Cardisco v. Davis, Warden of State Prison

If the good conduct statute be construed as mandatory, thereby curtailing or controlling the discretion of the Board of Pardons, then I would concur with Mr. Justice MOFFAT that such legislation is an unauthorized intrusion by the Legislature into a field wherein the Board of Pardons has exclusive power under the Constitution. However, I am impressed with the view that such was not the legislative intent or purpose, but that the statute was intended as directory only and not mandatory. I think this becomes evident when we construe the present statutes in the light of their history and…