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Show TO TEST ITS VALIDITY CoiiMliuilonnlliy r the Iiidetcniilimte Uiu Qiiollonett At 'loll. The eonstltntlonnllty of the Indeterminate Inde-terminate sentence law of this stale Is challenged In n petition for u writ or habeas corpus filed Tuesday In tho Third District court nt Halt l.uko City Hheldon C. Mutnrt, an Inmate of tho stato prison, Is plaintiff and Warden Arthur Prntt Is mndo defendant on tho ground that tho plnlntlff Is lielng restrained of his liberty by thn warden war-den In the pntltlon It Is contended that the plaintiff Is being Illegally detained for tho reason that ho was sentenced for it deflnlto term of nine mouths, which time has expired. Mutnrt was committed to tho state prison on Hep-teniber Hep-teniber 34, 1914. ufter having plesdrd guilty to n charge of attempted robbery rob-bery anil nftrr having been sentenced to serve a term of nlnu months Hee. 3 of Chap. 100 of tho Hesslon Utws of 1913 provides, however, that a sen-trnco sen-trnco for it dellnlto term shall, nevertheless, never-theless, bo construed ns the Indeler m Ina to sentence. Attorneys representing Mutnrt ton-tend ton-tend that tho discretion which properly proper-ly belongs to tho court Is therefore withdrawn und Imposed upon the stuto bourd of pardons, und Hist tho board, whloh Is primarily mi executive execu-tive Institution. Is niiido to nit Improperly Im-properly us n Judicial hod) The petition contends that Chap. 100 Is void nnd of no effect |