The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-18
WILL IT PAN OUT?
IEDIANA's NEW AND UNIQUE Law
NAY NOT WORK.

|
| Usder It's Provisions = Convict After Hav
lag Served the Minimam Penalty MAJ
60 Before q Board of Which the warden
| is Chief, and Prsy tor His Release, and
be Granted II the Board sees Fit-Oss
Judge has Already Held the Law to b
| Uneoastitutional and More Conpiica-
| tions are Expected to Follow.
Indianapolis. Ind, April 17.-Great in
terest Is manifested in the probable fate
OF Indiana's experiment with sndetermin-
ate sentences. The act establishing the
new system went into effect or the first
Of this month and has already been de-
clared7 unconstitutional by one judge. The
reason assigned was that the law gave
the prison board established by this act
TO release or 20 continue 10 confinement
the criminals sentenced under its provis-
ions more power than the judge who pre-
sided al the original trial. The attorney
general will submit test case to the su-
preme court as soon as possible.
The law is certainly regarded as a very
novel innovation in the management of
uenal institutions and criminals. II Is
unique in the method esta blishei for gov
ering the indeterminate sentences. as will
be seen by brief synopsis Of its provis-
ions. The law applies 20 all males 50
years Of age or over who are convicted
Of any felony which is punishable by i'm
prisonment IL the state prison. treason
and murded in the first and second de-
grees excepted. 1t provides that upon
conviction for such feionies the judge
shall pronounce an irdeterminate SEN
tence. The minimum term Is TO be the
minimum already prescribed by law. or
which may hereafter be prescribed as a
punishment for that particular offense,
and the maximum is 10 be the maximum
80 established by law. For instance, If a
prisoner is convicted of crime which
Is now punishable for not less than three
years nor more than fifteen, the indeter-
inmate sentence will, under the Few law,
oe a period between three and fifteen
years, and the length Of that period is 10
be fixed by the board, the constitution of
which form the novel features OF the act.
This board is 10 be known as board Of
commissioners Of parole prisoners. and
one is TO be established in each prison OF
the state. The members are 10 be the
warden Of the prison, who is made the
president Of the board; the board Of d.
rectors, the prison chaplain and the pris-
or physician. They are 10 NEE, at the
prison at such times as they may find
necessary, and at each meeting every
prisoner confined on an indeterminate
sentence whose minimum term is expired
is given an opportunity 10 appear before
the board and Apply for his release or
parole or his absolute discharge. No
other form than the ore prescribed for
application for release on parole or dis
charge is to be considered. II the board
considers that the prisoner who makes
application is reasonably certain to live
at liberty without violating any law It
may order mis- release on parole on such
conditions as il may prescribe. All the
time the prisoner remains on parole unit.
the maximum time specified in the sen
fenced has expired ne is under the direct
control Of the warden of the prison, and
he may at any time be rearrested or
warden's warrant If he violates the condi-
lions Of his parole. He is then taken be-
tore the board of commissioners, and
nay be declared delinquent and impris-
,ned for a period equal TO the urexpired
maximum term Of his sentence.
IL, when prisoner applies to the board !
{ considers that the welfare OF society !
win be 50 advanced and that the prisoner |
{ freed, would lead an honest life. the /
BOARD may order MS discharge. which |
hall be effective therefor.
These are the main provisions Of this /
'emarkab.e law, ard 1t will be seen at |
nee that the prison board has absolute /
discretion In the cases OF the vast ma
GRITTY Of prisoners. Some OF the provis-
onS may be found difficult in practice, |
the supervision Of prisoners
eleased on parole. The law. however,
provides for the appointment of ar agent
" the warden of the prison, who shall
leep him informed as TO the conduct Of
IL such released prisoners. making re-
'orts on the first Of each month. This
gent has the further duty imposed on
i'm Of securing employment for prisoners
e,eased on parole, or for those absolute
y discharged.
One other provision needs 10 be men
Toned. The law provides that the war
en shall cause TO be kept at each state
rison a full and accurate record of each
risoner therein confired upon an indie
erminate sentence as aforesaid, which
ecord shall include a blogrs phical
ketch covering such items as may indi-
ate the causes Of the criminal character
: corduct OF the prisoner. and also a rec
I'd OF the demeanoT. education and labor
the prisoner while confiued in such
r1son; and whenever a prisoner is trans
erred from one prison 70 another a copy
such record or abstract OF the sub
lance thereof. together With the certified
opy Of the sentence Of such prisoner.
nail be transmitted with such prisoner
, the prison 10 which he shall be trans
erred
This is mani.estly for the information
the board. whose duty Il Is 70 pass
pom the icdeterminate sentences. but it
lay be a very useful record for GRIMM
ogists.
Nothing in the act affects the power OF
e governor 10 grant a pardon CT a com
!utation az any time.
FIGHTING FOE LONDON MARKET f.,
merics's Attemp, tn Take Denmark.
Butter Trade Away Z
Washington. A2r5i 1.-THE .. 0ea. 90
.opie who compose the population q the !
aited Kingdom are the greatest butter q
tiers II the world II addition n xha- !