Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-12-23
JUDGE MAINTAINS
GOVERNOR HAS NO
RIGHT TO COMMUTE
Ashford Thinks Legislators
Might Alter Indeterminate
Sentence Law

sentence law, now In effect In Ha-
wall and holds that the governor has
no authority to commute tne sent
ences OF criminals.
In a statement given the Star-Bul-
letin on Friday. Judge Ashford calls
attention TO the following item APP
pearing in a recent edition OF the Ad-
Nertiser:
The prison board, with a view to
having the action of indeterminate
sentences definitely defined, recently
wrote to every Judge in the territory
for his opinion on the matter. With
the exception OF Judge Dickey OF Kau-
oil, all replied TO the effect that in their
opinion the law means that a prisoner
serving an indeterminate sentence and
whose prison record is good must be
paroled at the end OF the minimum
term, and in addition is entitled to
Communication OF sentence for good con-
duct"
Referring to the foregoing state
ment, Judge Ashford says:
Either Mr.. Waldron or the re-
porter is very much mistaken If IL is
intepded to include me among the
JUDGES who so advised the board.
Il have never either expressed or
held such view and have felt very
greatly disguised in many instances
TO see the celebrity with which GRIM
inals are turned loose on parole upon
the expiration Of the minimum sent
.ence imposed by toe courts.
The very object OF the indeterm-
mate sentence law Ito which | am
greatly opposed). Is to vest a discre-
ton in the warden Of the prison, the
prison inspectors and the governor,
acting successfully and separately, as
20 when the prisoner shall be par
oiled or whether he shall be paroled at
all. until he has served the minimum
ternf provided by law.
The whole object Of imposing a
minimum term Is to invest those Of
ficisls With the right and discretion.
st the end a. such minimum term.
TO say whether the prisoner shall be
discharged and this discretion COM
tinues thence until the end Of the
maximum term prescribed by law for
the offense .of which be Is convicted.
Thus. IN the case Of Paul Boggs.
convicted Of robbery, I imposed q
minimum sentence Of Imprisonment
for not Less than one week, with the
distinct purpose Of placing the execu-
tive officials IN q position where, at
the end of week. and at any and all
times thereafter until the maximum
term provided by law should be
served. they could exercise their dis.
erection as to whether he should be
paroled or not. This very short min
inum sentence was imposed out of
special consideration for Boggs'
l'ealth. which was, at that time. pre-
carious.
aHe was held in prison a consid-
cradle period-something over year
81 am correctly informed. and was
then released on parole.
II have opposed and still oppose
this law as being unconstitutional. put
as the supreme court has decided
otherwise, the circuit court must bow
n that decision. feel that the Judge
who tries the case and thereby be-
comes familiar with all its angles, is
much better able to decide, at the
time, how many months or years
prisoner should serve in prison. than
the warden Of the prison. the prison
inspectors or the governor can pos
sibly become after a lapse Of months
or years when the minimum term i'm
posed on such prisoner has expired.
81 feel that the legislature, If it IL
welded to the idea of parole sys-
tenn. should so amend the law as to
vest the discretion in the executive
officers to grant the parole at any
tine after conviction, irrespective OF
the length OF the sentence.
Circumstances may arise in the
case OF any convicted prisoner (such
as the condition Of dependence, or
otherwise. of his family, for example),
which may make II prudent and de-
sirable that he be Immediately
paroled.
But under the law as il stands,
such parole cannot be legally granted
rntil the minimum sentence has been
worked out. While / concur in the
view that all convicted prisoners are
entitled to the statutory commute
tions Of their terms. for good conduct.
yet have been repeatedly surprised
10 see how soon after conviction and
sentence certain of the prisoners have
been paroled, nevertheless, upon look
ing them up. conclude that the ex-
ecutive officials are adhering strictly
to the statutory provisions in regard
to communication. which, in all sent
ences ranging from six months to five
years, amounts to a deduction Of 90
per cent of the term imposed by the
trial court.
There is another branch of this
subject that should have the attention
OF the legislature; namely, that of the
communication Of sentences of prisoners
nv the governor. As the result of a
thorough investigation of the law on
this subject / pointed out in an opin-
ion rendered by me about two years
ago that the governor is not invested
with the right to commute the sent
ences of prisoners.
He is invested with the right to
grant reprieves and pardons. but not
combinations.
'sThis point assumes a special inter-
est in view of the recent alleged COM