The Leon reporter. (Leon, Iowa) 1887-1930, 1907-08-08
The New Indeterminate Sentence
Law.

of these-murder in the first degree.
Life Imprisonment is the maximum
penalty for twelve others.
Under the indeterminate sentence law,
the district judges are supposed no
longer to fix definite term Of imprison-
ment for persons convicted OF these
1870 felonies except in cases OF murder
in the first degree. And under the new
parole law, operating with the indeter-
inmate sentence law, every convict
sent to Ft. Madison and Anamosa after
July 4, 1907, may be required to serve
the maximum penalty for the felony on
which he has been convicted, within
the discretion of the board of parole.
There is some question as to the
powers of the new board, if convict
were given life sentence by district
Judge. There is possibility that the
new law repeats the law relative to the
submission of application for pardon by
first degree murderers to the leglsla-
ture by the governor. 1t is not unlikely
that in any event the governor has full
power to pardon first degree murders
whatever the recommendation or advice
of the legislature, and it is conceded
that the governor has the power to
refuse to follow the advice of the legis-
lature even after it is taken.
This is purely a legal proposition,
however, for the governor always has
and doubtless always will follow the
advice of the assembly in such cases,
unless it turns out that hereafter, under
the Saunders indeterminate sentence
law, it will not be necessary to
submit applications for pardon to the
legislature at all, the opinion of the
attorney general on the subject will be
taken.
Secretary B. W. Garrett of the board
of parole has carefully examined the
penal code and has prepared tabulated
list of felonies penalized therein, to-
gether with the maximum penalty
provided in each case. This list will
be part of the Forthcoming booklet
issued by the parole board. OF the 1870
felonies the maximum penalty for one
is death; for u, life imprisonment; for
two, thirty years; for four, twenty-five
years; for seven, twenty years; for three,
fifteen years; for thirty, ten years; for
forty-six, five years; for one, six years;
for three, eight years; for four, seven
years, and for the other thirty, less than
five years.
Assault with intent to commit muir
der and burning an inhabited dwelling
in the day time are two felonies TAX
ing thirty years. No minimum is pro-
vided Dynamiting, enticing female
child for prostitution, being habitual
criminal and incest taketwenty-fve
year maximum sentences, except that
this is the minimum for an habitual
criminal.
LIFE IMPRISONMENT FELoNIEs.
Following is list of felonies for
which the maximum penalty is life i'm
prisonment:
Burning inhabitated dwelling in the
night time.
Burglary, armed with dangerous
weapon.
Carnal knowledge of embecile or in
sensible female.
kidnapping for ransom.
Placing obstruction on railways.
Perjury of accused in murder cases.
Rape.
| subornation of perjury in murder
case.
Train robbery.
Murder.
Murder in second degree.
Dynamiting when death is caused.
Treason.
Assume that an accused person i.
convicted of train robbery. The dis
trict Judge, under the indeterminatt
sentence law, sentences him, not for
term of years, but simply to the peni
Tertiary, or reformatory if he be unde
thirty years of age. Under the rule
adopted by the board of parole his cas-
becomes subject to consideration afte
eleven months. He may then be pa
rolled, at the discretion of the board
which has full power. 1t may keep hir
in the pecitentiary or reformatory TO
life if it sees fit. But after he is pa
rolled, wi hin year he may be recon
mended to the governor for pardon.
This is the whole operation, of tn
new system. The parole board has ad
opted rules to govern convicts who ar
paroled, which provide that he mus
make monthly report and conduct him
self decently. And cigarettes ar
tabooed by the board. The rules &C
opted by the board follow:
RULES OF THE BOARD
1. The paroled prisoner shall procee
at once to the place of employmer
provided for him, and enter upon h
work, and shall not change his place
employment or residence without th
consent of the board of parole.
2. He shall onsthe first day of eac
month, until his final release, transm
to the board a report of himself, statir
whether he has been constantly ;
work during the preceding month, ar
if not employed, the reason for the sam
His report must show how much he hi
on hand and a general statement of b
surroundings and prospects. Such r
!. port must be indorsed as correct
his employer.
g.. He shall In all respects condu
himself honestly, avoid evil association
spend his evenings after workil
hours at home, aud, in general, condu
himself as an honorable and lawabidil
citizen and shall totally abstain fro
the use of intoxicating liquors, fro
smoking cigarettes, and from visitil