The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1892-03-24

sentences of prisoners has never been ques-
toned, but has long been recognized in this,
and other states. This power and discre-
ton must of necessity be vested in the
board of managers. whose duty it is to-
watch the conduct and character of the con-
Wet. ut is proper exercise of that guard
ianship and power of discipline which is
vested in the state to be exercised through
the legislative department for the safe keep
ing, proper punishment and welfare of the
prisoner" This is all that section eleven
attempts. The powers thereby conferred
are not judicial in their nature nor is this
section in conflict with the constitution.
In this state the powers are distributed
by the constitution to the legislative. the
executive and the judiciary. The power
granting pardons or to commute sentences.
is in the executive. Any law which would
infringe upon this prerOgative would be I'M
constitutional, and il the parole or final re-
lease contemplated by section 16 is par
don, this provision may be held uncOnstitu-
tiOnal. But it seems to me clearly that such
parole or even final release is not par
dom within the legal definition of that
term. A general or full pardon is IAN act
of grace and releases the offender from the
entire punishment prescribed for the Offense
and from all the disabilities consequent on
his conviction" This parole is not par
don, for while on parole the convict remains
in the legal custody and under the control
of the managers and subject at any time to-
be taken back and confined within the in
closure of the refOrmatOry. Neither is the
| final release contemplated by said section
16 a pardon. within the legal meaning of
| that term; but the theory OF such release is
| that the prisoner has served out his sentence
prescribed by law, allowing such deductions
for good conduct as the board may make,
under certain rules and regulations alike
applicable to all cOnvicts. Neither can the
release be considered pardon for the rea-
son that such release in itself does not re.
store such person to citizenship, which is
the effect of general pardon, for by the
same section it is left to the governor in his
discretion after such release has been given
to restore such rights. and neither is such
release communication of sentence. A COM
mutation of sentence as defined by Bowler
is ''the change of punishment to which
person has been convicted to less severe
one." 1t is an act of grace exercised by the
pardOning power usually, granting right
to which the convict is not legally entitled.
These deductions for good conduct which
are allowed the prisoners. in granting this
final release before the expiration of his
sentence. are in the nature of ''cOmmuta-
tiOn of imprisonment" A communication of
sentence absolutely changes the sentence or
punishment originally inflicted to less Sc
we're one and once made cannot be recalled
or annulled. For instance, person sem
fenced to ten years in state prison and the
governor cOmmutes the sentence to five
years. This act committing the sentence
cannot be annulled. Then, too, the pris-
Oner could by his good behavior. under a.
system of rules and regulations alike appli-
cable to all cOnvictS. obtain further deduc-
tiOns from the latter period by way of COM
mutation of imprisonment. No one would
pretend that such deductions constituted
further communication of sentence. The
communication of Imprisonment does not
change the original sentence as inflicted,
but does enable the prisoner by good con-
duct to earn his release before the eXpira-
ton of his sentence. Again. too. we may
make another distinction. The commuta-
ton of sentence is the act of the pardOning
power over which the prisoner has no con-
troll, while the communication of imprisOn-
ment depends upon the prisoners own con-
duct and he may take advantage of the
privilege or not as he chooses.
Where the jurisdiction of the legislature
over crimes and criminals is not expressly
limited by the constitution it is unlimited.
and the grant to the executive by the con-
StltutlOn OF the right OF pardon and cOmmu-
tation of sentence is not. in its very nature
or it's language, intended to prevent or for
bid certain other notifications or abridge-
ments of sentences formally pronounced by
courts. The facts are that if the statute
provides that a judicial sentence pronounced
upon convict shall include the possibility
of an abridgement of the term of his incar-
ceratiOn upon certain specific conditions,
then compliance on the part of the prisoner
| is not setting aside of the sentence, but is
in conformity with it and with the statute
and ought not to be regarded as an act of
grace on the part of the state but as the
prisoners legal right of which not even the
chief executive can deprive him.
Sayings of Wise Men.
A man who is full of himself is always
empty.
The first test of truly great man ia his