Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27
Received May 10, 1851; burglary, second degree 81


Case No. 4O-Reseived July %, 1878 burglary.
second degree; 9 years; San Diego; discharged
March 26, 1850 Received May 10, 1880 burglary,
March 10, 1881. Received May II, 1851 grand lar
ceny ; 10 years Ventura
Case No. Received September Is. 1871 ; bur
eiary: 5 wears San Francisco discharged Deem
Der IL 1875. Received April 3, 1876; burglary; 7
years San Francisco; discharged January 8, 1851.
Received May Il, 1881 !; attempted burglary, first
degree; u years; San Francisco.
Case No. 42-Received October Is, 1879; house
breaking year Alameda; discharged August %,
1876. Received January 10, 1877; burglary, first
degree; years discharged March 10, 1881. Re-
ceiyed May 81 1881 robbery; life; San Francisco.
Case No. 4S- Received September IS, 1877 burg
larry first degree years So,ano; discharged Feb
ruary Is, 1850. Received June Is, 1881 burglary,
second degree; years San Francisco.
Case No. 44-Receiyed November g. 1875; burg
larry; years; San Francisco discharged March 5,
1851. Received June q, 1881; robbery life; San
Francisco.
Case No. 45-Received November ., 1875; house
breaking; 8 years; Sacramento; discharged Jure %
1877 Rece we'd April 10, 1875 grand larceny 1
years; Yuba; discharged from Folsom April l5
1851. Received July 5, 1881; robbery and felony /;
years Butte.
The foregoing record relates only to the convicts
discharged during Warden Ames' administration
at Sau Quentin. 1t should be remembered
that the whole number of commitments to
the State Prisons of this State exceeds 10000
You place the number of discharges from the pris.
ons at forty per month, or nearly five hundred per
year. In the short period of ten years past at least
5000 persons have been restored from convict life
and associations to society These added to the large
number of ex convicts from other States and ooun.
tries, must, in the aggregate, compose very large
ex convict population. II, as We believe to be the
case the influence OF the penal system tolerated in
our State PRISONS ntensifies the criminal character
of those upon whom it has operated then it is IRE
sistible that the prisons are daily augmentine the
criminal classes IN this commonwealth. This effect
is due not alone TO the character produced in the
convict q own prisons but also to the attractive
forces exerted upon the eX-convicts OF other com.
munties by the light punitive character of prison
life and discipline in this State.
Recurring now TO the question OF the influence eX-
erted by the prisons upon the commission of crime,
the conclusion is forced upon minds that to the
existing condition large percentage OF the crimes
committed is directly and indirectly attributable.
We do not find evidence upon which to base judg-
ment that the present administration the existing
condition of the State prisons of this State in any
respect exceptional. The system and abuses have
existed from its inception to the present time Its
defects radical and they cannot be eliminated by
the modifying influences OF change in the personnel
of administration.
THE EMPLOYMENT OF TRUSTEES.
In the general conduct of nearly all the depart
ments Of prison management convicts are employed.
In such empoyments 127 prisoners are now engaged.
at San Quentin. They are used as team
sters, gardeners, Outcners, staDle-men, COOKS,
walters, cel-tenders, janitors, gatekeepers,
clerks, domestics in the families of officers,
guards and free men, and in some cases &C.
cupyng the position OF foremen over other convicts
These semi official positions are looked upon as
places Of preferment, and are much sought after by
convicts Those holding trusty jsitions enjoy mi
nor ndulgences in the way Of dress separate dining
room and table, and are locked in their cells at a
later hour than the main body of prisoners. This
trllsty system in few instances results in species
of favoritism calculated TO engender jealouses and
produce the appearance of abuses In each of the
prisons the chief bookkeeper is a convict In both
cases they are accountants OF frst-class ability.
Their relation with the officers of the prison is nee
essariy intimate and their treatment IL accordingly
considerable and confidential. In each of the prin-
cipa offices except Captains OF the Guard, convict
deputies are TO be found. The prison treatment of
this class is scarcely distinguishabe from the ordi-
nary life OF free employees Of the prison. The at
tainment of these favorite positions is not through
meritorious conduct, but is determined by
the capacity for usefulness possessed by the prison.
ers to whom these positions are given. The system
which under existing conditions is thought to be
irradcabe presents many features of gla ing favor
itsm and inspires the minds Of convcts less favored
with a sense of injustice and resentment. That the
trust reposed in the trusty class is sometimes abused
by them to the scandal Of prison management was
amply shown in the testimony given before us. An
instance in the past history OF the prison given
by witness, where the acting Warden and a trusty
convict became companions in hunting expedition
and camping IN the mountains over night. Taking
advantage Of his opportunity the convict left the
confiding Warden to conclude the sports of the
chase alone. Of the same class OF abuses is the in
stance referred to frequently in the testimony Of
the violation OF his parole by the convict benson
Such cases necessarily incidental to the system
and their recurrence at intervals may be expected
while the system maintains We believe 1t to be
Immediately practicable to introduce many modif-
cations to the system. These favored positions
should in no case be conferred upon newcomers
They should be made the highest rewards of merit
They should he conferr, d only upon such who. un-
der proper tests have manifested an Enthusiastically
sincere desire to reform their lives This principle
OF action would convert the trusty system into
Dstrumentality of good, instead OF prolific source
II strife and envy, as is now the case.
