Ex parte Williams

In this case, by leave of the court, an amended petition was filed after the decision which was filed July 24, 1890, and on such amended petition the petitioner was permitted to reargue the case on the question of the constitutionality of the act of 1878, under which petitioner was sentenced to the house of correction.

After a patient hearing and investigation, we deem it necessary only to add to that which was said in our former opinion, that in our judgment the act is not in conflict with section 25, article 4, of the constitution. It -is not special or local, either for the punishment of crimes or misdemeanors, or regulating the practice of courts of justice. The laws for the punishment of crimes and misdemeanors are uniform throughout" the state, in the matter of determining what is a felony and what a misdemeanor, and the legal consequences flowing from the conviction of either. They are uniform in prescribing the punishment of imprisonment (when such punishment is allowed at all) for each of the several offenses for which that punishment is provided. This act does not change the punishment or the degree of the crime. All that it does is to authorize the court in San…