The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-02-09

county. In attempting to escape he
kills the man put by the contractor TO
guard him. He may be tried before
The circuit court of the city Of Rich
mond. and by a jury summoned from
the city.
-. The bill Of rights. though made
a part Of the constitution. has the
same force and authority. and no
more, than it has always had. And
the principles which it declares have
reference to free men and not 10 con-
victed felons.
80. \ convicted fclon has only such
rights as IN" statutes may give. to him.
-. \ person convicted Of felony and
sentenced to confinement in the peni-
Tertiary. is. until the time Of his i'm
prisOnmcnt has expired or no has been
hardened. in contemplation Of law. in
the p~cn;I"ntiary, though he may a Y
been hired out To work on Il railroad
or the like in n distant county. And tn"
laws relating 10 a convict IN the peni-
Tertiary apply 10 him."
For the purposes of this article !
would call special attention TO In" last
sentence in the above quotation. And
the laws relating to 4 convict in the
pcnItcntiary apply to him ,thc con-
NiCt.D
Section | OF Chaptcr lGI of the Cod"
Of West Virginia reads as follows: All
criminal prosecutions against cOnNIctS
in the pcnitrrtiary snail be in the cir
cult court Of Marshall county" This
language is copied from the lode of
1850. save III" place mentioned. which
= II .,, - Ntrrinfn tray th. gitE nf
Richmond.
The ConStituliOnalIty Of this provI-
sion as to III" trial of cunvicts has been
upheld by our state supreme court Of
appeals in the ease Of State rs. Graham,
IS W. Va. rs. Graham ~. State OF w.
Va. ~, /. ). Reports So. Soc also King
". LyHn. % Va. 3ij.
/, Fromr these and oth"r decisions 1t
Will he perfectly apparent to tn" attor-
nry that the trial Of Griffith. even for
the murder Or ROuSh committed in
Mason county. can hc held only in
Marshall cuunty. W. Va. before II jury
OF qualified Marshall county citizens
hut this may not he so apparent to the
layman for whom this article is writ
ten. hence Il short explanation may hG
necessary.
When Il man or woman Is convicted
of a felony and sentenced to COntin"-
mcnt in the n~cnitcntiary, ne or she is
dead in the eyes Of the law during the
time he or she is serving such sen
tcnCc. and such a convict can have only
such rights under the law as arc given
by the statute law. aud can he tried and
convicted during that time only for
such offences as the statute may pre-
scribe and In such courts as are pro-
ridcd by the statute.
The bill Of rights. to which We look
for our freedom and protection. is 4
declaration of r'n"rHl principles to
govern n society of fire. men, and not
of convicted rclonS who are CiNilly dead.
Such men have some rights, II is true,
such as tho law in its hcnignity nccordS
to them. but net the rights OF FIRE" men.
They are the slaves Of the state under
going punishment for cinou crimes
committed against the laws OF the
land. While in This state Of penal SER
vitudc they must be subject TO the rcSu-
lations Of tho institution OF which they
are inmates and the laws Of tho state
to whom their services are due III rN-
piation Of their crimes.
When a convict in the pcnltcntiary,
while undergoing punishment for the
crime OF which pc WAS convicted. com
mitS other offences, it is unQucstionably
in the power Of the state to which his
penal scryitudc is due to prescribe,
through its legislature. the mode Of
punishment as we'll as the place and
manner % his trial. This the state has
lone by providing that such trial shall
be held and conducted in the circuit
court Of Marshall county.
As a matter Of convenience as well rs
nr manifest necessity. that special juris-
diCtion must be cor :crrc' upon the
courts Of the county wherein the Peni-
tcntiary is located.
To remove him to a distant county
for trial for Il second offence while nc
is undergoing punishment in the pcni-
tertiary under a conviction would de-
feat the very object OF the law which