Show THE SUPREME BENCH I The Ruderer Clawson Writ of Habeas Corpus Refused A brief session of the Supreme Court was held yesterday morning when the application for a writ of habeas corpus in the case of Kudger Clawson was argued The applicant was represented repre-sented by Col Broadhead Judge Sutherland and Mr Moyle The motion was made to secure credit for Mr Claw son under the new copper act for good behavior instead of under the old law which provides for more commutation for prisoners confined in the Penitentiary Peniten-tiary The statement of the case was presented pre-sented in a clear and logical manner by Judge Sutherland in which he claimed that the new mw should be applied to Mr Clawsons case aud that under it his term of three and a half years should be held to expire on the 18th of last of May and the six months term in addition thereto should have ended last Tuesday the 16th The Judge argued that the courts decisions de-cisions in former ca es that the law could not affect prisoners then in custOdy cus-tody related only to Territorial prisoners prison-ers it could not be extended to United States prisoners but under the law of Congress of 1875 the commutation act in force at the time the prisoners sentence sen-tence expired was the only one applicable applic-able The act which existed at the time the sentence was pronounced could not be followed for it had ceased to be a law but the provision that should be f made to apply was that which was operative at the time the prisoner was entitled to claim the credit of commutation commuta-tion for good behavior District Attorney Peters opposed the application in a brief argument hold ing that the present copper act having gone into effect since the passing of sentence sen-tence could not be made operative on that sentence without interfering with the judiciary Colonel Broadhead claimed that the application of the new act did not impair an existing legal judgment The act of Congress was made by its own provision provi-sion to apply toall prisoners who have been or shall hereafter be convicted and said that they should have the benefit of the local commutative laws The right of reduction of time for good behavior was fixed by Congress not by the Territorial Legislature and it was und r the action of the former that the applicant made this claim That law had been in force before the passage of the judgment The prisoner could not claim a discharge as a United States prisoner under the old Copper law because it was not in force at the time that he could present his claim The only commutation which he could ask under the Congressional act of 1875 was that allowed by the local statute at the time he was eligible o apply for it and no other because no other was in force The applicant claimed his rights under existing statutes The proposition was plain that Mr Clawson was entitled to his discharge The District Attorney had read from two authorities in opposition to their claim but both those authorities author-ities had been revi > wed and their bad reasoning shown in a subsequent and more careful decision rendered by the Supreme Court of Ohio Judge Sutherland b re suggested toy the Court the fact that be Ohio decision deci-sion changing those quoted by the district r b dis-trict attorney ir 1 > u t ort of his present position had been pro ured through the efforts of Mr Peters himself The Court took the matter under ad vistment until 4 p m to which time recess was taken At 4 oclock in the afternoon the Court refused to grant the application Ten days time was granted to file a petition for a rehearing in the case of Enright vs Kelly The Court then adjourned until Sat uriiay evening November 5th at 7 oclock |