Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-05

acquainted with the reasons by which a
Governor is actuated, to believe that par
dons are granted Unfortunately, by favor
rather than by merit. To few is it known
that many man is convicted upon insult
fcient testimony and lodged in prison either
innocent or where there is a grave doubt
as to his guilt. Many in
AN EVIL HOUR
Have departed from the path of rectitude,
and to these, when the law has been fully
vindcated, all proper assistance should be
I extended. \ pardon wipes away, in
measure at least, the disgrace of conyic-
I ton. 1t is essential TO the maintenance of
proper discipline in prison that those who
shave labored diligently, and endeavored to
uphold the officers in their duties, should
/ in some way be signally rewarded, If they
( may confidently look forward to a time
/ when their efforts will secure release be-
! fore the expiration of their sentence, hope
and courage are implanted in their breasts,
and they have every incentive to do all
/ that is exacted while in prison, and ever
after TO show their gratitude for the favor
of Executive clemeney by the subsequent
course of their lives Still the exercise of
this power is attended with many diff
cultieS. II an apparently large number OF
! pardons be granted, the public may con-
( clude that the fear offenders should have
1 for the laws will be lessened, and conse-
quently that personal and property rights
! will in CORES bonding degree be endan-
gered 1t is difficult fora
GOVERNOR OR BOARD OF PARDoNs
To become accurately informed as to the
! facts upon which the conviction was OBJ
/ tanned, and as to the mitigating circum-
stances, if any, that existed. Too ire
! quently it is the case that prosecuting
officers will bend every effort to secure a
/ conviction, and then, in few months al
| forwards, Will as strenuously endeavor TO
obtain the release of the prisoner. Mis-
| takes must, in the exercise of this power,
occur. If the exercise of the pardoning
power should be confined to cases where
| the innocence of the prisoner Is SUISSE
quently made to appear, a plan that Will
restore to the walks of honest life those
who are guilty of a crime, yet who show
| that they would make good citizens. is the
! parole system. This has been the feature
| of many European systems, and recently
! has been migrated into the prison laws OF
! Ohio. BY the adoption of this system the
| best results are secured. A prisoner may
| be
RELEASED coNDITIoNALNY
And his freedom will depend upon his
continued good behavior. He is always,
until the expiration of his sentence, under
the complete control of the prison man
ayers, and may at at any time on their
written order, be apprehended and placed
again in custody He has every induce
ment to preserve his conditional liberty,
by strict observance of all rules that may
be made for his observance. In Ohio this
provision was attacked as being nnconSti-
tutional on the grounds ~ that it was an
| infringement of the exclusive right of the
| Executive to grant reprieves, eommuta-
tions and pardons, and (2l that it was an
infringement of the judicial power vested
exclusively in the Courts. But the Court
| held that parole is not pardon, and
that, as the Legislature has the right to fix
the penalty in the first instance, it has
also right to mitigate it. As to its retro
active operation, the Court held that this
was no objection to it, because it was not
ec post tdcto. Objection to it could come
| from no one but the prisoner. Some diff
liculty has been encountered in Ohio in
CARRYING this principle into execution, from
the opportunities of friends of prisoners.
But the underlying principle of this plan
is that parole must be earned by merit.
To carry out this system practically, and to
secure all the benefits which may result
from it, the cooperation of the police de-
partment of the whole State is required.
How successful this system may prove in
this country is problem that must await
the Judgment of experience. The problem
o.
PRISON LABOR
Is one that always will present many diff
culties The reformation of prisoners can
not even partially be effected without caus-
ing them to pursue some form of product
i've labor. Indeed, their own physical
condition requires that they should not be
kept in idleness, while every kind of labor
that is performed for no useful object, but
simply as part of prison discipline or
punishment. will debase and brutalize and
not reform. The prisons are recruited
from the idle and unskilled. If these are
to be reformed, it can be done only by Civ
ing them the training and inclination to
labor that others possess. This question
has been discussed SO much of late that
nothing new could be added here Yet it
would seem that as prisoners must labor,
and it is the duty of the State to foster the
interests of all its citizens, the plan pro-
ducing the best results from pathological
point of view and causing the least COM
petition with free labor. is the piece-prce
pan by which the State sells the results of
the labor at the market price by charging
so much for each article manufactured by
prison labor. The State has right to de-
mand that the prisoner shall by his labor
in some degree reimburse it for the expense
which he bias caused it. 1t is unfair and
unjust to put all the expense of prison
maintenance on those who respect the laws,
and make the criminal the guest of the
State oivinr nothing in return
ANOTHER PROBLEM
In prison management is how far reforma-
ton may be effected by means Of compul-
sorry education. Most of the inmates of
prisons are deficient in intellectual and
moral development. 1t is doubtless true
that. by a systematic course of training, a
great moral improvement may be effected.
This is the plan followed at the Elmira Re-
formatory, in New York. But this idea
NAV be carried to an extreme. 1t is not
within the province of the State to give its
criminals finished education free of ex-
pense. The instruction should not be car
rried further than is necessary to make
them
USEFUL CITIZENS.
While education is properly regarded as
very efficient means OF reformation, 1t
may, notwithstanding the views of prison
officers to the contrary, have the effect also
of making the natural criminal still more
dangerous foe to society. From the miser-
able, squalid quarters of half a century
ago to the well-lighted and comfortable
prison school-room Of to-day is great
change 1t may be true advance in the
right direction. But while we should well
come anything that promises to result in
the reformation of the criminal, we must
remember that the deterrent principle
should not be overlooked, as many are re-
strained from the commission of crime
from fear of the suffering that imprison-
ment entails as from the disgrace of i'm
prisonment If we make prison school
house, with all the modern convenience
we rob it of its terror for evil-doeis.
Perfection in prison management can be
reached only by experiment and discussion.
1t is a subject deserving the consideration
of all. We deal in this country principally
with the incarceration stage, doing COM
paratively nothing in the almost equally
important stages of prevention and aid to
discharged convicts. But we are far from
perfection in the incarceration stage Of
prison management, and whatever prom
Uses improvement in that branch should be
carefully considered.
ROBERT T. DEvLIN.
Pioneer Method of Justice.