Halligan

The appellee was petitioner in the court below for a writ of habeas corpus, and, that court having by its judgment discharged him from custody, the government brings the case here by appeal.

The record shows that the.appellee was on May 3, 1909, upon conviction of a violation of the National Banking Act, sentenced by the United States District Court for the Eastern District of Washington to serve five years in the United States Penitentiary at McNeil Island, and that his sentence commenced May 13th of that year; that while confined pursuant to the sentence he earned' 216 days for good conduct, under and pursuant to the provisions of the Act of Congress of June 21, 1902, entitled “An act to regulate commutation for good conduct for United States prisoners” (32 Stat. L. 397, c. 1140 [U. S. Comp. St. Supp. 1911, p. 1701]); and that subsequently he was paroled under and pursuant to the0Act of June 25, 1910, entitled “An act to parole United States prisoners, and for other purposes” (36 Stat. L. 819, c. 387 JU. S. Comp. St. Supp. 1911, p. 1702]), the first section of which provides:

The act creates a board of parole, and its third section provides:

By section 4 it is provided that…