The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-07
PRISON CREDIT RULES
SAYS HAWAII IA
NONE.
Has No Such System of Good Conduct
Credits as Brings it Within the
Federal Statute.

Acting United States District Attor-
ney j. j. Dunno has notified the prison
commissioners that the Federal autho-
rites do not recognize the Oahu Jail
system of communication of sentences as
applicable to United States prisoners.
The question was raised by f. j. Low
rey, chairman of the Board of Prison
Commissioners. Dunno holds that the
Hawaiian laws providing for good
conduct, crerdits and for commu-
tations of sentences, do not pro-
vide any definite or legal rule of credit
such as is contemplated in the United
states statute providing that federal
prisoners shall be subject to the same
rules of credit as other prisoners, in
state and territorial penitentiaries.
The federal prisoners in Hawaii are
therefore to be subject to the federal
statute regarding credits which pro-
vides, for prisons i'm which there are no
rules, that prisoners may be allowed a
deduction of one month out of every
twelve for good conduct.
In his argument reaching this con-
clusion Dunno uses the following Ian
guage:
From these provisions it would ap-
pear:
Il. That the Board of Prison Inspec-
tors may be composed of three per-
sons who are not specialists, and who
are innocent of that peculiar knowl-
edge which is the product of actual
personal experience with prisoners.
Any citizen, indeed though he may
never have seen a prison or a prisoner,
is fully eligible for appointment on this
Board
20. Though the Board (by reason,
obviously, of the presumptive lack of
special knowledge upon the part of Its
members) is called upon to consult
with the jailor, and though .his prison
official is the only person who, by rea-
son of his direct relations with the
prisoners, con 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 depriv-
ed of, the Communication provided by
law. In other words, it becomes APP
parent that although the behavior of a
convict may be above criticism, and al
though the jailor may certify to the
excellence of his conduct while in GUS
tody, yet the decision is not left to
the prison official, and the Board may
refuse to grant the communication And
similarly, of course, the Board may,
in the plenitude of it's unregulated
power grant Communication against the
recommendation of the jailor; the law
under discussion nowhere concludes
the Board by the judgment of the
Tailor.
80. Chapter IS nowhere necessarily
implies a fixed and ascertained sys-
tenn, Independent of judgment or cap
rice, and applicable upon definite prin-
ciples to all of a given class. No def
mite rules intended to control the ac-
ton 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 Imperial
execution can be secured or partiallty
prevented; it establishes govern
ment of men and not of laws; ana
under it's terms, the operation or the
authority of the Board is obnoxious
TO the rule. fundamental to our lnstl-
tutions, which repudiates the exercise
of arbitrary power or uncontrolled us
erection. ,,.t,,r,
"a. In the last analysis, the granting
or Withholding, by this Board, or the
communication provided by law, rests
in the unregulated and uncontrolieu
discretion of the Board.
Il have the honor, therefore, TO au-
wise you and through you the appro-
priate officials of any penitentiary or
prison within your jurisdiction, that
the Government of the United states
cannot recognize any discharge OF .
United States prisoner by virtue OF the
Communication provided by chapter 20
and 76 of the Civil Laws of 1891.