The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-12-24
Az. Macsfn ~. United Ndfes,
~ ana lated Ssu'ss IS. De Wdu,

',,naiiv Tor the ofiense created n fine OF. moi
more than $1,000. or Imprisonment ~ MI"
labor for not more than hfteen years, OF "o.N-
and The accused had been sentenced 10 pay
the maximum fine and he kunef 'he ""~'
mum term 81 imprisonment. ,oa
'n the case OF 1ockts, q constSs ,inn'
been had la a prosecution by. ln'otiih,'on,
unGer section 5.i40 OF the Revised S,s,u.cs
which makes the penalty OF tne ol.nS.
changed, n npe OF not less thah ti,ov"
more than $1,000. and mpilsonineh mmmee
more thnn Two years. b sentence 81 tnc
ro,rf was for a nne Of 5000. ana ior ,he
ma imum tetin OF W years mpflsohincn
in The DE Ban case the prosecution nmu
been by Information based upoh sscsioh 49,"
of me ReyI. ed statutes. which makes inc pen
nlfy for lis violation, imprisonment iof hos
loss tnau Ave nor more than ten years IN "
state i.ii or penitentiary. The sentence war
for the maximum period OF zen y,"aS y '
in nil these eases. the oneuses were oDNl-
ousfv MOI ~plopcri, trlabie on infOfmatiohs.
A he sentences were severe anu cAt,sin., -"
La cycry case the accused were supltC''' ="
confinement at hard labor In n p~enitepuary.
lhe eases were unusual and out OF harmony
with the general practice ofthe courts VI ti'o
Jnited states In all Othcf usstIlc,s. w. IT,
not allowed t,ials 10 be had ON niotinstapm
I'm cases involving punishment NJ h"f" i""'
IN general peritentiafics.
Re that "A. II may. the question now H.
what II the rule 10 bs derived rom tne 'hioo
/. o~elsions OF the supreme Court uhuei ,ono
I AInHIAIDn. WI NONIn INV tVFf
n,nceediug In each case 10 have been uicoh-
r1uf onal. and discharged the prisoners iroln
Inc sentences which they were undergoing
The general principle was lheieDy 'slaonsn
cI mat there could he no trial on micrina-
ION Tor an offense punishable at nara iapoi'
ma wasthe express ruling IN n pare H.so".
But the court went further IN lie Two Hi.'i
cases. In that Of Mdckin, u said. .iioW II =
convict sentenced by n court Oh tie thl'eu
states To Imprisonment In n STATE prison oi
ue%aiientiary, and not In terms sentenceu l..
hard labor, can he put To woik, ellher ~ l,u'
of his punishment. or as part OF the ulsetP. ~
and treatment Of the PRISON, was huch uis..
cusscd nj the bar. but we have not louhu u
necessary 10 dwell upon II. because we can
not doubt thai nj the present Jay, imP'is,f-
ment Ia "A state prison OF penltVn'Iais WI"
or without hard LABOR. Is an infamous publsh'
mont. IL is not only so considered III w
neueral opinion OF the people, but IL mas peer
recognized as such in ihe legislation OF w.
states and territories ms wen as Oh cohEItss.
- in the DE walt case II held briefly. re-
rc,fi.g It's language in the Hdektn case, th"'
.,af the present day imprisonment M SIhl'
prisou or penitcniiafy, with or WITHOUT ndi.
labor. is IN Infamous onense; anu cOud. 10
hc inflicted I'm n prosecution by formation
These three decisions OF the Stpreinc our
furnish our only gui0e In dealing WIN us
question at bar. II we regard me iicto -
f,e eases reviewed, The deduction nom tntif
Is thai hard labor Is the IN IeuIent oi VI,
imprisoument that rendered the punishment
Infamous. But If We regard the Language o
ihe cour . hard labor Is not a necessary III
cident. and mere imprisonment ia u ~
prison OF p"enltcntiafy iehuti9 'hc P""i9"
mcnt Infamous.
one auestion. however, is stiil left open y,
the Supreme COurt-wh2td did n mean ny lh'
term Estate prison." IL Is used IN )uNtd
position and as synonymous win "pchlteh
iinrv." the meaning Of which IL dennliely e.
tnb0shed. All understand II penitentIRfy .
he "a prison for the compulsory cOnHieihsn'
generally 81 compulsory iaDor, Oh cohNlC..
- t. aI M In BlnnktlAHDI
and The southern States these prisons ar
called p~enifentiaries. hut in nearly al III
Northern states the term StNe prison is use
anonymously with the word penltehtlaiy
That des gnatiOn OF such a prison ~ part @
HE local Vcrnacular, particularly III Nlassa
chusetts. the State fIOHl which Mr. Jusllc
GRAY was appointed. who dellNoreu w
OpiuiOns o. the SupicIe t"uIV III INC " "e"'
and Mdckta cases.
r - do moi agree with counsel, who resist tn
t, hiing Of this Information, that the term stat
prison was used by the supreme court 81
the general sense Of any Jail or lOck-un q
n county or city owned by tue state. such
, construction would lead us 10 the absilr'
d conclusion that the supreme court mean
10 hoit that no ofense involving countle
r. mcut. however brief, In n state or q CITY "a
OF station house could be prosecuted by III
n supreme Courts c%itation.of the act {
I Congress relating to the Police Court OF III
: District Of Columbia, negative hucn "a SUI
10 nOsfilOu, that act expressly pcrm itting run
mary prosecutions for msdeineanois ~
4 punishable by Imprisonment IN the pen
] ;iaTy.'
20 for as the infamy Of n puDishmert ft
suits nom imprisonment, the decisions {
e the upreme Court settle that imprlsOnmch
I'm "A general state prison or penitenthtly li
g iicfs iufamy, and that no oficnse inNolNin
r such imprisonment can be prosecuted by J.,
= formation. they further decide that II IN
I staiutc which prescribes the pun hIncnt
70 an OuenSe allows "A maximum Imprlsonmet
long enough TO authorize the convict 10 u
e taken to a penltentiary there cannot be
i proSecuf ion by Information, hOWeNt
short "a term of impriNOnmeit M
actually he inflicted by the Cour'. lthln
these rulings settle the case at bar. III
statute (sectiOn b,5O6) authorizes an lmpfI'
onment for twelve months. tOnvicts OF tn
= district are sent 10 penitentiarlcs outside
U Virginia, under the authority Of seciiOn 5.o.4
Of the Revised statutes. which does not, llk
] section 5,5i1, limit the class of perso = senil
T. those whoare sentenced for longer thao Oh
] veal" The practice Of the court when SCI
. fencing for as long a term rs one year Is
7 or er the confinement 10 be In penltenllaf.
= Section 5,506, and this practice OF The COul
81 clearly brlngs the case ut bar within III
, perview OF the cases OF Watson, Mdckin, al
De van.
y 1t Is Incumbent upon me, therefore, 10 ger
- the lotion Ofthc District Attorney Tor letN
u TO file the Information under consideration