Arizona weekly citizen., 1896-03-07
ARIZONA OR CALIFORNIA

For the past year there has been SOM
little controversy regarding the STATE
ownership OF the point Of land upor
which the territorial prison stands g.
Yuma, and legal solution of the gus
tion has been sought. Mr.. Calvert Will
son as attorney for federal convict
named Chavez. petItioned the United
States court al Los Angeles, Cal, for 6
writ of habeas corpus on the ground
that Chavez is confined in California
which cannot, therefo:e e, be a prison for
Arizona convicts. AS was expected the
petition was denied, the opinion of the
court being as follows:
This is a petition for a writ OF habeas
corpus by Calvert Wilson, on behalf Of
EVsristo ChsveZ, and alleges as follows:
That the latter Is unlawfully restrained
OF his liberty by one Thomas Gates, un-
der judgment OF the district court Of
the fourth judicial district cf the terri
tory OF Arizona, te, ritorial court hav-
ing the same jurisdiction as is vested 10
the circuit and district courts of the
United States, sentencing said prisoner
territorial prison al Yuma, Arizona ter
ritory," aud that said Gates is the sup
erintendent OF the prison where the said
Chavez is confined, and that SAID prison
is the only territorial prison of Arizona,
and WAS established by section 24l7, re-
vised statutes of Arizona, locating the
same in the town of Yuma, said terri
tory; that said prison IN point of fact il
not within the territory OF Arizona, but
is about 800 feet, more or less, from the
boundary line OF said territory and with
in the state of California.
There is no allegation, however that
California is now or has ever made any
claim whatever to the land upon viii. b
the prison stands, but, on the contrary.
Arizona is now in possession OF said
prison and exercises authority over the
came. and has no other territorial prison,
and said prison is claimed AID owned by
the town OF Yuma to be within its cor
porRte limits and subject to it's municip-
al authority.
The sole ground upon which the pc
titioner asserts illegality in the afore
said imprisonment is the alleged fact
that said prison is outsi lie OF the terrific
~ OF Arizona. Whether or not, from mis-
take or otherwise, Arizona has b1llt ite
prison fe@ " hundred feet outside the
boundaries or the territory and within
the state of Californis is an inquiry uP-
on which the court, in this proceeding,
ought not to enter. That part OF the
sentence indicating the place OF impris-
opmept, to wit, "the territorial prison
ct Yums, Arizona territory" is merely
descriptive cf aud intended to identify
the prison, and ths petition shows be-
La& H.
Chavez is confined is the prison desig
mated in the sentences. Even we're the
state Of California asserting claim to the
land on which the prison stands it would
then simply be question OF disputed
boundary and, in a writ of hsbegs cor
pue, the court would not undertake to
determine where the exact line is situate,
but finding Arizona in possession of aOd
exercising authority over the disputed
ground, and using the same as it's pris-
cn, would assume. for the purposes of
this application, the locality ~ question |
to be within the limits Of said territory. |
However, were this not so, and con- |
ceding said prison to be within the state |
OF California, there is still another |
reasen why the writ OF habeas corpus |
should not be issued on this application
There is DO Law requiring prisoners con-
victed epd sentenced to imprisonment
by the courts of Ar zona to be confined
within the territory; but. on the contra
~, II is expressly provided in paragraph
ten Of the act OF congress entitled San
act making appropriations for the sun
dry civil expenses of the government for
the tiscs. year ending June 30, 1881, aud
for other purposes, approved June l6,
1880" That the legislative assemblies
of the several territories of the United
States may make such provision for
the care and custody of such persons as
may be convicted of crime under the
laws Of such erritory as they shall deem
proper, and for that purpose may
authorize aud contract for the care and
custody OF Such convicts iE any other
state AID territory, and provide that
such person or persons may be sentenced
to coninemet accordingly in such other
territory or state, and provide that such
person or persons may be sentenced to
confinement accordingly in sucn other
terrfrory or state, and ell existing legis-
lstive enactments OF any Of the terrific
ries for that purpose are hereby legslIZ-
ed" Q Supp. r s., p. 299.)
The writ is denied.
OLIN WELLBoR oRN, District Judge.
The case viii be taken before Judge
Ross and probably later to the supreme
court OF the United States. In the
meantime we fail to see where Chavez
comes in. His original sentence was
but for thirteen months and this can
be considerably lessoned by good be
hsvior. II taken to the supreme court,
- -aocbad IN dno onursa of timo
Chavez will be but a memory. At the
next session of the California legislature
it would be good move to induce that
body to cede such rights as that state
may posses in lands lying east OF the
Colorado, to Arizona, and thus settle for
ever the title OF ownershIp.