Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-02-18
PAROLE Law IS VOID
ILLINOIS SUPREME COURT
KNOCKS OUT STATUTE IN
JOYCE CASE.
IT VIOLATES CONSTITUTION
Decision Puts In Force Former Law
and Will Not Erect Confined Pris
onsrs--Snell and Warner VIII
Cases Decided.

opTlnSHelu, ILL., nc supreme COuTI
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 ere.
ating the state board of parole is un.
constitutional because It violates sec
ton is. article 1. OF the constitution,
which provides that an act making
appropriations for the salaries Of
members of the general assembly and
state officers shall not include legisla.
ton on any other subject The act
creating the state board of parole
made an appropriation for. their sal.
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. II 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 1t 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
n 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 Shell, 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
uICCS, MI MoUCAlC NhCiA -
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 I'M
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, 1t 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 SUI
preme court held that the trust was
not void, but was valid for the period
fixed by the will.