Daily Kennebec journal., 1906-03-26
GRAVES LEGAL STATUS.
The Queer Position Of Man Pardoned
for . Capital Offence.

The Communication Of the sentence of
Calvin Graves from life Imprisonment
to a term Of % years ard his recent re-
Lease from the State prison at Thomas
ton brings up ar interesting problem,
not to the lawyer, perhaps, but to the
layman, Of Graves legal status since
lis release. While he was in Thomas
ton under life imprisonment he was 10
all intents and purposes dead man.
the official and legal definition of his
status being legally dead
1t is an old and well settled principle
of law which has been adopted in prac-
tically every country and stat that
ran under sentence of imprisonment
for life or under sentence OF death is
to all intents and purposes already
dead.
Section 10 Of Chapter 66 Of the Re
yised Statutes of Maine makes pro-
vision in these cases In which it is
said: When any person is under SEN
tence of death or Of Imprisonment TO:
life, and is confined in pursuance
thereof, he is, from the time of such
imprisonment to ali fntents and pur-
roses, civilly dead; and his estate shall
be administered upon and distributed,
and his contracts and relations to per-
snIs ana things, are affected, in all re-
spects, as if he were dead"
In the case Of man sentenced to
the death penalty or to life imprison-
mcnt there can be no doubt about the
disposition of his property. From the
moment his term Of imprisonment be-
gins he is no more in the eyes Of the
iiw and administration may be had
on his property. Thereafter his time
and services belong to the State but
in Graves case there is another ques-
ton arises in that he Is now Il free
man.
Originally, Calvin Graves was sem
fenced to life Imprisonment and to all
intents and purposes was cirilly dead
but few months ago the Governor
ard Council conimuted his sentence to
25 years Imprisonment which sentence
has expired ana he is once more free.
When Graves began his term over 10
years ago his civil! life was at an end in
the eyes OF the law. Years after his
sentence was cOmmuted TO % years in
prison as though he had been originally
sentenced to that term and he comes
back to life again civi!iy.
The Maine courts have never been
called upon to give an opinion on the
legal status OF n man sentenced to life
imprisonment and afterward pardoned
or his sentence committed to a. term of
years and therefore there Is not set
tied law in the matter In Maine. In
other states, however the matter has
been passed upon and the courts have
generally construed lberally in favor
Of the person.
In simple language Il man pardoned
or having his sentence commuted TO a
term Of years after being sentenced To
life imprisonment begins his second life
to all intent and purpose of the law.
While in prison under a sentence OF
death or life Imprisonment a mans
services belong to the State. All his
civil rights expire with his actual en-
trance In serving the penalty imposed
by the court for his crime.
This being dead and still alive is
complex question, but 1t is stated that
in every case which has come UP for
d, cision before a court of appeals Gn Il
matter of law and the trend of the au-t
thorities is toward liberal interpreta-
ton OF the rights Of man so unfor-
tunate as being In such a position OF
having once been civilly dead.
Had Graves during his Incarceration,
taken out letters patent on his inven-
ton for which he is now in Washing
ton for the purpose of having patented
It might have been decided that his in
terests In it reverted to the State as
during that time he had no civil rights
Of holding property in the eyes of the
law. but now that he has served the
sentence his time no longer belongs TO
the State and therefore. so good law
yers say. he is no doubt entitled to hold
and receive the fruits of his labor.