Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-19
EFFORT 70 sE MADE TO lNvALI.
DATE INpErERMINArE SEN.
TENcE STATUTE.
DISTRICT JUDGES HAVE
NO LATITUDE WHATEVER
Gross Injustice to Prisoner Claimed in
Case Brought BY William Mekinnon,
Under Sentence for Raps-Gift to v.
N. G. A. Sustained by Supreme
Court.
pecial to Times-Republican.

Special to Times Republican.
Des Moines. Sept. 19.-While the SUI
preme court Of Iowa has in number
Of different cases affirmed the validity
OF the Iowa legislation In line with
modern reformatory methods in penal
statutes. involving the indeterininate
sentence and parole plan, a case has
just been filed in which the court will
be asked to take out OF the law its
most important element. that of the in
Discriminate sentnece. The Iowa law,
however. has only a partial application
Of the indeterminate sentence idea.
In the case just appealed one Will
liam Mckinnon sought to escape from
the Fort Madison prison by appeal to
the courts with writ of habeas corpus
against Warden Sanders, in which he
claimed that he was illegally detained
in prison. He was sentenced for rape
! and the commitment read he should be
detained in the custody Of the warden
until lawfully released therefrom."
The law of the state provides that
except for crimes which call for life
sentnece 1.-The court imposing SEN
tence Of confinement in the penitentt-
airy shall not fix the limit OF duration
Of the same but in no case shall the
term be longer than that defined in the
code. In some cases already decided 1t
has been held that where judge has
sought to fix shorter term than that
defined in the code the court order is
of no value whatever. but the commit
ments in all cases are for an indeter-
inmate period, dependent on the code
and the parole board.
The whole theory of the law OF Iowa
is that the matter of fixing the limit
of term in prison is taken out OF the
hands of the district judges. They have
no latitude whatever.
But in the McKinnon case 1t IS
claimed that this taking of the matter
out of the hands of the judges Is all
wrong and the commitment which
would leave the man in prison until
such time as the code says he must
be let out. or until such time as the
paroling authorities, after full investf-
CATION, shall decide the term should
end. is a gross injustice to the prison.
ers. Il the court should hold that the
indeterminate feature Of the Iowa law
is void the state would be set back
dozen years in the matter of reform
in the penal statutes.
Gift to Y. NJ. c. A. Sustained.
Ex-senator Shirley Gillilland and Elk
Attorney General John Y. Stone had
spirited argument before the SUI
preme court on a motion of the latter
for rehearing OF the case In which the
courts sustained gift of $4,000 from
a woman for the use Of the Y. M. G. A.
in Glenwood.
Senator Gillilland explained the whole
transaction to the court, as he was per-
sonally most interested. He had been
called by the woman to advise as to
the disposal of her property. as she had
known the senator all his life. and the
woman and the senator's mother were
lifelong friends She wanted to leave
some property for the benefit Of the
young people of Glenwood and sug-
Rested schools or college and then
there was discussion Of churches. but
finally she adopted readily sugges-
ton as to aid for a T. NJ. c. A.
+. The Will was contested by collateral
heirs and the claims made OF undue
influence, unsound mind and intoxica-
ton: all Of which the lower court and
the supreme court both have refused
to believe.
It is the intention when the bequest
is made available to erect Y. M. G. A.
building in Glenwood.
Division Of Supreme Court.
This is the way the supreme court
of Iowa is divided:
First division-Chief Justice Weaver,
Justices Deemer Gaynor and Withrow.
Second division--Chief Justice
Weaver. Justices Ladd, Evans and
Preston.
This division was for the first time
announced Yesterday when at the close
Of the grist of arguments for rehear-
ing the court divided for the first time
for submission OF cases to part OF
the court The members of the first di-
vision listened to arguments and Will
hear arguments each day. all day. un-
til the arguments are finished. JUS
tees Laid and Preston retired to the
consultation room for worl. on cases
submitted. Justice Evans is absent
this week because of death OF broth
er. Next week members Of the first
division will retire for consultation
and those Of the second division viii
hoo.