This looked humane and innocent, and raised great hopes in prisoners;
and an improvement in their general demeanor was soon observable.
Question soon arising as to whether life prisoners could be brought
under the new law, it was decided that lifers who had served fifteen
years were eligible, if of good record,--not an extravagant act of
mercy,--and in obtaining this concession it was made known that the
warden of Atlanta Penitentiary was instrumental. Of course the
reputation of Atlanta as a model and humane prison was greatly enhanced
thereby.
But the prisoners, and perhaps the framers of the law also, had
overlooked one little word in the language of the law, which grew to
have a large significance afterward. The language is, that if the
prisoner's conduct has been correct, etc., he may be granted parole. If,
for that harmless looking "may," had been substituted "shall," or
"must," the secret annals of federal prisons since then would have been
spared much rascality, corruption, cruelty, torture and death; and
prisoners would not have hated and distrusted their keepers as they do
now, and subordination on one side and humanity on the other would have
received an impetus.
That "may" rendered it optional with the board to grant or to refuse
parole in any given case; they might not only determine whether or not
the conduct of the applicant had been, while serving his sentence, good
enough to justify clemency; but also whether, even then, it were
expedient to exercise it.
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