The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-07

been able - hnd any reQzirenens thai
These three persons for indeed zny
ons q then.4 shall BE Psychologists. O
prism officials. or IN any Nay origin
ally and independently skilled II pris-
on Affairs o. possessed Of that special
kn0riedze which aows fTou direct
relations with prisoners. It IS not
therefore. 3 matter Of aay surprise TO
and Section 1901 prescribing Il to
be the duty of the Board Of Inspec-
tors. on consultation with the jzfler.
70 prescribe the punishment 10 be Ia
ficted upon prisoners for the breach
u prison rules OF other misconduct
They shall in Ike manner chat IS to
sag. On consultation with the JaiiorD
decide who are entitled 70 the CON-
mutation provided By Law for good
behavior. and who shall be deprived
az such commutatEOn in whole or part
They shall in Ike manner that is to
say. on consultation with the iailorl
also have the power 10 restore in
whole or in part 10 any prisoner the
Communication which such prisoner shah
have lost.
From these provisions il would ap-
pear.
j. 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 prison
er. is fully eligible for appointment
on this Board
2 Though the Board tby reason.
obviously. Of the presumptive lack of
special knowledge upon the part Of its
members) Is called upon to consult
with the iailor. and though this prison
official is the only person who. by rea-
son Of his direct relations with the
/ prisoners. 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 depriv-
ed OF. the Communication provided by
law. In other words, it becomes ap-
parent that although the behavior Of a
convict may be above criticism. and al
though the jailor may certify to the
I 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 combination And
similarly. of course. the Board may.
In the pienitude of its unregulated
/ power. grant Communication against the
/ commentator of the jailor: the law
under discussion nowhere concludes
the Board by the judgment of the
Tailor
8 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 given class. No def
mite rules intended to control the ac
ton Of the Poard. are enacted; there
Is nothing in this Chapter to guide the
action of the Board: the Chapter lays
dewn no rules by which its imperial
execution can be secured or partiality
prevented: it establishes a govern
ment of men and not of laws; and
under its terms. the operation of the
authority of the Board is obnoxious
To the rule, fundamental TO cur insti
ltutions. which repudiates the exercise
of arbitrary power or uncontrolled dis
erection. When we consider the ma
ture and the theory of our institutions
Of government. the principles upon
(which they are supposed to rest, and
review the history of their develop
ment. we are constrained to conclude
that they Go not mean to leave room
for the play and action of purely per
sonal and arbitrary power Yick We
V. Hopkins. lis e. s. $50.
4. In the last analysis. the granting
or Withholding. by this Board. of the
Communication provided by law. rests
in the unregulated and uncontrolled
discretion of the Board. Whether the
communication might constitute rule
OF credit within the meaning Of Sec
4 ton s544. L. s. r. s. supra. II the only
discretion as to the allowance of the
communication we're that OF the iai'or
who. by reason of his Office. could as.
certain with reasonable certainty the
fact OF good behavior. do not feel
called upon to say. for the obvious
reason that Section 1851 Of the Civil
Laws Of 1897 distinctly limits the fune-
tion OF decision 10 the Board. and ex
cludes the iailor from participation
therein.
The views above suggested touching
1.-THE discretionary character OF this
communication are enforced by a con
federation OF Chapter 76. This Chap
ter limits the credit-commutatien 10
prisoners under sentence OF hard Ia
Dor imposed by any Court Of the Re
public. and, in Section 1887 expressly
provides. in direct terms. that:
The granting withholding. forfeit.
Ing ard restoring Of the Communication
provided by this Act shall be discre-
tlonary with the Beard Of Prison In.
speeters. As to prisoners confined in
the prisons az the Republic other than
Oahu Prison. the Board Of Prison IN
speetors may delegate to such prison
( osaicers or other persons as they deem