Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-09
DOCKET
in CIRCUIT court
Shown in Report
One Division Must Handle Case
a Day to Clear Calendar,
Says Judge Ashford T.

Circuit Judge Ashford formally
closed the 1914 term of court for the
first circuit at noon today, simultane-
ously submitting the annual report of
his division, with the comment of a
decidedly interesting character, to the
chief justice of the supreme court.
Among other things his summary
shows that Judge +. b Stuart ofrtfie
third division is confronted with
formidable trial calendar, containing
total of 326 cases to be disposed of
in the coming year. The third division
in the year just closed disposed of
only III cases. To clean up the slate
merely of the suits now pending, not
counting new ones which will be filed
in the next IL months, Judge Stuart
will be called upon to dispose of an
average of one per day for practically
every working day Of 1915. VI
Judge Ashford reiterates, in his an
nual report, the opinion advanced by
him shortly after he took office last
fall, that the indeterminate sentence
law applying to penalties for crime is
unconstitutional. He again recon-
mends its repeal by the next legisla-
ture. He suggests the advisability of
more definite parole system, saying
upon this point: -. 49,
''$t is true that at least one Ameri-
can court of high authority (supreme
court Of Pennsylvania) has held that
any interference with the execution of
the judicial sentence of a court hav-
ing jurisdiction in the premises, by
executive boards or officials, through
the medium of reducing the terms of
imprisonment imposed by, such SEN
tences, is in itself an invasion of the
prerogatives of the judiciary, unless
it shall be done under the authority
usually vested in the chief executive i
to grant combinations, reprieves, par.
dons, etc. But / have my doubts !
whether that view should now be ac- !
cepted and acted upon by our courts, !
and it may well be that provision
might be made for the parole or other
conditional discharge of prisoners from
Imprisonment, through the medium of
the executive officers before the ex-
piration of the sentences imposed,
without violating any constitutional
- .s~@s II +
Judge Ashford asserts that 1t seems
to compel the executive
officer to wait a definite length of
time before he can exercise the pa
role power, a limit now placed on the !,
governor under the indeterminate
sentence act -. =. -. :.-..z=
Judge Ashford says he has been
unable to find any legal authority vest
ed in the governor to grant commuta-
tions of sentence, though that power
has been and is constantly exercised. +
He may reprieve the prisoner, or
pardon him, for either of which acts
he has specific authority, but, for a
of sentence have found
no authority in the written law" says
tho court.
He advises that this subject be SUBJ
mitted to the incoming legislature
with a view to obtaining more com
prehensiye provisions.
One other feature Of the report is
the courts recommendation that stat
utes be enacted providing imprison-
ment and suspension of drying Ii
censes as penalties Tor persons con-
Victed of needless, reckless automobile
driving. This is fairly well covered,
he says, in the new ordinance Of Ho-
nolulu, but he advises legislative &C
ton that the penalties may be uni
form throughout the territory, be-
cause the local ordinance might be
EASILY repealed by the supervisors at Il
any time.
(