Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1912-08-28
BULLARD CLASHES
WITH JUDGES ON
NEW SENTENCE LAW
Attorney General Says Pris-
oners Must Get Interme-
date Terms; Jurists
Stand Pat

TOMBSTONE. Aug. 27:-What Is
the law, or which law governs?
That is the question that at present
is causing a controversy between the
court officials of Cochise county and
the attorney generals office at Phoe-
nix. over sentences pronounced last
week by Superior Judge Suffer on the
seven prisoners who had entered
pleas Of guilty In the superior court,
and had been sentenced TO serve one
year each for their respective crimes.
When Deputy Sheriff Howe arrived
at the prison with the prisoners on
Thursday last he was notified BY the
prison authorities that the commit
ments which had been made out In the
superior court were not legal, in view
of the fact that the intermediate sen
tence law, passed by the last legisla-
tnre had gone into effect on the day
If Aug. IA: that as the prisoners hal
b,en sentenced under the old Law the
sentences were not legal The pris-
oners were temporarily accepted pend
ing the mater being presented to the
Attorney General. The Attorney Gen
eral wrote TO Superior Judge Suffer
that under the new law the prisoners
would have TO be returned TO Tomb
stone and Tesentenced.
The court looked into the matter
and dug up a case from Massachusetts,
That had direct bearing on the point
n question and cited the Attorney
General to the fact A telegram was
received today from Billiards. assist.
ants in Phoenix stating that Billiard
was out OF town but that they were
satisfied that the Judge was correct
in his contention.
The point In question was whether
or not the court had a right to sen.
tence a man for a definite term Of
years under the old law after the new
law had gone into effect, which proyid-
ed that he must give him an inter
mediate sentence.
Judge Suffer maintains that accord.
ing to his view of the law. which is
upheld by the Massachusetts case
that the court had no other jurisdic-
ton than to sentence the prisoner I'M
der the law that governed the case
at the time the crime was committed
and that the same would hold II the
punishment had been changed that
the prisoner was governed by the law
as II stood on the statue books at the
time the crime was committed.
Cochise officials intend to stand pat
on this construction of the law and
will make test case out OF IL if nee
essary, before the supreme court, as
they do not intent 10 put the county
to the expense Of going to Florence
and bringing the prisoners back here
to be resentenced and then taken back
again. roe ..I.-
The case applies to two prisoners
who were delivered at the penitentiary
the same time AS were the Cochise
prisoners and Pima officials have TAX
en- the same stand in the matter and
refuse to resentenee unless compelled
to do so by the supreme court.
The new law OF the intermediate
sentence compells the court to SEN
tence the prisoner to the minimum
and maxium penalty as is provided
for the punishment OF the offense by
the statutes and IL then is up to the
pardon board TO determine the length
of time he shall serve according to
his conduct at the prison. II also re-
quires the court or County Attorney
to send with the commitment a
short history of the prisoner, his past
record and etc.