The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-01-21

The attention The Advertiser has
forced upon the Jail abuses in Hilo and
the grating of Mayor Fern and Others
in the employment of county prisoners
on Oahu has resulted in steps being
taken to change Hilo conditions very
radically and in a searching of the
prison laws on the part of territorial
and federal olicials with view Of
bringing Hawaii IS legislation up.to-dats
and in such shape that the public may
be best served. 10 ~.
The searchlight of publicity has re
suited in Mayor Fern hastily seeking
cover; in a series of Investigations into
conditions in Hilo; in search of ter
ritorial law on the subject of prison la
bor, and an implied promise from Gov
ernor Frear to take up the matter with
the legislature with view of securing
necessary legislation to effect the re-
forms so much needed.
In Governor Message.
Governor Frear is interested in the
matter of the treatment of prisoners
both in Honolulu and in Hilo and will
probably make some suggestions in his
| message To IHt iNBuhAi'ES
lcnanges in the existing laws. The Gov
ernor yesterday called attention to the
present laws relating to the labor of
prisoners, the majority of which date
back to 1859 and contain facts not gen
orally known.
For instance, section 1885 provides
that Gan prisoners sentenced to i'm
prisonment at hard labor shall be con
! g. I,a ,Nn1,lto Oft
on the public works or otherwise, as the
high sheriff with the approval of the
attorney general may think best"
The following section provides that
the high sheriff shall hold such prison
ers at the disposal of the superintendent
of public works, to be employed by the
latter on public works or otherwise as
he, under the law, shall direct.
Another section provides that the at
torney general may detail prisoners fol-
work on any public road upon appli
cation from any road supervisor or roaC
board.
May Be EARNED Out.
| Another relic of the past is section
1888 which permits the high sheriff
with the approval of the attorney gen
eral to hire out such prisoners as can
not be used on public works to labo
for private individuals upon such term
as they may deem proper, provided on
ly that the prisoners shall be locked il
the prison every night.
Are Legally Dead.
: One interesting law, which it appear
is not generally enforced, DEGREES tina
= every person sentenced to life imprs
onment is envy dead; that the sam
, disposition shall be made of his estat
, as if he had died the day sentence wa
/, pronounced; and any last will or tesla
Z, ment or codicil he may have mad
r previous TO that time shall take effec
r in the same manner as if he had die
, on that day.
. Under the laws mentioned, the pris
], oners in charge Of the high sheriff hav
I. to work whether they want TO or mo-
I. mud il rests with that officer and III
}. attorney general AS TO what labor the
= shah perform.
= No Federal Opposition.
/ There is nothing IN tho federal ST
:, uuies 10 prevent the employment q
/ prisoners on public works. Congress hu
apparently left the matter of workin
the prisoners Ia the hands of the a.
4 ihoptles ia charge of them. one hg
/, court decision states that the omiszio
4 ~ The words hard lubofh from SCI
4 tfntf aats not prevent the rmp.oymel
Il of prisoners n such las been the eu
|. TOM or ms been provided fof by n
: laufhm.tIrs.
Tine 10 the opinion Of a hlsl ffdeu
p nHf'H| HrIF hhH has node iHiy