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+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #54486 (https://www.gutenberg.org/ebooks/54486)
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-*** START OF THE PROJECT GUTENBERG EBOOK 54486 ***
-T
-
-
-
-  VOLUME IV, No. 1.       JANUARY, 1914
-
-
-
-
-  THE DELINQUENT
-
-
-  (FORMERLY THE REVIEW)
-
-  A MONTHLY PERIODICAL, PUBLISHED BY THE
-  NATIONAL PRISONERS’ AID ASSOCIATION
-
-  AT 135 EAST 15th STREET, NEW YORK CITY.
-
-  THIS COPY TEN CENTS.             ONE DOLLAR A YEAR
-
-  T. F. Garver, President.
-  Wm. M. R. French, Vice President.
-  O. F. Lewis, Secretary, Treasurer and Editor The Delinquent.
-  Edward Fielding, Chairman Ex. Committee.
-  F. Emory Lyon, Member Ex. Committee.
-  W. G. McLaren, Member Ex. Committee.
-  A. H. Votaw, Member Ex. Committee.
-  E. A. Fredenhagen, Member Ex. Committee.
-  Joseph P. Byers, Member Ex. Committee.
-  R. B. McCord, Member Ex. Committee.
-
-
-
-
-WHY DELAWARE USE THE WHIPPING POST[A]
-
-BY CHARLES R. MILLER, GOVERNOR OF DELAWARE
-
-  [Delaware has received in recent months national
-  attention because a member of Congress asked in Congress
-  whether the use of the whipping post in Delaware cannot
-  be declared contrary to the provisions of the national
-  constitution. To flog prisoners seems to most people a
-  relic of barbarism. Is it justified? Do you agree with
-  the Governor of Delaware?]
-
-
-Delaware has whipped criminals of certain types since 1656, and
-will continue to whip them until the statutes under which corporal
-punishment is indicted shall be repealed.
-
-Congress cannot, and certainly will not, interfere in the exercise
-of proper authority under the law, and as the whipping post is an
-integral part of the criminal law of Delaware every law officer must
-consent to its use regardless of any personal views he may have in the
-matter. Hysterical women, weak men, bullies, cranks and blackguards
-in all parts of the country have written to me demanding that I set
-aside the law and prohibit whippings for crime in Delaware. These good
-souls give no heed to the fact that the whippings are quite as legal in
-Delaware as imprisonment. Their demands amount to anarchy, so far as
-law enforcement goes. They cry, “Down with the law!” without knowing
-whereof they speak.
-
-I want every criminal, every sharper and every moral leper to know that
-if he comes to Delaware and violates the law he will not only serve
-a long term in our none too comfortable jails, but that he will be
-whipped in public on his bare back before he enters his cell. I wish
-this fact could be spread to the uttermost corners of the country.
-
-Delaware wants no undesirable citizen. This State offers nothing but
-the whip and the workhouse for the gunmen, white slavers, panders,
-highwaymen and common thieves which people the underworld of some of
-our larger cities and who seem to get a certain amount of applause for
-their more daring performances from the same type of people who demand
-that I shall set aside a fundamental law of my State and defy the
-decrees of our High Court.
-
-[A] From several newspapers.
-
-Delaware houses one-half of her population in the city of Wilmington.
-All the rest of the State is strictly rural. Our people are of the
-soil. They are typical farmers—plain, wholesome, God-fearing people
-who obey the law and who punish crime with severity. We have neither
-the means nor the machinery with which to patrol our rural districts
-with armed officers. It follows, then, that we must have laws carrying
-severe penalties and rigidly enforce them.
-
-Half the people in Delaware south of Wilmington never lock their doors
-at night, window fasteners are uncommon, and thought of burglars is
-totally absent from the minds of our people. Once in a long while some
-half-drunken loon will enter a house at night. When he is not kicked
-out as a mere intruder he is locked up, tried, convicted and whipped
-according to law, and then locked up long enough to think it over
-himself and to deter all others from a like offense.
-
-Those who criticise the whipping post adversely overlook the fact that
-Delaware is the broad highway between four chief American cities.
-
-Our unthinking critics include those who do not know that time or
-the loss of time means nothing at all to a very large proportion of
-our population. A day, or a week, or a month, more or less, costs a
-low-grade negro nothing at all in opportunity or in money. The native
-negroes of Delaware know their place and make no trouble. They are far
-above the average in habits and in intelligence, but we have a floating
-negro population which is definitely bad, and we must safeguard our
-people, white and black, against those who come from all parts of the
-Shore country to the canneries, work a few weeks or months and then
-pass on, only to give place to another lot just as bad, or even worse.
-
-The negro with city habits is a worse proposition than the farm trained
-hand, who is usually law-abiding and useful. Delaware can handle her
-own negroes with little or no force, but the passing throng of bad
-men needs attention, and they file by with eyes front on the whipping
-posts. Cells mean nothing at all to such men, white or black.
-
-Delaware is absolutely free from all forms of white slavery. This
-particular form of crime is punished here without recourse to the
-Mann Act or aid from the Federal authorities. Did the whipping post do
-naught else but keep cadets out of Delaware it proves its eternal value
-here. In every other State in the Union in which there is a large city
-the white slave problem comes up with a degree of regularity. The same
-people who condemn the whipping post wring their hands and wonder what
-to do about the cadets and their wretched victims. Delaware answers,
-“Whip the cadet!”
-
-Years ago a gang of desperadoes undertook to rob a Wilmington bank.
-They tunneled under the building, and would have carried off $500,000
-in negotiable securities but for the suspicions of an alert watchman.
-They were arrested, and on trial paid one attorney a very large fee
-solely to the end that they might be saved from the public whipping.
-The late great Chief Justice Lore sentenced them to long terms in
-prison and to the utmost limit of the law as to pillory and lashes.
-
-There has never been a bank robbery attempted in Delaware from that day
-to this by professional burglars. These men were bank robbers of the
-first grade; the same men who managed one of the sensational robberies
-in New York—the Metropolitan Bank, I think. That type of criminal never
-considers Delaware now for a second.
-
-A prison term means nothing at all to him, but he would never dare show
-his face in his usual haunts after the lash fell on his bare back in a
-Delaware jail.
-
-All prison reformers and all humanitarians agree that the object of
-all punishment is to prevent crime—remotely to cure the criminal.
-We are not discussing the cure of criminals. We are discussing the
-whipping post per se, and I submit that the whipping post has prevented
-two of the most terrible of all crimes short of murder—white slavery
-and burglary. There is a grave doubt in my mind if there has been a
-single burglary in Delaware within twenty years committed by a man who
-was entirely sane and wholly sober, and I do not recall any second
-offenders.
-
-It will not be seriously questioned that society has a right to protect
-itself. If the whipping post proves to be a perpetual and potential
-protector against the burglar, the highwayman and the cadet, why cry
-down its effectiveness? New York had an epidemic of gunmen; Chicago had
-an epidemic of highwaymen; Boston and Philadelphia made war on cadets.
-Delaware simply painted her whipping posts and multiplied school houses.
-
-Within recent weeks, in Philadelphia, Judge Norris S. Barratt declared
-from the bench that nothing except a thoroughly good whipping at a
-public post would serve to adequately punish a wife beater before him.
-This learned jurist is intimately familiar with social and political
-conditions in Delaware and, before the Sons of Delaware, most ably
-defended the whipping post as an aid to crime prevention.
-
-Solitary confinement has been proved a failure. It rots out the
-prisoner, destroys all ambition, and when his hour of freedom comes
-he is without initiative, without occupation and without hope. Trades
-are now taught these men, but day after day they are “lined up” as
-professionals, and their lives become a misery to them.
-
-Now I repeat that the basic idea of punishment has to do with the
-protection of society against the criminal. It would be a little beyond
-me to explain the psychological effect of a public whipping upon the
-mind of a professional criminal, but of course I had ideas. The fact
-remains, however, that the mere prospect of such a whipping keeps men
-out of Delaware who would not hesitate a second to “shoot up” a dance
-hall in New York or Chicago.
-
-It is a fact of common knowledge that ship masters of undoubted
-courage, of tested and proved valor, are as timid as little children
-when ashore; that firemen who never give a thought to personal peril
-at a conflagration, bawl and make an awful to-do about having a tooth
-filled. Frank Gotch, the wrestler, who could tear an ordinary man apart
-with his hands, bows with absolute submission, I am told, to the will
-of Mrs. Gotch.
-
-Doubtless the men of science, the psychologists, have a definite name
-for this phenomenon of the mind. I do not know this word, but I do
-know that burglars and highwaymen who would brave the police force of
-Philadelphia or any other large city will not even consider a “job” in
-Delaware and that these men when asked why, invariably reply that they
-will take no chance of the whipping post. It may be a display of vanity
-more than fear. I do not quite know.
-
-I have no quarrel with those who want to reform prisons, but I am a
-most earnest advocate of any and every method that prevents crime, and
-this the whipping post does to a marked degree.
-
-The sense of shame that follows a public whipping is quite a different
-matter from the innermost feelings of the same man flogged in privacy.
-In the underworld, where there exist strata of preferment just as there
-are social equations in organized society, a man who has done “a bit”
-of long duration lives in a degree of reflected glory. A yeggman who
-has served ten or twelve years in Cherry Hill, Sing Sing, Joliet or any
-one of the other notorious prisons has a certain standing among his
-fellows in crime. But it is a curious yet certain fact that the man
-who is whipped in public loses caste at once and forever. It seems to
-be that in having been sentenced to be whipped, the scene in the court
-room, the display in the jailyard and the final flogging—all produce a
-profound and a lasting mental shock.
-
-This is not true when a mere warder calls a man out of his cell, beats
-him and then throws him in a dark hole. This performance is followed by
-mere resentment. The victim of this system, and the prisoner is very
-often a victim, merely promises himself to kill the warder if he ever
-has a chance, or some like foolish threat. Not so when a High Court, a
-Chief Justice, amid scenes of dignity and decorum, orders the whipping.
-It is the effect upon the mind of the man whipped and the result of the
-whipping upon the minds of other criminals that count. It is purely
-psychic but it is none the less effective.
-
-None of the men whipped in Delaware is punished to the point that very
-great physical torture follows. Such a lashing would create a martyr
-of a criminal, and this must be avoided.
-
-Criminals of the type that hold up trains, raid banks and rob
-Government buildings are jealous of their reputations in the
-underworld. Once whipped they become objects of derision and contempt
-in their own circles. Some of these men are inordinately vain. It is
-quite likely that this vanity, affectation or love of even doubtful
-glory deters them from invading Delaware and daring the post.
-
-Notice how the arrest of a notorious yeggman is always followed by
-accurate reports of his record. Study these records and you will seldom
-see that the prisoner was whipped in Delaware. It is idle to assume
-that these men are afraid to come to Delaware because we have police,
-a militia and all the other agencies for the enforcement of law. These
-are common to all communities. They are not in any degree afraid of
-the physical punishment involved in a Delaware whipping. Many of them
-in friendly boxing bouts are more thoroughly beaten up every few days
-while exercising. It is the preliminaries, the mental picture of the
-trial, the solemnity of the sentence, the ignominy of the performance,
-and, last of all, the contempt, ridicule and humiliation at the hands
-of their consorts, male and female, that produce the result first on
-the individual whipped, and ultimately upon all of his kind.
-
-If there was nothing to it but a mere flogging by a prison warder
-of doubtful authority; simply one man in brief authority beating up
-another man but temporarily in his keeping, there would be, could be,
-no such result, and the whipping of criminals would probably degenerate
-into revolting performances with attending scandals. The Delaware
-system precludes any such possibility.
-
-The women of the nation lead in all humanitarian work as they should.
-In every large city in the United States, except Wilmington, Delaware,
-some brute is sent to jail every day or so for wife beating. Chicago
-has had to establish a Court of Domestic Relations for the almost
-exclusive benefit of women who have been whipped by beasts who swore to
-love and honor them. Delaware will never need any such court so long as
-the whipping post is so near the court house and in such great favor
-with our judiciary. There is no Judge sitting in Delaware who does not
-strongly favor the last for wife beaters.
-
-Some of our good friends who call themselves penologists,
-philanthropists, humanitarians and prison reformers overlook one all
-important matter in their crusades. This essential is the prevention of
-crime. Without discussion I will agree to everything that any of them
-propose for the health and education and reformation of a criminal, but
-I still insist that he is best off when he is kept from crime.
-
-The people of Delaware are not barbarians. In education, in culture, in
-true charity and in man’s love for man the people of Delaware rank with
-the best in the land and in patriotism second to none. It is absurd to
-attempt the indictment of a people of a sovereign State. Delaware has a
-proud place in the history of the country and is prepared to meet every
-proper issue as it arises and Congressmen from the wilds of Montana
-will do well to study the practical results following legislation in
-Delaware before asking for Federal interference in a purely State
-matter.
-
-Let every professional criminal in all the world know that Delaware is
-no field for his operation; that crime here means public whippings on
-the bare back, the ultimate of public disgrace, absolute enforcement of
-the law and Delaware will be well served. Other States may toy with the
-criminal; experiment with crime and multiply the police, but Delaware
-will continue to prevent crime and thus save the criminal from himself
-and protect the public from the criminal.
-
-There is no considerable sentiment against the whipping post in
-Delaware.
-
-
-
-
-TROUBLES OF THE TEXAS PRISON SYSTEM
-
-BY TOM FINTY, JR.
-
-  [This is the second and concluding article by Mr. Finty.
-  The first article appeared in the December, 1913,
-  Delinquent. Mr. Finty’s two articles are an especially
-  interesting statement.]
-
-
-In the foregoing I have attempted to outline the situation of the Texas
-prison system, to show how a burden of loss and debt has followed
-marked financial prosperity, and to indicate why the public is puzzled
-over the situation. I shall now endeavor to outline the causes of this
-condition, my statement being based not merely upon the conclusions
-of the investigating committee of 1913, but also largely upon the
-testimony taken by the committee, which testimony I heard and reported.
-This statement necessarily will include something of a review of
-provisions of the prison reform act of 1910, of criticisms of the same,
-and of the revisions which the Legislature recently tried to make.
-
-When the prison reform act of 1910 took effect on January 20, 1911, and
-Governor Colquitt appointed his prison commissioners, the system was
-clear of debt except as to a small sum in current bills for supplies
-just received and on hand. There was also outstanding $100,000 of bonds
-secured by a direct lien on the Texas State Railroad. These bonds are
-still outstanding, and they are not taken into account in any of the
-statements hereinafter made.
-
-The prison population when the new law took effect was 3,578. Of
-this number 1,046 were hired out; 831 were working on share farms (a
-modification of the hiring-out system), and 1,701 were employed upon
-State account, 586 of these within or near the walls, and 1,115 upon
-the State farms.
-
-The acreage cultivated on the State farms was 18,097; on share farms
-25,363, and on contract farms 18,680; total 62,140.
-
-The prison population on September 30, 1913, was 3,926, all of which
-force is employed on State account, 733 of the prisoners being in or
-near Rusk and Huntsville prisons and 2,965 on State plantations. These
-plantations now include certain rented lands, adjoining the lands
-owned by the State. The prison population is classified as follows:
-White 1,244, blacks 1,919, mulattoes 335, Mexicans 405 and Indians 3.
-The number includes 92 females, 7 of them white, and 85 black.
-
-The acreage cultivated by the 2,965 prisoners on State farms in 1913
-was 36,993, as compared with 62,140 acres cultivated by 2,807 persons
-at the time the new law took effect.
-
-The reports of the prison commissioners and of chartered accountants
-show that in the two years next following the date the act of 1910 took
-effect the prison system’s losses from operation were $722,773.41; that
-debts aggregating $1,528,458.04 accrued, and that $310,000 appropriated
-from the public treasury had been expended.
-
-Marked difference of opinion as to the cause of this fiscal situation
-exists. Obviously, the debt is due in part to the operating losses, and
-both the debt and the losses were in part caused by lack of operating
-capital.
-
-A part of the debt represents outlay for improvements and equipment
-necessary to provide housing and employment for the convicts withdrawn
-from the hiring-out system. A part of it, as already suggested,
-represents lack of operating capital.
-
-When a large proportion of the convict population was hired out, the
-men who hired the convicts furnished the land, mules, implements and
-houses. When the State withdrew the convicts from hire, it had to
-provide all of these things.
-
-When the convicts were hired out, their wages were paid to the State
-monthly, regardless of the profits or losses of the contractors. This
-income furnished an operating capital for the prison system as a whole.
-It was a substantial income: the State received $31 a month for each
-first-class convict, making a large profit after it had paid for food
-and clothing and for guarding. When the convicts were withdrawn from
-hire, this steady and dependable income stopped. Expenditures continued
-steadily throughout the year; the bulk of the receipts came at the end
-of the crop year, and, of course, the income was as uncertain as is the
-weather and the crops.
-
-Thus, much of the indebtedness is explained. However, the wisdom of
-the commissioners in abolishing the contract system almost three years
-before they were required by law to do so has been questioned. It has
-been asserted that if they had permitted the contracts to continue
-during the three years, receiving the income therefrom, they would have
-been prepared to enter upon a complete State account system with much
-better chance for it to succeed. It should be noted, however, for what
-it may be worth, that some of the contractors said they did not want
-to keep the convicts under the conditions as to hours of labor, etc.
-imposed by the act of 1910.
-
-In considering losses from operation of the prison system, it is
-readily seen that expenses were increased by requirements of the new
-law. The investigating committee says that $379,791.73 was thus added
-to the expense account during the first two years. These requirements
-were:
-
-  1. That 10 cents a day should be paid to each convict who
-  had earned a diminution of sentence by good behavior.
-  The commissioners advocated a repeal or modification of
-  this provision. It is almost generally admitted that the
-  provision in its present form is not only too sweeping,
-  but also that it fails of its purpose. It has had little,
-  if any, effect in the way of encouraging good conduct.
-  Evidently, however, this negative result is due not so
-  much to the fact that the per diem was paid as it is
-  to the fact that the per diem has not been paid. After
-  the system became involved in debt, and the $310,000
-  appropriation above mentioned was exhausted, no further
-  payment of per diem was made, except as convicts were
-  discharged.
-
-  2. That convicts should be paid for overtime. The
-  comment upon the per diem item applies to this all the
-  way through. Most of the overtime has gone to cooks,
-  waiters and flunkers. Suspension of per diem and overtime
-  payments has caused much dissatisfaction among the
-  convicts.
-
-  3. That certain new offices should be created, teachers
-  be provided, and that the salaries of guards should be
-  increased.
-
-
-  4. That better provision should be made for female
-  convicts.
