Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-08-06
AaRNON granville
WAS ORDERED DISCHARGED FROM
THE STATE PRISON By JUDGE
JACKSON.
INTERESTING POINT MADE
BY Col. w. w. Arnett, Who Was At
torney for the Prisoner-He De-
manded Communication Time for
Good Behavior, and the Court
Held That He Was Entitled to 1t.

true account of the Granville case. The
Colonel said 1.-THE controversy was
as to whether the Federal statute pro-
viding five days on every calendar
month should be allowed to obtain
with reference to the time Of the pris-
oner Granyille's discharge from the
penitentiary. or whether the state
statute should control in determining
the same question. The Federal stat
ute provides that United States pris-
oners be allowed communication from
their time, of five days for
each calendar month, provided their
sentence be for six months or upward.
Unless the said Federal prisoners
shall be incarcerated in a state which
has a system Of communication for It's
own prisoners. In which event
the deduction shall be made
for good time under the state
statute. The question was whether
or not West Virginia has System of
Communication" for its prisoners. The
state statute simply provides that on
every sentence of two years and up
wards credit shall be allowed of five
days in each month of the sentence.
The petitioner Granville was SEN
fenced for sixteen months for a viola
ton of the postal laws of the United
States, and sentenced from criminal
court number of the District of CO.
lumbia, Washington. Granville's coun-
sci insisted that West Virginia has no
System of Communication" within the
meaning of the act Of Congress; that
a system consists of complex ar
rangement with many branches, divi-
sions and subdivisions affecting pris-
oners of different grades and for differ
ent offenses; and further contended
that the statute of West Virginia was
single declaration of legislative in
tention with reference to the single
class of prisoners. To-wit: gives those
sentenced for two years or upwards.
1t was further contended that such was
not a system as contemplated by the
act of Congress. The United States
district attorney agreed that a system
could be constructed by single stat
ute, and that whether the state statute
or the Federal statute was more or less
liberal to prisoners could make no diff
ference. The court held that West
Virginia had no complete System of
communication" for its own prisoners;
that the Federal statute was therefore
operative, and discharged the petit
TONERS.
Granville was on order by Judge
jackson released yesterday at one
O'Clock. He came directly to Wheeling,
spending the rest of the evening with
his counsel, Col. Arnett; left last night
to see his wife in Columbus, intending
to remain a short time in the West,
in time to return to West Virginia and
make that State his future home. The
other statement that the petitioner,
Granville, was to be detained,
arose from the fact that an in
dictment from the City of New
York had been lodged in the PEN
itentiary at Moundsville with War
den Hawk, but since Granville's arrest
upon the charge from which he has
just been released. another man has
suffered sentence of six months on
Blackwell's Island for the alleged
crime specified in the indictment. And
that man has publicly declared in the
most positive form orally and in writ
Ing that Granville never had even a
knowledge of the offense to which
THAT indictment refers. The import
ance of the decision is that it affects in
one form or another more than fifty
United States prisoners who either are
or have been confined in the peniten-
tiary at Moundsville. Always hereto
fore the prison authorities have re-
fused to give effect to the Federal
statute, and have released their pris-
oners sent there by the United States
court under the act of the West Vir-
ginia Legislature; and they claim that
they had authority for so doing in
the shape of instructions given to them
and their predecessors by district at
torneys and judges of the United
States court. These Judge Jackson
held were not in point or applicable
to this class of cases. This is the first
time that the attempt was ever made
to discharge prisoners of the United
States as the result OF this construe-
ton of the Federal statute. Hereto
fore all their prisoners have served out
their full time when the sentence was
for less than two years. receiving no
discount whatever for good time.
II you or any of your friends are
afflicted with any bodily ailments and