The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-20

The opinion OF the Superior court in
The case of the Commonwealth against
Anthony Dunleavy was received yes
terday by. Prothonotary Sam II. Stew
Ems and will be RENTED today to the
local court.
Judge Beaver, who wrote the opin-
ion. says that II either OF the conten-
tions of the defendant We're sustained
it would mean the practice of sus-
pending sentence would have to he
done away with. and this is n thing
not to be desired.
These contentious were that the de-
fcndant was sentenced when he was
directed to pay the costs. and that IA
uec"olant must be sentenced at tn"
sam, term in which he was convicted.
Dunleavv was convicted ut the Oc-
tobc; tci.l Of quarter sessions of sell
ing ijcuur without Il license, ana re-
manG,d for sentence. on the day pre-
ceding .hc last day of the term when
sentences are usually imposed. Dun
leavy's attorneys went before Judge
John G.. Love, who tried the case, and
moved for sentence. The motion was
accompanied by the presentation of n
petition for suspension Of sentence.
which was signed by many OF the city's
prominent men. Judge Love granted
the petition and suspended sentence
upon payment of costs. Dunlcavy paid
the costs and went his way rejoicing,
hut the prosecution. the Municipal
league. upun learning of Judge Loves
action, made a protest to President
Judge Archibald. with the result that
Dunlcavy was called i'm at The next
term of court and sentenced 10y Judge
Archibald to three months in the county
iail and a $500 fine. His attorney, Jo-
Scph O'Brien, took an appeal, and had
1t made a supersedeas to effect his
clients release and at the Scranton
session of the Superior court the case
was argued at length. The decision
confirming the action Of Judge Arch
bald was ha,ded down last Friday at
the Williamsport session.
OPINION IN THE CASE.
In his opinion Judge Beaver says, in
part:
1t appears from the order OF oct, II, 1900. in
this case that representations as to the character
of the defendant moved the court thereto. The
Judge who presided at the trial indicated what,
in his Judgment, the sentence should be, n the
defendant was subsequently, called for sentence.
ts already said, the facts which led 10 the i'm.
position Of the sentence in this case are not
before U.S. nor have we knowledge OF them, but
IT is not difficult To imagine conditions under
which the court would feel bound TO impose the
rcntencc Of the law. The petitioners ~ to char
Acter may have been mistaken the trial judge
may have been imposed upon. the subsequent
conduct Of the defendant may have shown tina,
the suspension Of sentence was ill'adyiSed and
the public welfare ieopsrdzed thereby.
We do moi say that any Of these considerations
moved the Judge, but it is easy TO imagine how
they and similar ones may have been potent in
inducing the imposition Of the sentence. We us'
,hese illustrations to show how dangerous 10 the
public welfare it would he il the hands Of The
court were tied by suspension Of sentence such
was made in this case.
No part Of the penalty prescribed by the ,h'
Of assembly was imposed in the order Of tho court
~uspending the sentence. The costs are no part
of the penalty and the direction to pay them
not necessarily a final Judgment We are Of the
opinion that the court had power after the tern
had passed 10 call the defendant for sentence
and to impose upon linn the penalty affixed l.,
law TO the ofcnse with which he was charged
snd of which he convicted,
POWER Is IN THE COURT
There is one court Of quarter sessions in. cs,l
county in the commonwealth. The act Of Jun'
10. 1886, gives 10 these ro,Irt~-not 10 the indi
vdual iudgcs-aulong other things. the power
ri,hin tboir rosr,ctiy. ,,,,r,io. IN inorire Il,
hear determine and punish in due form of Law
all such crimes, nisdemCanors and ofNense
whereof exclusive jurisdiction is not given t,
The courts OF over and ternner ~ such county.
This and other acts recognilc distinctly the unit,
OF the court
The court of quarter sessions is a contiuuou
and continuing body Its existence is in uowis
dcpepdcnt upon fine lie or the preseucc OF am
particular Judge II is tn. law which gives tlu
court its vitality and continuity II is admit, =,
hv the appellant that the death o, a Judge doe
not affect the life Of the court nor would H.
death Of the indge who tried the ca,, in which
defendant was convicted Of 4, crime or ,nisaIcrncar
or preycnt hi. being sentenced by 4 successor
This necessary admission seems 10 us 10 settle IN
question, i, a legal sentence can b., impose
after the death o, the Judge who presided at II,
trial and conviction Of the defendant. NLv
not thc same priucplc .,prlirahl, when IN
iudpc who tried tho cas-. il necessarily ubseni
Is is the court which imuo,es tLe sentence. n,
Judge who pronoun,cs II i ,lnply the moutl
piece OF the court, and, Tor the time being. give
expression to its authoritative DEGREES; but I
holh that ludse j. 'n' court OF INA, TIE Is ne'r'
~ ua eNS''''' on ,''a' "S '"usntI, "'
,',id nlt o,iy vs,'rd t,o ,,,n,i,d',r,,i,r1
Justice. bnt wonId lead in many cases IA ,cp,.
miscarriage thereof
sr,.r,,,-,, =. GAVIN
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