-
-  5. That all new convicts should be brought to Huntsville
-  prison before being assigned to other parts of the
-  system. The commissioners recommended the repeal of this
-  provision, because, they said, medical examination could
-  be made at the farms as well as at Huntsville. They never
-  seemed to understand the purposes of the requirement,
-  which was, briefly, to assign the convicts to proper
-  industries, to prevent sending to outside work men who
-  were likely to attempt escape or to foment mutiny, and
-  to secure to all prisoners some training in prison
-  discipline. This purpose being misunderstood, prisoners
-  are sent to the farms on the next train leaving after
-  their arrival at Huntsville prison.
-
-  6. That discharged convicts should be furnished a
-  railroad ticket to any point in the State, instead, as
-  formerly, to the place where convicted. The commissioners
-  recommended the repeal of this provision.
-
-  7. That the State should bear the expense of sending the
-  corpses of convicts to their kinspeople upon request.
-  Repeal of this also was recommended.
-
-There were two other matters upon which the commissioners were not
-in agreement. The first was the requirement of the law that convicts
-should not be worked more than ten hours a day, this limit to include
-the time spent going to and from work. The second was the abolition of
-whipping. This latter was not required by the law, but was enforced by
-executive order.
-
-Commissioners Tittle and Brahan attributed the losses from operation
-largely to the fact that the convict population upon the whole was
-not performing a reasonable amount of labor, as was indicated by the
-falling off in acreage cultivated. This condition they ascribed largely
-to the statutory limitation upon the hours of labor, and, further, to
-the fact that the most effective means of punishment (whipping) had
-been interdicted by executive order. The farm managers and sergeants,
-and, in fact, very nearly every officer of the system, supported them
-in these views.
-
-Chairman Cabell denied the truth of their deductions as to the
-abolition of whipping, and he asserted that in his opinion these other
-officers exaggerated the influence of the limitation upon the hours of
-labor.
-
-Certain of the new officers of the system who testified before the
-investigating committee said that most of the officers and guards,
-having been trained under the old order, were not in sympathy with the
-new law nor with its purposes. This suggestion was reinforced by the
-testimony of such officers, as is indicated in the foregoing.
-
-The circumstances attending the abolition of whipping ought also to
-be considered. The prison act of 1910 did not prohibit whipping. It
-limited it and provided safeguards against abuses. Many of the officers
-of the system were not in sympathy with such limitations. In the
-early summer of 1912, Chairman Cabell moved that the use of the “bat”
-should be discontinued and prohibited. His motion was defeated by the
-votes of Commissioners Tittle and Brahan. Thereupon, Governor Colquitt
-ordered the commission to adopt Chairman Cabell’s motion. It did so,
-unanimously.
-
-It was generally known throughout the system that practically every
-officer thereof believed it impossible to control convicts or to make
-them work unless the threat of whipping hung over them. Yet the first
-news of the change in punishment methods went out through the press
-during a political campaign. In many parts of the prison system, so the
-investigation disclosed, the convicts got their first information of
-the change from new prisoners. The effect was bad. Convicts reasoned
-that the authority of officers directly in charge was negligible; that
-these officers had said they could not control convicts or make them
-work without the “bat,” and, therefore, since the bat has been taken
-away, they could safely decline to work.
-
-The reluctance of these prison officers to shape their course to the
-new requirements, I believe, was based upon sincere conviction. The
-influence of their attitude upon results can only be conjectured. In
-this connection it ought to be stated that these officers asserted
-that whipping was less inhuman than the substitutes provided. These
-substitutes were chaining-up and dark-celling. The former consists of
-fettering the convict’s wrists at the end of chains suspended from
-above at such height as to cause him to stand erect, but flat-footed,
-with his arms extended as high as they will go. There have been some
-complaints that convicts have been chained so high as to require them
-to stand tip-toe. The possibilities in the use of the dark-cell were
-illustrated in the Harlem farm tragedy.
-
-A part of the prison system’s losses from operation were admittedly due
-to the following named causes:
-
-  1. Heavy damage to cane crop of 1911 by freeze.
-
-  2. Damage to cane and other crops in 1912 by drouth.
-
-  3. Burning of certain shops in Rusk and Huntsville
-  prisons, the losses aggregating $286,931. Neither the
-  indebtedness nor operating account were affected to the
-  full amount of this loss, for only about $60,000 was
-  expended in replacements. But both indebtedness and
-  operating loss were further swelled, to an unmeasured
-  extent, by reason of the interruption and disorganization
-  of industries; for a time there was no work for many of
-  the convicts to do.
-
-There was also evidence in the investigation to show that the plan
-of organization was imperfect. For one thing, the commissioners were
-serving under the statute, with their terms limited to two years, and
-they were therefore subject to removal in the event of change in the
-office of governor. Also, under this law, they were serving in the dual
-capacity of directors and executive officials. The system, therefore,
-had three heads of co-equal authority. Much of the testimony indicated
-that this system did not work well. The men who wrote the prison bill
-in 1910 did not originally intend to provide such a system, but at the
-last moment they changed their bill in response to an eloquent plea in
-behalf of the “commission form of government.”
-
-When the present Legislature met in special session in July, 1913,
-prohibition was still an active issue. Moreover, there were rumors
-that Governor Colquitt and former Governor Campbell would contest
-for a seat in the United States Senate in 1916, or earlier should an
-opportunity arise. Notwithstanding these difficulties or diversions,
-the Legislature, upon the whole, seemed sincerely desirous of providing
-a solution of the prison system problem. There was, however, no
-leadership upon the subject which any considerable number of the
-members seemed willing to follow. Indeed, the leaders were not in
-agreement. Most of the members confessed their ignorance of the
-subject, but in this situation many of them offered remedies of their
-own devising. Pride of authority flourished. It had become quite the
-style to advocate “humanitarianism;” accordingly many impracticable
-propositions were advanced. Most of these were rejected; some found
-their way into the bill finally passed.
-
-This bill provided that the members of the prison commission should
-hold office for six years, their terms lapping; that they should be
-paid $1,200 a year each, and should not be required to give all of
-their time to the service. In other words they were to act as a board
-of directors. They were authorized to appoint a general manager, and
-were not limited to the State to find one. This general manager was
-to receive not more than $6,000 a year, and to have full authority to
-employ and remove all other officers and employees of the system. The
-bill also modified most of the provisions of the act of 1910 which had
-been criticized; the limitation upon the hours of labor was slightly
-modified, and the per diem requirement was repealed. The provision
-of the law authorizing whipping within limitations and with certain
-safeguards was permitted to stand.
-
-These features were in line with the recommendations of Governor
-Colquitt, but he vetoed the bill because of other provisions. One of
-the objectionable features, this in lieu of the per diem requirement,
-was an elaborate scheme for profit-sharing as between the State and the
-prisoners. Many members of the Legislature and many citizens as well,
-thought it ludicrous to embark upon a system of profit-sharing at a
-time when there were no profits to be shared, and to bind the State
-to stand all losses while sharing the profits of prosperous years. My
-personal opinion is that the scheme, in the circumstances and in its
-detail, was chimerical.
-
-Subsequent to the adjournment of the special session, as I have
-heretofore stated, a new prison commission was appointed, this time
-for six years’ terms under the constitution. W. O. Murray, a successful
-merchant of Floresville, is the chairman. He served fourteen years in
-both branches of the Legislature, devoting himself, as chairman of
-the Committee on Appropriations, to the fiscal affairs of the State,
-and he resigned from the Senate to become the chief officer of the
-prison system. The second new member is C. J. Bass of Terrell, also a
-successful merchant. The third new member appointed is W. O. Stamps,
-a well-to-do farmer and saw mill man of Upshur county. Mr. Stamps
-served two terms in the Texas Legislature and was a member of the
-special committee which investigated the prison system in 1909. He is
-not exercising the functions of the office to which he was appointed,
-for the reason that Commissioner Tittle claims title to the place, and
-has been sustained in this contention by a district judge. The prison
-organization therefore will remain incomplete until the court of last
-resort has passed upon the case.
-
-The new board is assisted by an appropriation of $1,350,860.27 to
-pay debts, half of it not to become available until September 1,
-1914. It will not clear up all of the indebtedness. The total amount
-appropriated to the prison system since the act of 1910 became
-effective is $2,210,860.27.
-
-The indebtedness has increased since January 1, 1913, if payments made
-out of appropriations from the State treasury are not considered, but
-a fair statement of present indebtedness or of losses from operation
-in 1913 cannot be made until the farm products of 1913 have been sold.
-Cane is harvested during the early winter.
-
-It is known, however, at this time that the crops of 1913 have not
-turned out well and that the results of the year’s operations will show
-on the wrong side of the ledger. Nevertheless, it is inevitable that a
-large sum must be expended to plant and cultivate a new crop in 1914,
-the returns from which will not be received until late in the year.
-
-The losses have been increased through damage to the plantations
-through the recent floods of the Brazos River. It is estimated that
-such damage will amount to $500,000. The indebtedness, however, has
-been reduced in effect through a recent opinion of the Attorney
-General, holding that the law authorizing per diem payments to convicts
-is unconstitutional. The Prison System owed the convicts quite a large
-sum of money upon account of per diem, and this indebtedness has in
-effect been wiped off the books through the Attorney General’s opinion.
-
-In this situation, it is believed that Governor Colquitt will again
-convene the Legislature in special session in January to further deal
-with the problem.
-
-In my opinion, the chief needs of the prison system are a plan of
-organization of the sort which the Legislature sought to provide in
-its recent act; abandonment of the big plantation scheme, and adequate
-operating capital. Many penologists coming to Texas from other states
-have praised the big plantation scheme; the idea of working prisoners
-in the open air and under “God’s sunshine,” rather than in shops,
-appeals to them. A more intimate knowledge of the plantation system
-might convince these persons that its alleged excellences are largely
-moonshine. It should be remembered, for one thing, that most men in
-Texas, whether in shops, stores or offices, get more open air and God’s
-sunshine than do persons engaged in similar pursuits in more northerly
-latitudes. I believed that the big plantation system was bad even when
-it was financially profitable, or seemingly so. It has now ceased even
-to be profitable. Heretofore, few people agreed with my criticism of
-this system. There have been converts; yet, I am frank to say that not
-a very great number of persons are in agreement with me. Many now are
-opposed to operating the plantations now owned by the State, but most
-of these would have the State buy other large farms in a different
-section, abandoning the growing of sugar-cane.
-
-Practically all of the able-bodied convicts of the prison system
-have been put to work on the plantations regardless of their former
-occupations and regardless of their inclination to flee or to foment
-trouble. The four big plantations are situated in the valley of
-the lower Brazos River, in a wooded country which invites escapes.
-Consequently, it is necessary to have a veritable army of officers and
-guards. The pay-roll is enormous, although individual compensation is
-small. Because the compensation is small there is a constant shift in
-the guard personnel. As a rule most of the guards are unfit for the
-service. This assertion is supported by the testimony of a number of
-the officers of the system. Yet the convicts are directly and wholly
-in the charge of these guards the greater part of the time, sometimes
-being miles away from headquarters and officers.
-
-The plantations are in a rainy country; the heaviest work of the year,
-cane harvesting, is done at a season when the weather generally is
-inclement. It is true that free labor encounters the same conditions,
-but it is practicable for free labor to go to shelter, while
-impracticable to move large forces of convicts expeditiously. Moreover,
-free labor, as its name implies, is free to lay off when it so desires;
-prisoners, as the word implies, cannot do this.
-
-The Rusk and Huntsville prisons have cells in which usually one, and
-not more than two convicts, are kept. But only 16 per cent. of the
-total number of convicts are in these prisons. All others are on the
-plantations. The act of 1910 called for fireproof cell buildings on
-the plantations, but it did not provide funds wherewith to build them.
-Moreover, the prison commissioners, like their predecessors in office,
-deemed it impracticable and unnecessary to provide such buildings.
-Accordingly the new buildings which they have erected are of the old
-type, plus some improvements. These farm prison buildings are good of
-their kind, but the kind is bad.
-
-They are wooden dormitory buildings. In each dormitory a large number
-of convicts are housed, sometimes more than 100. They commingle and
-converse freely within certain hours. Among the convicts in every
-camp there are agitators, “congressmen” their fellows call them. The
-conditions are such as to permit, if not indeed, to invite, immoral
-practices, conspiracy and mutiny.
-
-The efforts to employ practically all the able-bodied convicts on the
-farms, to cultivate a large acreage, and to meet the varying demands
-for labor—this latter necessitating frequent transfer of convicts from
-plantation to plantation, and from shops to the farms—has practically
-defeated efforts at classification of prisoners as was required by the
-act of 1910.
-
-I do not see much hope for the Texas prison system unless provision
-shall be made for a business like organization; unless there shall be
-substituted for the plantation system a line of industries which will
-admit of the convicts being under the actual control of competent and
-suitable officers instead of incompetent and poorly paid guards, nor
-unless adequate operating capital shall be provided.
-
-In view, however, of the experiences here detailed, I am fearful that
-before such reforms shall be enacted the people will grow weary of
-footing the bills and will permit a restoration of the contract or
-lease system, possibly in disguise. The present situation is not unlike
-that of 1870 when the lease system was adopted.
-
-
-
-
-THE PRISON SHIP “SUCCESS”
-
-
-There is now being exhibited along the Atlantic coast the oldest and
-strangest craft afloat in the world to-day. This is the old British
-convict ship “Success,” now the only survivor of the “Ocean Hells,” as
-the ships of England’s fleet of felon transports were called in the
-first half of the last century.
-
-Built in 1790, at Moulmain, by the old pagoda “looking eastwards to the
-sea,” the “Success” is now 123 years old. No ship of anything like her
-great age to-day is seaworthy, yet this old hulk under her own sail
-has succeeded in crossing the Atlantic, her time of 96 days, however,
-creating no new record.
-
-Massively built throughout of solid Burman teak, the “Success” was
-first launched as an armed East India merchantsman with beautiful brass
-guns bristling from her sides and fitted handsomely for the reception
-of princes, nabobs and the wealthy traders of the Orient, whose goods,
-spices, aromatic teas, ivories, jewels and other costly luxuries she
-carried over the seven seas to the ends of the earth. Her tonnage is
-589, and she is 135 feet long and 29 feet beam. Her solid sides are 2
-feet 6 inches thick at the bilge, and her keelson is a solid teak baulk
-of tremendous thickness, with sister keelsons little less massive.
-Her square cut stern and quarter galleries stamp her at once with the
-hall-mark of antiquity, and her bluff bow shows that she could never
-have distinguished herself for a high rate of speed.
-
-Yet pains were taken to make her trim and smart, and fit to hold
-a leading place among her sister ships of the Anglo-Indian fleet.
-Remnants of great gilded scrolls upon a rich blue ground have been
-brought to light, on scratching away the super-imposed coating.
-The quarter galleries, too, were originally decorated with massive
-and artistic carvings. Escutcheons can easily be traced at regular
-intervals from stem to stern, and the fo’c’sle head, raised high aloft
-forward, bears at its extremity a symbol of innocence and beautiful
-womanhood in the original figurehead of exquisite design—a strangely
-inappropriate emblem in the days when crime-stained convicts in
-clanking chains put to flight all thoughts of innocence and beauty.
-
-Broken only by an occasional conflict with a pirate craft, the
-“Success” had an honored life on the ocean until 1802, when she was
-first chartered by the British Government to transport to Australia
-the overflow of the home jails, the unfortunate wretches who at that
-time were sentenced to from seven years to the term of natural life for
-offenses that would now be considered trivial and petty, warranting at
-most but a small fine.
-
-Some of the greatest writers of the 19th century devoted their pens
-to horror-compelling descriptions of the voyages of the felon-fleet,
-of which the “Success” was in her day the commodore or principal
-devil-ship. “The Convict Ship” described by Clark Russell in his novel
-of that title is in every detail an exact picture of the “Success” as
-she is to-day, unchanged after all her years, nothing being omitted
-but her human freight and their suffering from the cruelties and
-barbarities perpetuated upon them. In “Moondyne,” too, John Boyle
-O’Reilly described at first hand the “Hugomont,” a sister ship to this
-ocean hell, with a faithfulness which anyone on visiting her must
-realize.
-
-The human cargoes on these convict ships died off like rotten sheep.
-Here is an extract from an official record of the maiden trip of the
-“Success” as a convict ship. Dr. White, the colonial surgeon, reported:—
-
-  “... of 939 males,” he says, in 1802, “sent out by the
-  last ships, ‘Success,’ ‘Scarborough’ and ‘Neptune,’ 251
-  died on board, and 50 have died since landing, the number
-  of sick this day is 450, and many who are reckoned as not
-  sick have barely strength to attend to themselves.”
-
-In a further portion of his report, describing his first boarding
-of the “Success,” Dr. White said that he found dead bodies still in
-irons—nearly all convicts made the full voyage, often lasting nine
-months, heavily ironed—below amongst the crowds of the living. Here is
-his own words:—
-
-  “A greater number of them were lying some half, and
-  others quite naked, without bed or bedding, unable to
-  turn or help themselves. The smell was so offensive I
-  could hardly bear it. Some of these unhappy people died
-  after the ship came into the harbor before they could be
-  taken on shore. Part of these had been thrown into the
-  harbor and their dead bodies cast upon the shore, and
-  were seen lying naked upon the rocks. The misery I saw
-  amongst them is inexpressible.”
-
-Engaged in this hideous trade, the “Success” continued to serve until
-1851, in which year she was permanently stationed as a receiving prison
-in Hobson’s Bay, Australia.
-
-Cells, strong and gloomy, were constructed on the ’tween and lower
-decks, and in these the most desperate criminals that England and
-Australia could produce were “accommodated.” The lower deck was devoted
-to the very worst type of convicts, and only prisoners of the better
-class confined in the ’tween deck cells. “Refractory” prisoners were
-immured throughout the long days and nights in the noisome dungeons in
-the dark depths of the lower hold, and were never allowed on shore on
-any pretext. Their only exercise and opportunity of enjoying a breath
-of fresh air was restricted to one hour in every twenty-four, when
-they were marched from stem to stern upon deck. The exceptionally high
-bulkwarks prevented them seeing aught but the strip of blue Australia
-sky directly overhead; the white-winged gulls, as they glided over
-the vessel, seemed to mock the prisoners in their heavy chains. From
-long confinement in the dark cells the eyesight of the convicts was
-generally ruined.
-
-The corner cells on either side of the lower deck are the dreaded
-“Black Holes,” in which prisoners who had been guilty of some breach of
-discipline or fractious conduct were punished by solitary confinement
-lasting from one to one hundred days. These small and tapering
-torture-chambers measure only two feet eight inches across. The doors
-fit as tight as valves and close with a “swish,” excluding all air
-except what can filter through the perforated iron plate that was
-placed over the bars above the door, in order to make the hole as dark
-and oppressive as possible. A stout iron ring is fastened knee high in
-the shelving back of the cell, and through this ring the right wrist
-of the prisoner was passed, and then handcuffed to the left hand; the
-consequence was that he was thus prevented from standing upright or
-lying down, but was obliged to stoop or lean against the shelving side
-of the vessel as it rolled to and fro on the restless waters of the
-bay. Starved, beaten and abused as they were, the wonder is that so
-many of even the prisoners were able to endure punishment as they did.
