Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1898-03-24
Madison, March ~,

The supreme court of WISCONSIN
Tuesday decided that court commits
sioner cannot issue II writ " haheas
corpus to prisoners confined in the
state penitentiary. This power It was
held, rests solely with the supreme
court itself. This opinion was rem
dered by the court in the case OF the
state on the relation OF Fred HCidon,
Jr,, plaintiff In error, against Hugh
Ryan, court commissioner OF Mil
waukee. Peter RosXcynialla WAS sen
fenced ON Nov. is, 1897, by the mu-
ncipal court of milwaukee, county to-
serve two years In the house OF correc-
ton on charge of burglary. While
this charge was pending, RosHcynialla,
who was out ON bail, was sentenced by
u Justice of the peace to serve six
months for larceny. While he was
serving this sentence for larceny he
was brought before the municipal
court, tried and convicted on the
charge of burglary, and sentenced to
serve two years from the day Of the
sentence, Nov, IL, 1897 Soon after,
/
strained OF his liberty, he secured
writ of habeas corpus from Commits
sioner Ryan. The latter decided that
the sentence for larceny had not OK
PRED, and that all the proceedings
under the burglary charge were void
and that when the six months term
for larceny was ended Ros2cynialla
must be discharged, The fact that
he was serving n term at the time he
was tried on tho burglary charge was
held by tho commissioner to invali-
date the trial FOR burglary, Fred Held
/ en-. who has charge of the house of
, correction. appealed to the supreme
court. Justice Marshall, who wrote
tho opinion cites chap. 90 laws Of
1864, in which he says that power TO
issue writs of haheas corpus In eases
of confinement In the state
prison was restricted to the Justices
of the supreme court. The effect of
that act, the opinion says, was to take
from all courts and officers. except
those mentioned, power to issue wrIts
in such cases The fnct that the act
mentions only the state prison, while
Roszcysllalla was confined In the house
of correction, In not recognized by the
court ms making any defense while"
/ the opinion says, when the law was
enacted. there was but one place Of
confinement for persons guilty OF such
offenses-to wit. the state prison Mt
Waupun 1T would not ba seriously
Contended but that other places OF
confinement for the same grade Of Of
Tense, subsequently established, would
be state prisons by implication though
called by some other name" The
opinion coneludes by ordering that the
order OF tho commissioner be reversed.
and the writ be dismissed. This will
leave the status OF Roszcynialla some
what uncertain, and more work for the
courts is likely to result before the
question whether he must serve one or
two sentences is determined.
Other cases decided were: -.
State ex rel. Reed va. Ohm, OF nj;
execution stayed on filing within ten
days from this date bond In the sum
| by the clerk OF the trial court, CON
ditioned to pay all damages which the
opposite party may sustain by reason
thereof, without costs.
Ellis VI. Lampman; motion TO dis
miss appeal granted with costs.
/ Ellis vs.. Allen; motion TO dismiss
appeal denied with $40 costs.
Daniels VS.. city OF Racine; affirmed.
Flaney ys. Wauwatosa Park Co.;
affirmed.
Maloney Va. Wauwatosa Park Co;
affirmed.
Peehl VS.. Bumbalek; affirmed.
Olson vs.. Olson; affirmed.
Crogster vs.. Bayfield, county: that
part Of judgment sanctioring the va
lldity Of such last installment u bonds
Ilcyers.'d. end the judgment in all
other r spectB affirmed, and the entry
thereof 10 be modified accordingly
without costs, except plaintiff is TO pay
clerks fees.
Moody w. Meokelburg Co. W.. trus-
tees M. 10. church Of Port Washing
ten; that part Of judgment Diminishing
complaint as 10 Leck affirmed with
costs and that part Of judgment dis
m sslng complaint as to the trustees
reversed, and action remandei with
direction to enter judgment for lien
In accordance with the prayer of the
complaint.
Kane vs.. Williams; affirmed on both
appeals.
Zehren ys Milwaukee Electric Rail !
way and Light Co; affirmed.
Robran Va. Milwaukee Electric Rail ,
way and Light Co. affirmed.
lennessey vs.. g. 4 N. W. Ry. CO.: |
reversed.
Cook vs.. NJ, st. r. e. s. Ste. Marie
Ky. Co: reversed and cause remand ,
cd with directions to enter Judgment In
favor Of plaintiff for $3.50 "a, and In
favor Of defendant as to the first and
second causes OF action In the com !