Daily Kennebec journal., 1904-11-10
BACK TO JAIL.
Warren TuttIe Will Have
to Serve Time.
Decision by Justice Emery in
Skowhegan Liquor Case.
Ruling on Prohibitory Law Of In.
terest.

SkOwhr@an. Me. Nov. a.-Clerk Of
Courts VIM. +. Seekins received from
Justice l.. A. Emery. last evening. his
decision on the petition of Warren
Tuttle of Skowhegan. Tor writ of ha
bs-as corpus.
Hy the terms of this decision the
prayer OF the petitioner is denied and
he is ordered renanded to serve ,he re-
mllnGHr of his term of 30 days. To this
decree exceptions have been filed and
Tie case will be carried to the law
court. TO b" argued at the Deccn,b.,.
tcrm. the prisoner remaining ut large
meanwhile on his personal recocniZ-
ance.
-\t :he request of counsel, Judge En-
cry filed with his decree a lengthy re-
script setting forth the grounds of his
Judgment. Although his judgment is
against the prisoner. he empha ticilly
denies the power of the court especial
II an inferior court. to suspend the
execution of sentence once imposed.
There should be noted" he says.
the marked difference between sus-
pending or p"stponina the sentence it.
self. and suspending or rostponng the
execution OF the judgment after it has
been awarded. The sentencing is Il ju-
dicial duty. The execution of
the sentence is ministerial
duty. Superior courts or courts
or record after conviction may, with
the consent of the States attorney and
the convict. suspend or postpone SEN
t"ncc. I:ut WHEN sentence has once
been iMpOst.I. the judicial function is
at an end unless newly invoked by
prone, proceedings fo, review of the
juG g1nnnt Ol sentence. Fo:'
he court TO interpoSe to suspend the
execution of a sentence indefinitely. or
upon conditions not relevant to re-
view of the judgment. would seem I"
be a usu,paticn Of the executive pow
or to pardon or repricVc or commute
sentences"
t'pon the matter Of the prisoners as
sent to the suspension Of the mitimus
AID tn. fact that it was, done at his re-
ques:. the court also speaks in 10 I'M
certain terms:
II cannot assert to The !rnnOSiton tina:
Il court OF maeistra,c can lawfully bar
th,rrhs lessen the duty ar power to i'm
pose sentence and issue miltimAs there
on Outside of statutory authority 70 nif
ci:,.S. except perhaps the governor and
council. can lawfully stipulatc not 20 nun-
ish convicted criminals. Tho question of
the right of the magistrate in mis- case
to issue the m:ttimus when he did is not
at all aitec.ed by til, agreement made a;
the time OF the .~nIence. That agree
n.,nt gave the convict no immunity from
punishment for the offence of which he
had been convicted. evea though he plead
Ell sailty upon the faith of H."
Referring 10 the argument that the
practice of withholding mittimuSes has
been attended with good results. His Hon
or lays down the uncompromislns rule:
'''rhe answer is that no departure from
the law can work well. 1t does not in
crease respect for law to see the maeis-
trates disregard II. Government an!
laws are best administered by each official
keeping well within his own sphere of Off
cial duty and performing that dutE
promptly aud completely. In ease of con-
viuicn OF an offence within his Jurisi!c-
tinn. tile ma eiatrate has fully performed
MS uNtN wren lie HIS pioiIptiS
sentence and issued the warrant for its
executions and not until then "
As to tie crucial point in the case.
whether the lapse OF time since the con-
victiou of Mr.. ruttle has deprived the
court of the power to enforce the DEGREES.
the court is less certain. recognizing two
conflicting lines OF authority. His final
con, luson is:
'Clcariy ought not TO discharge III"
petitioner from tEe further execution o.
the sentence against him. unless fully sat
i,fi",i that il is his legal l;;ht upon this
process since il ! err in 50 doing the
error cannot he cOrret ted and Justice Will
suffer: while if ! deny the discharc" II"
can have the error. if any, corrected by
th,. law court. and in the meantime re-
n,.,ir al large under recogniZante.
'.ln view of the conflict of authorities
| az. not faeel warranted in dschargine
the petitioner and thereby concluded the
State. | mus; therefore deny the petition
and order his remand. reserNing to him
the right of exception. Petition for dis
charge denied. Petitioner remanded TO the
custody of The sheriff"
HE MUST HANG.