The Leon reporter. (Leon, Iowa) 1887-1930, 1909-11-04
WARE PAROLE REVOKED BY
JUDGE TOWNER.
Court Holds That State Parole Board
Has no Jurisdiction, and Sends
Seymour Banker Back to
Prison.

Considerable comment has been
aroused among legal lights in this
state by the decision rendered last
week at Corydon by Judge H. NJ
Towner, in the case of Leroy Ware,
paroled by the state board of parole
several months ago, the judge hold
ing that the parole board had NO
authority to issue paroles to prison
ers sentenced prior to July 4, 1907,
when the indeterminate sentence
law went into effect. He ordered that
Wares parole be revoked and Ware
was returned to Fit. Madison and
again placed in prison. His attorney
has sued out writ of habeas corpus
before the supreme court in an effort
to secure his release, and the date
for the hearing of the writ is set for
Nov. 10th. The members of the
board of control claim that Judge
Towner's decision, he declared that it
not stand. The decision is so sweep
ing that it revokes all paroles issued
to convicts who were in the penitent-
larry when the board of parole took
their Office.
When Senator w. H. Barry, a
member of the board of parole, was
seen and asked his opinion of Judge
Towner'sdecision, he declared that it
would in no wise effect the board
THE board of parole" he said, lis
merely body appointed to carry out
the laws enacted by the legislature
The legislature passed a law estab-
fishing the indeterminate sentence
and making it possible for the board
to parole all prisoners sentenced I'M
der that law.
But in the same chapter the
board of parole is given the power
to pardon all prisoners not sent up
for life. 1t is merely given the par
doning prerogative which the gov
ernor formerly held.
THE decision of Judge Towner, if
it affects anyne, will affect only the
warden of the penitentiary, the pris-
oner and possibly the board of con-
troll
Judge Towner's decision is in part
as follows:
An examination of the chapter
makes it apparent that the act is not
series of unrelated provisions, but
single, unified scheme for the pun
ishment and treatment of condemned
criminals. The indeterminate SEN
tence feature is incomplete and i'm
possible of execution without the
parole, and the parole feature is but
part of and sequence of the in
should be considered separately was
not contemplated by the legislature
and they were indissolubly Joined by
the act. 1t is true that in section IA
the act provides that the board of
parole may establish rules under
which it may allow prisoners in the
penitentiary to go upon parole,
but such provision has nothing ex-
cept such general language to indi.
cate that it was to apply to prisoners
already within the penitentiaries OF
to those convicted of crimes commit.
ted prior to July 4, 1907 On the
contrary the section providing fol
the indeterminate sentence carefully
excludes from it's operation al
crimes committed prior to said date
The object of the creation of the
board is not to act only on these
particular offenses and follow clos,
upon such creations as part of tn,
same act
I'm section IA, the one which con
fers on the board the power O
parole, it is provided that no person
shall be released on parole before tn
expiration of the maximum term
| provided by the law for the punish
ment of the crime by which he wa
convicted, until the board of parol
shall have satisfactory evidence tina
arrangement has been made for hi