The Elk Mountain pilot., 1902-07-01
Indeterminate Sentence Law.

Attorney General Post has filed with
the clerk of the Snprono Court brier
III the case of the people against Big
craft. in which he defends the indeter-
inmate sentence law. Bigcraft was
sentenced to the penitentiary for Il term
of not less than nineteen years and
three months and not exceeding TWEEN
ty years. On appeal his attorney at
tacks the indeterminate sentence law
as invalid. The attorney general up
holds the law in his brief. He says:
Il respectfully submit that the pris-
oner cannot at this time, raise the ron
stitutionality of the indeterminate SEN
tence law. That he is only in posi-
tion to do so after he has served the
minimum term for which he was SEN
fenced, but, while reserving and insist
ing on this view of the case, out of
respect to the argument of counsel. we
will call the attention of the court to
the differences between the Colorado
statute and that of Michigan.
''As predatory to n brief discussion Of
the matter, it is worthy of note that
there is no criminal statute on our
books, nor any statute providing n fine,
but that such statute provides Il mini
mum and a maximum penalty. 1t is
impossible to adequately punish an Of
mum are provided. To do away with
this distinction would be practically
re-enact the laws of Draco, which pro-
vided but one penalty for every offense
and that penalty-death.
THE statute having always provided
n maximum and minimum, but one
step farther was needed to carry this
into effect, and this is to enable the
judge TO name a maximum and mini
mum, and, after so naming, to refer the
matter entirely to the governor of the
state. in whom the pardoning power is
vested by the constitution. 1t is only
n more speedy way at. arriving ut that
which has been the law from time inn
memorial, namely to modify the pun
ishment according to the repentance
and conduct of the prisoner. How of
ten it was found that n man was un-
dergoing a long sentence when his con-
duct and acts pointed to his reforma-
ton, and the remainder of the sentence
was but oppression. In such case, only
when the community was aroused by
the injustice of the sentence. could the
governor act. and then only by pardon
ing him. Under this indeterminate
sentence law, when such occasion
arises, by information received from
the officers in control, the governor is
enabled TO 10 justice without delay.
Each prisoner has before him hope
and a reward. He is no longer a hope
less outcast. When his conduct COM
ports with good citizenship and shows
reform then there is no pressure upon
him farther than warning and re-
straining hand.
THE power of parole is exclusively in
the hands of the governor, and under
his own regulations, and before the
prisoner can be returned to the peni-
Tertiary the commissioners must make
a request of the governor, who has
the discretion to order or not, as he
may be advised, that the prisoner be
returned Having earned his parole,
the commissioners cannot take him
without the order of the governor. The
governor is the only one who can Or
der him retaien, and such authority is,
in express terms, conferred upon the
governor. The entire power of parol-
ing and retaking is in the hands of the
governor, hence the act in no wise con-
fiicts with section of article 4 of the
state constitution"