John Adams v. James Russell in the Matter of Pardons, Defts., in Err
| Citation | 57 L.Ed. 1224,33 S.Ct. 846,229 U.S. 353 |
| Decision Date | 10 June 1913 |
| Docket Number | No. 1048,1048 |
| Parties | JOHN A. ADAMS, Plff. in Err., v. JAMES RUSSELL, Warden of State House of Correction and Branch of the State Prison at Marquette, Michigan, and the Advisory Board in the Matter of Pardons, Defts., in Err |
| Court | United States Supreme Court |
Mr. Fred A. Baker for plaintiff in error.
Mr. Grant Fellows, Attorney General of Michigan, and Mr. Thomas A. Lawler for defendants in error.
Error to review the action of the supreme court of Michigan, denying plaintiff in error a writ of habeas corpus.
The facts, as alleged in the petition, are these: Plaintiff in error was convicted in the recorder's court of the city of Detroit of the crime of seduction, and sentenced to imprisonment for not less than two and one-half years, and for not more than five years. The case was reviewed by the supreme court of the state on a bill of exceptions and a writ of error, and the sentence and judgment of the court below affirmed. Pending the writ of error, he was released from imprisonment, but after his sentence was affirmed he was recommitted to prison, and ever since has remained there. He duly made application to the advisory board of pardons for a parol under act No. 184 of the Public Acts of 1905, as amended. On December 5, 1911, the board granted and delivered to the warden of the prison a certificate or warrant of parol by which he was paroled 'for two months from and after January 29, 1912.'
On December 11, 1911, the action of the board paroling plaintiff in error was vacated, for the reason, as the records show, that it was at that date 'in possession of facts not known at the time of such action.' The warden was notified of the action of the board.
This action of the board was without notice to plaintiff in error, and gave him no opportunity to be heard or to disprove the charge or facts alleged against him.
Having served his minimum sentence, and having been granted a parol, he is not now imprisoned on any process, judgment, decree, or execution specified in the 8th section of the habeas corpus act of the state.
On March 5, 1912, he presented a petition for a writ of habeas corpus to the supreme court of the state, in which he set up the facts of his case as above stated, and alleged the illegality of his imprisonment as follows: (1) The advisory board has no jurisdiction or authority to vacate the parol granted to him, the power and authority to retake and return any paroled convict to the prison being within the exclusive jurisdiction and discretion of the warden or superintendent of the prison. (2) If the indeterminate sentence act is construed to confer such power upon the board without notice to the convict, then said act is in of the state, which prohibits cruel and of the state, which prohibits curel and unusual punishment or the taking of life, liberty, or property without due process of law, and against the due process and equal protection clauses of the 14th Amendment to the Constitution of the United States. (3) If so construed, the convict would be twice punished for the same offense. (4) The indeterminate sentence act and the rules and regulations promulgated thereunder contemplate that a convict's parol will not be annulled except when he violates the terms and conditions of his parol or the rules and regulations. (5) His term of imprisonment has expired.
The supreme court, instead of granting a writ of habeas corpus as prayed, granted a writ of certiorari to inquire into the cause of detention, under the authority of § 9889 of the Michigan Compiled Laws of 1897. The court also granted a common-law writ of certiorari to bring the record of the advisory board before it, and both writs were made returnable April 2, 1912.
Returns were made to the writs, which plaintiff in error traversed so far as they set forth facts which were alleged in a communication to the board, attached to the returns.
The case so made up was argued and submitted to the court on the 2d of April, 1912.
The attorney general made no attempt to sustain the power or jurisdiction of the advisory board to annul a parol without notice to the convict, but contended that as the supreme court, in affirming the conviction of plaintiff in error, had held that the time he was out on bail should not be included in determining the length of his imprisonment, he was 'subject to imprisonment under the sentence for the unexpired part thereof remaining at the time of his release' (on bail), his minimum sentence not expiring until January 29, 1912, and his parol was void because his application was made and acted upon before the expiration of his minimum sentence.
The court held that his parol was void on the ground taken by the attorney-general, and the petition was denied. 169 Mich. 606, 135 N. W. 658.
Plaintiff in error and his counsel inadvertently overlooked the fact that he was entitled under the laws of Michigan to a deduction from his minimum sentence for the 'good time' accorded to convicts in the prisons of the state. Under the laws of the state he had earned and was entitled during the first and second years of his sentence, to five days 'good time' for each month, and, during the third year, to six days each month, making a total of one hundred and thirty-eight days, so that his minimum sentence of two years had expired before his application for parol.
The prison parol law of the state has been in existence since 1905, and down to the decision of the supreme court in his case, it was the constant practice of the advisory board to receive and act upon applications of convicts before and in anticipation of the expiration of their minimum sentences, and to grant parols from a designated date, at or after the expiration of the convict's minimum sentence. At the time of the decision there were a large number of parols outstanding, and these have been recognized as legal and valid, and, notwithstanding the decision, no paroled convict or prisoner other than plaintiff in error has been kept in or returned to prison on the ground that his parole was prematurely granted and void. Discrimination is alleged to result against him and a violation of the 14th Amendment to the Constitution of the United States.
Twenty-eight cases are enumerated, and it is alleged that the board, since the decision, has continued the practice.
Plaintiff in error alleged the illegality of his imprisonment as follows: (1) His minimum sentence had expired at the time the board received and acted upon his application for parol, and the order of release was a valid warrant or instrument for his discharge. (2) The board had no power to vacate it, or, if it had such power, it was only upon notice. (3) The parol law, as enforced, discriminates against him, and denies him the equal protection of the laws guaranteed by the 14th Amendment to the Constitution of the United States. (6) The vacating of his parol was a violation of the due process clause of that amendment. (7) He was not guilty of any violation of his parol. (8) The reasons given in his former petition were repeated and relied on.
It is not necessary to set forth the exhibits to the petition. They are sufficiently indicated in the petition. The board's action in vacating the parol was induced by a communication made to it by the prosecuting officer of the county, stating the circumstances of the crime for which Adams was convicted. They are not important, however, to the legal propositions involved, and even to a consideration of the latter a question of jurisdiction is interposed.
It will be observed that the questions in the second petition (that under consideration) are the same as those presented in the first. In both, local and Federal questions appear. We say Federal questions, for at least there are claims in words under the Constitution of the United States. They depend upon two propositions—(1) If the indeterminate sentence act be construed as giving the advisory board power to annul the parol without notice, it violates the due process clause of the Constitution of the United States. (2) The parol as enforced denies plaintiff in error the equal protection of the law.
Granting for the time being that these propositions are not merely dependencies of the local questions, that is, are not dependent upon the statute, may we review them? We have seen that the supreme court decided that the parol was void, the advisory board having no power under the statute to grant it. The ground of the ruling was that plaintiff in error's minimum sentence had not expired. In his second petition he alleges that his term had expired on account of credit due him for 'good time' accorded convicts in the prisons of the state, that his counsel had inadvertently overlooked the fact that he was entitled to such credit, which amounted to a total of one hundred and thirty-eight days, and that therefore his sentence had actually expired before his application for parol. The petition was denied without opinion, and it is left indefinite upon...
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