The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-06-02
COURT PASSES ON
THE PAROLE LAW
For the First Time and It Was
Upheld.
TESTED IN THE FULLER CASE
Convict Was Paroled BY the Governor
and Then Violated Twas Rear
rested and Sued Out Habeas
Corpus Proceedings.

Age-Herald Bureau, Hotel MADISON,
Montgomery, June 1.-{speciaD-The SUI
preme court today passed upon the parole
law for the first time. and it was upheld.
The case went up from the probate court
of Montgomery county, and was that Of
Brooks Fuller VS.. The State.
The governor paroled Filler, who was in
the penitentiary serving out term of five
years for assault with intent to murder.
Fuller violated the parole and was rear
rested, when d writ of habeas corpus was
sued out before Judge CASTOR, and on hear
ing Fuller was held and the law of parole
sustained.
The court says, in part: ut is the settled
law that the grant of the constitution In
CLUBS power to grant conditional pardons,
the condition to be either precedent or sub
sequent, and of any nature so long as it
is not illegal, immoral or impossible of per-
Torrance, and that d breach of the condi-
ton and annulS the pardon. The parole
of convict is in the nature of condition
al pardon and within the constitutional
grant of tho pardoning power of the gov
ernor. The power to grant pardons, abso-
lutte or conditional cannot of course be TAX
en- away from the executive, nor limited
by legislative action; but the general as
sembly may enact laws to render its ex-
ercise convenient and effective.
upon the failure of any convict to OBJ
serve the conditions of his parole, to be
determined by the governor, the governor
shall have the authority to direct the re-
arrest and return OF such convict to GUS
tody and thereupon said convict shall be
required to carry out the sentence of tho
court as though no parole had been grant,
ed him." is the law of parole under the
statute and the court says the parole does
not in anyWise displace or abridge the SEN
tence; it merely stops its execution for
trial only, it may be, or indefinitely, it may
prove, it suspends not destroys.
That it was competent for the legislature
to 50 provide we entertain no serious
doubts A parole, like every other par
don, is subject to rejection or acceptance
by the convict. He has an unfettered
election in that regard, and the executive
order is not effective or operative until 1t
has been accepted by him. If he prefers to
serve out his sentence, as originally i'm
posed upon him, to a suspension of 1t by
subjecting himself to the conditions nomi-
mated in the parole, he has the clear right
to do So But If he elects to accept the
parole and avails himself of the liberty 1t
confers he must do so upon the conditions
nominated in the parole, he has the clear
right to do so upon-the conditions upon
which alone it Is granted to him. one OF
these conditions Is that his sentence snail
continue in fieri, and that the governor
shall have the power to execute it in full
unon him should he forfeit the liberty and
immunity conditionally secured to him by
the executive order.
Fuller will be re-arTested and sent at
once to the penitentlary and made to serve
out his sentence, of which something less
than a year yet remains