The Washington times., 1922-05-18
Supreme Court Holds 'Hard
Labor" Sentence Illegal
-. In Test Case.

Two hundred prisoners now In
carcerated in the workhouse at oc-
coquan probably will be released
following the action yesterday Of
the United States Supreme Court
In reversing the Juvenile court,
which sentenced . man to six
months ut hard labor without
giving him the benefit Of q grand
jury investigation. .......-sE
80 Decision Sweeping.
Hundreds Of prisoners held in
various penal institutions of the
country on sentences from Federal
courts also win take advantage Of
the decision.
The Police Court OF tlss Distric,
OF Columbia viii be virtually wiped
out and petty criminals win get q
new lease on freedom.
The District Supreme Court cal
endars will become 30 crowded, due
to the effect of the decision, that
II will he several years before theil
already crowded dockets can bt
cleared unless several additional
judges are provided by act OF Con
gress.
These are some of the conclu
sions drawn by Washington attor
neys from the high courts decision
and hundreds Of pending cases VII
be contested along these lines.
The decision In question wal
based on the appeal Of Charles
Moreland. who was sentenced by
Judge Kathryn Sellers, Of the Ju
venile Court. to six months hard
labor for non-support. The point
at issue was whether or not hard
labor could be construed under the
law as Infamous punishment.
Jury Inquiry Required.
The high court held that hard In
Dor is infamous punishment and
the defendant is entitled to q grand
jury investigation.
A grand Jury investigation 10 moi
possible under the Juvenile court
law. Only the District Suprcms
Court has a grand jury. This means
the transfer OF all nonsupport case,
to the Supreme Court.
The high courts decision apple.
to all Federal courts. All courts ir
the District of Columbia are Fed
eral courts, which means that tht
local police courts will come under
the provisions Of the ruling. loca
lawyers say.
Attorney Foster Wood, counsel 70,
Moreland, took the case from the Ju
venile Court to the Court of Appeals
which reversed the lower court and
ordered the complaint against the de
fendant dismissed. The Corporation
Counsel Of the District Of Coiumbis
then took the case to the United
States Supreme Court.
Mr.. Wood stated uoday that he hat
already secured the release OF twelv,
defendants from Occoquan by habea,
corpus proceedings. They were giver
their liberty pending the final deci
sion Of the United States suprem,
Court.
The twelve defendants in aues
ton, under yesterdays decision
will be given the advantage of 9
grand jury investigation, and II In
dicted will be tried in the Distric
Supreme Court.
All liquor violation cases for tn,
first offense carry merely a fine
They may be tried in the polio,
court. For second and subsequent
offenses. the statutes say fine Of
imprisonment or both" Wher'
imprisonment" 10 specified, law
yers will contend the police court
will have no Jurisdiction since tn.
cases then become indlctable, which
automatically removes them from
the Jurisdiction OF the lower court
The only course left open Is 70
Congress to pass law amending tn,
Federal statutes 30 as to strike ou
the clause hard labor" Mr.. Woo,
explained today.
The population Of the worithous
at Occoquan today was 2sS, II wai
said. OF this number about 200 wer,
sentenced without being indicted b!
a grand jury.
The Supreme Court decision Il
based upon the fact that no persor
could be imprisoned at hard hbol
without such an indictment b,
grand jury, because the punishment
brought the crime under the cAse
U NOrv of sINfa r,Ot.- rrff,e~ -