| Show CONVICTS MAY BE FREED NEW POINT IS RAISED AS TO VALIDITY OF CONVICTIONS Claimed the Amendment to the District Dis-trict Attorney Act Did Not Become Effective Until May 13tlx A point is being raised In criminal cases in which convictions were had since the amendment to thc law empowering em-powering District Attorneys to file In formations was passed which Involves the validity of all the convictions from February 14th up to May 13th when the amendment was published with the other laws passed at the late session ses-sion of the Legislature The point will be brought before the Supreme court in the cases of Joshua Lewis and Jesse Reynolds who were convicted in the Seventh Judicial district and sentenced each to two years Imprisonment for having criminal intercourse with girls under the age of consent Attorney Soren X Christensen who Is preparing the brief on behalf of the defendants In their appeal contends that the amendment to the District Attorney act did not become operative until it was published notwithstanding notwithstand-ing that the amendment had the emergency emer-gency clause providing that it should go Into effect when approved In support sup-port of his contention Mr Christensen relies on section 25 article G of the State Constitution which provides that All acts shall bo officially published and no act shall take effect until so published nor until sixty days after the adjournment of the session at which It passed unless the Legislature Legisla-ture by a vote of twothirds of all the members elected to each house shall otherwise direct More than twothirds oC thc members mem-bers of the Legislature voted that the amendment should take effect whei It was approved by the Governor which was on February 14th but Mr Christensen Chris-tensen contends that the constitutional constitution-al provision means that all acts must bo published before they can become effective and that the proviso that twothirds of the Legislature may otherwise oth-erwise direct applies only to waiving the sixty days after the adjournment of the Legislature and does not waive the publication The amendment was published on May 13th and It Is contended con-tended In the brief that the convictions convic-tions on Informations filed by District Attorneys before that date are void The same contention would apply to1 all other acts and amendments which had thc emergency clause that they go into effect when approved This Includes In-cludes the amendment to the bill for foes for filing Incorporations by which the State received large fees from the San Pedro Salt Lake Los Angeles Union Pacific and other railroads and incorporations If thc point la sustained sus-tained It would follow that the fees so collected would have to be returned It Is the first time the point has been brought before the Supreme court and the decision will be looked for with interest Secretary of State Hammond dpcs not think thc contention will be sustained sus-tained It was raised he says by thc attorneys for the railroad companies when acts affecting them were passed and after investigation the position was considered untenable District Attorney Elchuor takes a similar view to Secretary Hammond and Is very confident the amendment to the District Attorney act Is valid |