-
-In 1857 the disclosures that had been made of the brutal and inhuman
-treatment meted out to prisoners created a fierce outcry in Australia,
-amounting almost to revolt against the English Government, and resulted
-in the abandonment of the hulk system. For some years later—from 1860
-to 1868 the “Success” was used as a women’s prison; then she became
-successively a reformatory ship and ammunition store, and later all the
-prison hulks were ordered to be sold on the express condition that they
-were to be broken up, and their associations lost to the recollection
-of the residents of Melbourne. By a clerical error, however, that
-condition did not appear upon the terms of sale of the “Success.” Hence
-she became the only British convict ship afloat. It was not until
-1890, however, that she appeared before the public as an exhibition
-ship. In 1892 a gang of Sydney, N. S. W., residents stealthily boarded
-her to revenge themselves for the outrage on their pride caused by
-the exhibition of their ancestors, and all the figures were mutilated
-beyond repair. The figures were replaced, but in order to make their
-work more certain she was again attacked, scuttled and sunk in Sydney
-Harbor, but after the lapse of some years and at enormous expense her
-owners raised her, and since then she has been on exhibition not only
-in the Antipodean colonies, but has circumnavigated Great Britain and
-Ireland twice, and been shown five times in London. Her visitors have
-numbered over 15,000,000 people, and have included the King of England,
-the Prince of Wales, the Prince and Princess Henry of Battenburg,
-and other members of the royal family, the German Emperor, Captain
-Dreyfus of Devil’s Island, Lord Charles Beresford, the late Mr. W. E.
-Gladstone, and other “notabilities.”
-
-In 1912 she attempted what was perhaps the greatest feat in all her
-remarkable career—that was, to make the passage across the Atlantic
-under her own sail, unaccompanied by tug or steamer. The shipping world
-was aghast when the voyage was projected. “Impossible,” said every man
-that ever sailed the seas in ships, “that this century and a quarter
-old hulk could brave the spring hurricanes of the western Ocean!”
-Lloyds refused her insurance, the British Government refused her
-clearance and sea-captain after sea-captain refused her command, but
-finally a stout old skipper, Captain John Scott, and a gallant crew of
-adventurous souls under the command of Captain D. H. Smith, the owner,
-hoisted sail and took her out of Glasson Dock on the very day that the
-ill-fated “Titanic” sailed from the port of Southhampton. For 96 days
-she battled bravely, her staunch old hull defying the crashing gales
-and mountainous seas and at length made port in Boston Harbor with a
-crew, worn out and half starved but bravely triumphant, to the applause
-of press and public, who likened the splendid feat to the epoch-making
-voyage of Christopher Columbus.
-
-Since then the “Success” has exhibited in Boston, Providence, New York,
-Asbury Park, Philadelphia and is now being shown in southern seaports.
-
-
-
-
-PROGRESS IN MASSACHUSETTS
-
-BY WARREN F. SPALDING
-
-  Secretary, Massachusetts Prison Association, and Member
-  State Parole Board
-
-
-The legislation actually enacted during 1913 constituted but a
-small part of the progress made in prison reform. A combination of
-circumstances caused a reference to the next Legislature of many
-measures which had the hearty approval of the leaders in both branches.
-The reorganization of the prison commission, late in session, led to
-the postponement. It was felt that the new board should pass definitely
-upon the proposed legislation.
-
-Governor Foss outlined in messages to the Legislature a program for
-prison reform, the spirit of which is likely to be the basis of future
-Legislation. The most important of his recommendations is that the
-State assume the control and administration of all the county prisons,
-on the ground that crime is against the State and not against counties,
-and that the care of criminals is a function of the State. This would
-make it possible to classify both prisons and prisoners.
-
-If the prisons are to remain in the control of the State, he
-recommended that all the long-term men be gathered in a few of them,
-and that schools which should give both mental and manual training be
-established, at the expense of and under the control of the State,
-making the reformation of such men the definite purpose of imprisonment.
-
-The State prison buildings are old, and the construction of a new
-prison has been under consideration for several years. To the mind
-of the Governor no steps in this direction should be taken until the
-entire felon population of the State has been studied, with a view to
-the construction of buildings which will provide for the classification
-of such offenders, and the establishment of a system of grading and
-separation of men who need different methods of treatment. This may
-involve the use of the modern part of the present prison for the
-worst men, and the construction of new buildings elsewhere, for other
-classes, with ample facilities for outdoor work for those who can be
-trusted. The Concord reformatory, built originally for a State prison,
-and well adapted for it, could be used for the State prison. If that
-should be done, it would be possible to have a new reformatory, built
-to fit reformatory work. The buildings of the reformatory at Sherborn
-are wholly unfit for such an institution, and the construction of
-smaller buildings on the reformatory plan is one of the possibilities.
-
-It is expected that the prison commission will report upon these
-matters to the next Legislature.
-
-Of completed legislation, the most important measure passed in
-several years is the law establishing a board of parole. Heretofore
-the prisoners in the State prison and the two reformatories have
-been paroled by the prison commission. The work has been done in a
-mechanical way, solely on the basis of the conduct of the prisoner,
-his fitness to return to the community receiving little if any
-consideration. Comparatively little attention was given to the
-supervision on paroled prisoners, so long as they did not commit new
-crimes.
-
-The new parole board is required to see all prisoners who are to be
-paroled, and is making fitness for free life the main consideration in
-releasing. Its members are paid for their work and can therefore give
-to it all the time needed. When the work is fully in hand, it will have
-information covering the entire history of every prisoner, enabling
-it to pass intelligently upon the case. The prison commission, which
-has the supervision of paroled prisoners, is changing its methods, and
-eventually will know the whereabouts and conduct of every individual.
-
-The requirement that men shall become fit to be released is likely to
-lead to changes in the prison system, as it is manifestly unfair to
-require men to improve in confinement unless the State provides the
-means for improvement, and makes that the first purpose in dealing with
-them.
-
-The treatment of criminal drunkenness has attracted much attention
-recently. There is general dissatisfaction with present methods—short
-sentences for punishment—and a feeling that “drunks” should be
-separated from other offenders. On the recommendation of the Governor,
-a commission was created to study the whole subject of drunkenness and
-its present treatment.
-
-In 1911 a law was passed, authorizing the establishment of departments
-for “defective delinquents,” with a view to segregating those offenders
-whose crimes were due to mental inferiority. No appropriation was
-made however, and nothing could be done. The Governor recommended
-the erection of buildings at the State farm, and at the reformatory
-for women, but the Legislature, instead, authorized the Governor and
-council to lease buildings for the purpose. Though the new jail at
-Fall River, never opened, is not specified, it seems plain that the
-intention was to use that. It is doubtful however if it will be found
-suitable.
-
-An important change was made in the law authorizing a suspension of
-sentence in cases of minor offenders who have been sentenced to pay
-fines. The old law permitted this, but many judges used the power in
-comparatively few cases. The new law compels courts to put fine cases
-on probation, giving the offender time to pay, unless it is believed
-that he will default. It is expected that this will greatly reduce the
-number of commitments for non-payment of fines.
-
-
-
-
-COMMISSIONER RANDALL’S REPORT
-
-  [When the man that people like to speak of as “Frank”
-  Randall went to Massachusetts from Minnesota as chairman
-  of the Massachusetts Prison Commission it was expected
-  that he would be “frank.” Here is a summary, from the
-  Boston Herald of parts of Mr. Randall’s first annual
-  message.]
-
-
-In an interview given the first of the year by Frank L. Randall, the
-new chairman of the Massachusetts Prison Commission, he made several
-suggestions for the improvement of the penal system of Massachusetts.
-
-In his six months’ service he has been taking stock of the situation.
-While he has found many things that warrant the pride the State
-has in her penal institutions, he has found also not a few serious
-problems of which the general public know little or nothing. He pays
-high tribute to the sheriffs and others engaged in the penological
-work of the State. But he discusses a large number of suggestions as
-to the supervision of the prison industries of the commonwealth, the
-indeterminate sentence, the trying out of applicants for employment as
-guards and in other capacities, the pardoning influence of the wardens
-and superintendents, and especially as to the very large number of
-persons on parole, of whom the State has lost track altogether.
-
-“Did you know,” he asks, “that in this State there are 1,056 persons
-from the State reformatory, 217 from the State prison and more than 200
-from the woman’s prison who ought to be making regular monthly reports
-to the proper authorities but of whom the State knows little or nothing?
-
-“This is a very serious situation. According to the records all these
-persons were paroled. The terms of the parole in each and every
-case was a regular report every month, that the prison officials,
-representative of the power and supervision of the State, might know
-exactly the situation of each convicted person who has been liberated
-upon obligation to keep the State informed of his movements.
-
-“Some of these persons have never rendered a single report. Others have
-reported for a time, and then ceased to trouble themselves about the
-matter. In very many cases their whereabouts is unknown.
-
-“Now the sentences of these persons have not expired. They are still
-nominally in the charge of the State, which has granted them their
-liberty upon conditions. There ought not to be a single such case.
-In no instance should the State be ignorant of the whereabouts of a
-prisoner unless he is a fugitive from justice. These persons may not
-be classed as fugitives, and their sentences have not expired, yet the
-State has no trace of them.
-
-“This situation certainly shows a flaw in our system and a serious one.
-
-“I am strongly of the opinion that the prison industries of the State
-ought to be differently managed.
-
-“Our boards now are primarily concerned with the welfare of the
-prisoners, and properly so. The welfare of the inmate of a penal
-institution must come first. But there is a service to the State which
-he is rendering, and it is the part of business efficiency to make that
-service as large and of as good quality as possible.
-
-“The industries of the penal institutions of the State are not managed
-in a business way. Here are hundreds of workers making thousands of
-dollars’ worth of goods, and no one who is expert in business affairs
-is held responsible for the administration of this industrial system.
-The wardens and the superintendents look after these details as one
-of their duties. But neither they nor any other official can devote
-the time and attention to these industries which they ought to have
-in order that the State may get from them the largest return and the
-workers themselves derive from them the greatest benefit for themselves.
-
-“The one officer who now gives all his time to the concerns of the
-penal system is the chairman of the board, and he has a multitude
-of matters to occupy every moment. There ought to be some person
-of commercial ability, a trained business man, who should give his
-whole time to the dollars and cents of the penal establishment of the
-State. Let the commissioner give his attention predominantly to the
-humanitarian side of the work. But let us have a trained expert who
-shall develop new industries, improve the system of marketing the
-product, and look in general after the business side of the prisons
-just as the superintendent looks after these matters in any private
-enterprise. It will pay the State to consider this matter.”
-
-As he proceeded in his discussion of these problems it became more and
-more evident that to the commissioner prison service ought to be a life
-work, a professional occupation, to which men should give their lives,
-just as they go into law or medicine, and that this should be the case
-with the guards as well as with the wardens and the heads of the penal
-system of States. This appeared in his discussion of the warden’s
-influence on the granting of pardons.
-
-“I myself got caught by my ignorance of one of the kinks in the
-laws of the country some years ago,” he said. “It was this way. Out
-in Minnesota there was an Indian boy in prison who was dying of
-tuberculosis. I investigated his case, saw the proper parties, and went
-to the executive with a plea for pardon that the lad might go where
-there was a chance for the recovery of his health. I had the influence
-of senators and prominent men. And at the last minute I found that I
-could not get anything done because my name appeared upon the petition.
-
-“You see, it is assumed that it is not wise for the guard or the
-warden to be in any way friendly with his prisoners and at the same
-time to have influence for the securing of pardons. He might try to
-use his influence for the advantage of his favorites, and give them
-their liberty, not because they were ready for it, but out of personal
-reasons. That was the old thinking on the subject.
-
-“But the new thinking is better. If you have the right kind of warden
-there will be no danger of the abuse of any such power. He will be
-so sincere a friend of each and every prisoner that he will not use
-his influence to free a man until he is sure the convict is ready to
-return to society with safety to himself and to his fellowmen. When you
-have that kind of warden his opinion will be the very best that it is
-possible to have.
-
-“The same point applies in the case of the guard. The old theory is
-that the guard must not talk with a prisoner except on matters of
-discipline. He might become interested in a prisoner and that would
-be bad for discipline. The new and better idea is that we should have
-guards who mean to make penology a serious professional occupation,
-a life career, and then their attitude toward a prisoner changes
-entirely, and the danger of favoritism disappears.
-
-“In most cases when a man applies for a place as guard we look him over
-and tell him to put on a uniform if he bears scrutiny. He may pass
-some simple tests in a civil service examination. But what about his
-temperamental fitness for the responsibility of the care of prisoners?
-That is, perhaps, the most important qualification. As it is, we have
-no means of determining it.
-
-“I wish we might have some sort of central agency for the trying out
-of prospective guards. When they have made good and manifested a
-disposition seriously to study and practice the science of penology
-then they become very valuable to the State. Men who go into the
-occupation as a makeshift are expensive to the State in the long run.
-If we could test him in practice the credentials a man would bring from
-that central clearing house would be the best possible guarantee of
-fitness.
-
-“The science of penology in this country has advanced with very rapid
-strides. But the art of penology has not kept pace with it. And the
-reason is suggested in what I have said. There are too few who mean to
-make penology a real career. What we need is the type of man who can
-see the possibilities of service to the State in his kind of work.
-
-“Another matter which has been already a subject of study with me here
-in Massachusetts is the practice we have of mixing in our institutions
-two classes who ought to be kept apart. We have the workhouse cases and
-the prison cases. The former will include probably the older and the
-more confirmed offenders, many who are less hopeful of reformation, the
-careless and the professionally delinquent. They come and go and come
-back again quite as a matter of course.
-
-“But very many of the prison cases will be younger persons convicted of
-more serious offences. They will include many who can be appealed to,
-that are not confirmed in crime, who will respond to influence of the
-proper sort.
-
-“Now, it is not good policy to mix these cases. The one class comprises
-many who are glad to be fed and lodged and sheltered by the State. The
-others must not be permitted to learn to think of themselves as thus,
-subjects of the State’s care.
-
-“I would have these men sentenced indeterminately, not to be released
-until it is evident that they are ready for liberty. They must be
-treated as individual cases and adjustments must be made in each
-instance. I would place their release in the discretion of certain
-officials who may be presumed to be best prepared to say whether or not
-they are ready for release.”
-
-In general Mr. Randall referred to the need of the removal of the work
-of prison officials from all political and partisan influences and
-control. He named the State of Ohio as a community which has lately
-taken a very advanced step in penal legislation. The State of Illinois
-was referred to as an example of precisely the opposite sort. The
-commissioner told of his experiences in attending the annual meetings
-of the prison workers of the country, when year after year there will
-appear different sets of officials from the same city or State. “How
-can there be any real progress, or any development of the art of
-penology, when there is so little tenure of office?” he asked with a
-smile.
-
-“This country,” he added, “is regarded all over the world as a great
-laboratory where all sorts of theories have a chance to be tried out.
-This is because of our federal system. The United States has nothing to
-do except with a few federal prisons. Each State of the forty-eight has
-its own penal institutions. Thus, as you go about the country you may
-see almost every sort of plan, the most advanced and the most belated,
-in operation. For that reason deputations from foreign countries
-are sent here often for observation and study. Massachusetts ranks
-high, and deservedly so, although there are many opportunities for
-improvement.
-
-“One thing that must be remembered is this, that it is almost
-impossible to tell in advance how a plan is going to work. It may be
-wrought out with great care. But we have human nature to deal with,
-and exceptions to rules occur pretty frequently. Often a seemingly
-unimportant provision may prove very valuable. Then it must receive
-the place of importance that it deserves, and be adapted to varying
-conditions everywhere. And often what has seemed to be important will
-turn out to be of very subordinate consequence.”
-
-VERMONT’S STATE PRISON IN “THE HONOR SYSTEM LINE”
-
-  [The Boston Globe has recently published the following
-  article. Warden Lovell of Windsor seems to be running
-  Sheriff Tracy a close second.]
-
-
-Wilson S. Lovell, the superintendent of the Vermont State Prison at
-Windsor, has advanced ideas concerning the management of convicts.
-
-“When I can’t treat them like human beings,” he says, “I’ll give up the
-job.”
-
-Certainly his prisoners have privileges not generally accorded
-elsewhere to offenders against the law who are serving sentences.
-
-They are permitted to keep razors and to shave themselves.
-
-If an occupant of the electrically lighted cells doesn’t like the
-white-wash on the walls, he can replace it with a paint of cheerful red
-or any other color which does not offend his artistic eye.
-
-Many of the men, who have nearly served out their terms, work about the
-town under a keeper and on the prison farm. For the work about town
-they receive approximately 50 cents a day for their own personal use.
-
-The prison cows are driven out to pasture, some distance from the
-institution, but there is nothing in the garb or manner of the persons
-who drive them to suggest that they are convicts, but nevertheless they
-are. They are allowed to go unattended—in a word are trusted—put on
-honor.
-
-The women inmates, who do all the housework of the prison with the
-exception of the cooking, which is done by the men, have unprecedented
-liberties.
-
-They are allowed all over the place.
-
-One can see them of a morning carrying baskets of clothes to the
-clothes-yard outside the walls.
-
-They gather raspberries and strawberries in the prison garden, which is
-unsurrounded by any barrier.
-
-In the afternoon, when their work is done, they are at liberty to read,
-crochet or sew in their rooms, which are all in a separate building,
-and quite as airy and well furnished as those of the officials.
-
-Supt. Lowell indulges them in automobiling, evenings, taking them
-out three or four at a time, and when there is a band concert on the
-village green they may be seen sitting on the benches of the lawn
-facing the street, attended by the prison matron.
-
-Either there is something in the old saying “honor among thieves,” or
-else, being treated so well, the prisoners have no desire to try to
-escape from their “happy home.” At any rate they seem well content,
-look well fed and well kept and are a credit to the “humane treatment.”
-
-Within the last two years there have been none on the sick list in the
-prison hospital.
-
-Before the advent of Mr. Lovell the prisoners filed in line to the
-yard three times a day, summer and winter, and received their bowls of
-soup or plates of hash through a slide which extended outside from the
-kitchen. Each one would then go to his cell and eat his portion. They
-now have a large dining room with long tables running the length of the
-room. Here they are fed upon “the fat of the land.”
