Gilpin observer., 1902-07-03
lnd.terminate Sentence Law.

Attorney General Post has filed with
the clerk of the Supreme Court a brief
in the case of the people against Big
craft, in which he defends the indeter-
inmate sentence law. Bigcraft was
sentenced to the penitentiary for term
of not less than nineteen years and
three months and not exceeding twen-
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:
II 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 a posi-
ton 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 a brief discussion Of
the matter, it is worthy of note that
there Is no criminal statute on our
books. nor any statute providing fine,
but that such statute provides mini
mum and a maximum penalty. 1t Is
ihpoSSiDic "
fense unless such minimum and maxi
this distinction would be practically
re-enact the laws of praco, which pro-
vided but one penalty for every offense
and that penalty-death.
1.-The statute having alway5 provided
a 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
Wum, 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
a more speedy way at arriving Mt that
which has been the law from time i'm
memorial, namely to modify the pun
ishment according to the repentance
and conduct of the prisoner. How Of
ten 1t was found that n man was un-
dergoing long sentence when his con-
duet 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 do justice without delay.
Each prisoner has before him hope
and Il reward. He Is no longer hope
less outcast. When his conduct COM
ports with good citizenship and shows
reform then there is no pressure upon
him farther than n warning and re-
straining hand.
1.-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 pcnl-
tentiary the commissioners must make
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 retaken, and such authority IL,
In express terms, conferred upon the
governor. The entire power OF par0l-
Ing and retaking IL In the hands OF the
governor, hence the act In no wise con.
fiicts with section Z Of article 4 Of the
state constitution"