Show TESTING A NEW STATUTE THE U S prosecuting attorney Attorn py has raised a point in connection with the recently enacted law to lessen the terms of sentence of convicts tor for good conduct he claims that if it is construed to operate betro retro retroactively actively it wil render the act invalid under the more liberal construction mr aurelius miner would have been liberated from the penitent penitentiary liry this mornin momin lt the law in question allowing him four more ampre days on the term of six months than the old one As a consequence the gentleman etleman named was wag to be taken before fe 0 r e judge zane this afternoon on a writ of habeas corpus when the point at issue would be judicially tested there is no room for doubt that the bill was intended to apply in the benefits it confers to all terms pending at the date of its passage and approval the following is the section in point 6 0 this act shall take effect forthwith after its passage and approval and all terms of sentence then pending shall be treated in accordance with tile me foregoing provisions the intent being clear the question of constitutionality is the only one to be settled the point is dealt with in specific directness in chases blackstone second edition page 11 it is there plainly stated that a statute of that clia character racier including its retroactive operation is constitutional when it merely mitigates the punishment without changing its character such is the case with this law exactly it does not nol change the nature of the punishment ish ment but merely reduces its severity the new law is wise and humane and strictly in keeping with the more modern methods oi of dealing with criminals being essentially reformatory in holding out our a hope of reward it gives ives the convict an opportunity to show by his actions whether he ae purposes leading a better life and it il he be demonstrates that he purposes refraining from criminality there is no danger to society in his being set at liberty it if this be true as relating to future cases it is much more st so with regard to those now pending for those now in prison who would benefit by a retroactive tro active operation have conducted themselves with commendable circumspection spec tion even in the absence of a more birely reward for taking that course to deprive anem of its operation would look very much like unjust j discrimination several have been already berie fitted by ts back action and seeing that its constitutionality is so strongly sustained authoritatively it is to be hoped that there will be no nu judicial straining to render it nu nugatory atorY either in whole or in part 0 those who have perused the act attentively tent ively will have obber observed ved that its more liberal benefits are accorded to long ter mers those conferred cont erred upon persons sentenced for a short time lime being comparatively small for instance the dif difference ferenze made by it in excess of the shortening aing process of the old law in a term of six months is a period ot of four days it cannot therefore be held consistently asisten that the bill was elior framed for t the lie benefit of mormon convicts the judgment iu ia cohabitation cases being limited in every instance to half a year should the new law be rendered invalid by a strained construction it will appear as if every particle of human sympathy tor for the unfortunates had fled from some mens souls it will also seem as it some persons took a special delight in sitting on the tall end of progress and shouting whoa 11 the new statute is a measure that confers benefits upon a large number 1 of unfortunate people and inflicts no wrong upon any other class |