-
-There is a splendid vegetable garden in the rear of the prison—the
-pride of Supt. Lovell’s heart. Such large, juicy, red tomatoes, rows
-of string beans, cucumbers, lettuce and watermelons, beets, squashes,
-cabbages, and below a field of sweet corn! All of these vegetables are
-used for the prisoners; nothing is sold outside.
-
-They are allowed from three to four ounces of meat a day. They eat
-molasses on their bread on week days, great glass jugs of it being
-placed at intervals on the long tables; but on Sunday they are given
-butter. On holidays, Christmas and Thanksgiving, etc., they have quite
-as good a dinner as any one, a turkey and “all the fixings.”
-
-The men of the prison are mostly engaged in making shirts. There is a
-long, well-lighted workshop, two stories high. The shop is exceedingly
-well equipped with electric lights, electric fans, electric flat-irons,
-sewing machines and cutting machines.
-
-At the rear of each man’s chair is a pail of water, a cake of soap, and
-on the back of his chair a towel. Under the long work tables, suspended
-by hooks, are small mirrors—the personal property of some of the vainer
-fellows. So the toilet is not neglected, but scrupulously attended to
-at the sound of the bell at noon, and at 5:30 in the afternoon.
-
-The men have a ten-hour day, beginning at 7:30 in the morning, taking a
-half-hour off at noon, and finishing at 5:30 P. M.
-
-They seem interested in their work—looking up with good-natured smiles
-at the curious visitor.
-
-The men also make their own wearing apparel, everything but shoes and
-stockings. This work is done in the State workroom. Here they also
-repair their shoes and darn their socks. They also use the room as a
-barber shop, but the old fashioned ideas of the shaven poll are done
-away with and the prisoner has just an ordinary haircut.
-
-An interesting feature is the store of the prison. In it are the
-various specimens of the handiwork of the prisoners. These are for
-sale, and comprise watch chains, charms, and hat pins in onyx, carved
-wooden boxes, strange wooden birds with spotted wings, and worsted mats.
-
-One of the prisoners, who never took a drawing or painting lesson in
-his life, has painted a picture of the River Dorderecht, Holland. It is
-well drawn, and the coloring is extremely good for an amateur.
-
-There is a chapel in connection with the prison, and here, on Sunday
-mornings at 9 o’clock, service is held, and visitors are welcome. The
-choir is composed of some of the prisoners. The women are excluded from
-the service, having one of their own in the afternoon, to which the
-public is not invited.
-
-Mr. Ford, the white-haired chaplain, calls the men “my boys,” and he
-certainly seems to have a wonderful influence over them.
-
-Evenings they sit in their cells reading by electric light, or engaged
-in making various things to sell, for which, when sold, they receive
-the money. At about 8 P. M. the guard, carrying a lighted torch,
-proceeds along the tiers in the men’s section and stops at each cell
-to give the occupant light. They are allowed to smoke a pipe, and the
-tobacco is furnished by the prison authorities.
-
-An unusual privilege is an opportunity to procure little outside
-luxuries with any money which they may have earned. Every Wednesday the
-warden or the chaplain makes the rounds of the cells and inquires of
-each one what he would like to have purchased. In this way they acquire
-many little comforts which they otherwise would not have.
-
-
-
-
-LEGISLATION IN KANSAS
-
-BY J. T. HOWE
-
-Secretary State Board of Control.
-
-
-The last Kansas Legislature made few changes in the laws regulating the
-treatment and government of prisoners in the several prisons. The State
-has always endeavored to treat its prisoners as humanely as possible,
-and but few laws were ever passed relative to this because the prisons
-are under a board that has authority to make all necessary rules for
-governing these institutions.
-
-The principal changes made by the last Legislature were in the scope of
-the several boards. The penal institutions, namely, the Penitentiary,
-Boy’s Reformatory, Boy’s Industrial School and Girl’s Industrial School
-were placed under the Board of Corrections. The Schools for the Deaf
-and Blind were placed under the control of the Board of Administration
-which has charge of all the State Schools. The Board of Control has
-charge of the charitable institutions, namely, asylums, State Orphans’
-Home and has supervision over all private hospitals, home-finding
-societies and charitable institutions in the State.
-
-The two important laws passed were the parole law and the payment of
-wages to prisoners. The new parole law permits the judge to parole any
-person except in certain cases, before he or she has been committed to
-an institution. The law best explains itself.
-
-“Any person convicted of any felony, except murder, forcible rape,
-arson, or robbery, such convictions being for a first offense and
-imprisonment in the penitentiary, Kansas State Reformatory, or
-Industrial Schools for Boys and the Industrial School for Girls, the
-court before whom the conviction was made may parole such person either
-before or after sentence has been pronounced, if the court is satisfied
-that if permitted to go at large he would not again violate the law. He
-may be permitted to remain at large until such parole has terminated,
-provided that the court shall have no power to parole any person after
-he has been delivered to any of these institutions.”
-
-This is considered one of the best laws passed regulating paroles.
-
-The bill providing for the payment of wages to convicts provides that
-the Board of Corrections may allow a prisoner not less than $.10 nor
-more than $.25 each day for work done, over and above the day’s task
-as assigned. This money is to be sent to the family of the prisoner,
-which is dependent upon him for their care and keep. If the prisoner
-have no family, the money can accumulate until the expiration of the
-prisoner’s term and is then given to him. He may draw at any time
-from such fund for his personal needs so long as he does not use it
-improperly. This law does not fulfill its purpose. Its weakness is that
-in the average prison, a convict is assigned about all the work he
-can do and has but little time for extra work, owing to his physical
-condition. A better plan proposed would be for the State to allow to
-the prisoner a specified sum for each day at work, or for the county
-from which the prisoner comes to pay the family a certain monthly sum,
-paying such sum as may be agreed upon by the county commissioners.
-By the old method, the Board allowed them $.033 per day. For certain
-offenses the prisoners are fined and the fine is paid from this fund.
-The payment of a wage or the providing of some plan of caring for the
-needy families is a growing question, and so far Kansas has found no
-satisfactory method, but this question will probably be taken up by the
-next Legislature.
-
-Another law passed was that permitting the county commissioners,
-in counties having over 35,000 population, to appoint a matron for
-the county jails. This has often been done, but was never legally
-authorized until the last Legislature.
-
-Taking the Kansas laws as a whole, they seem to be adequate to meet the
-present prison conditions. The State law places all these institutions
-under the Board who have exclusive control in their management and in
-adopting of rules and regulations necessary to their government. The
-only question is the proper method of dealing with the families of the
-convicts. There has been little complaint regarding the treatment of
-the prisoners and there will be but few changes in the laws until some
-demand is made.
-
-
-
-
-BOOK REVIEW
-
-  _Manual for Probation Officers in New York State. State
-  Probation Commission._ Albany 1913, J. B. Lyon Co. Free.
-
-
-The State Probation Commission should be sincerely congratulated upon
-this most valuable manual. Although it is technically limited to New
-York State, its usefulness will extend far beyond those limits. Its
-principal merit lies probably in the fact that it is a well-indexed,
-complete compilation of all the laws pertaining to probation in that
-State. The presentation of the material in its analyzed form is an
-invaluable addition. The laws are cited both in statutory and in
-chronological order. Separate chapters are devoted to the discussion
-of the provisions pertaining to the appointment and compensation of
-probation officers; of court procedure and practice; of the duties,
-powers and methods of such officers. Facsimiles of the forms of
-records used, are also taken up in a separate chapter, similarly the
-history and functions of the Commission. In the appendix, among other
-interesting material, there is also a statistical statement of the
-growth of the application of probation in the State.
-
-In a book so full of merit as to opportuneness, thoroughness and
-analytical qualities a few suggestions are perhaps even more
-justifiable than in a work of fundamental weaknesses. It would seem,
-for example, that a chapter presenting the most important phases
-of the work in a continuous story-like form, comprehensible to the
-ordinary layman, would have increased considerably the reading circle
-of the book, and made it available as propaganda material. In the
-statistical appendix several improvements could be made. In Table 1,
-for example, the totals for any year of all persons are not indicated;
-in Tables 2, and especially 3, the development by years is not clearly
-presented; in Table 3 it would be very interesting to show the change
-in the relative percentages of “improved,” etc. The gaps in the tables
-are not satisfactorily explained, and in Table 6, giving the number
-of probation officers holding appointments, the totalling of the
-individual years is a decided statistical fallacy. Such faults are,
-however, of vanishing importance, compared with the immense usefulness
-of the work.
-
-The manual may be had by all interested persons on application to the
-State Probation Commission, at the Capitol, Albany. N. Y. P. K.
-
-
-
-
-EVENTS IN BRIEF
-
-  [Under this heading will appear each month numerous
-  paragraphs of general interest, relating to the prison
-  field and the treatment of the delinquent.]
-
-
-_The Disgraceful Jails of Iowa._—Rev. Charles Parsons, of the Iowa
-Society for the Friendless, is on the warpath. He says that “the jails
-of Iowa have been condemned and relegated to the junk pile many times,
-and yet they go on doing business at the old stand in the same old way,
-as if they were the most scientific institutions possible.
-
-“I have spent enough time in the jails of our State during the past
-five years to almost entitle me to membership in the jail fraternity.
-If the jail has anything to be said to its credit, I have been unable
-to find it, though I have searched diligently for it in most of the
-jails within our borders.”
-
-“One step in the program for betterment would be to avoid imprisonment
-through inability to pay a fine, but give the opportunity to pay the
-fine upon installments. This plan would save the culprit his employment
-if he has any. It would save his family humiliation and disgrace and
-help to save his self-respect.
-
-“Another step in the line of progress would be to parole all offenders
-where the penalty is less than 30 days. If they fail to make a right
-use of the parole, give a work-house sentence.
-
-“A third step in the program for progress would be the establishment of
-district custodial farms with work-house facilities for all prisoners
-serving 30 days or more. These district institutions must and should be
-under the management of the State.
-
-“Farming, gardening and diversified industries should be followed most
-suited to the location of the institution, but such industries must be
-used which are most easily acquired. That the labor of short term men
-can be profitably utilized in such institutions has been demonstrated
-in a number of instances.
-
-“The work-house of Minneapolis is a financial success with men whose
-average terms is only 17-1/2 days.
-
-“That such labor can be used outside of prison walls with perfect
-safety is shown by the success of the prison camp which has been in
-operation for several months past, at Ames, and the hay pressing gangs
-that have been working from Fort Madison.
-
-“During 1912, 3,739 inmates passed through the Minneapolis work-house.
-All the men worked in the open without walls, yet during the year there
-was only one escape.”
-
-
-_Warden Scott of New Hampshire Retires._—Many are the caustic
-criticisms directed at the Governor of New Hampshire, who recently
-removed Warden H. K. W. Scott of the State prison, and who appointed in
-his place a man of no equal prison experience. Warden Scott held office
-from 1905, and has served under five governors of the State, receiving
-his appointment from Governor McLane.
-
-The Concord Evening Monitor has published a large number of scathing
-criticisms from the State press on the action of the Governor in
-removing Warden Scott.
-
-Warden Scott, during his connection with the institution, has abolished
-the striped suit, lock step, downcast eye, dark cell and corporal
-punishment, which were practiced before his coming, and has instituted
-a night school. Instead of a candle each man now has an electric
-light in his cell, a grade system has been established and during the
-last summer a prison baseball league was organized, in order that the
-inmates might have outdoor exercise. Four teams were in the league and
-games were played Saturday afternoons.
-
-During the last session of the Legislature Warden Scott worked for the
-passage of an act to provide for pecuniary assistance of prisoners and
-their families, whereby a certain per cent. of their earnings is laid
-aside. The warden had submitted to the Governor and council a plan for
-the carrying out of this act, which went into effect September 1, but
-as yet no action has been taken.
-
-Charges preferred against him by Rev. Claudius Byrne, a former chaplain
-of the prison, were investigated by Legislative committees and proved
-groundless.
-
-Warden Scott says that for the present he will remain in Concord, N.
-H., as his two sons are attending school.
-
-
-_Sterilization Law Unconstitutional in New Jersey._—Upon the grounds
-that she was denied the equal protection of the laws to which, under
-the constitution of the United States, every person is entitled,
-the Supreme Court of New Jersey, in an opinion by Justice Garrison,
-has set aside the order of the Board of Examiners of feeble minded,
-criminals, Epileptics and other defectives providing for the operation
-of salpingetomy upon Alice Smith, an inmate of the State Village for
-Epileptics.
-
-In reaching this conclusion, Justice Garrison holds that without
-regard to the power of the State to subject its citizens to surgical
-operations that shall render procreation by them impossible, the
-statute creating the Sterilization Commission is invalid because it
-denied to the victims of the law the constitutional protection to which
-they are entitled.
-
-In the syllabus of the opinion Justice Garrison holds that the
-artificial regulation of the welfare of society by means of surgical
-operations for the prevention of procreation, being based upon
-the suppression of the personal liberty of individuals, must be
-accomplished, if at all, by a statute that does not deny to the persons
-thus injuriously affected the equal protection of the laws guaranteed
-by the fourteenth amendment to the constitution of the United States.
-
-Commenting on this decision, the Springfield Republican says
-editorially:
-
-It is constitutional to sterilize defectives and criminals in the
-State of Washington, but it is unconstitutional to sterilize them in
-New Jersey. The United States Supreme Court will have to settle the
-question finally. To the lay mind it would seem that, if the State has
-power to break a man’s neck by hanging, or to kill him by electricity,
-it would have the lesser power to subject him to a surgical operation,
-not in the least dangerous to life or limb, for the protection of
-society. The question of constitutionality aside, it is to be observed
-that sterilization involves various social questions whose seriousness
-should compel caution on the part of Legislatures in authorizing its
-practice in public institutions. It cannot be said that the problem
-has yet been completely thought out and all the consequences fully
-considered. A recent article in a medical journal by one of the
-foremost advocates of sterilization was notable for the physician’s
-frank admission that the objections to the operation, in their broadest
-significance, were very weighty. An operation that leaves the subject
-physically as fit as ever for the sex relationship, yet eliminates the
-danger of the conception of children, would have very deplorable moral
-and social results if it should become in the least common. It is a
-question that may easily involve large classes of people outside of
-prisons and asylums for the feeble-minded.
-
-
-_Farm Work in Minnesota._—From the near northwest comes the tale that
-twenty-five convicts are to be sent to the State lands near Walker,
-Minn., from the State penitentiary at Stillwater, to begin a system
-of intensive State farming and land reclamation, according to plans
-announced by the State Board of Control, which is compelled to find
-employment for more than two hundred men after January 1.
-
-The new laws prevent the prison from taking contracts, and the shoe
-contract will accordingly be dropped.
-
-The announcement of the new plan was made after the board had bought
-160 acres adjoining the prison farm at Stillwater. This land will be
-farmed.
-
-The board has other land adjoining State institutions and owns a large
-tract near the State sanatorium at Walker. The men prisoners will be
-sent there to clear the land and put in crops. Only the prisoners with
-best records will be sent to the farms. If the first detachment makes a
-success of the venture others will be sent out.
-
-
-_Alumni Day at a Reform School._—It does happen! This was what occurred
-at the Lyman School for Boys, Westboro, Massachusetts, on November 15,
-1913.
-
-The trustees of the School, Superintendent E. L. Coffeen, and
-Superintendent of the Parole Department, Walter A. Wheeler, sent
-letters to all of the 144 boys who have become twenty-one years of age
-the past year, inviting them to a dinner and celebration in their honor
-at the school. About one fourth of them attended, and as many more sent
-letters of regret, containing remarks of warm appreciation. Some of the
-boys were in the Army and Navy; others had moved out of the State. For
-any one of the boys to attend, meant the sacrificing of a day’s work
-and the cost of carfare.
-
-The program included a football game between the present inmates and
-an outside team, a reunion of boys with old officers and teachers, an
-inspection of the new features of the school, which they had not seen
-in the last five or six years, and finally a banquet.
-
-The usual speeches were made by the trustees, superintendents and
-invited guests, but the feature was the voluntary address in behalf of
-the boys made by one of their number. After thanking those present for
-what the school training and the friendly oversight of the parole board
-had done for him, he pledged the old boy’s interests in doing whatever
-they could to help the younger brothers “make good” when released from
-the school.
-
-It is intended to have a Home Coming Celebration every year, of which
-this was the successful experiment.
-
-
-_After Forty-Three Years._—Pardoned after forty-three years—the best
-years of his life—in a State penitentiary! Seeing the new world for the
-first time at sixty-six—such is the experience of John Taborn, pardoned
-by Governor Cox, of Ohio! Why, it’s like coming to life again after
-half a century of death, says the Bay City (Mich.) Times.
-
-When Taborn entered the State prison at Columbus in 1870, Grant was
-President. The telephone was unknown; electric lights were not dreamed
-of; there were not electric cars; skyscrapers in the largest cities
-were four or five-story buildings; Edison had not conceived the
-phonograph, while flying machines and wireless telegraphy were the
-dreams of madmen. The United States navy consisted of a few iron-clad
-and many wooden ships.
-
-When he was pardoned, Taborn was taken about Columbus by Warden Thomas’
-secretary to see that he was not confused by the traffic and injured.
-He gazed in awe at the electric cars; he got lost in the revolving door
-of an office building, the height of which astonished him; he enjoyed
-his first ride in an elevator; he smoked a good cigar, but was puzzled
-by the safety matches, which would not ignite when scratched on his
-trouser leg; he heard a phonograph and talked over the telephone for
-the first time in his life.
-
-Despite his sixty-six years, Taborn is active and has keen sight,
-reading without glasses. In the prison he learned three trades—that of
-machinist, shoe-maker and molding—and plans to begin his last span of
-life as a machinist.
-
-When he left the prison he had about $100. The prisoners took up a
-collection and gave him $30; the State turned over $20 and Taborn had
-about $50 himself. He was placed upon an electric car for a trip to
-Delaware, O., from which town he was sentenced for killing a man during
-a quarrel. Then he will go to his old home in Cass County, Michigan,
-and later to Hillsboro, N. C., where employment awaits him.
-
-
-_Social Surveys of Delinquency and Vice._—The Russell Sage Foundation
-Library publishes the following useful summary:
-
-  _Chicago._ Vice commission. Social evil in Chicago; a
-  study of existing conditions, with recommendations. 399
-  p. Chicago, the Commission, 1911. (50 cents)
-
-  This report may be obtained through the American
-  vigilance association, 156 Fifth Ave., N. Y.
-
-  _Cincinnati_ (Ohio). Bureau of municipal research. (The)
-  Juvenile court of Hamilton county. Cincinnati, O. The
-  Bureau, 1912. (2 cents).
-
-  _Elmira_ (N. Y ). Women’s league for good government.
-  Vice conditions in Elmira. 76 p. Elmira. The League, 1913.
-
-  _Hartford_ (Conn.) Vice commission. Report, July, 1913.