Executive Ciemency.
You referred to us for examination and report the
question, Has the pardoning power been exercised
iudiciously? This question has received attentive
consideration and the facts bearing upon it have
been diligently inquired into. From our examna-
ton we hayebeen led to the unanimous conclusion
that the power OF Executive clemency has been
exercised by you with frmness, caution and wise
discrimination. We find no instance where convicts
pardoned by you have been rearrested or convicted
OF new offenses The pardons granted by you and
the considerations influencing your ac ion in each
case have received due attention . he reasons
which have formed the basis Of your action ap-
pears 10 our minds, to have been just and cogent,
and consistent with the proper exercise OF the high
prerogatiye vested in You by the Constitution and
laws OF this State. Your action in finding response
bic guardians for boys under the age Of Is years,
ard granting pardOns such cases, We deem to be
especially cOmmendabie. AS a coenate subject, we
beg leave topre.eit some considerations relating to
THE LAW OF COMPUTATIONS.
The paramount desire in the mind Of the prisoner
is to shorten his term of sentence BY enti pardon
or Communication An appreciation of this fact led
to the passage OF the commutstjon law If 1868 4.
AS originally en- eted the law allowed five days for
each thirty days of good behavior The record of
credits kept for each month, and for any breach
OF discipline failure in the faithful performance
Of labor the dts were cane led. BY later amend
ments the credits increased to ten days in each
thirty of good behavior but still the feature OF
quirirs positive aud persistent record OF good con-
duct adhered to. In the legislative session of
1856 the cele brated Goodwin Act was passed. As
interpreted by the prison authorities, the Act pro-
ceeds upon the presumption OF goo behavior, and
requires that the communication shall, from the be-
ginning Of term OF sentence be construed to have
been earned. The Act also Increased the ccmnluta-
ton. IL allows deduction OF two months in each
of the first two years four months in each OF the
next two years, and FIVE months in each of the re-
manning years of any term To illustrate the pre-
vaing method OF allowing this communication, sup
pose convict to have been sentenced to a term OF
ten years, TO date from January l. 1880. Upon his
entrance into prison his credits would be computed
and allowed as follows
Date OF commencement, January ], 1880. Term
OF sentence, ten years.
Deduct nTsl Two yetiS liOntflS ilioLtilS
Deduct next two years months each months
Deduct remaining years months each 80 months
Total. AZ months
Or three years and six months from ten years SEN
tence, leave six years and six months D4te of dis
charge, June So 1S.6. The prison register would
then show the number Of the commitment, the
name Of the prisoner description, date Of sentence
to be January !, 1880, date OF discharge, June 80,
1856 This presumptive communication can be multi
fed only by afirnat positive bad conduct OF the
prisoner. The law declares that "any convict who
shall commit assault upon his keeper, or
any foreman, officer convict, or by any fragrant
disregard of the rules of the prison, etc. shall for
felt all deductions OF time earned by him for good
conduct before the commission of such ofense, but
such forfeiture shall oily be made by the Board OF
after due proof of such offense and due
notice TO the offender" In practice this commute
ton sys'em arbitrarily shortens all terms OF SEN
tence. Good conduct is presumed, and the commu
tation entered to the credit of the prisoner from the
first day of his term. A mere negative good con-
is tn say, the absence of the violent
assaults enumerated in the extract from the law
gwen above, and the avoidance of "any fragrant
disregard OF the rules of the prison, secures the
OF sentence. As power in the hands
II the officers OF the prison conducive OF reform,
the discipline OF industry, other affirmative good
conduct, the law is a conspicuous failure 1t
merely interferes arbitrarily with the sentence of
the Courts to shorten them. Its benefits shared
alike by the indu trious and indolent well as by
the hardene criminal equally with the sincerely re-
pentart To be 81 good prisoner in prison par
lance, is TO be useful TO the administration. The
prisoners possessing diplomatic cunning usually
gain all the recommendations for pardon, and all
such drift through their term OF sentence without
any cancellation Of credits.
We have reason t. believe that the Courts of the
State influenced in the exercise OF discretion by
ft.aa xisf n