Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-03-01
F!ALBEN AN SC!WAD
JUooE HARLAN DELIVERS THE
OPINION,
llo Hold, that No Constitutional
Rights NJ The Prisoners
We're Violated.
Tho u. y. supreme court su-tn,us th'
DeVision ct the I.owcr Coutt.

NNhiAA " 80 AANfNs
the a. y. snprrnr 'ouri su-tnius die
Decision Ut ia" Lowcr Cou't.
WAsiuSoruN, Feb. %. - Ia the
cai,s Of ,bc anarchists Fleldpu aud
Schwab, serving lie sentences Ia the
Joliet H., uvuitrntiary, for patilcipHt-
INK Ia the Haymarket riots, the United
states Supreme Court affirmed the
decision oi q euprsnr court Of Hi
nois that their sentouc. wis not Ia
violation " the Constitution.
Judge Harlan, who delivered The
opinion Of ,hu court, fret took Up the
ground that the prisOnor1 had been
denied the due process Of law, because
they were not pftscnt when tho I'LL.
uois supreme court passed sentence.
The supreme court OF Illinois, says the
opinion, was not uus Of original jufls.
diction. TheeonteuCu whs pronounced
by Tie court of Cook County aul the
supreme court OF Illinois merely 0Ecd
the date, In conformity with The Grim.
inal code NJ thr State. No COuStitu-
tiOnal right Of The prisoners was denied
by The State supTcmU court IN rUfusllg
20 enter on IL record the ilci that
Scwab nni Fiellcn were not
present when the judgment Of the
court was pronounced. Tire sguteucn
uf death was not pronounced by the
supreme court. The latter body
simply affirmed tic Judgment Of the
Cook County court. No wellcOusid-
cied cue supports the contention OF
the appellant. Neither reason nor
public policy require that the defend
ant shall be- personally present peud.
iuE proceeding in an Appellate CD.rt,
Whose function Ii 10 determine whsth.
er there were errors IN the record to
| the prejudice " the accused, aud co..
ptcially where, o. IN this case, he had
counsel 10 represent him Ia court Of
review. The Judgment Of conviction
was not vacated hy the writ II error,
/ lie execution was only suspended,
pcudiug proceedings IA the Appellate
| court. Tho Joliet peuitcutiaty Is ma ie
u place for the confinement " perona
sentenced by the courts, 80 that The
detention OF the appellant 10y tho
/ warden Of the ponlieutlary II not la
violation u any right grcurod 10 him
/ by the Federal Congtltutlun.
In reading the opinion, the Justice
made no mention Oi the point taken by
the appellant that the governor could
I commute sentence, but could not
I provide for It, execution.
The above decision was given IN the
| case Of Scbwgb. In the case Of FielIun,
the same doctrine Is applied by the
court 10 meet the point OF the absence
| Of the accused when re-spnieuCed. The
court also shortly dispofes Of the Com
stitutionsl point raised, that tho rights
OF the defendant under the Constitu.
ton were violated by the refusal Of the
supreme court OF Illinois 10 amend ita
/ r. cord TO show that he was not present
/ In person OF by counsel at the time 1t
affirmed the Judgment Of the trial
court. The opinion uphDljs the Illinois
supreme court In iis declaration that
the law OF ,hat state Is that amend.
nIcnls OF records Of court Ia derOga.
ton OF iH final judgment are not
permitted after the expiration Of the
term ut which the judgment was rem.
| dered.