_In Kentucky_: The New York Evening Post says editorially:--“From
Kentucky comes the report of a decision of its Court of Appeals which
appears to be most unfortunate in its effect, but entirely justified
by the facts of the case. The decision declares unconstitutional a
prison-reform act passed by the Legislature in 1910, which provided for
one of the State prisons becoming a reformatory for first offenders,
and the other a penitentiary, for the education of prisoners, and
for the assignment to them of a portion of their earnings under the
prison labor contracts. The decision was not based on any objection
whatever to the provisions of the bill; neither was it grounded on a
“technicality”. The trouble was that the bill, which was in the nature
of an addition of new sections to a pre-existing law, did not set forth
the whole act as it would appear after amendment, as required by the
State Constitution; also the payment of prisoners was not mentioned
in the title. The Court disavowed any desire to interfere with the
freedom of the Legislature except so far as distinctly required by
the Constitution; but the opinion went on, “to say that this act
does not boldly violate section 51 would be to say that the words of
this section have no meaning or effect, and that a section of the
Constitution has no more force than a legislative act.” There is no
getting away from this view of such a matter, unless we are to take
the position that there should be no Constitutions at all. In support
of that position there is room for valid argument; but to have a
Constitution, and yet set it aside when we please, is to invite the
dangers that would go with the abolition of Constitutions without
getting its advantages.”
* * * * *
_The Indeterminate Sentence and “Good Time.”_--According to the
Louisville (Ky.) Courier Journal, “some of the prisoners in the
Frankfort Reformatory are said to be preparing to file a suit to compel
the Prison Commission to carry out the law which gives eighty-four
days’ good time to every convict.
“There is no question as to the existence of such a law, but the Prison
Commission has not seen proper to apply it to those prisoners who were
convicted under the indeterminate sentence law. This seems to have
been in accordance with common sense. A prisoner sent up under the
indeterminate sentence law for a term of, say, one to five years is
eligible to parole after he has served his minimum term of one year.
If the good time allowance also is applied such a prisoner, one of the
commissioners has pointed out, would have to serve only about nine
months to be eligible for parole.
Public-domain text, read in full here on John Shaqi.
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