Los Angeles herald., 1908-10-19

inseparable. Probation or parole can
not be scientifically applied to the
convicted person except through the
indeterminate sentence. A study OF
codes on the one hand and of sem
tences on the other reveals an amaz-
ing amount of contradiction and often
times rank injustice in the application
of penalties. For this inequality and
injustice the indeterminate sentence
furnishes the necessary relief. Instead
of the code maker or the judge saying
when a man shall come out of prison,
the main responsibility is put upon the
prisoner himself. The same punish
ment affects different people in diff
ferent ways. Temperament, mental
caliber, the degree of development of
the moral senses, have to be taken into
consideration, and three days confine-
ment might be as great a punishment
to one person as ten years would be
to another. How can any judge, there
fore, be he ever so learned or as wise
as Solomon, in the brief space Of
time usually allotted by trial court,
determine accurately and justly the
time it would take to reform the pris-
oner? 1t is not possible, under the
favorable conditions of trial with
such limited opportunity, to study,
weigh and analyze the prisoners char
tally and morally and to pronounce
just sentence. Why, then, send the
prisoner to the penitetntiary for a
fixed term? 1t may take but a short
time to cure him of his evil ten
dencies, or 1t may take a lifetime.
How is that judge to know? Society
demands that he be cured or perma-
nently secured. just as it demands that
an insane person be confined until
cured. But the insane person is set
at liberty as soon as he is mentally
well. Why should not the criminal be
liberated as soon as he is morally
we'll?
This plan is being tried in some
states and seems to be working sue
cessfully. OF course, special provisions
must be made for it by arranging for
competent board of control for the pris-
on. Each prisoner should be required
to appear personally before this board
from time to time to be examined and
heard in his own behalf. The board
of control should have the power of a
court of rehabilitation, and in justice
to and for the better protection of So
ciety every prisoner should be tried by
that body before being liberated.
Convlcts Are Crippled
From personal experience, observa-
tion and knowledge am forced to the
conclusion that the discipline of the
average prison hardens and degrades
the prisoner, and is a perpetual exhibit
tion of cruel, arbitrary power. 1 wish
could make it so convincingly clear
that the civilized world would fully
realize 1t, that a prisoner can never be
reformed by being wronged. Vengeance
never made any man or woman better.
Man is not a commodity
Prison abuses and cruelty are, Col
Griffith believes, due as much to the
fact that wrong men administer the
affairs of prisons as to the inadequacy
of the laws regulating prison control.
The warden is not always the one to
blame. Sometimes it is the underlings
who, being clothed with little brief
authority exercise their power over
their helpless prisoners. Speaking Of
this phase of the case he said:
:" In many of the penitentiaries there
are instruments of torture, and now
and then a convict is crippled for life
or murdered by the use of them. In
spections and Investigations amount to
nothing, because the perpetrators of
these crimes are able to cover their
guilt in one way or another and the
testimony of a convict would not be
believed even if he dared to tell of his
or his mates wrongs. The keepers
know they are safe from future expos
ure, because, no matter how much he
has been wronged, the convict. when
released, will not tell the story of his
wrongs, because If he desires to CEN
ceal his shame he must also hide their
guilt
"Col. Griffith is 56 years old and has
lived in California since 1873. He is
we'll known throughout the Pacific
coast as a newspaper writer and min
ing expert and is a recognized author
on all matters pertaining to the value
and development of mining properties.
He was for years mining editor of the
Alta California, at one time the lead
ing newspaper of the Pacific coast,
holding the position at time when the
mining department was very i'm
portant feature of every San Francisco
newspaper.
Gives Park to City
cat present he is largely interested in
mines in Nevada, Arizona and Mexico
and owns mines in the state of Chihua-
hua. Mexico. Col. Griffith settled In
Los Angeles in 1882. buying large tracts
of unimproved land near the city and
doing much for the growth and de-
velopment of the city. He was an Of
ficer of the Citizens league, the organ
ization which secured good government
for the city; director in the Mer-
chants and Manufacturers association,
an organizer of the Pioneer Fruit Grow