Joseph McKenna, Adams v. Russell — Opinion of the Court
“ Risk: 'Where a defense is distinctly made, resting on local statutes, we should not, in order to reach a Federal question, resort to critical conjecture as to the action of the court in the disposition of such defense.' And, of course, the principle is applicable whether the question is presented as a ground of defense or a ground of action. ”
Joseph McKenna, Adams v. Russell — Opinion of the Court
“ We have seen, the supreme court has decided that a convict cannot be paroled until his minimum sentence has expired; and that good time does not apply to the minimum sentence receives support from the fact that neither the counsel for the parties, nor the court, upon the first petition, thought of the construction plaintiff in error now urges for the 'good time' law and its operation to reduce his minimum sentence. ”
Joseph McKenna, Adams v. Russell — Opinion of the Court
“ 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. ”
