The daily Gate City., 1912-02-09
LAW IS NOT FAIR
SAYS HAMILTON
Judge Of Dlstrlct Court Severely
criticises the tndeterminate SEN
tence for Grim
lnals.
IS POOR LEGISLATION
Courts Should be Allowed to Fix the
Maximum Penalty and Parole
Board Could Then
Do its Work.


That the indeterminite sentence law
which became effective in Iowa in
July, 1907, was not good piece of
legislation, is the opinion of Judge W.
S.. Hamilton of Fort Madison, who is
presiding over the February term of
the district court in Keokuk
Judge Hamilton does not take is
sue severely with the working Of the
parole board, but believes that the
judge of the court should fix the max
imum sentence to be imposed for an
offence and then allow the parole
board to exercise any leniency it may
see fit. The judge said:
Since the time that the indeter-
minite sentence law has fixed the
punishment OF criminals, taking that
important factor away from courts,
the reformatory at Anamosa and the
penitentiary at Fort Madison have
become crowded almost to overflow
ing. In many instances men have been
sentenced to long terms of confine-
ment for offences which the court
would have fixed one year as the pun
ishment. The board of parole cannot
hope to make the close study of each
case that a judge can, SO it Is easily
seen that the prisoners spend much
more time than they would under the
old system.
Often a man is brought before us
Ito answer to penitentiary offence
which may have been his first piece
iof wrong-doing There may have been
extenuating circumstances which it is
easy for the Judge to see. The indeter
Eminite sentence law may provided
maximum term of twenty years Which
the court must impose. Down in his
own heart the judge sees that th'
man should be shown some len1enc!
4 and In some case. the maximum pun
lishment should be fixed at possibl,
1.-TWO years maybe slightly longer tn
4 man goes to the penitentiary witt
twenty years hanging over him. Tn
parole board failed to study his cas-
/. closely enough to grasp the circum
stances fully, and he, may spend th'
greater part of that time in prison
j., Il think it is wrong. decidedly wrong
1.-THE maximum penalty should be fixe'
Inv the Judge. am going to be carefu
in sentencing men for their first OF
fence"
Judge Hamilton has made prac
tice Of deIiberating carefully ant
bordering long before passing sen
ltence on a prisoner. This is observes
by one who has watched his worl
Eclosely while holding court in Keokut
AN instance of this was given yes
terday when George Mason. an inne
cent looking negro. was brought be
fore the judge to be sentenced TO
grand larceny. Mason might not dc
serve five years, thought the judge
and he delayed matters long enoug
Ito dictate nearly half dozen letter
I to Mason's former home, inquirin
about the man If Mason was onl
4 lguilty of his first offence the Judg
did not believe he should be sent t
1.-The penitentiary for term of year
fixed by the indeterminite sentenc
law and thrown on the mercy of tn
parole board.
Judge Hamilton some time ago e.
resst q hiinself in favor of a systel
..lby which prisoners could labor an
, contribute to the support of thei
, families. His remarks upon the worl
house plan drew forth favorable con
ments from many editors over tn
state. An editorial writer for the Sa
, urday Evening Post in last weeks !
sue advocated the same thing in
! prison wage system as does Judg
Hamilton.