Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-01-21
SUPREME court
CHECKS LABOR
OF PRISONERS
Prison Reform Scheme Gould
Not Work, Says Terrific
rial Official

People who are getting all stirred
up over alleged labor of prisoners and
who are calling for prison reform
might look up the well-known supreme
court decision on the subject" said q
territorial official this morning.
Il notice the morning paper says
there is no reason why the territory
should not have laws permitting jail
ers to work. county prisoners on pub
lie works without securing the writ
ten consent of the lordly Migrants.
etc. Well, there Is a supreme court
decision on the subject, and as Gov,
ernot Frear is quoted this morning
on the subject, it might be interesting
to see what he, the chief justice Of
the, territory, said about prison labor
in 1906. It will be. found on page
100 OF Volume II, Hawaiian reports"
The decision referred to, Is lin the
matter of the application. of Wong
Lung for a writ Of habeas corpus.
The case was decided November %,
1906, the supreme court, consisting OF
Chief Justice. Frear and Justices
Hartwell and Wilder, holding as fol-
lows: <..- .s= ~. .
Infamous punishment-Unlawfully
imposed by jailer on misdemeanant.
Compelling prisoner to go
through public streets and labor on
the public parks in public view in jail
uniform, though not striped, is In
famous punishment, and cannot law
fully be imposed on one convicted OF
misdemeanor, even on the pretense
that it is for the health as distinguish.
ed from the. punishment OF the prisons
er; but the fact that such misde-
meanant when held under lawful
sentence is subjected to such punish
ment by the jailer, without authority
of law, does not entitle him to a dis.
charge on habeas corpus, at least
when the unlawful punishment was in
flicted only for a brief period and had
ceased sometime prior to the applica-
tion of the writ. 49, E.
Oral Opinions s. Il. e.. M
This was an application for "a writ
OF .habaes corpus for the discharge Of
the applicant, who was serving term
OF six months Imprisonment in Ho-
MOULIN Jail under sentence of the,
district magistrate Of Honolulu for
having received stolen goods. The,
ground relied on for, the prisoners
discharge was that the high sheriff
as custodian of the prisoner In such
Jail inflicted upon him infamous
punishment by compelling him, clothed
in convict garb, TO perform hard labor
in said Honolulu before the public
eye. and to pass along the public
highways In going % and from SUCH
hard labor. The respondent admitted
that the prisoner was required to.
pass through the public streets OF Ho-l
noIulu and to. work upon a public
park In public view in the unstriped
uniform of the inmates of such jail.
The defense was that under the rules
of the prison inspectors the high
sheriff might upon recommendation
of the prison physician, for the main
tenance Of the good health of the
prisoners, compel them under the
supervision of guards to perform man
ual. labor at such places and under
such conditions and at such times as
may seem best for the health of such
prisoners.
"Frear., j. c.: The court Is Of the
opinion that the treatment by the
high sheriff was Of an infamous ma
ture, that is, that it is infamous pun
ishment to take one sentenced for the
of a misdemeanor, I'M
prisoned in Honolulu jail, through the
public streets in a uniform-the uni
form used in. that jafl-and compel
him to work on the public parks OF
the city in the, public. view, but the
court is OF the opinion that that does
not necessarily entitle the prisoner to
his discharge.
"HartweIl, j.: AS to what constitutes
infamous punishment, there are many
different things, not merely hard
labor as the attorney-general has said.
Being found in company with felonS
is per Sc an infamy. Hard labor is
not per Sc infamous. On the cons
trary it is highly honorable in the
opinion of a great many persons in
Guiding myself. 1t is the compulsory
association with, felons, or. the com
pulsory hard labor in the public eye
which tends to produce infamy. II
would not say that compulsory hard
labor away from the public gaze was
Infamous by any means, but bringing
one before the public dressed in. garb
that shows he is convict, whether
his hair is cropped or not-so that
everyone understands that he is
placed at the hard labor usually i'm
posed on convicted felons."
~ II Of