The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-07

knowledge which flows from direct re-
lations with prisoners. 1t is not,
therefore, a matter of any surprise TO
find section 1881 prescribing 1t 20 DE
the duty of the board of inspectors,
on consultation with the jailor, to pre-
scribe the punishment to be inflicted
upon prisoners for the breach of pris-
on rules or other misconduct. They
shall in like manner Chat is to say, 'on
consultation with the jailorD decide
who are entitled to the communication
provided by law for good behavior, ana
who shall be deprived of such COM
mutation in whole or in part. They
shall in like manner Chat is to say,
on consultation with the Jailor), also
have the power to restore in whole or
In part to any prisoner the comnu-
tation which such prisoner shall have
lost.
From these provisions it would APP
pear:
/. That the board of prison inspec-
tors may be composed of three per-
sons who are not specialists, and who
are ignorant of that peculiar knowl-
edge which is the product of actual,
personal experience with prisoners.
Any citizen, indeed, though he may
never have seen prison or prisoner,
is fully eligible for appointment on this
board.
viously of the presumptive lack of
special knowledge upon the part of its
members is called upon to consult with
the jailor, and though this prison Off
ciaI is the only person who, by reason
of his direct relations with the pris-
oners, can definitely ascertain the fact
of good conduct, yet it is for the board
and not for the jailor, to decide who
are entitled to, or shall be deprived OF.
the communication provided by law. In
other words. ii becomes apparent that
although the behavior of a convict may
be above criticism, and although the
jailor may certify to the excellence or
his conduct while in custody, yet the
decision is not left to the prison ofii-
cial and the board may refuse TO grant
the Communication. And similarly, or
course. the board may, in the pleni-
tude of it's unregulated power. grant
communications against the recommen-
dation of the jailor; the law under dis
cussion nowhere concludes the board
by the judgment of the jailor.
3. Chapter rs nowhere necessarily
implies a fixed and ascertained sys-
tenn, independent of judgment or ca
price, and applicable upon def1nlte
principles to all of given class. NO
definite rules intended to control the
action of the board, are enacted; there
is nothing in this chapter to guide the
action of the board: the chapter lays
down no rules by which it's Impartial
execution can be secured or partlalty
prevented establishes government
of men and not of laws; and under It's
terms the operation of the authority
of the board is obnoxious to the RUE,
fundamental to our institutions, which
repudiates the exercise or arpltrary
power or uncontrolled discretion
when we consider the nature ana the
theory of our institutions or govern
ment. the principles upon when they
are supposed to rest. ana review lhe
history of their development, we are
constrained to conclude that they 40
not mean to leave room for the play
and action of purely personal ana ar
bitrary mower" Yick Wo vs.. Hopkins,
us u. s, 800.
4 Insthe last analysis the granting
or Withholding. by this board, OF the
communication provided by law, rests IN
the unregulated and uncontrolled dis
erection of the board. Whether the
communication might constitute rule
of credit within the meaning of sec
ton 5544 L. S. r. S, supra, If the ony
discretion as to the allowance OF the
communication were that of the Ja1lor'
who. by reason of his office, could as
certain with reasonable certainty the
fact of good behavior. I do not feel
raIIea unon to say, for the obvious
reason that section 1881 of the Civil
laws of 1897 distinctly limits the
function of decision to the board and
excludes the jailor from participation
therein.
The views above suggested touching
the discretionary character or lhis
communication are enforced by con-
sheraton of chapter IS. This chapter
limits the credit Communication TO
prisoners under sentence of hard Ia
bor imposed by any court of the re-
public" and, in section 1857 expressly