-  90 p. Hartford, Conn. Woman suffrage association, 1913.
- (25 cents)
-
-  _Kneeland_, G. J. Commercialized prostitution in New York
-  City. 334 p. N. Y. Century Co., 1913. ($1.30 net)
-
-  _Minneapolis._ Vice commission. Report. 134 p.
-  Minneapolis, Byron and Hillard, 1911. (40 cents)
-
-  _New York_ (City). Committee of fourteen for the
-  suppression of the Raines law hotels. Social evil in New
-  York City; a study of law enforcement by the Research
-  committee. 268 p. N. Y. Kellogg, 1910. (Out of print)
-
-  _Philadelphia._ Vice commission. Report. Philadelphia,
-  The Commission. (40 cents)
-
-  This report may be obtained through the American
-  vigilance association, 156 Fifth Ave., N. Y.
-
-  _Portland_ (Oregon). Vice commission. Report, January,
-  1912. 216 p. Portland, The Commission, 1912. (Out of
-  print)
-
-  _Potter_, Z. I. Delinquency, in Russell Sage Foundation,
-  Department of surveys and exhibits. (The) Newburgh
-  survey, 1913. Also in Russell Sage Foundation. Department
-  of surveys and exhibits. (The) Topeka improvement survey,
-  1914. (in preparation)
-
-  _Seligman_, E. R. A., ed. Social evil, with special
-  references to conditions existing in the City of New
-  York: a report prepared in 1902 under the direction of
-  the Committee of fifteen. 303 p. N. Y. Putnam, 1912, c
-  1902-12. ($1.75 net)
-
-  _Syracuse_ (N. Y.). Moral survey committee. Report on
-  the social evil. Syracuse, N. Y. Moral survey committee,
-  1913. (40 cents)
-
-
-_The State Use Problem in New Jersey._—The Newark News has a plain and
-clear statement of the difficulty. New Jersey is finding in going over
-from the contract system to the State use plan.
-
-The State Economy and Efficiency Commission is to-day investigating
-State prison conditions. The problems before it should concern every
-tax-payer, not to mention those who are interested in the great problem
-of prison reform. The need for their investigation was indicated
-yesterday by the report of the prison inspectors.
-
-The prison of this State is operated under the law of 1814 as it has
-been amended from time to time. Its operation is based upon an obsolete
-idea of prisons and their purpose: the idea that prisons are places of
-confinement under the control of a keeper whose business is, as his
-title implies, to _keep_ the prisoners.
-
-To secure revenue for the State, and incidentally, to preserve the
-mental and bodily health of the prisoners, provision was made for
-hiring out their labor and for this purpose a supervisor was appointed.
-The State wards then fell under the jurisdiction of the keeper
-and supervisor, whose duties were regulated by statutes requiring
-interpretation by the courts.
-
-Then a Board of Inspectors was appointed to see to it that the keeper
-kept the prisoners and that the supervisor kept the contracts for their
-labor; but the board has neither authority nor responsibility. Finally,
-a Labor Commission was appointed to devise a scheme for carrying out
-the State-use system of keeping the prisoners busy; an undertaking that
-it has proved unable, so far, to carry out.
-
-Two years ago the Legislature decided to put an end to the exploitation
-of prison labor as fast as the existing contracts expired. The
-contracts bring the State a revenue of practically $100,000 a year,
-two-fifths of the cost of running the prison. By abolishing the
-contracts, the State forfeits this revenue without decreasing the
-expense of the prison.
-
-Employment for the prisoners must be found, and the State is committed
-to the principle of employing them for State use, and, at the same
-time, of providing healthful employment under the honor system in the
-hope that it will prove reformatory as well as physically and mentally
-beneficial.
-
-Immediately two difficulties arise. One is due to the fact that
-the State law divides without clearly defining authority and
-responsibility. The attorney-general has decided that the keeper is
-responsible for keeping the prisoners, and the keeper demands that
-whether they are kept in the Trenton prison, at the State road camps
-or farm, they shall be attended by a greater number of guards than the
-inspectors think either necessary or for their moral good. There is
-here a question of expense, of the extension of outside work, of the
-moral effect of modern prison methods.
-
-The inspectors are hampered, also, in the expansion of the State farm
-and road making experiments by the supervisor, who is responsible
-for keeping the contracts for prison labor; for the supervisor may
-requisition as many of the prisoners as he wishes for contract proviso
-of the law, of course; and the keeper must deliver them.
-
-The second difficulty is that existing plans for their work offer
-employment for only a small percentage of the prisoners. At the
-expiration of the contracts—very soon—the great majority will be forced
-into idleness unless the contracts are temporarily extended. To meet
-this situation, the inspectors confess they have already broken the law
-in order to keep the prisoners at work.
-
-No plan has been devised, no equipment has been installed, for
-furnishing labor to this great majority of prisoners. For this there
-are several reasons, none greater, perhaps, than the fact that the
-Trenton prison is not fitted for this employment unless the congestion
-there can be relieved very materially. It might be necessary to make
-provision elsewhere for two-thirds of those now confined there.
-
-The Legislature has failed to make appropriations for installing a
-plant where the prisoners can make articles used by the State because
-no definite plan has been presented to it upon which agreement could
-be reached. The working out of the transformation of prison methods
-contemplated by the law of 1911 must be evolutionary. It will take
-time, and, meanwhile, contracts, it would seem, must be temporarily
-extended, regrettable as it is. What is needed, first and foremost,
-however, is a clear definition and concentration of authority and
-responsibility.
-
-
-_The First Woman Commissioner of Correction. New York City._—Miss
-Katherine B. Davis, formerly superintendent of the New York State
-Reformatory for Women at Bedford, took office on January 1, 1913, in
-New York City as Corrections Commissioner. She has thus been appointed
-by Mayor Mitchell as the director of the Tombs, the penitentiary,
-workhouse, three branch workhouses, the Brooklyn city prison, the
-Queen’s County jail, and a number of district prisons—enough of a
-task even for Miss Davis’s recognized ability. She also has the
-construction to attend to of the city reformatory for misdemeanants.
-She has associated with her as deputy commissioner, Burdette G. Lewis,
-a “social worker at City Hall.” Heartiest congratulations are being
-extended to the new heads of the Department of Correction. The readers
-of the “Delinquent” know Miss Davis well already.
-
-“Was it as big as my fist?” asked the judge, concerning a stone which
-was responsible for a broken window.
-
-“It ban bigger,” replied the Swedish witness.
-
-“Was it as large as my two fists?”
-
-“It ban bigger.”
-
-“Was it as big as my head?”
-
-“It ban about as long,” said the imperturbable Swede, “but not so
-thick.”
-
-STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC. of THE DELINQUENT.
-Published monthly at New York, N. Y., required by the Act of August
-24th, 1912.
-
-           NAME OF                                       POST OFFICE ADDRESS
-
-  Editor, O. F. Lewis,                               135 East 15th St., New York City.
-
-  Managing Editor, O. F. Lewis,                        ”   ”     ”       ”   ”    ”
-
-  Business Manager, O. F. Lewis,                       ”   ”     ”       ”   ”    ”
-
-  Publisher, The National Prisoners’ Aid Association,  ”   ”     ”       ”   ”    ”
-
-  Owners,     ”     ”         ”       ”      ”         ”   ”     ”       ”   ”    ”
-
-
-There are no bondholders, mortgagees, or other security holders.
-
-  O. F. LEWIS, Editor and Business Manager.
-
-  Sworn to and subscribed before me this 30th day of September, 1913.
-
-  CHARLES D. IMMEN, JR., Notary Public No. 2. New York County.
-
-  My Commission expires March 31, 1914.
-
-
-*** END OF THE PROJECT GUTENBERG EBOOK 54486 ***
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-      The Delinquent (Vol. IV, No. 1) January, 1914 | Project Gutenberg
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-<body>
-<div>*** START OF THE PROJECT GUTENBERG EBOOK 54486 ***</div>
-
-<div class="transnote">Cover image is created by transcriber using the title page and placed in the public domain.</div>
-
-<table summary="The Delinquent" width="100%" border="0"><tr>
-<td class="tdl">VOLUME IV, No. 1.</td><td>&nbsp;</td><td class="tdr">JANUARY, 1914</td>
-</tr><tr>
-<td class="tdc" colspan="3"><h1><big>THE&nbsp;&nbsp;&nbsp;DELINQUENT</big></h1></td>
-</tr><tr>
-<td class="tdc" colspan="3"><small>(FORMERLY THE REVIEW)</small><br />
-<big>A MONTHLY PERIODICAL, PUBLISHED BY THE</big><br />
-<big>NATIONAL PRISONERS’ AID ASSOCIATION</big><br />
-<small>AT 135 EAST 15th STREET, NEW YORK CITY.</small></td>
-</tr><tr>
-<td class="tdl bt bb">THIS COPY TEN CENTS.</td><td class="tdc bt bb">&nbsp;</td><td class="tdr bt bb">ONE DOLLAR A YEAR</td>
-</tr><tr>
-<td class="tdl bb padr05"><p class="indent">T. F. Garver, President.</p>
-<p class="indent">Wm. M. R. French, Vice President.</p>
-<p class="indent">O. F. Lewis, Secretary, Treasurer and Editor The Delinquent.</p>
-<p class="indent">Edward Fielding, Chairman Ex. Committee.</p></td>
-<td class="tdl bb padr05"><p class="indent">F. Emory Lyon, Member Ex. Committee.</p>
-<p class="indent">W. G. McLaren, Member Ex. Committee.</p>
-<p class="indent">A. H. Votaw, Member Ex. Committee.</p></td>
-<td class="tdl bb"><p class="indent">E. A. Fredenhagen, Member Ex. Committee.</p>
-<p class="indent">Joseph P. Byers, Member Ex. Committee.</p>
-<p class="indent">R. B. McCord, Member Ex. Committee.</p></td>
-</tr></table>
-
-<h2>WHY DELAWARE USE THE WHIPPING POST<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">*</a></h2>
-
-<p class="center"><span class="smcap">By Charles R. Miller, Governor of Delaware</span></p>
-
-<blockquote>
-
-<p>[Delaware has received in recent months national attention because a member of Congress asked in Congress
-whether the use of the whipping post in Delaware cannot be declared contrary to the provisions of the national
-constitution. To flog prisoners seems to most people a relic of barbarism. Is it justified? Do you agree with the
-Governor of Delaware?]</p></blockquote>
-
-<p>Delaware has whipped criminals of
-certain types since 1656, and will continue
-to whip them until the statutes under
-which corporal punishment is indicted
-shall be repealed.</p>
-
-<p>Congress cannot, and certainly will
-not, interfere in the exercise of proper
-authority under the law, and as the
-whipping post is an integral part of the
-criminal law of Delaware every law
-officer must consent to its use regardless
-of any personal views he may have in the
-matter. Hysterical women, weak men,
-bullies, cranks and blackguards in all
-parts of the country have written to me
-demanding that I set aside the law and
-prohibit whippings for crime in Delaware.
-These good souls give no heed to
-the fact that the whippings are quite as
-legal in Delaware as imprisonment.
-Their demands amount to anarchy, so
-far as law enforcement goes. They cry,
-“Down with the law!” without knowing
-whereof they speak.</p>
-
-<p>I want every criminal, every sharper
-and every moral leper to know that if he
-comes to Delaware and violates the law
-he will not only serve a long term in our
-none too comfortable jails, but that he
-will be whipped in public on his bare
-back before he enters his cell. I wish
-this fact could be spread to the uttermost
-corners of the country.</p>
-
-<p>Delaware wants no undesirable citizen.
-This State offers nothing but the whip
-and the workhouse for the gunmen,
-white slavers, panders, highwaymen and
-common thieves which people the underworld
-of some of our larger cities and
-who seem to get a certain amount of applause
-for their more daring performances
-from the same type of people who
-demand that I shall set aside a fundamental
-law of my State and defy the
-decrees of our High Court.</p>
-
-<p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">*</span></a> From several newspapers.</p>
-
-<p>Delaware houses one-half of her
-population in the city of Wilmington.
-All the rest of the State is strictly rural.
-<span class="pagenum"><a name="Page_2" id="Page_2">2</a></span>
-Our people are of the soil. They are
-typical farmers—plain, wholesome, God-fearing
-people who obey the law and who
-punish crime with severity. We have
-neither the means nor the machinery
-with which to patrol our rural districts
-with armed officers. It follows, then,
-that we must have laws carrying severe
-penalties and rigidly enforce them.</p>
-
-<p>Half the people in Delaware south of
-Wilmington never lock their doors at
-night, window fasteners are uncommon,
-and thought of burglars is totally absent
-from the minds of our people. Once in
-a long while some half-drunken loon will
-enter a house at night. When he is not
-kicked out as a mere intruder he is locked
-up, tried, convicted and whipped according
-to law, and then locked up long
-enough to think it over himself and to
-deter all others from a like offense.</p>
-
-<p>Those who criticise the whipping post
-adversely overlook the fact that Delaware
-is the broad highway between four
-chief American cities.</p>
-
-<p>Our unthinking critics include those
-who do not know that time or the loss
-of time means nothing at all to a very
-large proportion of our population. A
-day, or a week, or a month, more or less,
-costs a low-grade negro nothing at all in
-opportunity or in money. The native
-negroes of Delaware know their place
-and make no trouble. They are far
-above the average in habits and in intelligence,
-but we have a floating negro
-population which is definitely bad, and
-we must safeguard our people, white and
-black, against those who come from all
-parts of the Shore country to the canneries,
-work a few weeks or months and
-then pass on, only to give place to
-another lot just as bad, or even worse.</p>
-
-<p>The negro with city habits is a worse
-proposition than the farm trained hand,
-who is usually law-abiding and useful.
-Delaware can handle her own negroes
-with little or no force, but the passing
-throng of bad men needs attention, and
-they file by with eyes front on the whipping
-posts. Cells mean nothing at all to
-such men, white or black.</p>
-
-<p>Delaware is absolutely free from all
-forms of white slavery. This particular
-form of crime is punished here without
-recourse to the Mann Act or aid from
-the Federal authorities. Did the whipping
-post do naught else but keep cadets
-out of Delaware it proves its eternal
-value here.  In every other State in the
-Union in which there is a large city
-the white slave problem comes up with
-a degree of regularity. The same people
-who condemn the whipping post wring
-their hands and wonder what to do about
-the cadets and their wretched victims.
-Delaware answers, “Whip the cadet!”</p>
-
-<p>Years ago a gang of desperadoes
-undertook to rob a Wilmington bank.
-They tunneled under the building, and
-would have carried off $500,000 in negotiable
-securities but for the suspicions
-of an alert watchman. They were
-arrested, and on trial paid one attorney
-a very large fee solely to the end that
-they might be saved from the public
-whipping. The late great Chief Justice
-Lore sentenced them to long terms in
-prison and to the utmost limit of the law
-as to pillory and lashes.</p>
-
-<p>There has never been a bank robbery
-attempted in Delaware from that day to
-this by professional burglars. These
-men were bank robbers of the first grade;
-the same men who managed one of the
-sensational robberies in New York—the
-Metropolitan Bank, I think. That type
-of criminal never considers Delaware
-now for a second.</p>
-
-<p>A prison term means nothing at all to
-him, but he would never dare show his
-face in his usual haunts after the lash
-fell on his bare back in a Delaware jail.</p>
-
-<p>All prison reformers and all humanitarians
-agree that the object of all punishment
-is to prevent crime—remotely to
-cure the criminal. We are not discussing
-the cure of criminals. We are discussing
-the whipping post per se, and I
-submit that the whipping post has prevented
-two of the most terrible of all
-crimes short of murder—white slavery
-and burglary. There is a grave doubt
-in my mind if there has been a single
-burglary in Delaware within twenty
-years committed by a man who was entirely
-sane and wholly sober, and I do
-not recall any second offenders.</p>
-
-<p>It will not be seriously questioned that
-society has a right to protect itself. If
-<span class="pagenum"><a name="Page_3" id="Page_3">3</a></span>
-the whipping post proves to be a perpetual
-and potential protector against
-the burglar, the highwayman and the
-cadet, why cry down its effectiveness?
-New York had an epidemic of gunmen;
-Chicago had an epidemic of highwaymen;
-Boston and Philadelphia made war on
-cadets. Delaware simply painted her
-whipping posts and multiplied school
-houses.</p>
-
-<p>Within recent weeks, in Philadelphia,
-Judge Norris S. Barratt declared from
-the bench that nothing except a thoroughly
-good whipping at a public post would
-serve to adequately punish a wife beater
-before him. This learned jurist is intimately
-familiar with social and political
-conditions in Delaware and, before the
-Sons of Delaware, most ably defended
-the whipping post as an aid to crime
-prevention.</p>
-
-<p>Solitary confinement has been proved
-a failure. It rots out the prisoner, destroys
-all ambition, and when his hour of
-freedom comes he is without initiative,
-without occupation and without hope.
-Trades are now taught these men, but
-day after day they are “lined up” as professionals,
-and their lives become a
-misery to them.</p>
-
-<p>Now I repeat that the basic idea of
-punishment has to do with the protection
-of society against the criminal. It would
-be a little beyond me to explain the psychological
-effect of a public whipping
-upon the mind of a professional criminal,
-but of course I had ideas. The fact remains,
-however, that the mere prospect
-of such a whipping keeps men out of
-Delaware who would not hesitate a
-second to “shoot up” a dance hall in New
-York or Chicago.</p>
-
-<p>It is a fact of common knowledge that
-ship masters of undoubted courage, of
-tested and proved valor, are as timid as
-little children when ashore; that firemen
-who never give a thought to personal
-peril at a conflagration, bawl and make
-an awful to-do about having a tooth
-filled. Frank Gotch, the wrestler, who
-could tear an ordinary man apart with
-his hands, bows with absolute submission,
-I am told, to the will of Mrs. Gotch.</p>
-
-<p>Doubtless the men of science, the psychologists,
-have a definite name for this
-phenomenon of the mind. I do not know
-this word, but I do know that burglars
-and highwaymen who would brave the
-police force of Philadelphia or any other
-large city will not even consider a “job”
-in Delaware and that these men when
-asked why, invariably reply that they
-will take no chance of the whipping post.
-It may be a display of vanity more than
-fear. I do not quite know.</p>
-
-<p>I have no quarrel with those who want
-to reform prisons, but I am a most
-earnest advocate of any and every method
-that prevents crime, and this the whipping
-post does to a marked degree.</p>
-
-<p>The sense of shame that follows a
-public whipping is quite a different matter
-from the innermost feelings of the
-same man flogged in privacy. In the
-underworld, where there exist strata of
-preferment just as there are social equations
-in organized society, a man who has
-done “a bit” of long duration lives in a
-degree of reflected glory. A yeggman
-who has served ten or twelve years in
-Cherry Hill, Sing Sing, Joliet or any one
-of the other notorious prisons has a certain
-standing among his fellows in crime.
