Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-09-24


In Same Prison.
1t will be seen from the foregoing |
that all persons convicted either of !
crime" or "misdemeanor' are placed .
H. the same prison, and oftenj!mes thq
more hardened criminal III the same
cell with one less addicted to crime.
They are all sent to oahu prison II
convicted in Honolulu, and Ill persons
IN the Islands convicted of felOnies are
sent there. The man convicted of fast
driving may be subject to exactly tbs
same punishment as a burglar or rob
Der, excepting as to the length Of time
Any one OF them may he sent on the
streets to work, or may be hired out -
private parties. The robber. burglar,
drunkard and fast-driver may be
placed in the same cell, If IT. is large
enough. may he taken together through
the public streets to work side by side
in the same stone quarry or Other
place. may be clothed in the same
stripes. made to eat at the same table
and in fact so far as the statute goes
anyone convicted of what is commonly
called a misdemeanor is liable to eN
actly the same treatment in exactly the
same prison and cell as one convicted
of the most Infamous crime, the only
difference being that the former cannot
be so long imprisoned as the latter.
Territorial Statute.
Under the Statutes Of this Territory
all those convicted of the first class OF
offences may be and are detained ~
the same prison as those included in
the latter class. The statutes do not
classify them as to their punishment
| The one convicted of driving without q
| light may have to be Imprisoned IN
the Territorial prison, known as Oahu
| prison with the one convicted of TOR
gerry. murder robbery, rape on sodumy
Every person liable &c such q punish
ment can not he put upon MS tril'
without the indictment OF grand jury
It Seems Strange.
| II seems strange to at this date read
in the Supreme Court Reports OF the
Hawaiian Islands, as late as 1890. that:
The law requiring prisoners to be
employed in labor upon public works
is the authority and direction of the
Minister of the Interior as to the ma.
ture Of the labor to which those sen.
fenced to Imprisonment at had labor
shall be put. 1t might have been a
statute. for Instance. requiring them
to be employed within the prison prem.
ises in the manufacture OF shoes II
was particularly necessary to make a
statute provision for taking prisoners
outside the prison premises. The same
law, (Sec. 2l6) provides that when
prisoners cannot well be employed III
public work. they may be hired out to
private persons. For female prisoners
the provision (Sec. 217) is that they
sewing, in washing the prisoners
clothes.
Constitution Unknown.
OF course it must be taken into con
sideratiOn that these statutes were
passed in the days when the leglsla
tors perhaps had no idea that the pun
ishment provided by them would be
measured by the criterion established
by the Constitution of the Unite d
States, and its exposition and con
struction by the Supreme Court of the
United States. 1t can hardly be won
dered therefore, that, as so measured
II may be required that persons liable
TO the punishment provided therein
are first entitled to an indictment b!
grand jury before they can be pu
upon their trial.
Solitary Confinement
Not only may all prisoners be treat
: ed alike as TO their being required t.
= perform hard labor, and to be hlrc'
out to individuals, but so far as The
, statutes are concerned. they are OIL!
, entitled to converse with a ministc
, of the Gospel.
, There Is no provision allowing then
= to see anyone else, or to speak will
Q anyone else. The prison inspector
may in their discretion, classify tn
prisoners. designating tn
70 privileges and the garb whicl
=. they shall wear. CSec. lOS2)
The statute amounts to nothing s.
Y far as the criterion laid down by tn
r United States Supreme Court is cor
r cerned, for It Is the punishment whic
u may be inflicted, and not what is IL
. ficted that determines whether O
f not an offence is an Infamous one.
Surprising Law.
- And, again, by the express provi!
d ions of the statute one sentenced I
$ Imprisonment for any length OF tim
= may have guardian appointed ia
Q him, who can sell his property an
Il whose duty it is to pay his debts. ThI
d is surprising law, tor under 1t il on
( does not pay his debts, and his debto
can get him in jail for any cause h
can get guardian appointed who's
principal duty is 10 pay the convict
debts.
Ingenious Device.
This places every person sentence
to imprisonment for any length Of tim