Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-12-21
LAW TIESHANDS
Of GOVERNOR AND
PRIS0s BOARD
Cases Of Goo raj Chong and
Henry B. LEXIS Bring Up
Subject Of I arly Paroles

Explanations Of tive parole of two
notorious prisoners. Goo Tai Chong
and Henry B. Lewis By the governor
few days ago came 20 the, Star-Bui-
letin today. the facts showing that un-
der the legal opinioll and judicial rui-
ing the prison boaru and the governor
are virtually Obliged to allow paroles
when the minimltth term under the in
deterIninafe sentence law has been
served.
Goo Tai ChoRg, bank embezzler,
convicted on Aprii Il 1913, was SEN
fenced to serve not less than five nor
more thai 10 years. Henry b. Lewis,
convicted of second degree robbery
on May 5, 1915, got ] two-year SEN
tence. Both were parled by the gov
ernor last Tuesday afternoon. The is
suance of the paroles caused much
comment and considerable criticism
on the ground that the men were get
ting off easy"
II is widely though not perhaps gen.
orally known that the governor, in is
suing paroles and pardans. acts on the
recommendation OF the prison board,
composed of Z. II, WUdehouse, chair
man; j. NJ. Dowsett and j. w. Wgld-
ron. 1t is not, however, known except
perhaps to few that the prison board
itself is virtually bound by legal inter
probation Of the law under which SEN
tences are given.
Commissioner Waidion explains to
the Star-BuIletin that the board has
been given rulings BIZ the judges
Al oh {e1. .7ksg a Ia 81
torney-generai as well, which make it
almost obligatory to recommend for
parole prisoners who have served the
minimum sentence and against whom
there are no black marks, such as
previous conyictions. & dark-cell rec
ordsp and the IN .&s 49,
= The board, wishing % get an Off
cial ruling on the question of paroles.
wrote to every circuit court Judge in
the islands asking what the indeterm-
mate sentence law means in reference
to paroles and pardons With one ex-
ception all the judges answered that
be eligible to parole when he has serv.
ed the minimum sentence, the board,
of course, to determine whether his
record in prison entities him to con-
sideration. The isingle exception was
that OF Judge Dickey of Kauai, who
put the Interpretation of the law back
up to the board again.
The board also took up with the
attorney general the question of time
off for good behavior, should be taken
from the minimum sentence, and re-
ceived the reply that it should.
Therefore, If a prisoner has served,
year sentence, has good prison rec.
ord. Is recommended as a good con-
duct man by the high sheriff-the
prison warden-the BOARD under the
ruling II has received feels that 1t
must make the recommendation for
parole to the governor. Thus the in
determinate sentence law becomes
minimum sentence law
and it is following an established pre-
cedent for the board to recommend
the parole of prisoners as soon as
they have served their minimum |
time, counting time off for good con-
duct.
There still remains hanging over
the pIISOHeI WHdI dLnOuHlS 10 d SuS- |
pended sentence, since he is not par
doned. and any time within. the re.
mainder of the period named he may
be apprehended again and sent back |
to Jail.
AIembers Of the prison board are |
emphatic in the statement that the |
governor has never acted unless the |
case has Deen referred to the board |
by his office or unless the recommen-
dation has first come from the board |
On the day that Chong and Lewis |
were paroled. similar treatment was |
given six other criminals. Several |
other cases are before the board to |
be acted on before Christmas. On |
Christmas the governor usually issues |
pardons or paroles to number of |
criminals recommended for such ac-