The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-07
TIE LOCAL Law IS uH-AHERIGlH
81 LowREY. PRESIDENT BOARD
PRISON INSPECTORS. IS
ADVISED.
Federal Law Provides Five Days in
Each Month During Which 10
Charge Of Misconduct IS Sustained
Against Prisoner.

r J. Lowrey. president Of the Board
Of Prison Inspectors. recently address
ed Acting United States District At
torney J. J. Dunno on the matter Of
Communication. by credits. OF the SEN
fences OF Federal prisoners now Ian
gushing in the oahu penitentiary.
The local Law in the matter is
relic Of a succession Of transition
periods" and cannot apply to the pres
ent time. as il is un-American. vest
ing the power Of committing sentences
to a body OF men in a manner entirely
arbitrary
Therefore was the Federal law
sought Mr.. Lowrey consulting Mr.
Dunno In the matter
Mr. Dunno. approaching the import
Of the matter prepared the following
letter which covers everything and
which be sent to Mr.. Lowrey
Hon. F. J. Lowrey. Chairman Board
Prison Inspectors. Territory of
Hawaii.
Sir take the liberty of address.
ing you concerning the Communication.
by credits. Of the sentences Of FEEDER
al prisoners now incareerated in Ter
ritorial prisons; and beg leave to OBJ
serve that the opinion expressed by
me a few days ago. in our converse
ton upon this subject. has been con
firmed by subsequent investigation
Chapters IS and 76 OF the Civil
Laws OF 1897 treat OF the organization
and powers Of the Board OF Prison In.
spectors. and Of the cognate topic of
communication; but these Chapters can
not. OF their own force. have any ap,
plication whatever 10 prisoners Under
sentences pronounced by cogrts OF the
United States: and this. for the obvi-
Gus reason that il is net within the
power OF the Legislature of this Ter
ritory TO affect. in any wise. the exc
cution OF a sentence imposed by Unit.
ed States courts.
But section 554s Of the Revised Stat.
utes OF the United States provides the
communication TO which United States
prisoners may be entitled by coed
conduct; and It allows a deduction OF
one month in each year upon the
certificate OF the warden or keeper OF
such jail or penitentiary with the ap-
proval OF the Attorney General. II
is. however. provided By Section 5543
Of the Revised Statutes that: The
preceding section. however. shall ap-
ply 20 such prisoners only as are con
fined in iails or penitentiaries where
no credits for good behavior are al
lowed: but IN other cases all prison
ers 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
penitentisry.
And by the Act Of March Srd. 1875.
all United States prisoners whose sen
tenee Of imprisonment is az least six
months tho credits are allowed IL the
term be less than six months: In re
Terry. 81 Fed. Rep. s4sl. and who are
confined "in any prison or penitenti-
airy Of any State or Territory which
has no system Of Communication for its
own prisoners. shall have q deduction
from their several terms Of sentence
al ave DAYS in each and every calendar
month during which no charge Of mis-
conduct shall have. been sustained
against each severally who shah be
discharged at the expiration Of his
term Of sentence less the time 50 de-
Quoted. and a certificate Of the warden
OF keeper OK such prison or penitenti-
airy Of such deduction shall be entered
on the warrant Of commitment. etc. =
Il may be observed. in passing. that
the Communication herein provided for.
while necessarily dependent upon the
judgment o. the warden As to the fact
Of good behavior. yet proceeds upon
definite principles. and is q matter Of
onciai record.
The question. then. returns whether
Chapters IS and Is o. the Civil Laws
Of 1887. or any section IN either Of said
CHAPTERS. can he said % formulate 4
rule of rredn" within the meaning
az Section 5st& of the Revised stat
utes
Chapter Is deals with the Board Of
Prison Directors. but il nowhere Pre-
srrliaqe the Qualifications 81 the mem.
bers Of such Board. nowhere establish
Is any definite principle BY which the
exercise 81 she powers o. the Beard
shall be conditioned. nowhere erectS
any rules By which Che ofacisl eoaancf
Of the Heard shsll be guided. aueflied
or hmite8. The Brsf section q Chap
ter IS gSeo 1e1t 81 tbe Civil Laws q
lSsTl directs the Minister a. the In.
terios. with the approval Il the cahi-
net. "a appoint three persons 10 Ae