Show PRISON RELEASE RULE ATTACKED A TT p Charges that there is hi something wrong when one convict obtains his bis release from tho sll state tc prison under provisions of good conduct statutes interpreted ed by tho the attorney attorney ney general and an another ther convict whose whoso similar rights have been violated has to serve sene the full ful term of his maximum sentence were made Friday by Attorney W. W L. L In Third district court Beezley appeared before Judge Roger I. I McDonough to argue a petition pe pe- pe- pe for a 1 writ of habeas corpus in behalf of Frank Turner sen- sen September 9 9 1933 at Logan to a term of six months to three jears ears for third degree burglary Turner alleged he should have been released eight months ago under under under un un- un- un der statutory provisions allowing time off oft for good conduct His term will wiil terminate September 9 Provi Provision ion Discretionary Judge McDonough decided good conduct provisions pro of ot the tho statutes are discretionary powers which Ho Ito With the board of ot pardons and In Indicated Indicated indicated in- in he Vo would ld dismiss dismiss' the petition petition peti peti- tion filed Wed by Turner and quash the alternative writ TIt citing Warden Varden R. R E. E Davis to show cause why Turner had not be been n released During the course of his argument argument ment Beezley recalled that several months ago a convict was released by tho the warden den with certain allowance allowance allowance allow allow- ance being made nado na c for good conduct Tho The attorney said the action was taken after the attorney general had given the warden a legal opinIon opinion opinion ion Interpreting ting statutes covering the situation Name of the convict was not mentioned Attorneys Differ Grover S. S Giles assistant attorney general told the judge ho he had no knowledge of the incident to which opposing counsel referred Giles recalled that since enactment enactment enact enact- ment of tho the indeterminate sentence law Jaw in 1919 the warden has never certified to the board of pardons names of convicts eligible for release under good conduct provisions of statutes Beezley claimed it is through negligence negligence neg neg- and failure on part of Davis to make such certification in m Turners Turner's Turners Turner's Tur Tur- ners ner's case which has resulted in inthe inthe inthe the prisoner failing ailing to receive good time credits Rest With Board After nearly two hours' hours argument on en the law Judge McDonough ruled the statutes are arc so worded that good conduct provisions are are invoked only at discretion of the board of par par- dons The judge intimated that a mandamus proceeding against the warden to compel him to certify Turners Turner's case to the board may maybe be applicable It was th than n that Beezley called attention to the fact that tho the board of pard pardons ns does not meet again until September 19 and that Turners Turner's Turners Turner's Tur Tur- ners ner's sentence will expire normally i ion on September r 9 9 leaving the prisoner without recourse despite th the fact that his rights appear admittedly to be violated Two similar cases are pending in supreme court in behalf of Mike Cordisco and Harry Edwards convicts convicts convicts con con- who cla claim aim Ir they are in a position position post post- tion similar to that of Turner |