The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-21
WHAT ABOUT THELAW
The Scheme to Let Out Coxeyites
Three by Three
SAID TO BE CONTRARY TO STATUTES.
Then an Ohfcer Intrusted with the
endorsements or the Law GrievOusIy
Breaks He Himself

EnrOrcement or the Law 6srievOusIy
Breaks He Himself
The twenty-five members Of General
Sanders Commonweal army who are con
fined ia the shawnee county jail are
anxious to know how it is that United
States Commissioner WAGNER can hold
some Of them longer than others and
viii only let three of them out at a time
These men were sentenced to pay a
fine Of $50 each and costs, but according
to the United States statutes when q
prisoner has served thirty days a sen
tence Of that character and has made the
regular poverty affidavit he shall there
upon be discharged.
These men have all made the required
poverty affidavit before L. s COmmis-
sioner Wagner, and their thirty days
sentence will expire next Tuesday.
United States Commissioners Wagner
has arranged for a breaking up of the
commonweal army by letting the men
out three at time, but some Of the best
lawyers in the city say there is no law
for such a procedure and that these men
should all be released at once when their
time il out.
Commissioner WAGNER has gone east
on a pleasure trip and could not be seen
about the matter, but his law partner
Mr.. X. B. WEIGH, said the commissioners
has discretionary power in such matters
Other lawyers say the commissioner has
no discre ton in the matter and one at
torney who has made a careful study of
The subject said this morning:
@Sec. 1912 Of the United States statutes
provides that poor cOnvicts, sentenced to
pay a fine or costs and both, may after
thirty days imprisonment, apply in writ
ing TO any commissioner of the United
States court in the district, setting forth
n 1r,o hill Z Of f7F
the United States attorney shall have no
tice that he may then appear. and that
matter is heard before the commits
sioner.
If on such examination he finds the
convict has not any property exceeding
twenty dollars in value, except such as
is exempt. the com issiOner administers
20 the convict the oath Of his poverty,
and thereupon such convict shall be dis
charged This is the law. 1t is stated
that MIR. Wagner, the comm issioner,
has gone through with these proceed
ings, has declared these convicts entitled
70 discharge, has prepared certificates Of
discharge, has designated that three or
four day shall be so discharged, named
the men for each day, left the certitics -es
SO that they can on the day for each
batch's discharge. be given the iailer,
and has gone on east on a vacation to the
lakes
1T has been stated that the arrange
ment in letting them 60, few each day,
was to disintegrate the army, and lose it
in the shuttle.
ssThese men, il this be true. should be
held for no such purpose; if entitled to
their discharge, they should have it in
due and regular course Of business. and
in common with all law abiding and law
loving citizens, 1 beg leave TO vigorously
protest against this Injection into public
process which holds men in a prison
cell, the desires and intentions of a COM
hitting magistrate, which have not yet
crystalized into law"