The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-25
PAROLED THE PRISONERS.
WARDEN DOW CAUSES SIX OF
THEM TO RETURN.
Acts Upon the Advice of Attorney
General Bishop, Who Has Declared
Against the Validity of the Law.

Anticipating that a judicial test will
be applied to the law authorizing the
state board of corrections TO grant
paroles to prison convicts, and acting
upon the advice of Attorney General
Bishop, who has declared against the
validity OF the law, Warden Dow has
caused to be returned to the state
prison six paroled convicts. who have
been enjoying their liberty within the
state. according to the prescribed rules
and regulations.
A SECRET PROCEEDING.
Some time ago the question arose as
to the constitutionality of the legisla-
tive act permitting the board of cor.
rection in it's discretion to grant pa
roles. and Governor Wells. eX-officio
chairman of the board, requested an
opinion on the subject from the at
torney general. The opinion was rend-
cred as indicated. a couple of weeks
ago. but its purport was not made
public until yesterday, after all the
paroled prisoners had been retaken
into custody and lodged in the peni-
Tertiary, there to serve out the re-
mainder of their sentences. unless they
are granted absolute pardons. 1t is an
unfortunate turn of affairs for the per-
sons affected by the attorney generals
opinion, but in all probability the
periods during which they have been
on parole will not be charged against
their time.
THE SIX PRISONERS PAROLED.
The paroled prisoners who have been
going about their daily duties in per-
feet freedom and without let or hind
rance. except as to their good conduct
and that they were required TO remain
within the jurisdiction of the state OF
Utah, are the following;
John Benson and Hyrum Mcbride.
of Tooele county. who are serving
sentences of ten years for killing DR..
Elliott. Manslaughter is the specific
charge for which they were conTcted-
With deductions for good behavior,
their terms viii expire in August, 1899.
They were parOled for their exemplary
conduct while in prison. in September,
1896. These two were, in fact, the first
paroles granted under the state law in
question.
Frank Carlin is serving a five years
sentence on a conviction for attempted
murder in southern Utah and his time
will expire in February, 1899.
Modesto Sicher who killed his part
ner. an Italian, at a prospect hole in
Parleys canyon in the fall of 1894 and
has been cut on parole for about a
year, has only until next July to
serve. He was sent up for five years
and half for manslaughter.
Samuel w. Mcconnell was one of the |
three who were convicted at Ogden of |
attempted train wrecling during the
railroad strike in July. 1894. He was
sent up for u years and his time will |
expire in August, 1901, allowing deduc-
tions for continued good behavior and |
close observance of prison rules. His |
accomplices have been pardoned abso-
lutely, and at next months session of |
the state board of pardons McConnelrs |
application for a full amnesty will be |
heard. His strong plea is that he can /
get lucrative employment, sufficient to /
maintain his needy family, by engag- /
ing in railroading outside the state.
Peter Clark was the last one paroled. |
He was cOnditionally liberated less
than two months ago. Clark killed |
Henry Nugent at a gaming table in
Park City a couple of years ago and
was sentenced to serve ten years for
His time will expire in
March. 1902.
THE ATTORNEY GENERALS
OPINION
Preliminary to his opinion, Attorney
General Bishop recites that the state
divides the government of
the state into three departments. the
judicial and executive, and