Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-18
SUPREME COURT LETS lT BE
KNOWN IT is HIGHER THAN
PAROLE BOARD.
REDUCES MANS SENTENCE
FOR FEAR BOARD WILL NOT
Justice Preston Writes Opinion Of Wide
Interest to Public and Courts-Court
Not to Interfere With Decisions Ex-
cept in Extreme Cases Where JUS
tioe Is in Danger Of Being Obscured.
Special to Times Republican.

Special TO Times Republican.
Des Mones. March 1S-The supreme
court of Iowa is not willing to leave
entirely to the parole board the matter
of determining the length OF term of
man under sentence, at least not in all
cases. as shown by what the court did
yesterday in the case of Charles Coop
er, of Scott county. The statement of
the court in this case VIII be OF inter-
est all over the state.
There is no assignment of error
that the Judgment is excessive, SAID
the court. 1T is suggested in oral ar
gument. Defendant was sentenced 20
seven Years in the penitentiary. Under
the statute ne could have been given
n Jail sentence. From what we know
OF the circumstances OF the case, to
serve a term of seven years, would be
too harsh punishment. 1t is not to
be supposed that there was any inten-
ton that he should serve the full term.
There may be circumstances sur
rounding the defendant, his history and
conditions, which would justify len
iency, or even a pardon, but which
would not be properly shown in the
record of the trial, or there may be
circumstances against him which would
clearly be improper and prejudlcial 20
show in the trial Counsel for the de-
PENDANT assert that defendant is of the
highest standing The state, in answer
TO this, says that there is another in
dictment against the defendant for
embezzlement. This is admitted by
the defendant, but he says the cir
Gums stances We're such that an indict-
ment ought not to have been found,
and that it has or will be dismissed.
But this whole matter is outside the
record The point l want to make is
that such things are proper to be con-
sidered by the board of parole. The
theory. or one purpose. as understand
it, of the indeterminate sentence law
is 10 permit more thorough eNamin-
alton Of such matters and then deter
inmate what. under the facts in each
case the punishm ent ought TO be. OBJ
tanning money by false pretenses. tho
the amount is not large is not petty
offense by any means. | would he
willing 10 leave the entire matter OF
punishment to the board of parole and
the governor. I am willing 10 assume
lldC IllSN nave sIIc same ScliSt VI u "a -
as the court. We have the power to
modify the judgment, still il seems to
me the power ought to be exercised
with caution. We ought not TO assume
too much the functions of the board
of parole. the governor, the legislature.
trial courts and trial jurors. A ma
jority of the justices think the juds-
ment should be reduced and that il is
their duty to determine whether the
sentence shall be TO the penitentiary
or Jail and it is reduced to six months
in Jail.
The opinion was written by Justice
Preston. and the peculiar wording
might indicate that as originally framed
it was going TO be a refusal TO change
the term of sentence, later that the
change was agreed upon. 1t was con-
Cured in by all except Weaver, who
did not consider it, and by Chief jus
tice Deemer. who appends note OF
protest against taking the matter out
Of the hands of the parole board.
Incidentally the opinion scores the
attorneys for defense for injecting OF
matter into the argument which had nc
place there.
Cooper is a lawyer who was con-
victed of passing a small worthless
check In his behalf it is claimed he
was driven TO the point Of insanity By
troubles.