Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-01
Section of Law Quoted.

induces the belief that they are not being
given fair treatment.
Section of Law Quoted.
District of Columbia prisoners who are
serving terms in the penitentiary here
vised Statutes Of the United States. which
reads:
whenever any criminal, convicted of
any offense against the United States, is
imprisoned in the Jail or penitentiary of
any state or territory, such criminal shall
in all respects be subject to the same
treatment and discipline as convicts SEN
fenced by the courts of the safe or ter
ritory in which such Jail or penitentiary
Is situated, and while so confined therein
shall be exclusively under the control OF
the officers having charge of the same,
under the laws of such state or terri
tory"
law. which authorizes the governor TO
issue permits to prisoners which enables
them to go outside the prison Enclosure,
applying. Of course, to those who nave
earned the privilege by good conduct and
who have complied with certain regula-
tions, such as putting up bond. securing
employment, etc. hut subject at discretion
to be brought back to the penitent1ary.
The law expressly stipulates it is not to
be construed as release, but they are
-
tence Of the court until the time Of their
sentence expires. when they receive a
regular discharge.
Numbers have been paroled and three
or four have been brought back. Modern
penology recognizes that the environment
of a. prison does not bring out the best in
any man. The law has been of great
benefit in retaining to industry and good
citizenship many men, but the federal
prisoners have been denied the privilege
of parole.
Appeal to President.
This class of prisoners addressed pc
tition to the President of the United
States, asking that the law be allowed to
include Washington prisoners. In about
three weeks the warden communicated
that he had received a letter from the
Attorney General reading:
"While United States prisoners confined
In state institutions under sentences inn
posed by United States courts, under con-
tracts made with those institutions for
their keep, are subject by law to the same
discipline and treatment as convictS sem
fenced by court of the stat tie or territory
in which the institution where they are
confined is situated, the laws of the state
in whose institution any United States
prisoner is confined cannot affect the
duration of the sentence. that being modi-
fed only by the United States law, pro-
viding for a diminution of confinement by
an allowance of good time. Please inform
the prisoner to that effect"
A prisoner then wrote to senator from
his state advising him of the ground the
department had taken, showing that the
parole law of the state declared the
paroled man was still in custody, and while
permitted to go outside the Enclosure of
the prison. was still deemed to be serv-
ing" his sentence; that parole in no
wise affected the duration of the sentence,
and was merely a state method of hold
ing in custody prisoners who had shown
themselves worthy Of release from actual
confinement.
Senator Receives Reply.
The senator sent the letter to the De-
partment of Justice. asking that the mat
ter be taken up. In due course the sena-
tor received the following:
I'm reply. permit me to say that the
position uniformly taken by the depart
ment is that the provisions of section
$3.50, Revised Statutes, referred to by the
right to parole United States prisoners.
the words Subject to the same discipline
and treatment" which appear in that sec
ton relating solely to the manner in which
United States prisoners should be gov
erned and treated while in confinement.
There is nothing in the communication Of
your correspondent which leads me to
change the view taken by the depart
ment upon this subject"
The belief is expressed by the prisoners
who are interested in the effort to have
the parole law to benefit them that the
Department of Justice is opposed to
placing them under the provisions of the
parole law. citing the action of the United
States senator after he received his re-
Spouse to his letter. The senator sent to
the Department of Justice a copy of a de-
cision Of Judge Tayler of Ohio. in case
where man was convicted of a charge
Of violating the internal revenue laws
was sentenced to the workhouse. Notice
was served that an application would be
made for parole under the authority of
the laws of the state Judge Tayler
stated the case, and said the question
arose regarding the authority of the
workhouse officials to parole a prisoner
sentenced by a United States judge.
Answers in the Affirmative.
"This question:" Judge Tayler said,
must be answered in the Affirmative"
He said, in part:
Whenever any criminal convicted of
any offense against the United States is
imprisoned in the jail or penitentiary of
any state or territory. such criminal shall
in all respects be subject to the same
discipline and treatment as convicts SEN
fenced by the courts of the state or ter
ritory in which such Jail or penitentiary
Is situated; and while so confined therein
shall he exclusively under the control of