The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1891-04-23


ton. but is reality in this and all other
state prisons. Every one will agree that
this evil should be remedied. but how to
remedy it is not so easily agreed upon. The
root of the evil lies in the imperfectiOns of
human laws and the diversity of mems
opinions. If all judges and all juries were
of one mind then the inequalities of justice
would not be so marked. but still they
would exist, for the court could but rarely
get at the true character of the culprit on
trial. To work any beneficial changes in
the courts would take many years of re-
formative work. The remedy must be ap-
piled elsewhere-at the prison, and the
only known remedy. save the pardon, is the
parole. The prison officials have better op-
pOrtunities for learning mans true char
acter, independent of his reputation, than
the courts have, and they could decide with
more certainty when the man was fit for
liberty. There are many other advantages
that the state and the convict would have
under such a system that are apparent
enough without enumeration. Of course
there might be some evils in such a system
if put into the hands of ill disposed officials,
but dishonorable men are not supposed to
occupy such positions. It is to be hoped
that some person of ability will frame pa
role bill for the consideration of the next
Legislature. We give below the main feat
ures of bill that may serve as model to
work from at least. This bill was drawn
up by Mrs. Clara FOltZ, attorney and cOun-
selOr-at-law, San Francisco. and was intro
duced in the senate of California by Senator
MCGOWAN and would have become a law
only that it was crowded back by the SEN
atOrial election. 1t will come up before
the next legislature:
The governor shall appoint three reputable cit.
liens, who together with the warden and the
physician of the state prison at San Quentin, shall
constitute board Of commissioners for the parole
of prisoners at San Quentin. The warden
shall be the president of the board of com.
missioners of which he is member, and the
clerk of said prison shall be the secretary of said
| board. Said commissioners shall serve without
pay, but shall be allowed their necessary travel
ing and other expenses actually incurred in the
performance of their duties such commission
ers. At any meeting of the board of com.
missiOners for the parole of prisoners at San
Quentin any prisoner confined in said prison who
has served the minimum term prescribed by law
| for the crime of which he was convicted, or who
has served at least one year of term of years
where there is no minimum term prescribed, or
who has served ut least six months of a sentence
for such minimum term prescribed, or who has
served five years of a sentence for life when there
| is no minimum term so prescribed, shall be given
| an opportunity to appear before said board of
commissioners and apply for his release upon pa.
role If the board of commissioners to which
applica ten is made shall believe that the appli.
cant for release upon parole has reformed, and if
released will be able to provide for and support
himself. and will obey the law and conform to the
rules and regulations made by said board for his
guidance, then such board of com missionsrs shall
authorize the release of such applicant upon pa
| role; and such applicant shall thereupon be re.
| leased by the warden of said prison and be al
| lowed to 60 upon parole outside of the prison
walls and inclosure; but such prisoner while so on
parole shall remain and be in the legal custody
and under the control of said board. and subject
| at any time to be returned to prison upon the
order of said board, the president thereof; and
full power to retake and reimprisOn any convict
SO upon parole is hereby conferred on said board,
| and upon the president thereof whose written
order. certified by its secretary shall be sufficient
| warrant for any person peace officer named
tn erein to authorize such officer to return to act.
ual custody any conditionally released or paroled
prisoner. and it is hereby made the duty of all Of
| fcers to execute such warrants the same as ordi
nary criminal process. If any prisoner SO paroled
shall leave the state he shall be held as an es.
capped prisoner and arrested as such. When
| ever any paroled prisoner is retaken into actual
custody. under the order of the board for viola
| ton of the rules and regulations prescribed for
his government and conduct, or for violation or
| failure to perform any condition upon which he
was released upon parole the board shall inn
mediately investigate the facts upon which the
order for his retaking and return based; and
if said board shall thereupon find that such pa
rolled prisoner has violated the rules and regula.
tions prescribed fer his government and conduct,
or has violated failed to perform the conditions
| upon which his release upon parole was granted,
then said board shall retain said paroled prisoner
in actual custody, and may refuse to hear any ap.
plication from him for release upon parole for
period of six months.