The Hawaiian gazette., 1901-08-09
LOCAL LAW
NOT GOOD
Boards Power Is
Questioned by
u. s.

within the provisions of the Territorial
law creating board OF prison inspect
ors with power to commute sentences
according to a written ruling MADE oy
Acting United States Attorney Dunno
upon the application of F. j. Lowrey'
chairman of said board The Terrlto-
rial law which allows for the communal
ton of sentences of local prisoners, AT
the discretion Of this board. is held 10
b, too loose and ineffective to allo" II
to apply to Federal prisoners, which ac-
cording to United states statutes are
allowed to enjoy the same privileges
az are accorded to those of the states
and Territories wherein they may ne
confined The decision OF the Actihs
United States Attorney affects but TWO
ec three prisoners at Oahu prison, put
will be a precedent for future cases, as
we'll as calling attention to the features
Of local law not acceptable 10 the
United States Government.
The opinion of Mr.. Dunno Is given IN
q letter written to Chairman l.owfey
yesterday. as follows:
Hon. F. j. Lowrey, Chairman Board OF
Prison Inspectors, Terrtory of
Hawaii.
Sir-I take the liberty of addressing
YOU concerning the communication py
credits of the sentences OF federal
prisoners now incarcerated in Terr!to-
rial prisons, and l beg leave to observe
that the opinion expressed by me lew
days ago in our conversation upon
this subject, has been confirmed by
subsequent investigation.
Chapters IS and &c of the civil
Laws of 1897 treat of the organization
and powers of the board of prison in
spectors and of the cognate topic or
communications; but these chapters can
not. of their own force, have any APP
plication whatever to prisoners in pris-
ons or penitentaries in this Territory,
who are serving under sentences pro-
nounced by courts of the United
States, and this for the obvious reason
that it is not within the power OF the
LEGISLATURE of this Territory To affect,
in any wise, the execution OF SEN
tence imposed by United states courts.
But section 5543 Of the Revised stat
utes of the United States provides the
Communication to which United states
prisoners may be entitled for good con-
duet; and it allows deduction OF one
month in each year upon the certil-
cate of the warden or keeper of such
Jail or pcnitentiary. with the. approval
of the Attorney General" 1t is, how
ever, provided by section 554i of the
Revised Statutes, that The preceding
section, however, shall apply to such
prisoners only. as are confined in JAMS
or penitentiaries where no credits for
good behavior are allowed; but in 9th
er cases all prisoners now or hereafter
confined in the jails or penitentiaries
Of any state for OffenseS against the
United States shall be entitled to the
same rule of credits for good behavior
applicable to other prisoners in the
same Jail or penitentiary."
And by the act of March !, 1870 all
of Imprisonment is at least six months
no credits are allowed If the term he
less than six months; in Re Terry, 81
Fed. Rep, 6i9, and who are confined
In any prison or penitentiary of any
state or Territory which has no sys-
TEN of continuation for its own pris-
oners, shall have deduction from
their several terms of sentence of five
days in each and every calendar month
during which no charge of misconduc
shall have been sustained against eacf
severally. who shall be discharged a
the expiration of his term of sentence
less the time so deducted, and certiti
cate of the warden or keeper OF sucf
prison or penitertiary of such deduc
ton shall be entered on the warrant u
commitment. etc"
1t may be observed, in passing, tina
the Communication herein provided for
while necessarily dependent upon thu
Judgment of the warden as to the fac
of good behavior, yet proceeds upon
definite principles, and Is a matter .
official record.
The question, then, returns whethe
chapters IS and IS of the Civil Law
Of 1897, or any section in either o
said chapters. can be said to formulate
rule of credit" within the meaning
Of section 554i of the Revised Stat
utes?
", ot,ts ~
prison directors; but 1t nowhere pre-
scribes the qualifications of the mem
bers of such board, nowhere establish
rs any definite principle by which tn
exercise of the powers of the boar
shall be conditioned, nowhere erect
any rules by which the official con
duct of the board shall be guided, quail
flied or limited. The first section o
chapter rs (section 1914 of the Civil
Laws of 1897 directs the Minister O
the Interior, with the approval of tn
Cabinet, to appoint three persons" I
he inspectors of prisons who shal
constitute a board of prison inspectors
but nowhere in this chapter have
been able to find any requirement tina
these three persons" Cor, indeed, an.
one of them, shall be penologists. o
prison officials. or in any way original
ly and Independently skilled in prison
affairs, OF possessed of that specla
knowledge which flows from direct re
lations with prisoners. 1t Is not
therefore, matter of any surprise 4
find section 1881 prescribing 1t TO %
the duty of the board of inspectors
on consultation with the jailor, to pre-
scribe the punishment to BIZ infiicte'
upon prisoners for the breach of pris
on rules or other misconduct. The.
shall in like manner chat is to say, 'ol
consultation with the jailorD decid
who ar. entitled the cOmmut iDl
provided by law for good behavior. an,
who shall be deprived of such com
mutation in whole or in part The
shall in like manner chat is To say
on consultation with the Jailor), ais
have the power to restore in whole o
in part TO any prisoner the commu
tation which such prisoner shall hav
lost"
From these provisions it would ap