In Re Mayne Knowlton

HENSHAW, J.

The writ in this case was issued upon petitioner’s verified statement, that having been convicted of

[108]

a felony and sentenced to serve a term in the state prison at San Quentin, he had since his incarceration therein faithfully obeyed and complied with the laws of the state, and all the rules and regulations of the prison, and that, taking into consideration the credits for good conduct to which he was entitled under the law, the term of his imprisonment had expired, and he was entitled to his discharge; that, notwithstanding this, he was unlawfully and illegally restrained of his liberty by the warden of the prison; that the only pretense or claim made by the warden for his conduct in this regard was, that “on or about the fourteenth day of January, 1899, the board of prison directors of the state of California arbitrarily and without any notice to the said Knowlton, or to any other person, and without giving him an opportunity to be heard in his own defense, and without the filing or making of any charges against the said H. W. Knowlton, and without any proofs or any testimony that the said H. W. Knowlton was guilty of a violation of any of the rules or regulations of said prison, or any violation of the law, caused to be entered in the minutes of the said board of prison directors the following entry: 1 George Knowlton charged with smuggling money in prison, plead not guilty, found guilty, deprived of six months’ credits.’ ” “George Knowlton” is the person who here petitions as Mayne Knowlton.

By section 20 of an act to regulate and govern the state prisons of California (Stats. 1889, p. 104), a convict is entitled to certain graded deductions from his term of imprisonment, based upon his good conduct and compliance with the laws of the state and the rules of the penal institution, and herein it is provided: “But if any convict shall commit any assault upon his keeper, or any foreman, officer, convict, or person, or otherwise endanger life, or shall be guilty of any flagrant disregard of the rules of the prison, or commit any misdemeanor, or in any manner violate any of the rules and regulations of the prison, he shall forfeit all deductions of time earned by him for good conduct before the commission of such offense, or that, under this section, he may earn in the future, or shall forfeit such part of such deductions as to the board of directors may seem just; such forfeiture, however, shall be made only by the board of directors after due proof of the offense and notice to the offender; nor shall any