Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-12
Question Before Supreme Court
But Still Undecided,
GEORGE KING is RELEASED.
Prisoner was Convicted Before New
Law became gnsetise Warden
Dow,s Discretion.

II appears that piece Of verblage
In n. u. Number A.. passed by the re-
cent Legislature and now a part Of the
laws OF 1899. has rendered a part Of tlh'
copper act void. for the reason that
II oonferr a power upon the board of
pardons not In harsony with the pro-
visions Of the state Consultation. In
other words. Il h thought TO be- an en-
croachmcnt upon the executive or par
donlnE power 81 the board and q
usurpation Of judicial power.
The position IL taken that the board
OF pardons was created by the consu-
tuition with certain defined powers and
that the Legislature can neither add 10
nor take from lts regularly prescribed
duties.
For the purpose Of testing the cons,l-
tutlonaiity Of the new law, habeas cor
pun proceedings were begun BY con-
Wet named George King. II was *
pected that the matter would be- fuly
gone Into when the ease was called TO-
DAY and decision had On
the question. but the action Of Assist
ant Attorney General Lee In admitting
the facts a. Hct out In Kings petition
prevented any extended argument and
the opinion by the court only went to
the applicability OF section 22is Of the
REVISED Statutes. under the provisions
of which the prisoner was ordered dis
Now the consti,utionality Of the new
law cannot b. brought into question
until some one who has been convicted
since Its passage demands a release BY
reason 81 the expiration OF his term,
less the deduction for good behavior
King was sentenced 10y Judge Norfcn
on the 18th ~ June, isn,, to one years
lmpriaonment. under plea VI guilty
Of the crime 81 grand larceny. ON the
9Th Inst. he made application To- the
supreme court for n writ of hnbcaH
corpus claiming that h. was entitled
to his release On May 9Th by reason OF
his good behavior which entitled him
to a ffty days reduction.
The new law passed by the last
Legislature confers the power OF grant.
inH deductions upon the board uf par.
donr, after the warden has furnished
the board certificate stating the
length Of time prisoners term was for
and other particulars.
A. the April meeting ~ IN. board
Warden Dow furnished the names Of
prisoners who were entitled. under the
copper act. to a reduction Of their sem
tencea and To their release In May.
The question then arose as 20 whether
the reduction was not an infringement
Of the state Constitution. No definite
action was taken. but the opinion ~
the majority ~ the members WAS that
the copper act" wnT invalid.
No action being taken ON the ward
-un liat Of names "a number Of prison.
en- were being held at the State prison.
whom the warden certified McrN emit
tied to reduction IN their sentences
for good conduct. one of the number
was King and his attorney u. II. Wells
came today prepared 10 argue that the
new law IL no way conflicts with article
Of the state Constitution. Attorney
Wells position l. that the law granting
deductions for good behavior Ia written
In the sentence NJ the prisoner, AMI BE-.
comes a part thereof. 40 ~ Ia invest
him with right to be released al tho
expiration ~ the time for which he
was sentenced, LEES tho deductions h.
has earned by good behavior. n the
power conferred upon the board be- I'M
constitutional Nv. Wells claims that
the law granting reductions stili re-.
mains In force and that the contiiution'
aiilty 81 a power conferred ought not
10 depend upon the choice OF a name foi
ltf nofNcfHor
when tho ease was called this morn
inr Assistant Attorney GENERAL i.r'
Informed the court that King was sen
fenced under the previous law and b.
forv the present law became effective
chief JuHticebartch said that being trui
them could be no doubt hut what tn
petitioner King was entitled 10 his To-
lease, which wa 80 ordered by N,
court. Attorney ..ella said there wer'
u number ~ other prisoners Eimlhrl,
situated and he asked for an oricr nj
the court making u broad enough I,
apply tn prisoners, whose terms had
Ices the good tins deduction. alrend,
expired ana were expiring every day
| lie did not want 20 unnecessarily bur
den the court with numerous habcai
corpus petitions.
Chief Justice IRnrtch said that tn,
court could only pass upon the matte
before n. but intimnted that Mardef
/ Dow should be- governed by the court
decision In tho king case. Ills honol
also stated that he would much pro
forrcd to have had tho ease brought
up In the regular way and cspreaset
! regrets at the unfortunate turn "a,
question had taken.