-But it is a curious yet certain fact that
-the man who is whipped in public loses
-caste at once and forever. It seems to
-be that in having been sentenced to be
-whipped, the scene in the court room, the
-display in the jailyard and the final flogging—all
-produce a profound and a lasting
-mental shock.</p>
-
-<p>This is not true when a mere warder
-calls a man out of his cell, beats him and
-then throws him in a dark hole. This
-performance is followed by mere resentment.
-The victim of this system, and
-the prisoner is very often a victim, merely
-promises himself to kill the warder
-if he ever has a chance, or some like
-foolish threat. Not so when a High
-Court, a Chief Justice, amid scenes of
-dignity and decorum, orders the whipping.
-It is the effect upon the mind of
-the man whipped and the result of the
-whipping upon the minds of other criminals
-that count. It is purely psychic but
-it is none the less effective.</p>
-
-<p>None of the men whipped in Delaware
-is punished to the point that very great
-physical torture follows. Such a lashing
-<span class="pagenum"><a name="Page_4" id="Page_4">4</a></span>
-would create a martyr of a criminal, and
-this must be avoided.</p>
-
-<p>Criminals of the type that hold up
-trains, raid banks and rob Government
-buildings are jealous of their reputations
-in the underworld. Once whipped they
-become objects of derision and contempt
-in their own circles. Some of these men
-are inordinately vain. It is quite likely
-that this vanity, affectation or love of
-even doubtful glory deters them from invading
-Delaware and daring the post.</p>
-
-<p>Notice how the arrest of a notorious
-yeggman is always followed by accurate
-reports of his record. Study these records
-and you will seldom see that the
-prisoner was whipped in Delaware. It is
-idle to assume that these men are afraid
-to come to Delaware because we have
-police, a militia and all the other agencies
-for the enforcement of law. These are
-common to all communities. They are
-not in any degree afraid of the physical
-punishment involved in a Delaware whipping.
-Many of them in friendly boxing
-bouts are more thoroughly beaten up
-every few days while exercising. It is
-the preliminaries, the mental picture of
-the trial, the solemnity of the sentence,
-the ignominy of the performance, and,
-last of all, the contempt, ridicule and
-humiliation at the hands of their consorts,
-male and female, that produce the
-result first on the individual whipped, and
-ultimately upon all of his kind.</p>
-
-<p>If there was nothing to it but a mere
-flogging by a prison warder of doubtful
-authority; simply one man in brief
-authority beating up another man but
-temporarily in his keeping, there would
-be, could be, no such result, and the whipping
-of criminals would probably degenerate
-into revolting performances with
-attending scandals. The Delaware system
-precludes any such possibility.</p>
-
-<p>The women of the nation lead in all
-humanitarian work as they should. In
-every large city in the United States, except
-Wilmington, Delaware, some brute
-is sent to jail every day or so for wife
-beating. Chicago has had to establish a
-Court of Domestic Relations for the almost
-exclusive benefit of women who
-have been whipped by beasts who swore
-to love and honor them. Delaware will
-never need any such court so long as the
-whipping post is so near the court house
-and in such great favor with our judiciary.
-There is no Judge sitting in Delaware
-who does not strongly favor the
-last for wife beaters.</p>
-
-<p>Some of our good friends who call
-themselves penologists, philanthropists,
-humanitarians and prison reformers overlook
-one all important matter in their
-crusades. This essential is the prevention
-of crime. Without discussion I will agree
-to everything that any of them propose
-for the health and education and reformation
-of a criminal, but I still insist that
-he is best off when he is kept from
-crime.</p>
-
-<p>The people of Delaware are not barbarians.
-In education, in culture, in true
-charity and in man’s love for man the
-people of Delaware rank with the best
-in the land and in patriotism second to
-none. It is absurd to attempt the indictment
-of a people of a sovereign State.
-Delaware has a proud place in the history
-of the country and is prepared to meet
-every proper issue as it arises and Congressmen
-from the wilds of Montana will
-do well to study the practical results following
-legislation in Delaware before
-asking for Federal interference in a purely
-State matter.</p>
-
-<p>Let every professional criminal in all
-the world know that Delaware is no field
-for his operation; that crime here means
-public whippings on the bare back, the
-ultimate of public disgrace, absolute enforcement
-of the law and Delaware will
-be well served. Other States may toy
-with the criminal; experiment with crime
-and multiply the police, but Delaware
-will continue to prevent crime and thus
-save the criminal from himself and protect
-the public from the criminal.</p>
-
-<p>There is no considerable sentiment
-against the whipping post in Delaware.</p>
-
-<hr />
-
-<p><span class="pagenum"><a name="Page_5" id="Page_5">5</a></span></p>
-
-<h2>TROUBLES OF THE TEXAS PRISON SYSTEM</h2>
-
-<p class="center"><span class="smcap">By Tom Finty, Jr.</span></p>
-
-<blockquote>
-
-<p>[This  is the second and concluding article by Mr. Finty. The first article appeared in the December, 1913,
-Delinquent. Mr. Finty’s two articles are an especially interesting statement.]</p></blockquote>
-
-<p>In the foregoing I have attempted to
-outline the situation of the Texas prison
-system, to show how a burden of loss
-and debt has followed marked financial
-prosperity, and to indicate why the public
-is puzzled over the situation. I shall now
-endeavor to outline the causes of this
-condition, my statement being based not
-merely upon the conclusions of the investigating
-committee of 1913, but also
-largely upon the testimony taken by the
-committee, which testimony I heard and
-reported. This statement necessarily will
-include something of a review of provisions
-of the prison reform act of 1910,
-of criticisms of the same, and of the
-revisions which the Legislature recently
-tried to make.</p>
-
-<p>When the prison reform act of 1910
-took effect on January 20, 1911, and
-Governor Colquitt appointed his prison
-commissioners, the system was clear of
-debt except as to a small sum in current
-bills for supplies just received and on
-hand. There was also outstanding $100,000
-of bonds secured by a direct lien on
-the Texas State Railroad. These bonds
-are still outstanding, and they are not
-taken into account in any of the statements
-hereinafter made.</p>
-
-<p>The prison population when the new
-law took effect was 3,578. Of this number
-1,046 were hired out; 831 were working
-on share farms (a modification of the
-hiring-out system), and 1,701 were employed
-upon State account, 586 of these
-within or near the walls, and 1,115 upon
-the State farms.</p>
-
-<p>The acreage cultivated on the State
-farms was 18,097; on share farms 25,363,
-and on contract farms 18,680; total
-62,140.</p>
-
-<p>The prison population on September
-30, 1913, was 3,926, all of which force
-is employed on State account, 733 of the
-prisoners being in or near Rusk and
-Huntsville prisons and 2,965 on State
-plantations. These plantations now include
-certain rented lands, adjoining the
-lands owned by the State. The prison
-population is classified as follows: White
-1,244, blacks 1,919, mulattoes 335, Mexicans
-405 and Indians 3. The number includes
-92 females, 7 of them white, and
-85 black.</p>
-
-<p>The acreage cultivated by the 2,965
-prisoners on State farms in 1913 was
-36,993, as compared with 62,140 acres
-cultivated by 2,807 persons at the time
-the new law took effect.</p>
-
-<p>The reports of the prison commissioners
-and of chartered accountants
-show that in the two years next following
-the date the act of 1910 took effect
-the prison system’s losses from operation
-were $722,773.41; that debts aggregating
-$1,528,458.04 accrued, and that $310,000
-appropriated from the public treasury had
-been expended.</p>
-
-<p>Marked difference of opinion as to the
-cause of this fiscal situation exists. Obviously,
-the debt is due in part to the
-operating losses, and both the debt and
-the losses were in part caused by lack of
-operating capital.</p>
-
-<p>A part of the debt represents outlay
-for improvements and equipment necessary
-to provide housing and employment
-for the convicts withdrawn from the hiring-out
-system. A part of it, as already
-suggested, represents lack of operating
-capital.</p>
-
-<p>When a large proportion of the convict
-population was hired out, the men
-who hired the convicts furnished the land,
-mules, implements and houses. When
-the State withdrew the convicts from
-hire, it had to provide all of these things.</p>
-
-<p>When the convicts were hired out, their
-wages were paid to the State monthly,
-regardless of the profits or losses of the
-contractors. This income furnished an
-operating capital for the prison system as
-a whole. It was a substantial income: the
-State received $31 a month for each first-class
-convict, making a large profit after
-it had paid for food and clothing and for
-guarding. When the convicts were withdrawn
-<span class="pagenum"><a name="Page_6" id="Page_6">6</a></span>
-from hire, this steady and dependable
-income stopped. Expenditures continued
-steadily throughout the year; the
-bulk of the receipts came at the end of
-the crop year, and, of course, the income
-was as uncertain as is the weather and
-the crops.</p>
-
-<p>Thus, much of the indebtedness is explained.
-However, the wisdom of the
-commissioners in abolishing the contract
-system almost three years before they
-were required by law to do so has been
-questioned. It has been asserted that if
-they had permitted the contracts to continue
-during the three years, receiving the
-income therefrom, they would have been
-prepared to enter upon a complete State
-account system with much better chance
-for it to succeed. It should be noted,
-however, for what it may be worth, that
-some of the contractors said they did not
-want to keep the convicts under the conditions
-as to hours of labor, etc. imposed
-by the act of 1910.</p>
-
-<p>In considering losses from operation of
-the prison system, it is readily seen that
-expenses were increased by requirements
-of the new law. The investigating committee
-says that $379,791.73 was thus
-added to the expense account during the
-first two years. These requirements
-were:</p>
-
-<blockquote>
-
-<p>1. That 10 cents a day should be paid to
-each convict who had earned a diminution of
-sentence by good behavior. The commissioners
-advocated a repeal or modification of
-this provision. It is almost generally admitted
-that the provision in its present form
-is not only too sweeping, but also that it fails
-of its purpose. It has had little, if any,
-effect in the way of encouraging good conduct.
-Evidently, however, this negative result
-is due not so much to the fact that the
-per diem was paid as it is to the fact that the
-per diem has not been paid. After the system
-became involved in debt, and the $310,000
-appropriation above mentioned was exhausted,
-no further payment of per diem was
-made, except as convicts were discharged.</p>
-
-<p>2. That convicts should be paid for overtime.
-The comment upon the per diem item
-applies to this all the way through. Most of
-the overtime has gone to cooks, waiters and
-flunkers. Suspension of per diem and overtime
-payments has caused much dissatisfaction
-among the convicts.</p>
-
-<p>3. That certain new offices should be created,
-teachers be provided, and that the salaries
-of guards should be increased.</p></blockquote>
-
-<blockquote>
-
-<p>4. That better provision should be made for
-female convicts.</p>
-
-<p>5. That all new convicts should be brought
-to Huntsville prison before being assigned to
-other parts of the system. The commissioners
-recommended the repeal of this provision, because,
-they said, medical examination could be
-made at the farms as well as at Huntsville.
-They never seemed to understand the purposes
-of the requirement, which was, briefly,
-to assign the convicts to proper industries, to
-prevent sending to outside work men who
-were likely to attempt escape or to foment
-mutiny, and to secure to all prisoners some
-training in prison discipline. This purpose
-being misunderstood, prisoners are sent to the
-farms on the next train leaving after their
-arrival at Huntsville prison.</p>
-
-<p>6. That discharged convicts should be
-furnished a railroad ticket to any point in the
-State, instead, as formerly, to the place where
-convicted. The commissioners recommended
-the repeal of this provision.</p>
-
-<p>7. That the State should bear the expense
-of sending the corpses of convicts to their
-kinspeople upon request. Repeal of this also
-was recommended.</p></blockquote>
-
-<p>There were two other matters upon
-which the commissioners were not in
-agreement. The first was the requirement
-of the law that convicts should not
-be worked more than ten hours a day,
-this limit to include the time spent going
-to and from work. The second was the
-abolition of whipping. This latter was
-not required by the law, but was enforced
-by executive order.</p>
-
-<p>Commissioners Tittle and Brahan attributed
-the losses from operation largely
-to the fact that the convict population
-upon the whole was not performing a
-reasonable amount of labor, as was indicated
-by the falling off in acreage cultivated.
-This condition they ascribed
-largely to the statutory limitation upon
-the hours of labor, and, further, to the
-fact that the most effective means of punishment
-(whipping) had been interdicted
-by executive order. The farm managers
-and sergeants, and, in fact, very nearly
-every officer of the system, supported
-them in these views.</p>
-
-<p>Chairman Cabell denied the truth of
-their deductions as to the abolition of
-whipping, and he asserted that in his
-opinion these other officers exaggerated
-the influence of the limitation upon the
-hours of labor.</p>
-
-<p>Certain of the new officers of the system
-<span class="pagenum"><a name="Page_7" id="Page_7">7</a></span>
-who testified before the investigating
-committee said that most of the officers
-and guards, having been trained under
-the old order, were not in sympathy with
-the new law nor with its purposes. This
-suggestion was reinforced by the testimony
-of such officers, as is indicated in
-the foregoing.</p>
-
-<p>The circumstances attending the abolition
-of whipping ought also to be considered.
-The prison act of 1910 did not
-prohibit whipping. It limited it and provided
-safeguards against abuses. Many
-of the officers of the system were not in
-sympathy with such limitations. In the
-early summer of 1912, Chairman Cabell
-moved that the use of the “bat” should
-be discontinued and prohibited. His
-motion was defeated by the votes of
-Commissioners Tittle and Brahan.
-Thereupon, Governor Colquitt ordered
-the commission to adopt Chairman Cabell’s
-motion. It did so, unanimously.</p>
-
-<p>It was generally known throughout the
-system that practically every officer thereof
-believed it impossible to control convicts
-or to make them work unless the
-threat of whipping hung over them. Yet
-the first news of the change in punishment
-methods went out through the press
-during a political campaign. In many
-parts of the prison system, so the investigation
-disclosed, the convicts got their
-first information of the change from new
-prisoners. The effect was bad. Convicts
-reasoned that the authority of officers
-directly in charge was negligible; that
-these officers had said they could not control
-convicts or make them work without
-the “bat,” and, therefore, since the bat
-has been taken away, they could safely
-decline to work.</p>
-
-<p>The reluctance of these prison officers
-to shape their course to the new requirements,
-I believe, was based upon sincere
-conviction. The influence of their
-attitude upon results can only be conjectured.
-In this connection it ought to
-be stated that these officers asserted that
-whipping was less inhuman than the substitutes
-provided. These substitutes were
-chaining-up and dark-celling. The former
-consists of fettering the convict’s
-wrists at the end of chains suspended
-from above at such height as to cause him
-to stand erect, but flat-footed, with his
-arms extended as high as they will go.
-There have been some complaints that
-convicts have been chained so high as to
-require them to stand tip-toe. The possibilities
-in the use of the dark-cell were
-illustrated in the Harlem farm tragedy.</p>
-
-<p>A part of the prison system’s losses
-from operation were admittedly due to
-the following named causes:</p>
-
-<blockquote>
-
-<p>1. Heavy damage to cane crop of 1911
-by freeze.</p>
-
-<p>2. Damage to cane and other crops in 1912
-by drouth.</p>
-
-<p>3. Burning of certain shops in Rusk and
-Huntsville prisons, the losses aggregating
-$286,931. Neither the indebtedness nor operating
-account were affected to the full amount
-of this loss, for only about $60,000 was expended
-in replacements. But both indebtedness
-and operating loss were further swelled,
-to an unmeasured extent, by reason of the
-interruption and disorganization of industries;
-for a time there was no work for many of the
-convicts to do.</p></blockquote>
-
-<p>There was also evidence in the investigation
-to show that the plan of organization
-was imperfect. For one thing, the
-commissioners were serving under the
-statute, with their terms limited to two
-years, and they were therefore subject to
-removal in the event of change in the
-office of governor. Also, under this law,
-they were serving in the dual capacity of
-directors and executive officials. The
-system, therefore, had three heads of co-equal
-authority. Much of the testimony
-indicated that this system did not work
-well. The men who wrote the prison
-bill in 1910 did not originally intend
-to provide such a system, but
-at the last moment they changed
-their bill in response to an eloquent plea
-in behalf of the “commission form of
-government.”</p>
-
-<p>When the present Legislature met in
-special session in July, 1913, prohibition
-was still an active issue. Moreover, there
-were rumors that Governor Colquitt and
-former Governor Campbell would contest
-for a seat in the United States Senate
-in 1916, or earlier should an opportunity
-arise. Notwithstanding these
-difficulties or diversions, the Legislature,
-upon the whole, seemed sincerely desirous
-of providing a solution of the prison
-system problem. There was, however,
-<span class="pagenum"><a name="Page_8" id="Page_8">8</a></span>
-no leadership upon the subject which any
-considerable number of the members
-seemed willing to follow. Indeed, the
-leaders were not in agreement. Most of
-the members confessed their ignorance of
-the subject, but in this situation many of
-them offered remedies of their own devising.
-Pride of authority flourished. It
-had become quite the style to advocate
-“humanitarianism;” accordingly many
-impracticable propositions were advanced.
-Most of these were rejected; some found
-their way into the bill finally passed.</p>
-
-<p>This bill provided that the members of
-the prison commission should hold office
-for six years, their terms lapping; that
-they should be paid $1,200 a year each,
-and should not be required to give all
-of their time to the service. In other
-words they were to act as a board of
-directors. They were authorized to appoint
-a general manager, and were not
-limited to the State to find one. This
-general manager was to receive not more
-than $6,000 a year, and to have full
-authority to employ and remove all other
-officers and employees of the system.
-The bill also modified most of the provisions
-of the act of 1910 which had been
-criticized; the limitation upon the hours
-of labor was slightly modified, and the
-per diem requirement was repealed. The
-provision of the law authorizing whipping
-within limitations and with certain
-safeguards was permitted to stand.</p>
-
-<p>These features were in line with the
-recommendations of Governor Colquitt,
-but he vetoed the bill because of other
-provisions. One of the objectionable
-features, this in lieu of the per diem requirement,
-was an elaborate scheme for
-profit-sharing as between the State and
-the prisoners. Many members of the
-Legislature and many citizens as well,
-thought it ludicrous to embark upon a
-system of profit-sharing at a time when
-there were no profits to be shared, and
-to bind the State to stand all losses while
-sharing the profits of prosperous years.
