The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-11-28
WHO is BOSS OVER
COUNTY PRISONERS?

bUUWtl TilIJUy[IlJ!
(Mail Special to TIE Advertiser.)
HILo, November 24.-The statement
was made last week that there were
lays when there were as many prison
ers working at the residences Of the
sheriff and Of the jailer as could be
spared for the mosquito campaign
namely fourteen,
!, The, ,agitatipp 70. abolish the abuse
Of the farming out eofA prisoners APP
pearsito have met with much sympathy
with the general public Those back
Of it are now in hopes chat they may,
in spite Of the opposition Of the sheriff
and the iaiier, see the abuse stopped.
1t has been found that under the law |
the board Of prison inspectors has the
authority to make rules for the inn /
provement of the. discipline Of the jails.
In other words, this board can, if It
sees fit, make rule which will prevent |
the farming out of the prisoners. But
there is just one little obstacle in the
way at the moment.
TING board of prison inspectors for
this circuit does not know whether it
exists.
Prison Boards.
The law relating to the appointment
of prisRn inspectors and defining their
powers and duties was passed in 1905.
1t provides for the appointment of
such board, of three members, for
each circuit. These boards must, ac-
cording to the law; visit all the jails
within their circuit at least once in
three months, "to enquire into the
management and conduct of the same,
the care and maintenance Of the prison
ers, the records of prisoners, the man
ner in which the officers connected with
such prisons and iails perform their OIL
.cial duties, and the sanitary condition
of such prisons and jails.
The boards further are to meet at
least, once a month and must submit a
detailed report to. the Governor every
three months. &,
However, the part, of the law which
gives the prison inspectors the right to
govern the discipline of the jails Is
found in section four, as follows:
"Each board shall have power TO
supervise the discipline of all prisons
and jails to provide such rules
and regulations not contrary to law
as are advisable for the
Improvement of TIN. discipline and
government of such prisons and
iails:', = -
VINO ia Boss.
County Attorney Beers states that
without the slightest doubt does this
statute give the board of prison in
speetors the power to make n rule stop
ping prisoner farming. !.
Judge Wise says that he win look
carefully into the entire question and
furnish the board of trade, which re-
Gently took the matter cp, with full
legal opinion at the next meeting of
that organization.
In view of the fact that all previous
attempts in the shape of local prison
reform. have always met with the claim
that the sheriff had full control over
prison matters, it is interesting to note
that the power of that official, as clear.
ly defined by Act 102, of the Session
Laws of 1909, is limited to the appoint.
ling of the ,iailers in his. county and to
| fbe responsible for the safe keeping
of all prisoners who may be confined
within the vaTious, county jails,n
i The board of inspectors for this cir
cult consists, of E.. N. Holmes, chair.
lmani A. B., Lindsay and Rufus Lyman
if it exists at all -
4 sy;l Making Inquiries ~.
l Chairman Holmes this week sent q
letter to tile Governor asking whether
the board; as at present constituted
had legal existence. II appeare' that
all three members were appointed. orig
inally by Carter, and that Holmes nnd
Lyman, at least, were reappointed BY
Frear. The reappointments were, how
ever, made a good bit over two year
ago, while the original law, passed ii
} 1905, provided that such Inspector
were TO be appointed by the Governor
with the consent Of the senate, TO servi
for two years, OF until their successor
were duly appointed, the amendment Il
this section OF the law, passed thi
Year, does away with the consent o
the senate, but says nothing about th
inspectors holding Office until their sue
eessors are appointed,
Therefore, the question isi do Holmes
Lindsay and Lyman eth hold office, o
did they 60 out Of office automatically
when their terms were outs This doe
not seem likely, but Holmes has wFittel
! 70 make sure.
That the Territorial administrator
might have been up aud daing IN ihi
matter - plain from the fact thai
according 10 law, the inspectors mus
aoad a report every three months I
s TIE Govfrnor TIE Governor does 70
seem 10 haYe missed these reports. J
"a certainly BOW AZ 10 him f0 Ffapp0lH
2 tbs present board ~ 10 make sew 81
2 pQlninenia.
, kaukau Investigation
Anoihef mstieg relating ~ che Illl
inlis enlargement Of ~ pfiaoneIs "a
~ 40 H.lh fte f00t, Furnished ihen
Ffam Hana Zones lha fenafl ~ raH
llaiuil ltaf rllssnfle. eha haa bee
llraaieelHifa "a iaa isll. hefe hf6amf /