Show ATTORNEY GENEW RULES THAT 0 1 RD CANNOT 0 E H E L says parole stops re arrest on new complaint complain t signed here hopes of a vast majority of sevier county citizens that alfred J bird former assistant cashier of the state bank of sevier whose parole from the state penitentiary became effective today thursday after serving only two years out of his bis one to ten years sentence for embezzlement of the banks funds could be clapped back into jail on another count were dashed to the ground wednesday afternoon when the warden of the penitentiary phoned deputy sheriff A 0 hopkins that he had received an opinion from attorney general joseph chez to the effect that bird will be a w ward ard of the state during the period of his parole and will not be subject to arrest unless during that time he commits another crime there has been widespread op position tion in this community to bird being released at Ws this time and on june 4 1933 a committee commett ee of 13 depositors who represented more than half of the deposits of the state bank of sevier which was i closed by the state banking department part ment on january 18 1932 signed a request to the state board of pardons that birds petition for a parole be denied in spite of this and other protests the board did issue a parole to bird as of february 1 1934 the reaper published a front page editorial on september 21 1933 vigorously protesting against the release of this admitted embezzler who had wrecked such havoc with this community after serving only such a short term this article met with such an overwhelmingly favorable response from the people of this community that the editor was prompted to send copies of that issue of the reaper together with par personal letters to chief justice holland of the state supreme court and to governor henry H blood the governor replied that he had passed this letter over to attorney general chez who in turn replied that the letter was presented to the board of pardons and added 1 I wish to say for the board that mr birds sentence was not terminated nor commuted nor has he been pardoned or reprieved As you know a violation of parole revokes it at any time and the prisoner prisoners eris is thereupon re committed to prison to serve his term when the matter was brought up again before the board of pardons mr chez made the statement that af after ter the board had paroled a prisoner they could not revoke it unless some subsequent cause was given by the prisoners action I 1 local authorities felt that bird could be rearrested arrested re on another charge of embezzlement after his parole went into effect and a complaint was signed wednesday by mrs T F young and joseph L asbury alleging that bird embezzled something over from this bank on january 12 1932 the original complaint u upon p 0 n which bird was sentenced and to which he pleaded guilty was that he embezzled the specific sum of 1000 on january 7 1932 this second complaint was made out by county attorney T A hunt in the absence of district attorney 0 H R Ml chelsen from the city on that day and signed before justice S G dark clark who immediately issued a warrant for his arrest deputy sheriff hopkins phoned at once to warden R E davis of the state penitentiary to hold bird until sheriff fairbanks who had gone to ogden on other official business could re arrest him and bring him back here for trial on the new charge warden davis agreed to do this and then a short time later phoned e d mr hopkins that he had been advised by the attorney general as stated above local officials have not entirely given up hope that some action may still be possible against bird and it is even intimated by some citizens that the federal authorities may be induced to investigate his record of income tax payments bird allegedly admitted having embezzled more than froni from this bank over a period of eight years F even ven though this is fully gained it is said that it would guiv stil be necessary for bird to report it as his income and im d pay ky tax thereon the failure to pay proper income tax was what enabled authorities to place al capone in the penitentiary after various other attempts proved unsuccessful |