defendant for one year
and fined him 5000, recalled him after the
fine was paid and the imprison ment com-
menced, and changed the sentence 10 only
one years imprisonment, the fine belng
Unauthorized by law The prisoner hav-
ing sued out habeas corpus before the
supreme court was discharged, and he
then sued the Judge far damages for false
Imprisonment, which the judge defeated
ON the ground that ii was only mistake OF
Judgment.
The Attorney-G General, by telegram to the
district attorney yesterday, expressed his
preference for having the court change the
place OF imprisonment to Buffalo, but If
that could not be done, instructed him TO
send the convicts 10 Albany, according TO
the original sentence. The court declined
10 act except upon argument and consid.
Grafton of authorities, and the marshal
proceeded TO Albany last night.
THE APPEkL reporter gained some inter
csting information about the punishment
of United States prisoners from the Off
cials about the court The United States
has no penitentiaIies of its own excep
BONE military prisons, and convicis ar,
ron(ined by contract with prisons all ovel
The country selected by the Attorney-Gen
eral and approved by the courts. Thu
court has power TO confine prisoners in thu
ktate pcnitentiary where the court is held
II the State law permits il TO be done, bu
where the term OF imprisonment is longe
than one year, the court may sentence q
some prison outside the State preyiousl.
designated by the Attorney-General am
improved by the court The prisoner
rom this district have been sent 10 Buffalo
Albany, Chester, ILL.,, and now again {
Buffalo, ne the Acknowledgement ha
RON time 10 time designated. II
also las the power 10 chang
Inc place Of imprisonment, II the health Q
he prisoner requires, or the prison
which he is sentenced be an unit place
On inspection, the peniteniiary at Nasl
rille was long time ago declared an uni
place TO confine United States prisoner
and for ten years none have been sent ther
from this district
For Imprisonment for less than yea
lho court can select any Jail in the distric
where the confinement takes place by col
tract with the government, but recently
save expense and for the comfort OF pri
pncrs, one Jail has been selected in eac
district by the department at washington
md the court sends all prisoners for tn
district 10 the Memphis jail.
The cost Of this system Is enormous,
he government pays well Tor the servic
pdtbe department OF Justice has for yea
recommended 10 Congress the establis
cent OF United States prisons. The pli
,as been suggested of establishing pen
,olony in Alaska, but Il meets with
ayor anywhere. The problem Of the ca
pf convicis Is a serious one with all 80
frnments. One curious feature Of q
United States system Is that a sentence
Imprisonment at hard labor may result
simple confinement without labor, n
prison he selected where hard labor is u
Required. and on the other hand, II one
selected where hard labor Is part Of I
discipline, a sentence 10 simple imprise
ment, not required by the statute, or
sentence 10 be accompanied by hard lab
becomes one with that feature add'
congress should provide some less exp'
,ye system than that now In vogue.