-My personal opinion is that the scheme,
-in the circumstances and in its detail, was
-chimerical.</p>
-
-<p>Subsequent to the adjournment of the
-special session, as I have heretofore
-stated, a new prison commission was appointed,
-this time for six years’ terms
-under the constitution. W. O. Murray,
-a successful merchant of Floresville, is
-the chairman. He served fourteen years
-in both branches of the Legislature, devoting
-himself, as chairman of the Committee
-on Appropriations, to the fiscal
-affairs of the State, and he resigned from
-the Senate to become the chief officer of
-the prison system. The second new member
-is C. J. Bass of Terrell, also a successful
-merchant. The third new member
-appointed is W. O. Stamps, a well-to-do
-farmer and saw mill man of Upshur
-county. Mr. Stamps served two terms
-in the  Texas Legislature and was a
-member of the special committee which
-investigated the prison system in 1909.
-He is not exercising the functions of the
-office to which he was appointed, for the
-reason that Commissioner Tittle claims
-title to the place, and has been sustained
-in this contention by a district judge.
-The prison organization therefore will remain
-incomplete until the court of last
-resort has passed upon the case.</p>
-
-<p>The new board is assisted by an appropriation
-of $1,350,860.27 to pay debts,
-half of it not to become available until
-September 1, 1914. It will not clear up
-all of the indebtedness. The total amount
-appropriated to the prison system since
-the act of 1910 became effective is
-$2,210,860.27.</p>
-
-<p>The indebtedness has increased since
-January 1, 1913, if payments made out
-of appropriations from the State treasury
-are not considered, but a fair statement
-of present indebtedness or of losses
-from operation in 1913 cannot be made
-until the farm products of 1913 have been
-sold. Cane is harvested during the early
-winter.</p>
-
-<p>It is known, however, at this time that
-the crops of 1913 have not turned out
-well and that the results of the year’s
-operations will show on the wrong side
-of the ledger. Nevertheless, it is inevitable
-that a large sum must be expended
-to plant and cultivate a new crop in 1914,
-the returns from which will not be received
-until late in the year.</p>
-
-<p>The losses have been increased
-through damage to the plantations
-through the recent floods of the Brazos
-<span class="pagenum"><a name="Page_9" id="Page_9">9</a></span>
-River. It is estimated that such damage
-will amount to $500,000. The indebtedness,
-however, has been reduced in effect
-through a recent opinion of the Attorney
-General, holding that the law authorizing
-per diem payments to convicts is unconstitutional.
-The Prison System owed
-the convicts quite a large sum of money
-upon account of per diem, and this indebtedness
-has in effect been wiped off
-the books through the Attorney General’s
-opinion.</p>
-
-<p>In this situation, it is believed that
-Governor Colquitt will again convene the
-Legislature in special session in January
-to further deal with the problem.</p>
-
-<p>In my opinion, the chief needs of the
-prison system are a plan of organization
-of the sort which the Legislature sought
-to provide in its recent act; abandonment
-of the big plantation scheme, and adequate
-operating capital. Many penologists
-coming to Texas from other states
-have praised the big plantation scheme;
-the idea of working prisoners in the open
-air and under “God’s sunshine,” rather
-than in shops, appeals to them. A more
-intimate knowledge of the plantation system
-might convince these persons that its
-alleged excellences are largely moonshine.
-It should be remembered, for one thing,
-that most men in Texas, whether in
-shops, stores or offices, get more open
-air and God’s sunshine than do persons
-engaged in similar pursuits in more
-northerly latitudes. I believed that the
-big plantation system was bad even when
-it was financially profitable, or seemingly
-so. It has now ceased even to be profitable.
-Heretofore, few people agreed with
-my criticism of this system. There have
-been converts; yet, I am frank to say that
-not a very great number of persons are in
-agreement with me. Many now are opposed
-to operating the plantations now
-owned by the State, but most of these
-would have the State buy other large
-farms in a different section, abandoning
-the growing of sugar-cane.</p>
-
-<p>Practically all of the able-bodied convicts
-of the prison system have been put
-to work on the plantations regardless of
-their former occupations and regardless
-of their inclination to flee or to foment
-trouble. The four big plantations are
-situated in the valley of the lower Brazos
-River, in a wooded country which invites
-escapes. Consequently, it is necessary to
-have a veritable army of officers and
-guards. The pay-roll is enormous, although
-individual compensation is small.
-Because the compensation is small there
-is a constant shift in the guard personnel.
-As a rule most of the guards are unfit
-for the service. This assertion is supported
-by the testimony of a number of
-the officers of the system. Yet the convicts
-are directly and wholly in the charge
-of these guards the greater part of the
-time, sometimes being miles away from
-headquarters and officers.</p>
-
-<p>The plantations are in a rainy country;
-the heaviest work of the year, cane harvesting,
-is done at a season when the
-weather generally is inclement. It is true
-that free labor encounters the same conditions,
-but it is practicable for free labor
-to go to shelter, while impracticable to
-move large forces of convicts expeditiously.
-Moreover, free labor, as its
-name implies, is free to lay off when it
-so desires; prisoners, as the word implies,
-cannot do this.</p>
-
-<p>The Rusk and Huntsville prisons have
-cells in which usually one, and not more
-than two convicts, are kept. But only
-16 per cent. of the total number of convicts
-are in these prisons. All others are
-on the plantations. The act of 1910 called
-for fireproof cell buildings on the plantations,
-but it did not provide funds
-wherewith to build them. Moreover, the
-prison commissioners, like their predecessors
-in office, deemed it impracticable
-and unnecessary to provide such buildings.
-Accordingly the new buildings
-which they have erected are of the old
-type, plus some improvements. These
-farm prison buildings are good of their
-kind, but the kind is bad.</p>
-
-<p>They are wooden dormitory buildings.
-In each dormitory a large number of convicts
-are housed, sometimes more than
-100. They commingle and converse freely
-within certain hours. Among the convicts
-in every camp there are agitators,
-“congressmen” their fellows call them.
-The conditions are such as to permit, if
-not indeed, to invite, immoral practices,
-conspiracy and mutiny.</p>
-<p><span class="pagenum"><a name="Page_10" id="Page_10">10</a></span></p>
-<p>The efforts to employ practically all the
-able-bodied convicts on the farms, to cultivate
-a large acreage, and to meet the
-varying demands for labor—this latter
-necessitating frequent transfer of convicts
-from plantation to plantation, and
-from shops to the farms—has practically
-defeated efforts at classification of prisoners
-as was required by the act of 1910.</p>
-
-<p>I do not see much hope for the Texas
-prison system unless provision shall be
-made for a business like organization; unless
-there shall be substituted for the
-plantation system a line of industries
-which will admit of the convicts being
-under the actual control of competent and
-suitable officers instead of incompetent
-and poorly paid guards, nor unless adequate
-operating capital shall be provided.</p>
-
-<p>In view, however, of the experiences
-here detailed, I am fearful that before
-such reforms shall be enacted the people
-will grow weary of footing the bills and
-will permit a restoration of the contract
-or lease system, possibly in disguise. The
-present situation is not unlike that of
-1870 when the lease system was adopted.</p>
-
-<hr />
-
-<h2>THE PRISON SHIP “SUCCESS”</h2>
-
-<p>There is now being exhibited along
-the Atlantic coast the oldest and
-strangest craft afloat in the world
-to-day. This is the old British convict
-ship “Success,” now the only
-survivor of the “Ocean Hells,” as
-the ships of England’s fleet of felon
-transports were called in the first half
-of the last century.</p>
-
-<p>Built in 1790, at Moulmain, by the
-old pagoda “looking eastwards to the
-sea,” the “Success” is now 123 years old.
-No ship of anything like her great age
-to-day is seaworthy, yet this old hulk
-under her own sail has succeeded in
-crossing the Atlantic, her time of 96
-days, however, creating no new record.</p>
-
-<p>Massively built throughout of solid
-Burman teak, the “Success” was first
-launched as an armed East India merchantsman
-with beautiful brass guns
-bristling from her sides and fitted handsomely
-for the reception of princes, nabobs
-and the wealthy traders of the
-Orient, whose goods, spices, aromatic
-teas, ivories, jewels and other costly
-luxuries she carried over the seven seas
-to the ends of the earth. Her tonnage
-is 589, and she is 135 feet long and 29
-feet beam. Her solid sides are 2 feet 6
-inches thick at the bilge, and her keelson
-is a solid teak baulk of tremendous
-thickness, with sister keelsons little less
-massive. Her square cut stern and
-quarter galleries stamp her at once with
-the hall-mark of antiquity, and her bluff
-bow shows that she could never have
-distinguished herself for a high rate of
-speed.</p>
-
-<p>Yet pains were taken to make her trim
-and smart, and fit to hold a leading place
-among her sister ships of the Anglo-Indian
-fleet. Remnants of great gilded
-scrolls upon a rich blue ground have been
-brought to light, on scratching away the
-super-imposed coating. The quarter galleries,
-too, were originally decorated with
-massive and artistic carvings. Escutcheons
-can easily be traced at regular intervals
-from stem to stern, and the fo’c’sle
-head, raised high aloft forward, bears at
-its extremity a symbol of innocence and
-beautiful womanhood in the original
-figurehead of exquisite design—a strangely
-inappropriate emblem in the days
-when crime-stained convicts in clanking
-chains put to flight all thoughts of innocence
-and beauty.</p>
-
-<p>Broken only by an occasional conflict
-with a pirate craft, the “Success”
-had an honored life on the ocean until
-1802, when she was first chartered by the
-British Government to transport to Australia
-the overflow of the home jails, the
-unfortunate wretches who at that time
-were sentenced to from seven years to
-the term of natural life for offenses that
-would now be considered trivial and petty,
-warranting at most but a small fine.</p>
-
-<p>Some of the greatest writers of the
-19th century devoted their pens to horror-compelling
-descriptions of the voyages
-of the felon-fleet, of which the
-“Success” was in her day the commodore
-<span class="pagenum"><a name="Page_11" id="Page_11">11</a></span>
-or principal devil-ship. “The Convict
-Ship” described by Clark Russell in his
-novel of that title is in every detail an
-exact picture of the “Success” as she is
-to-day, unchanged after all her years,
-nothing being omitted but her human
-freight and their suffering from the
-cruelties and barbarities perpetuated upon
-them. In “Moondyne,” too, John Boyle
-O’Reilly described at first hand the
-“Hugomont,” a sister ship to this ocean
-hell, with a faithfulness which anyone on
-visiting her must realize.</p>
-
-<p>The human cargoes on these convict
-ships died off like rotten sheep. Here
-is an extract from an official record of
-the maiden trip of the “Success” as a
-convict ship. Dr. White, the colonial
-surgeon, reported:—</p>
-
-<blockquote>
-
-<p>“... of 939 males,” he says, in 1802,
-“sent out by the last ships, ‘Success,’ ‘Scarborough’
-and ‘Neptune,’ 251 died on board,
-and 50 have died since landing, the number of
-sick this day is 450, and many who are reckoned
-as not sick have
-barely strength to attend
-to themselves.”</p></blockquote>
-
-<p>In a further portion of his report, describing
-his first boarding of the “Success,”
-Dr. White said that he found dead
-bodies still in irons—nearly all convicts
-made the full voyage, often lasting nine
-months, heavily ironed—below amongst
-the crowds of the living. Here is his
-own words:—</p>
-
-<blockquote>
-
-<p>“A greater number of them were lying some
-half, and others quite naked, without bed or
-bedding, unable to turn or help themselves.
-The smell was so offensive I could hardly bear
-it. Some of these unhappy people died after
-the ship came into the harbor before they
-could be taken on shore. Part of these had
-been thrown into the harbor and their dead
-bodies cast upon the shore, and were seen lying
-naked upon the rocks. The misery I saw
-amongst them is inexpressible.”</p></blockquote>
-
-<p>Engaged in this hideous trade, the
-“Success” continued to serve until 1851,
-in which year she was permanently stationed
-as a receiving prison in Hobson’s
-Bay, Australia.</p>
-
-<p>Cells, strong and gloomy, were constructed
-on the ’tween and lower decks,
-and in these the most desperate criminals
-that England and Australia could produce
-were “accommodated.” The lower
-deck was devoted to the very worst type
-of convicts, and only prisoners of the better
-class confined in the ’tween deck cells.
-“Refractory” prisoners were immured
-throughout the long days and nights in
-the noisome dungeons in the dark depths
-of the lower hold, and were never allowed
-on shore on any pretext. Their
-only exercise and opportunity of enjoying
-a breath of fresh air was restricted to one
-hour in every twenty-four, when they
-were marched from stem to stern upon
-deck. The exceptionally high bulkwarks
-prevented them seeing aught but the strip
-of blue Australia sky directly overhead;
-the white-winged gulls, as they glided
-over the vessel, seemed to mock the
-prisoners in their heavy chains. From
-long confinement in the dark cells the
-eyesight of the convicts was generally
-ruined.</p>
-
-<p>The corner cells on either side of the
-lower deck are the dreaded “Black
-Holes,” in which prisoners who had been
-guilty of some breach of discipline or
-fractious conduct were punished by solitary
-confinement lasting from one to one
-hundred days. These small and tapering
-torture-chambers measure only two feet
-eight inches across. The doors fit as
-tight as valves and close with a “swish,”
-excluding all air except what can filter
-through the perforated iron plate that
-was placed over the bars above the door,
-in order to make the hole as dark and
-oppressive as possible. A stout iron ring
-is fastened knee high in the shelving back
-of the cell, and through this ring the right
-wrist of the prisoner was passed, and
-then handcuffed to the left hand; the
-consequence was that he was thus prevented
-from standing upright or lying
-down, but was obliged to stoop or lean
-against the shelving side of the vessel as
-it rolled to and fro on the restless waters
-of the bay. Starved, beaten and abused
-as they were, the wonder is that so many
-of even the prisoners were able to endure
-punishment as they did.</p>
-
-<p>In 1857 the disclosures that had been
-made of the brutal and inhuman treatment
-meted out to prisoners created a
-fierce outcry in Australia, amounting almost
-to revolt against the English Government,
-and resulted in the abandonment
-of the hulk system. For some years
-<span class="pagenum"><a name="Page_12" id="Page_12">12</a></span>
-later—from 1860 to 1868 the “Success”
-was used as a women’s prison; then she
-became successively a reformatory ship
-and ammunition store, and later all the
-prison hulks were ordered to be sold on
-the express condition that they were to be
-broken up, and their associations lost to
-the recollection of the residents of Melbourne.
-By a clerical error, however,
-that condition did not appear upon the
-terms of sale of the “Success.” Hence
-she became the only British convict ship
-afloat. It was not until 1890, however,
-that she appeared before the public as an
-exhibition ship. In 1892 a gang of Sydney,
-N. S. W., residents stealthily boarded
-her to revenge themselves for the
-outrage on their pride caused by
-the exhibition of their ancestors, and
-all the figures were mutilated beyond
-repair. The figures were replaced,
-but in order to make their work
-more certain she was again attacked,
-scuttled and sunk in Sydney Harbor, but
-after the lapse of some years and at
-enormous expense her owners raised her,
-and since then she has been on exhibition
-not only in the Antipodean colonies, but
-has circumnavigated Great Britain and
-Ireland twice, and been shown five times
-in London. Her visitors have numbered
-over 15,000,000 people, and have included
-the King of England, the Prince of
-Wales, the Prince and Princess Henry of
-Battenburg, and other members of the
-royal family, the German Emperor, Captain
-Dreyfus of Devil’s Island, Lord
-Charles Beresford, the late Mr. W. E.
-Gladstone, and other “notabilities.”</p>
-
-<p>In 1912 she attempted what was perhaps
-the greatest feat in all her remarkable
-career—that was, to make the passage
-across the Atlantic under her own
-sail, unaccompanied by tug or steamer.
-The shipping world was aghast when the
-voyage was projected. “Impossible,”
-said every man that ever sailed the seas
-in ships, “that this century and a quarter
-old hulk could brave the spring hurricanes
-of the western Ocean!” Lloyds
-refused her insurance, the British Government
-refused her clearance and sea-captain
-after sea-captain refused her command,
-but finally a stout old skipper, Captain
-John Scott, and a gallant crew of
-adventurous souls under the command of
-Captain D. H. Smith, the owner, hoisted
-sail and took her out of Glasson Dock on
-the very day that the ill-fated “Titanic”
-sailed from the port of Southhampton.
-For 96 days she battled bravely, her
-staunch old hull defying the crashing
-gales and mountainous seas and at length
-made port in Boston Harbor with a crew,
-worn out and half starved but bravely
-triumphant, to the applause of press and
-public, who likened the splendid feat to
-the epoch-making voyage of Christopher
-Columbus.</p>
-
-<p>Since then the “Success” has exhibited
-in Boston, Providence, New York, Asbury
-Park, Philadelphia and is now being
-shown in southern seaports.</p>
-
-<hr />
-
-<h2>PROGRESS IN MASSACHUSETTS</h2>
-
-<p class="center"><span class="smcap">By Warren F. Spalding</span></p>
-
-<blockquote>
-<p class="center">Secretary, Massachusetts Prison Association, and Member State Parole Board</p></blockquote>
-
-<p>The legislation actually enacted during
-1913 constituted but a small part of
-the progress made in prison reform. A
-combination of circumstances caused a
-reference to the next Legislature of many
-measures which had the hearty approval
-of the leaders in both branches. The reorganization
-of the prison commission,
-late in session, led to the postponement.
-It was felt that the new board should pass
-definitely upon the proposed legislation.</p>
-
-<p>Governor Foss outlined in messages to
-the Legislature a program for prison reform,
-the spirit of which is likely to be
-the basis of future Legislation. The most
-important of his recommendations is that
-the State assume the control and administration
-of all the county prisons, on the
-ground that crime is against the State and
-not against counties, and that the care of
-criminals is a function of the State. This
-would make it possible to classify both
-prisons and prisoners.</p>
-
-<p>If the prisons are to remain in the control
-<span class="pagenum"><a name="Page_13" id="Page_13">13</a></span>
-of the State, he recommended that all
-the long-term men be gathered in a few
-of them, and that schools which should
-give both mental and manual training be
-established, at the expense of and under
-the control of the State, making the reformation
-of such men the definite purpose
-of imprisonment.</p>
-
-<p>The State prison buildings are old, and
-the construction of a new prison has been
-under consideration for several years.
-To the mind of the Governor no steps in
-this direction should be taken until the
-entire felon population of the State has
-been studied, with a view to the construction
-of buildings which will provide
-for the classification of such offenders,
-and the establishment of a system of
-grading and separation of men who need
-different methods of treatment. This
-may involve the use of the modern part
-of the present prison for the worst men,
-and the construction of new buildings
-elsewhere, for other classes, with ample
-facilities for outdoor work for those who
-can be trusted. The Concord reformatory,
-built originally for a State prison,
-and well adapted for it, could be used
-for the State prison. If that should be
-done, it would be possible to have a new
-reformatory, built to fit reformatory
-work. The buildings of the reformatory
-at Sherborn are wholly unfit for such an
-institution, and the construction of smaller
-buildings on the reformatory plan is
-one of the possibilities.</p>
-
-<p>It is expected that the prison commission
-will report upon these matters to the
-next Legislature.</p>
-
-<p>Of completed legislation, the most important
-measure passed in several years
-is the law establishing a board of parole.
