Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-07-14
SRAN'S ORDER
WAS ALL R|G|lII !
Supreme Courts Decision In
Davis Case Changes Whole
Status of Paroles
GOOD NEWS FOR sHERcLlFFE
Under the Decision He will Get Out In
September and Not Have to Serve
Three Years More-Wili Affect
About Thirty Persons, Altogether, In
the Iowa Penitentiaries.

Special to Times Republican.
Des Moines, July 14.-The decision
of the supreme court in the Davis case
involving the construction Of the pa
role regulations of the governors Is a
clear vindication of Governor Shaw.
1t has been the custom for many years
for the governors of Iowa to issue pa
roles. or more properly suspensions Of
sentences. with a provision in the doc
ument to the effect that when the BEN
eficiary of the parole violates the agree
ment he voluntarily relinquishes his
good time earned under the statute.
This system grew up many years ago.
The agreement as to REIMBURSEMENT Of
the good time Is printed in all blanks.
During the latter part Of the term OF
Governor Shaw the legality of this
provision was questioned by attorneys
who were interested in certain case.
Governor Shaw looked into the mat
ter and gave 1t the benefit Of his legal
training. He reached the conclusion
that the clause was contrary to the
an order dated September !, 1901. 70
the wardens OF the penitentiaries to
the effect that they should not insist
upon the prisoners remaining to serve
out the good time revoked. Governor
Shaw did not make it public, nor is 1t
known just what case he had in mind
when this question was raised, but
about that time he became aware that
Frank Shercliffe had violated his parole
and was going wrong again. He wait
ed until after Shercliffe was placed
under arrest in Kansas City, when he
revoked his parole and MS matters
stood when Shaw dropped The ease
SherclifYe would be still entitled to his
good time, earned both prior to recon-
mitment and afterwards. Now under
the decision rendered, Shercliffe will
get out in September and not have, to
serve three years more.
ssa
Governor Cummins came up against
the parole problem right at the start.
The question of the good time WAS
brought to his attention. The wardens
of the two state penitentiaries realized
that II the Shaw order was good then
they had lost a valuable adjunct to their.
disciplinary powers and in fact that the
whole parole system as 1t has been
developed in Iowa is lamentably weak.
Governor Cummins, it may bs stated
fairly, never had very much to do with
orty, tho 1au nd orb WHY
dertaking to make any critical exam
ination of the case. he yielded to the
demands OF the wardens and others in -
terested and rescinded the Shaw order.
He preferred that the courts should
do whatever was done in the way of
breaking up the parole system. AT any
rate he would err on the side of COM
mon sense. Hence the suit was neces-
sary In which Frank Davis, thru his
attorney, Tom Minor. succeeded in
showing that until the Iowa statutes
are changed the old parole system in
vogue in Iowa cannot be maintained.
Disposal Of the Davis case in this
manner will affect about thirty persons
In the iowa penitentiaries. Pardon Sec
retary Garrett estimates th-re are
about that rninber serving time row
who are under second commitment and
who have had good time revoked on
them under the operation of the old
rule which is made part of every pa
role contract. Only two or three will
receive Immediate dement's. One other
at Anamcsa followed the example of
Davis and sought relief by habeas corr
,,,.. There ara about 2fG
,onvlcts out on parole all the time and
these make r>sular reports to the gov
stnor. A parole cierk is kept busy So
.uriug these reports and keeping the
records In every cne of these 200 cases
Ihc question Of good time is involved.
If they do not violate the paroles it will
never be raised. But as in the Davis
case the difference is sometimes great.
1t is estimated that one out on par
Die, particularly a hardened criminal,
would feel under great restraint IL he
had knowledge that recommitment
would mean three or four years instead
)f three or four months Usually pa
,oles are issued when the convict has
aearly served his time out, and under
he rule which the court now says must
De followed. the paroled convict can
,nly be sent down again for just this
lnexpired portion of the term. 1t is
olain to be seen that the decision
,hanges the whole status of paroles
whether the paroled ones ever break
heir paroles or not
The decision will not be well receiv-
ID by the wardens Of the penitentiaries |
rhe last time Warden Jones was here
ne talked freely to the writer about this |
,ase and expressed the hope that the
.ourt would uphold the warden and the |
governor. He declared it would mean |
!, great deal to the wardens in the mat
er of management Of the prisons.
One good effect of the decision will |
,e to force upon the next general as
sembly consideration of the whole |
question OF pardons and paroles. The
legislators can no longer permit Iowa |
70 so practically without parole law :