The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1910-02-24
PAROLE LAW IS VOID
ILLINOIS SUPREME COURT
KNOCKS OUT STATUTE IN
JOYCE CASE.
1T VIOLATES CONSTITUTION
Decision Puts In Force Former Law
and VIII Not Effect Confined Pris-
oners-SnelI and Warner viii
Cases Decided.

Springfield, Ill.-The supreme court
! Wednesday decided that the act Gre
ating the state board Of parole and
giving the state board of pardons
power to parole prisoners was uncon-
stitutional. The case decided was
that of Joseph Joyce, who was con-
victed of grand larceny in the Cook
county criminal court at Chicago and
was sentenced to an indeterminate
term in the penitentiary at Joliet, or
until he was paroled by the state
board Of pardons.
The supreme court reverses the
judgment of the criminal court of
Cook county, holding that the act Gre
ating the state board Of parole is un-
constitutional because it violates Sec
tion 16, article 4, of the constitution,
which provides that an act making
appropriations for the salaries of
members of the general assembly and
tion on any other subject, The act
creating the state board of parole
made an appropriation for their sal
aries In violation Of the constitution.
According to an official opinion Of
Attorney General Stead the decision
of the supreme court is practically
inconsequential."
The court held that the indetermin
ate and parole law of 1899 is invalid
but at the same time the court auto
matically brought to life the former
law of 1897 and declared it in full
force and operation.
The effect of this decision will not
be felt by prisoners now in peniten-
tiary. While true they have been SEN
fenced under an invalid act, If they
object, they will be remanded back to
their trial court by the supreme court
with instructions to resentence them
under the old law of 1897.
The courts decision does not affect
the state board of pardons except as
to its salary. 1t remains intact with
practically the same functions 1t pos
sessed since its organization. The
only change is that under the law
now in force it has only recommends
tory powers in parole matters. The
court which tried the prisoner and the
governor must first approve the
boards recommendation before the
prisoner can leave the prison.
The only persons affected by the de-
cision are the prisoners who have
been paroled and are now at liberty
under the invalid act of 1899. What
will become of them, what procedure
will be followed and what their status
is the court refused to say.
After three trials in the Dewitt
county circuit court and two hearings
in the supreme court, Richard Smell
wins in the contest to break the will
of his father, Col. Thomas Smell, the
eccentric millionaire of Clinton.
The supreme court affirmed the
judgment of the circuit court of De-
witt county. The lower court had held
in favor of Richard Smell, who had
been disinherited The supreme court
holds that Col Smell was influenced
against his son when he made his
will, which was in favor Of his grand
niece, Mrs. Mabelle Smell Mcnamara
of Kansas City.
On the first trial the jury disagreed
and on the second trial 1t held that
Smell was insane when he made the
will. The supreme court reversed this
judgment and on the third trial the
jury found that Col Smell was of un-
sound mine. This opinion is sustained
by the supreme court in affirming the
judgment of the lower court.
1t was held by the lower court that
the trust created in the will of John
Warner of Clinton in favor Of his son,
Col Vespasian Warner, was void be-
cause the will provided that the trust
continued Is years after the will was
admitted to probate, it being asserted
that the will might never be admitted
to probate and that the trust therefore,
would be void, because / might con-
tinue indefinitely, by violation of the
rules against perpetuation. The su-
preme court held that the trust was
uOI NOlu, DuL was Ndllu lOI TIE pSFlOu
fixed by the will.
Springfield, Ill.-Attorney General
Stead gave notice Friday that early
next week he will file with the su-
preme court a petition for rehearing
in the case Of the people VS.. Joyce, in
which the parole law Of 1899 was de-
clared invalid.
Pending disposition of this petition
the courts decision is imperative.
The principal object of the attorney
general in this action is to get from
the court a clear and unequivocal de-
cision on the effect of the opinion on
those state boards and officers in
whose creative acts their salary was
fixed.