State ex rel. Attorney Gen. v. Peters.
| Decision Date | 15 December 1885 |
| Parties | STATE ex rel. Attorney General v. PETERS. |
| Court | Ohio Supreme Court |
Quo Warranto.
Peters and others named constitute the board of directors of the Ohio penitentiary. The petition by the attorney general charges that they, as such board, have, since May 4, 1885, usurped and unlawfully assumed to hold and exercise the following franchises, powers, and privileges, to-wit:
(1) That of establishing rules and regulations under which any prisoner who, on the fourth of May, 1885, was or might thereafter be imprisoned in the Ohio penitentiary under a sentence other than for murder in the first or second degree, and who may have served the minimum term provided by law for the crime for which he was convicted, and who has not previously been convicted of a felony and served a time in a penal institution, may be allowed to go, upon parol, outside of the buildings and inclosures of the said Ohio penitentiary; (2) that of establishing rules and regulations, by which prisoners, confined under sentences for a definite term of imprisonment imposed prior to May 4, 1885, and whose terms have not expired, and who have not been pardoned by the governor, may be released and allowed to go outside of the buildings and inclosures of the prison, subject only to such conditions as the board may prescribe; (3) that of releasing prisoners who are under sentences for a definite term, imposed prior to May 4, 1885, and who have not been pardoned, of allowing them to go upon parol outside of the buildings and inclosures, until retaken or reimprisoned by order of the board; (4) that of pardoning prisoners duly imprisoned under sentences imposed prior to May 4, 1885.
The answer of defendants denies that they usurp or unlawfully assume the powers, privileges, and franchises stated, but justify doing the acts charged by virtue of ‘An act to amend ‘An act relating to the imprisonment of convicts now in the Ohio penitentiary, and the employment, government, and release of such convicts by the board of managers,’ passed March 24, 1884,' passed May 4, 1885. 82 Ohio L. 236. They admit that they have adopted rules and regulations under which convicts who were confined in the penitentiary at the time said act was passed under previous conviction and sentence, as well as those thereafter convicted of a felony less than murder in the second degree, who have not served a previous term for felony, might go at large upon parol under the law, and said rules and regulations, but to remain in the legal custody and control of said board of managers. These rules and regulations were, on the nineteenth of June, 1885, approved by the governor, and read as follows:
‘Resolved, that in the matter of paroling prisoners, under section 1 of the act passed by the general assembly of the state of Ohio, May 4, 1885, the board of managers shall be governed by the following rules and regulations:
‘1. No prisoner shall be paroled who has not been in the first grade, continuously, for a period of at least four months.
‘2. No prisoner shall be released on parol until satisfactory evidence is furnished the board of managers, in writing, that employment has been secured for such prisoner, from some responsible person, certified to be such by the auditor of the county where such person resides.
‘3. No prisoner shall be paroled until the managers are satisfied that he will conform to the rules and regulations of his parol.
‘4. Every paroled prisoner shall be liable to be retaken and again confined within the inclosure of said institution for any reason that shall be satisfactory to the board of managers, and at their sole discretion; and shall remain therein until released by law.
‘5. It shall require the affirmative vote of at least four of the managers to grant a parol.
‘6. The parol provided for in said act shall be in the following form, signed by the president and secretary of the board of managers:
‘MANAGERS: George S. Peters, Columbus, Pres't; W. L. Robinson, Cincinnati; D. E. Fee, New Richmond; F. F. Rempel, Logan; D. C. Coolman, Ravenna; Eugene Powell, Columbus, Secretary.
‘The act of 1885, passed May 4, section 8, is as follows, viz.:
“Sec. 8. That said board of managers shall have power to establish rules and regulations under which any prisoner who is now, or hereafter may be, imprisoned under a sentence other than for murder in the first or second degree, who may have served the minimum term provided by law for the crime for which he was convicted, and who has not previously been convicted of a felony, and served a term in a penal institution, may be allowed to go upon parol outside of the buildings and inclosures, but to remain, while on parol, in the legal custody and under the control of the board, and subject at any time to be taken back within the inclosures of said institution; and full power to enforce such rules and regulations, and to retake and reimprison any convict so upon parol, is hereby conferred upon said board, whose written order, certified by its secretary, shall be a sufficient warrant for all officers named therein, to authorize such officer to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all officers to execute said order the same as ordinary criminal process.'
‘PAROL OF PRISONER.
‘Know all men by these presents, that the board of managers of the Ohio penitentiary, desiring to test the ability of _____, a prisoner of said institution, to refrain from crime, and lead an honorable life, do, by virtue of the authority conferred upon them by law, hereby parol the said _____, and allow him to go on parol outside the buildings and inclosures of said institution, but not outside the state of Ohio, subject, however, to the following rules and regulations: (1) He shall proceed at once to the place of employment provided for him, viz., _____, and there remain, if practicable, for a period of at least six months from this date. (2) In case he finds it desirable to change his employment or residence, he shall first obtain the written consent of the secretary of said board of managers. (3) He shall, on the first day of each month, until his final release, according to law, forward by mail to the secretary of said board a report of himself, stating whether he has been constantly under pay during the last month, and if not, why not, and how much he has earned, and how much he has expended, together with a general statement of his surroundings and prospects. (4) He shall in all respects conduct himself honorably, avoid evil associations, obey the law, and abstain from the use of intoxicating liquors as a beverage. (5) As soon as possible after reaching his destination he shall report to _____, show him his parol, and at once enter upon the employment provided for him. (6) He shall while on parol remain in the legal custody and under the control of said board. (7) He shall be liable to be retaken and again confined within the inclosure of said institution for any reason that shall be satisfactory to the board of managers, and at their sole discretion.
‘The management of said institution has a lively and friendly interest in the subject of this parol, and he need not fear or hesitate to freely communicate with the secretary in case he loses his situation, or becomes unable to labor by reason of sickness or otherwise.
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¦“DESCRIPTION. ¦
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¦Name, ¦________ ¦
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¦Age, ¦________ ¦
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¦Height, ¦________ ¦
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¦Weight, ¦________ ¦
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¦Complexion, ¦________ ¦
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¦Eyes, ¦________ ¦
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¦Hair, ¦________ ¦
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¦Marks, ¦________ ¦
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¦Crime, ¦________ ¦
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¦Date of sentence, ¦________ ¦
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¦Date when admitted, ¦________ ¦
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¦Date of parol, ¦________ ¦
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¦County, ¦________ ¦
+--------------------------------------------------------+--------------------¦
¦Court, ¦________ ¦
+--------------------------------------------------------+--------------------¦
¦Occupation,...To continue reading
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