The Semi-weekly Madison County Democrat. (London, Ohio) 1923-19??, 1932-07-05
LEGAL NEWS FROM
ATTORNEY GENERAL
I ! j. ! 4. s, 4. J. = !. J. +
Habitual Criminals

!
Persons imprisoned under Ohio's
new habitual criminal law are not
thereby denied the privileges of the
| parole and good conduct laws, Attor.
ney General Gilbert Bettman held in
ali opinion to p. L. A. Leighley
Cleveland, prosecutor of Cuyahoga
county.
Under the Ohio law persons serv-
ing life sentences as habitual Grim
inals are eligible for parole at the
end Of ID years. However, General
Bettman pointed out that whether
such parole be given or not rests
with the board of parole.
Although it was the common belief
at the time Of the enactment of the
habitual criminal law passed in 1929,
that the provisions Of that act pre-
vented third and fourth habitual Of
tenders from obtaining their liberty
until the expiration Of their sentenc-
es, General Bettman declared he
could find no provision either in the
habitual criminal act or the good
time statutes which would support
that conclusion or belief.
General Bettman declared it is the
purpose of modern penology to re-
form rather than punish prisoners
and it was for that purpose, no
doubt, that the parole board act and
the good time off statutes were en-
acted by the last General Assem-
bly,. The enactment of those two
laws to encourage reformation OF
persons convicted Of felonies, except
treason and murder in first degree,
was, no doubt, intended to apply to
habitual criminals as well as to
other persons confined to penal in
stitutions in this state.
Sues B0ndsmen
Attorney General Gilbert Bettmm
personally tried the ease Of Herbert
Dorger in the u. S. District court
at Cincinnati last week. In this ac-
ton, General Bettman brought suit
TO recover 100000 from the bonding
who were on the bond Of
Dorger, one of the paying tellers Of
the now defunct Cosmopolitan Bank
Of Cincinnati.
Everything realized from the suit
will go to the depositors of the bank,
which was taken over by the Fifth
Third Trust Company under an
agreement to pay 81 per cent OF
claims and the further agreement .
that everything realized over 50 per
cent on assets Of the bank should be
paid to the depositors. This asset .
IS a claim which was not transferred,
Bettman explained, so recovery would
redown directly to the depositors ana
hus increase the percentage coming
o them over what the Fifth-Thlrd I.
agreed to pay.
The action was instituted by Gen
,ral Bettman originally in the court
# common pleas Of Hamilton coun
", but was transferred by the de
'endant to the U. S. district court
Civil Service Rulings
Attorney General Gilbert Bettman
las rendered two opinions recently
the civil service.
County commissioners must APP
point a dog warden from a list of
.hree names certified by the civil
service commission as being the
three highest on the list for such po-
sition, Attorney General Gilbert
Bettman held in an opinion given tc
Paul Spriggs, Paulding, prosecutor,
Paulding county.
In another opinion, the bureau of
Inspection and supervision of pub
ic offices was told by General Bett-
nan that a police officer who has
,een discharged for misconduct in
,ffice cannot be reinstated to the
,ivil service and is ineligible for re
I,
Fleet Insurance
Employers may take out fleet
policy of insurance which includes
owned autos of their en-
,loyes, Attorney General Gilbert
3ettman held in an opinion to
Charles Warner, superintendent of
insurance, Columbus.
General Bettman declared such pol
cies which cover a number Of motor
rehicles and thus reduce the cost of
he insurance is not a discrimination
within the meaning of the Ohio
avs. General Bettman pointed out
hat the amount of the premium
must appear plainly on the face of
he policy.
Jail Matron
When the probate judge fixes the
X .,,,v of = ia;I n. afpo,9 xyit him tho =