, 1891-10-27
QUESTION FOR COURT.
Is the State Penitentiary at Raw
Inns or Laramie
Kensen's Counsel Searching for
Another LoophoIe.
Believes His Clients Sentence
Was Unconstitutional.

In the supreme court yesterday two
decisions were handed down. Judge Con
away giving the opinion OF the court in
both cases.
In the case OF Metcalf VS.. Hart, Judge
Saufy's decision in the lower court was
reversed. The decision was the lengthiest
that has ever emanated from the bench of
the state, the reading of 1t occupying over
an hour and a half.
In the case OF johnson County School
District No. 2 VS.. Julia w. Hart, the
finding of the lower court was affirmed.
The Kingen habeas corpus case then
came up for argument. Before the case
was under discussion long, it was discoy-
cred that some very interesting questions
were to be raised-questions which affect
the entire state. Until its final decision
this case will be watched with much inter
est all over the state. Should the defend
ant be released on one of the points
raised by his attorneys it will set at liberty
every convict confined IN the penitentiary
at Laramie.
Kingen's allegation that he was kid
mapped from Nebraska, and is therefore
unlawfully restrained of his liberty, is now
Que of minor Importance in the case.
After making this allegation. he goes uu
to state that the sentence OF the court that
he serve a term OF eight years IN the pen
itentiary at Laramie Is unconstitutional
and void, in that it is in violation of the
language of section % of article VII Of
the state of Wyoming. This section is
as follows:
"Sec. %. The legislature shall have
no power to change or to locate the seat
of government. the state university, in
sane asylum, or state penitentiary, but
may, after the expiration of ten O0) years
after the adoption of this constitution,
provide by law for submitting the ques-
ton of the permanent locations thereof,
respectively, to the qualified electors of
the state, at some general election, and a
majority of all votes upon said question
cast at said election, shall be necessary to
determine the location thereof; but for
said period OF ten Q0 years, and until
the same are respectively and permanently
located, as herein provided. the location
OF the seat OF government aud said instl.
buttons shall be as follows:
THE seat of government shall be To-
Gated at the city Of Cheyenne in the coun-
ty of Laramie. The state university shall
be located at the city of Laramie in the
county of Albany. The insane asylum
shall be located at the town of Evanston
in the county of Uinta. The penltentiary
aHzl1 kn located - H. .k- - D1, =
the county of Carbon; but the Legislature
may provide by law that said penitentlary
may be converted to other public uses.
The legislature shall not locate any other
public institutions except under general
laws, and by vote of the people"
When Kingen was first sentenced it
was to serve his term at the penitentiary
at Joliet. Subsequently the court vacat-
ed this order and sentenced him to the
Laramie penitentiary, as the state board
of charities and reform had changed the
state penitentiary from Joliet to Laramie.
This power OF the board was exercised by
virtue of a law passed in 1882, which
gave to it the right to locate the prisons
in which c~opvicts of the courts OF Wyo-
ming should be imprisoned. 1t Is claimed
On behalf of Kingen that this law was
repealed by virtue of the section OF the
constitution above quoted.
Kingen's reply to the answer of Judge
Davidson is substantially as follows:
They are IN violation of and c~ontravene
the express language Of section % of ar
ticle VII of the constitution OF the state
of Wyoming,
That the act of 1882 was abrogated by
the foregoing section of the state constitu.
ton; that Investing the state board with the
power of determining places of imprison.
ment constitutes a delegation of legisla.
tive power, and it is therefore ~unconsti.
tutional; that the act of congress author.
izing the territorial legislature to delegate
this power to any other body or authority
is in contravention to the powers granted
to the legislature and well settled maxims
that no court can ~vacate. alter, or modify
its sentence or Judgment, either in a civil
or criminal case, after it is made a matte
of record and the expiration of the tern
at which it was pronounced, and caus,
the latter sentence or judgment to b,
executed; that the court having Sc
aside the first sentence renders tn
whole proceeding a nullity; tina