The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-08
UNITED STATES AND STATE CON-
VICTS

tICTS.
Many persons have expressed surprise
and some have expressed indignation at
what they suppose to be the favoritism
shown to the Collins in exempting them
from manual labor i'm prison. If this ex-
emption were the arbitrary act Of the
court or the warden of the prison IT would
indeed be indefensible, but it is not. 1t
is the result of a difference i'm the laws of
the State and of the United States. There
are so many persons who either do not
understand or who forget the distinction
between crimes and convictions under
United States Jaws and those under State
laws that it may be well to point out some
Of them.
All violations Of State laws must be tried
in the State courts, and those OF United
States laws in the federal courts. The
latter class include all violations of the
postal laws. the coinage and currency laws,
the internal revenue law. the national bank
law, the pension laws, the tariff law and
the patent law. Under this head comes
the stopping of a mail train or interfer-
which is in the hands Of a receiver ap-
pointed by a United States court.
The general government has no %peniten-
tiary of its own. and by the courtesy Of
the States it confines its convicts in the
State prisons. Most United States convicts
are confined in the prisons of New York
and Ohio. but they may be confined In
the prison Of any other State which does
not refuse the privilege. The law pro-
vides that all expenses attendant upon the
transportation of United States convicts
and their maintenance while in prison shall
be paid by the general government. 1t
in all respects be subject to the same discl-
pline and treatment as convicts Sentenced
by the courts of the State in which such
penitentiary is situated, and while so con-
fined therein shall be exclusively under the
control of the officers having charge OF the
same" THIS applies so far as prison garb,
rules and discipline are concerned, but it
does not touch the question OF manual
labor. 1t is the law of Indiana that when
ever any person is imprisoned in the State
prison he shall be kept at hard labor there
in during the period for which such person
was sentenced" This applies to all State
convicts, and there Is no exception to II.
The sentence implies hard labor, or rather
the law requires it. But with United States
convicts it is different. The punishment for
some crimes against the United States is
cases Imprisonment only. Where the law
does not impose hard labor the court can
not add it. Most of the penalties for vio-
lation of United States laws include hard
of the national bank law under which the
Collins were convicted, and under which
Theodore p. Haughey pleaded guilty, pre-
scribes Imprisonment alone, without hard
itism was shown the Collins by the court
or the warden of the prison in exempting
them from hard labor. The law itself does
it. as it does also in the case OF Haughey.
The United States law provides that "all
prisoners confined in the penitentiary Of
any State for offenses against the United
States shall be entitled to the same rule
Of credits for good behavior applicable to
other prisoners in the same penitentiary."
Under this provision the Collins and
Haughey will get the benefit OF the State
good time law. Under this law a pris-
oner may earn in the way Of good time
one month during the first year of his sem
tence. two months during the second year,
three months during the third year, four
months for the fourth year, five months
for the fifth year, and i've months
for each succeeding year. Thus on a five
years sentence a convict may earn
fifteen months of good time. on a six years
sentence twenty months, and on a ten
years sentence three years and four
months. 1t hardly need be added that
convicts under United States laws can only
be pardoned by the President Of the United
States.