In so far as I have expressed my views to certain members of the Prison Directors, and their views accord with mine, I accept the responsibility.
I do not believe that Ruef should be paroled at this time. I insist that he shall be treated just like any ordinary prisoner, neither more harshly nor more leniently.
As vigorously as I am able, I demand that there shall be no special privilege in the prisons of the State of California, and that when special privilege has been banished from every department of government, it shall not be permitted, no matter what the power or threats, to creep into our penitentiary.
The grossest injustice that could be committed against the other 3,300 men confined in our State prisons would be to single out the one rich, powerful and conspicuous offender and, because of his riches and his influence, grant him what is denied to the humble and friendless prisoner. If prisons are to be maintained, and the system in vogue continued, all prisoners most be treated exactly alike.
Since the parole law went into effect, the Prison Directors have continuously acted under a rule which required, save in exceptional cases, the service of half of the net sentence before an application can be heard. In the Roberts case, recently decided, the Supreme Court held this rule to be illegal, but also held that paroles rested in the absolute discretion of the Prison Directors, and that in determining whether or not parole shall be granted, it was the right and duty of the Board to take into account the length of sentence, the time served, etc.
As I understand the attitude of the Directors, they insist that in the matter of granting paroles, although applications may be made after one year, it is neither unjust nor unfair nor illegal that prisoners be required, save in exceptional cases, to serve half the net sentence.
This rule is applicable to 3,300 prisoners, most of them unknown and unheard of. It is demanded that another rule be made for Ruef.
Ruef’s sentence was fourteen years. His net sentence will be eight years and ten months. Half of the net sentence will be four years and five months. He was received in San Quentin about March, 1911. If required to serve half his net sentence, presumably he will be paroled about August, 1915. Purposely, apparently, misapprehension has been created about the recent parole of Dalton. Dalton desired to be liberated before half his net sentence had been served, and was not. He was granted a parole at the last meeting of the Prison Directors, which takes effect some months after the completion of half of his net sentence.
The Recent Action of the Prison Board.
In behalf of the parole of Ruef it is insisted that any man is entitled as a matter of right to a parole after one year’s imprisonment. I will not subscribe to this doctrine. It has been asserted that the Supreme Court has so decided. This is not true. The Supreme Court simply determined that after one year the prisoner had the right to make his application, but that his parole rested absolutely thereafter in the discretion of the Prison Board.