The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-07
ASK FOR THEIR PAROLE
CATION WITH BOARD OF
PRISON MANAGERS
WILL BE CONSIDERED TODAY
If Request Is Granted, Case Must
Then Go to Board of Pardons
for Its Sane
Et1 ton.

Cole and Jim Younger may be paroled
from the state prison at st ilwater as
the result of meeting of the board of
prison managers to be hell there tn 8
morning. The prisoners have filed the r
application for parole, as the law re-
qulreS they shall do. and the board will
enter upon the consider alton CT it to-
DAY 1t is believed by many that the
application VIII be granted and that. I'M
less the board of Fardons acts adversely.
or the law under which their parole is
possible is deemed invalid, the two
noted bandits. who were Imprisoned in
1876 for depredaticns committed at North
held, VIII a. last be given their -Tee-
dom.
To say, however, that the Youngers
will be paroled by the board of prison
managers is assuming too much. since
the action Of this board is not final. II
has the power TO act upon the requiSi-
ton. but should it decide in favor of the
Youngers beng paroled, the matter
would then pas TO the bo ard of pardonS
for approval or reJection. This IS pro-
vided for in the Bemlng a t, under which
1t is hoped to obtain the release of the
men. AS nearly every one now knows,
the Deming law has been qu-stione !,
and by some held TO be unconstitut onal,
since 1t confers upon a member of the
judiciary. this being Cher Justice Start,
who is member of the board of Ear
dons, extra judicial powers. 1t was
this feature of the bill which kept Gov.
Van SAINT from signing it and causing
1t to be returned to the house where 1t
originated, so that the author could have
it amended. The action in recalling the
bill was not legal, however, and 1t pass
ed in it's original form.
The other members Of the board If
pardons are Attorney General Douglas
and Gov. Van SAINT. None of the men,
bers will express their opinions OF the
working force of the law. Gen. Doug
las has already stated to the governor.
however, that the opinion that the law
is invalid either because it confers pow
ers upon the bo3rd of prison managers
or extra judicial powers upon the jul
dietary, is Borne out by p -eviols de-
cisions. He has never taken an Of
fetal position, however, uron the sub
ject. It was Chief Justice Start. of the
supreme court, Who first raised the ques-
ton of legality against the Deming bill.
and when the proposition comes to the
board Of pardons for final determination.
If it does, the matter will be left with
Justice Start for settlement.
1t is impossible to forecast the out
come of today's proceedings. Personal
ly, Justice Start. has always teen gener-
ally recognized as an opponent to the
IDEA OF paruonlng the Younger DrOtnSfS,
and no one knows, evidently, of his ever
having changed his mind on the subject.
The Youngers are very much aroused
over the meeting today. and it is not
strange to learn that they are quite hope
full of the result, but in view of all the
circumstances it would seem that their
parole under this law is decidedly ques-
tionable.
The members of the board of prison
managers are:5 Frank Temple, Blue
Earth City: David Bronson, Saltwater;
E. w. Wing. BreckenPl 1ge; Anton e.
Weiss Duluth; B. F. Nelson, Mnneapo-
lie