The Birmingham age-herald., 1923-01-24
Long of Butler Leads Losing
 Fight in House After Spon-
 soring Companion Measures Crediting Convicts For Pe- riod of incarceration in Jail REP. ST. JOHN LEADER OF OPPOSITION RANKS Author of Bill Denies Having Embezzler of Funds of State in Mind, Insisting He Was Actuated Through a Sense of Justice to Unfortunates
STATE CAPITAL BUREAU I
 THE AGE-HIRALD Montgomery, Ala. Jan, 23

Information on the floor of the house of representatives Tuesday that Theo Lacy, absconding chief clerk of the state convict depart ment, would be legislated out of the penitentiary through companion measures introduced by Rapresen- tative J. Lee Long of 43utler, caused the house to defeat the bill allowing convicts credit on thelr sentences for the time they served in the county jail while awaiting decision of the appellate court. The vote for the bill was is, while 70 votes were cast against it.
 Representative F. z. St. john of Culiman, openly charged that Theo Lacy would be able to quit the peni- tentlary during this year if the two books. He said he had made in vestlgation and foun1 that the mea- sure under consideration would give Lacy credit of 10 months and that companion bill providing that two sentences should be regarded as one sentence in computing terms all lowed for good behavior, would give Lacy credit for another IS months.
 Freedom By November
 Lacy has served since February, 1915, and according to Mir. St. Johns caluculation he would be released in October of this year. The bill pro- viding that sentences should be i,, tttf i'm r good behavior was adversed and is now on the adverse calendar
 Representative Long during the debate insisted that he did not have Lacy. or any other convict in mind when he introduced the bill, but had in mind justice to all persons who are sent to prison He said it IS right that persons convicted should { have credit for the time served in ai and that members of the legisla ture should base their vote on the justice of the matter rather than on the consideration as to the effect on any certain person or persons.
 Mir. Long made his fight alone and single handed and no other member of the house raised his voice in de fense of the bill but several made appeals against the enactment of the measure.
 Representative Rives of Jefferson started. the discussion of Theo Lacy when he asked MT. Long what effect the bill would have on Lacy. MT. Long answered that in so far as he knew it would have no effect what ever.l l
 Represent St. John then am nounced that he had made investi- gatIops and had found that the pas sage of the bill would mean that Lacy would end his prison career during this year through act of the legislature and after the governor lad said that he should complete terms totallng 16 years imposed for embedding state funds.
 Doubts Soions Rights
 "The governor now has all the power he needs and may release Lacy through pardon .or parole at any time" said Mr. St. John. This is matter which should be handled by him and it is not right for the legis- lature to legislate any man out of the pen,tentiary.
 Representative Sollie of Dale called attention to the fact that any person convicted of crime may now go to the penItentiary and begin sentence while his appeal is pending in the supreme court, receiving credit for the time on the sentence if the judg,- ment of the lower court is affirmed and being paid for the time served if his case is reversed He contended that there is no need whatever for the enactment Cf the bill.
 Addresses in opposition to the bill were made by Representative Fred Eite of Jefferson, D. T. Ware of Ran dolph, Mark l.. Jeter of Jefferson and Jacob A. Walker of Lee,
 Mr. Walker declared that the bill would encourage appeal because any persons convicted Of d crime would have everything to gain and noth- ing to lose by appealing to the su- preme court and that With the in crease in appeals there would be q greater protest against the delay in the meting out of justice.