The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-04

The Parole Law and the EImlrn Keforma-
tory.

| The Parole law and the EImlra KeTOrna.
tory.
To THE EDITOR OF THE SuN--Sir Tho World
| having failed to bulldoze q Supreme Court
Justice into declaring unconstitutional the
sentence and parole law of the State Reforma-
tory at Elmira. row openly endorses the ap-
peal made to the General Term for reversal
OF Judgment by the paroleI prisoner Gilmore.
The treachery of the World to the bsst intor-
ests Of the people may be best understood
when 1t IL stated that such decision would
ancct every prisoner sentenced to the Reform
atory under this law and result in an imme-
date wholesale discharge OF nearly l.5OO con-
victs. whose arrest. trial. and conviction have
cost the Slate not less than $1,000. 900. whose
release from tho Reformatory would cause
endless fear and terror among the peaceful
people OF the common wealth.
The so-called Reiormatory Indetcrminats
Sentence and Parole law. as enacted by the
Legislature OF 1877, was drafted by tho late
Prof. Dwight OF Columbia College. who was ut
that time President of the New York Prison
Piii was signed by two e$.G9vernois. one
Judge OF the Court OF Appeals, eleven Judges
OF me supreme Court. two cN-Suprem" Court
four general officers OF the state. the Chancel-
i l Of tho state University. the, presiIcpt o
Point, 225 lawyers. 0 and N, 80 physicians 8" Wv
The law takes from the Judges the power TO
name tho exact period for which II prisoner
should be incarcorated at the Rrforn.Hl ry and
nestOws uron the General Superintendent and
Board OF Mana9srr authority to say alter what
length OF imprisonment the convict should 20
conditlonalIr released. minimizing his penalty
q, one year and liking the limit 2t ms stay ut
the maNimnni for which no could have been
sentenced to state prison tor the crime OF
when ne was convicted. The theory OF this
lay Is that the General superintendent OF the
iseiormatory. by year or more OF contact with
the prisoner, can better dctcrmin. when II IN
Tor the coInmunitys interest to discharge
and secs him for but a few moments 10 the
court ROOM Tho success Of TINS method has
been Demonstrated 10y the reformation of over
elghty per cent. Of the convicts paroiod from
Heneih Superintendent Erockway has never
been msused is site ted by his long retention
81 me 9ii,ce' and his, appointmen; by hals
esta blishment Of tn" institution IN lSt'.
me llWm alleges that judicial power ~ con-
nItcu % ms !dw upOn Il poity pri On oIhrial-
M ,hrrei"io the law il 'proscd 10 the Con-
stltutiOn
II tins excellent law were unconstitutional.
tne lhr common sentence laws OF MI n"
S'hleS would be unrOuS tltlitionai, SINCE -lnl-
70 shorten PRISONERS Sentences Tor good 10
M, Tor, such power differing only in decree,
WIN mat conferred upon General Superln-
tenneh. Brorkwnv
The ennstitutionaltv Of the parole provision
81 lhe i"w eata blt-hing the Eetormato:y -
iispuied Dy Gi!mur" his coua-"l and tao
hmIn 9n the ground that rarole.i prisoners
can Nmn"rits con u ions; 20 rearresteI without
lilal ny juIy. Justice b'Brien wisely decided
that u ielormntory Earoled man - as much
pIlrihrr as his elbow c"nSiytS lWprsoned
legal rights until absolutely released hy ~"
management. teins in the care ana under tho
jurisdiction ~ the authorities unitl IN thctc
!u"gH''hl he Is NJ 10 be absolutely released;