The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-07
Roard'S Power Is
Questioned by
u. S.
COMPUTATION
OF PRISONERS
Attorney Dunno Holds That Fed
oral Prisoners in Oahu Jail
Are Not Affected.

rh. United States prisoners in con-
s,smsrt at oahu prison do not come
-irbip the provisions of the Territorial
r.r creating board of prison inspect
I'D, with rower to commute sentences.
,.ar55rg to written ruling made by
,.-ips United States Attorney Dunno,
mon the application of F. J. Lowrey,
-afrman Of said board. The Terrific
srIaw which allows for the comnuta-
-ar af sentences of local prisoners, at
PA. discretion Of this board, is held to
Zoo loose and ineffective to allow it
spr.y 60 Federal prisoners, which ac-
.r3frs TO United States statutes are
allowed 20 enjoy the same privileges
q. sra accorded to those of the States
and Territories wherein they may be
orfred. The decision of the Acting
United states Attorney affects but two
sr three prisoners at oahu prison, but
sfB be- precedent for future cases, as
veil as calling attention to the features
fla local law not acceptable to the
United States Government.
The opinion of Mr.. Dunno is given in
letter written to Chairman Lowrey
.-st4rday as follows:
of
Prison Inspectors, Territory of
Hawaii.
SRI take the liberty of addressing
sou concerning the Communication by
credits, Of the sentences of federal
prisoners now incarcerated in Terrific
rzl prisons. and l beg leave TO observe
tat the opinion expressed by me few
Ays age in our conversation upon
his subject, has been confirmed by
subsequent investigation.
Chapters IS and IS of the Civil
Laws Of 1897 treat of the organiza Ton
and powers of the board of prison In
speCt0rs, and of the cognate topic or
cCmmutations but these chapters can
Tot, Of their own force, have any ap-
plicauOn whatever to prisoners in pris-
DTS OF peuitentiaries IN this Territory,
Who are serving under sentences pro-
EoulCed 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,
II any wise, the execution Of a SEN
leHce imposed by United States courts.
But section 5543 of the Revised Stat
lies of the United States provides the
sommutau0n to which United States
prisoners may be entitled for good con-
-4gt- and IL allows a deduction of one
month IN each year upon the certifl-
ale Of the warden or keeper of such
jail UT pcniteDtjary, with the approval
N the Attorney General" 1t is, how
yer provided by section 5544 of the
Nr'iSed Statutes. that The preceding
'-,toH- however. shall apply to such
PRISONERS only as are confined in jails
ny l-mtfnuarias where no credits for
good behavior are allowed: but in 9TH
-a>eS all prisoners now or hereafter
.s-AAed IN the jails or penitentiaries
any state for offenses against the
.'!lel States shall be entitled to the
saue rule Of credits for good behavior
applicable to other prisoners in the
's.r Jail or penitentiary.'
ana by the act of March 8. 1875, all
,"lel States prisoners whose sentence
IMPRISONMENT is at least six months
-0 credits are allowed if the term be
- man SIX months; in re Terry, 81
- rep, bis), and who are confined
81. "iS prison or peniteutIary of any
VI territory which has no syS-
U teMmudtiOn for its own pris-
- snail have a deduction from
F,r- 11'eIti terms of sentence of five
I' edeh and every calendar month
.EsfI5 winch no charge of misconduct
..y' "a'e oeen sustained against each
m. Iy' who shall be discharged at
,-.s duration Of his term of sentence
as,. is uiae so deducted, and a certifi-
mrs me warden OF keeper of such
i'm sb -. PeHitentiary of such deduc-
s5r-r,. .L-' DE- entered on the warrant or
r'LAtment etc"
H. cIr ! % observed, in passing, that
Will .'l'u'auon herein provided for.
.uJrrpar. essSarlly dependent upon the
IF r,o5 "a Ihe warden as to the fact
definite oelaV lor, yet proceeds upon
saicial -t ",ipies, and is matter of
chs,...4l" question, then, returns whether
IF ISg- 70 and IS of the Civil Laws
said ob OF any section in either of
mi piers, can be said to formulate
q 500. VI credit within the meaning
l;5Sa '' 9'+l ii the Revised Stat
u,g rD' dr. :, deals with the board Of
sr5ss .-t.Isgtors; but it nowhere pre-
s=rs 6r y, ,g qualifications of the mem
any 4- sn board, nowhere establish
-y-re.sa -5LAIie principle by which the
s5sl. b. VI ne powers of the board
5ry rprs- g'naitioned. nowhere erects
5yet Of ~. py which the official con
a75 or 81. BOARD shall be guided. dual
aaFsr - = The first section OF
avs If ,ca Section 1914 of the Civil
be ls'p directs the Minister of
dine, +, with the approval of the
iuspaC.- appoint three persons, tn
Institute of prisons. who shall
Ut nog,b..-Lo BOARD Of prison inspectors:
les @t5r 20 md any requirement that
ne Of ,b 'gg persons" Cor, indeed, any
y Son otfciaIl. shall be penologists, or
s5.and ip a65lgls, or in any way original
Sairs. or spendently skilled in prison
Possessed of that special