-Heretofore the prisoners in the State
-prison and the two reformatories have
-been paroled by the prison commission.
-The work has been done in a mechanical
-way, solely on the basis of the conduct
-of the prisoner, his fitness to return to
-the community receiving little if any consideration.
-Comparatively little attention
-was given to the supervision on paroled
-prisoners, so long as they did not commit
-new crimes.</p>
-
-<p>The new parole board is required to see
-all prisoners who are to be paroled, and
-is making fitness for free life the main
-consideration in releasing. Its members
-are paid for their work and can therefore
-give to it all the time needed. When the
-work is fully in hand, it will have information
-covering the entire history of
-every prisoner, enabling it to pass intelligently
-upon the case. The prison commission,
-which has the supervision of
-paroled prisoners, is changing its
-methods, and eventually will know the
-whereabouts and conduct of every individual.</p>
-
-<p>The requirement that men shall become
-fit to be released is likely to lead to
-changes in the prison system, as it is
-manifestly unfair to require men to improve
-in confinement unless the State provides
-the means for improvement, and
-makes that the first purpose in dealing
-with them.</p>
-
-<p>The treatment of criminal drunkenness
-has attracted much attention recently.
-There is general dissatisfaction with present
-methods—short sentences for punishment—and
-a feeling that “drunks” should
-be separated from other offenders. On
-the recommendation of the Governor, a
-commission was created to study the
-whole subject of drunkenness and its
-present treatment.</p>
-
-<p>In 1911 a law was passed, authorizing
-the establishment of departments for
-“defective delinquents,” with a view to
-segregating those offenders whose crimes
-were due to mental inferiority. No appropriation
-was made however, and nothing
-could be done. The Governor recommended
-the erection of buildings at the
-State farm, and at the reformatory for
-women, but the Legislature, instead,
-authorized the Governor and council to
-lease buildings for the purpose. Though
-the new jail at Fall River, never opened,
-is not specified, it seems plain that the
-intention was to use that. It is doubtful
-however if it will be found suitable.</p>
-
-<p>An important change was made in the
-law authorizing a suspension of sentence
-in cases of minor offenders who have
-been sentenced to pay fines. The old law
-permitted this, but many judges used the
-power in comparatively few cases. The
-new law compels courts to put fine cases
-on probation, giving the offender time to
-<span class="pagenum"><a name="Page_14" id="Page_14">14</a></span>
-pay, unless it is believed that he will default.
-It is expected that this will greatly
-reduce the number of commitments for
-non-payment of fines.</p>
-
-<hr />
-<h2>COMMISSIONER RANDALL’S REPORT</h2>
-
-<blockquote>
-
-<p>[When the man that people like to speak of as “Frank” Randall went to Massachusetts from Minnesota as
-chairman of the Massachusetts Prison Commission it was expected that he would be “frank.” Here is a summary,
-from the Boston Herald of parts of Mr. Randall’s first annual message.]</p></blockquote>
-
-<p>In an interview given the first of the
-year by Frank L. Randall, the new chairman
-of the Massachusetts Prison Commission,
-he made several suggestions for
-the improvement of the penal system of
-Massachusetts.</p>
-
-<p>In his six months’ service he has been
-taking stock of the situation. While he
-has found many things that warrant the
-pride the State has in her penal institutions,
-he has found also not a few
-serious problems of which the general
-public know little or nothing. He pays
-high tribute to the sheriffs and others
-engaged in the penological work of the
-State. But he discusses a large number of
-suggestions as to the supervision of the
-prison industries of the commonwealth,
-the indeterminate sentence, the trying out
-of applicants for employment as guards
-and in other capacities, the pardoning influence
-of the wardens and superintendents,
-and especially as to the very large
-number of persons on parole, of whom
-the State has lost track altogether.</p>
-
-<p>“Did you know,” he asks, “that in this
-State there are 1,056 persons from the
-State reformatory, 217 from the State
-prison and more than 200 from the
-woman’s prison who ought to be making
-regular monthly reports to the proper
-authorities but of whom the State knows
-little or nothing?</p>
-
-<p>“This is a very serious situation. According
-to the records all these persons
-were paroled. The terms of the parole
-in each and every case was a regular
-report every month, that the prison officials,
-representative of the power and
-supervision of the State, might know exactly
-the situation of each convicted
-person who has been liberated upon obligation
-to keep the State informed of his
-movements.</p>
-
-<p>“Some of these persons have never
-rendered a single report. Others have
-reported for a time, and then ceased to
-trouble themselves about the matter. In
-very many cases their whereabouts is unknown.</p>
-
-<p>“Now the sentences of these persons
-have not expired. They are still nominally
-in the charge of the State, which
-has granted them their liberty upon conditions.
-There ought not to be a single
-such case. In no instance should the
-State be ignorant of the whereabouts of
-a prisoner unless he is a fugitive from
-justice. These persons may not be
-classed as fugitives, and their sentences
-have not expired, yet the State has no
-trace of them.</p>
-
-<p>“This situation certainly shows a flaw
-in our system and a serious one.</p>
-
-<p>“I am strongly of the opinion that the
-prison industries of the State ought to
-be differently managed.</p>
-
-<p>“Our boards now are primarily concerned
-with the welfare of the prisoners,
-and properly so. The welfare of the
-inmate of a penal institution must come
-first. But there is a service to the State
-which he is rendering, and it is the part
-of business efficiency to make that service
-as large and of as good quality
-as possible.</p>
-
-<p>“The industries of the penal institutions
-of the State are not managed in a
-business way. Here are hundreds of
-workers making thousands of dollars’
-worth of goods, and no one who is expert
-in business affairs is held responsible
-for the administration of this industrial
-system. The wardens and the superintendents
-look after these details as
-one of their duties. But neither they nor
-any other official can devote the time
-and attention to these industries which
-they ought to have in order that the
-State may get from them the largest return
-and the workers themselves derive
-from them the greatest benefit for themselves.</p>
-
-<p>“The one officer who now gives
-<span class="pagenum"><a name="Page_15" id="Page_15">15</a></span>
-all his time to the concerns of the penal
-system is the chairman of the board, and
-he has a multitude of matters to occupy
-every moment. There ought to be some
-person of commercial ability, a trained
-business man, who should give his whole
-time to the dollars and cents of the
-penal establishment of the State. Let
-the commissioner give his attention predominantly
-to the humanitarian side of
-the work. But let us have a trained
-expert who shall develop new industries,
-improve the system of marketing
-the product, and look in general after
-the business side of the prisons just as
-the superintendent looks after these matters
-in any private enterprise. It will
-pay the State to consider this matter.”</p>
-
-<p>As he proceeded in his discussion of
-these problems it became more and more
-evident that to the commissioner prison
-service ought to be a life work, a professional
-occupation, to which men
-should give their lives, just as they go
-into law or medicine, and that this
-should be the case with the guards as
-well as with the wardens and the heads
-of the penal system of States. This appeared
-in his discussion of the warden’s
-influence on the granting of pardons.</p>
-
-<p>“I myself got caught by my ignorance
-of one of the kinks in the laws of the
-country some years ago,” he said. “It
-was this way. Out in Minnesota
-there was an Indian boy in prison who
-was dying of tuberculosis. I investigated
-his case, saw the proper parties,
-and went to the executive with a plea
-for pardon that the lad might go where
-there was a chance for the recovery of
-his health. I had the influence of senators
-and prominent men. And at the
-last minute I found that I could not get
-anything done because my name appeared
-upon the petition.</p>
-
-<p>“You see, it is assumed that it is not
-wise for the guard or the warden to be
-in any way friendly with his prisoners
-and at the same time to have influence
-for the securing of pardons. He might
-try to use his influence for the advantage
-of his favorites, and give them their
-liberty, not because they were ready for
-it, but out of personal reasons. That
-was the old thinking on the subject.</p>
-
-<p>“But the new thinking is better. If
-you have the right kind of warden there
-will be no danger of the abuse of any
-such power. He will be so sincere a
-friend of each and every prisoner that
-he will not use his influence to free a
-man until he is sure the convict is ready
-to return to society with safety to himself
-and to his fellowmen. When you
-have that kind of warden his opinion
-will be the very best that it is possible
-to have.</p>
-
-<p>“The same point applies in the case of
-the guard. The old theory is that the
-guard must not talk with a prisoner except
-on matters of discipline. He might
-become interested in a prisoner and that
-would be bad for discipline. The new
-and better idea is that we should have
-guards who mean to make penology a
-serious professional occupation, a life
-career, and then their attitude toward a
-prisoner changes entirely, and the danger
-of favoritism disappears.</p>
-
-<p>“In most cases when a man applies
-for a place as guard we look him over
-and tell him to put on a uniform if he
-bears scrutiny. He may pass some simple
-tests in a civil service examination.
-But what about his temperamental fitness
-for the responsibility of the care
-of prisoners? That is, perhaps, the most
-important qualification. As it is, we
-have no means of determining it.</p>
-
-<p>“I wish we might have some sort of
-central agency for the trying out of
-prospective guards. When they have
-made good and manifested a disposition
-seriously to study and practice the science
-of penology then they become very
-valuable to the State. Men who go into
-the occupation as a makeshift are expensive
-to the State in the long run. If
-we could test him in practice the credentials
-a man would bring from that
-central clearing house would be the best
-possible guarantee of fitness.</p>
-
-<p>“The science of penology in this country
-has advanced with very rapid strides.
-But the art of penology has not kept
-pace with it. And the reason is suggested
-in what I have said. There are
-too few who mean to make penology
-a real career. What we need is the type
-of man who can see the possibilities of
-<span class="pagenum"><a name="Page_16" id="Page_16">16</a></span>
-service to the State in his kind of work.</p>
-
-<p>“Another matter which has been already
-a subject of study with me here
-in Massachusetts is the practice we have
-of mixing in our institutions two classes
-who ought to be kept apart. We have
-the workhouse cases and the prison
-cases. The former will include probably
-the older and the more confirmed offenders,
-many who are less hopeful of
-reformation, the careless and the professionally
-delinquent. They come and
-go and come back again quite as a matter
-of course.</p>
-
-<p>“But very many of the prison cases
-will be younger persons convicted of
-more serious offences. They will include
-many who can be appealed to, that are
-not confirmed in crime, who will respond
-to influence of the proper sort.</p>
-
-<p>“Now, it is not good policy to mix
-these cases. The one class comprises
-many who are glad to be fed and lodged
-and sheltered by the State. The others
-must not be permitted to learn to think
-of themselves as thus, subjects of the
-State’s care.</p>
-
-<p>“I would have these men sentenced
-indeterminately, not to be released until
-it is evident that they are ready for
-liberty. They must be treated as individual
-cases and adjustments must be
-made in each instance. I would place
-their release in the discretion of certain
-officials who may be presumed to be
-best prepared to say whether or not they
-are ready for release.”</p>
-
-<p>In general Mr. Randall referred to the
-need of the removal of the work of
-prison officials from all political and
-partisan influences and control. He
-named the State of Ohio as a community
-which has lately taken a very advanced
-step in penal legislation. The
-State of Illinois was referred to as an
-example of precisely the opposite sort.
-The commissioner told of his experiences
-in attending the annual meetings
-of the prison workers of the country,
-when year after year there will appear
-different sets of officials from the same
-city or State. “How can there be any
-real progress, or any development of the
-art of penology, when there is so little
-tenure of office?” he asked with a smile.</p>
-
-<p>“This country,” he added, “is regarded
-all over the world as a great laboratory
-where all sorts of theories have a
-chance to be tried out. This is because
-of our federal system. The United
-States has nothing to do except with a
-few federal prisons. Each State of the
-forty-eight has its own penal institutions.
-Thus, as you go about the country you
-may see almost every sort of plan, the
-most advanced and the most belated, in
-operation. For that reason deputations
-from foreign countries are sent here
-often for observation and study. Massachusetts
-ranks high, and deservedly so,
-although there are many opportunities
-for improvement.</p>
-
-<p>“One thing that must be remembered
-is this, that it is almost impossible to
-tell in advance how a plan is going to
-work. It may be wrought out with
-great care. But we have human nature
-to deal with, and exceptions to rules
-occur pretty frequently. Often a seemingly
-unimportant provision may prove
-very valuable. Then it must receive the
-place of importance that it deserves,
-and be adapted to varying conditions
-everywhere. And often what has seemed
-to be important will turn out to be of
-very subordinate consequence.”</p>
-
-<hr />
-<h2>VERMONT’S STATE PRISON IN “THE HONOR
-SYSTEM LINE”</h2>
-
-<blockquote>
-
-<p>[The Boston Globe has recently published the following article. Warden Lovell of Windsor seems to be running
-Sheriff Tracy a close second.]</p></blockquote>
-
-<p>Wilson S. Lovell, the superintendent
-of the Vermont State Prison at Windsor,
-has advanced ideas concerning the management
-of convicts.</p>
-
-<p>“When I can’t treat them like human
-beings,” he says, “I’ll give up the job.”</p>
-
-<p>Certainly his prisoners have privileges
-not generally accorded elsewhere
-to offenders against the law who are
-serving sentences.</p>
-
-<p><span class="pagenum"><a name="Page_17" id="Page_17">17</a></span></p>
-
-<p>They are permitted to keep razors
-and to shave themselves.</p>
-
-<p>If an occupant of the electrically lighted
-cells doesn’t like the white-wash on
-the walls, he can replace it with a paint
-of cheerful red or any other color which
-does not offend his artistic eye.</p>
-
-<p>Many of the men, who have nearly
-served out their terms, work about the
-town under a keeper and on the prison
-farm. For the work about town they
-receive approximately 50 cents a day for
-their own personal use.</p>
-
-<p>The prison cows are driven out to
-pasture, some distance from the institution,
-but there is nothing in the garb or
-manner of the persons who drive them
-to suggest that they are convicts, but
-nevertheless they are. They are allowed
-to go unattended—in a word are trusted—put
-on honor.</p>
-
-<p>The women inmates, who do all the
-housework of the prison with the exception
-of the cooking, which is done by the
-men, have unprecedented liberties.</p>
-
-<p>They are allowed all over the place.</p>
-
-<p>One can see them of a morning carrying
-baskets of clothes to the clothes-yard
-outside the walls.</p>
-
-<p>They gather raspberries and strawberries
-in the prison garden, which is
-unsurrounded by any barrier.</p>
-
-<p>In the afternoon, when their work is
-done, they are at liberty to read, crochet
-or sew in their rooms, which are
-all in a separate building, and quite as
-airy and well furnished as those of the
-officials.</p>
-
-<p>Supt. Lowell indulges them in automobiling,
-evenings, taking them out three
-or four at a time, and when there is a
-band concert on the village green they
-may be seen sitting on the benches of
-the lawn facing the street, attended by
-the prison matron.</p>
-
-<p>Either there is something in the old
-saying “honor among thieves,” or else,
-being treated so well, the prisoners have
-no desire to try to escape from their
-“happy home.” At any rate they seem
-well content, look well fed and well
-kept and are a credit to the “humane
-treatment.”</p>
-
-<p>Within the last two years there have
-been none on the sick list in the prison
-hospital.</p>
-
-<p>Before the advent of Mr. Lovell the
-prisoners filed in line to the yard three
-times a day, summer and winter, and
-received their bowls of soup or plates of
-hash through a slide which extended outside
-from the kitchen. Each one would
-then go to his cell and eat his portion.
-They now have a large dining room with
-long tables running the length of the
-room. Here they are fed upon “the fat
-of the land.”</p>
-
-<p>There is a splendid vegetable garden
-in the rear of the prison—the pride of
-Supt. Lovell’s heart. Such large, juicy,
-red tomatoes, rows of string beans, cucumbers,
-lettuce and watermelons, beets,
-squashes, cabbages, and below a field of
-sweet corn! All of these vegetables are
-used for the prisoners; nothing is sold
-outside.</p>
-
-<p>They are allowed from three to four
-ounces of meat a day. They eat molasses
-on their bread on week days, great
-glass jugs of it being placed at intervals
-on the long tables; but on Sunday they
-are given butter. On holidays, Christmas
-and Thanksgiving, etc., they have
-quite as good a dinner as any one, a
-turkey and “all the fixings.”</p>
-
-<p>The men of the prison are mostly
-engaged in making shirts. There is a
-long, well-lighted workshop, two stories
-high. The shop is exceedingly well
-equipped with electric lights, electric
-fans, electric flat-irons, sewing machines
-and cutting machines.</p>
-
-<p>At the rear of each man’s chair is a
-pail of water, a cake of soap, and on the
-back of his chair a towel. Under the
-long work tables, suspended by hooks,
-are small mirrors—the personal property
-of some of the vainer fellows. So the
-toilet is not neglected, but scrupulously
-attended to at the sound of the bell at
-noon, and at 5:30 in the afternoon.</p>
-
-<p>The men have a ten-hour day, beginning
-at 7:30 in the morning, taking a
-half-hour off at noon, and finishing at
-5:30 P. M.</p>
-
-<p>They seem interested in their work—looking
-up with good-natured smiles at
-the curious visitor.</p>
-
-<p>The men also make their own wearing
-apparel, everything but shoes and stockings.
-This work is done in the State
-workroom. Here they also repair their
-<span class="pagenum"><a name="Page_18" id="Page_18">18</a></span>
-shoes and darn their socks. They also
-use the room as a barber shop, but the
-old fashioned ideas of the shaven poll
-are done away with and the prisoner
-has just an ordinary haircut.</p>
-
-<p>An interesting feature is the store of
-the prison. In it are the various specimens
-of the handiwork of the prisoners.
-These are for sale, and comprise watch
-chains, charms, and hat pins in onyx,
-carved wooden boxes, strange wooden
-birds with spotted wings, and worsted
-mats.</p>
-
-<p>One of the prisoners, who never took
-a drawing or painting lesson in his life,
-has painted a picture of the River Dorderecht,
-Holland. It is well drawn, and
-the coloring is extremely good for an
-amateur.</p>
-
-<p>There is a chapel in connection with
-the prison, and here, on Sunday mornings
-at 9 o’clock, service is held, and
-visitors are welcome. The choir is composed
-of some of the prisoners. The
-women are excluded from the service,
-having one of their own in the afternoon,
-to which the public is not invited.</p>
-
-<p>Mr. Ford, the white-haired chaplain,
-calls the men “my boys,” and he certainly
-seems to have a wonderful influence
-over them.</p>
-
-<p>Evenings they sit in their cells reading
-by electric light, or engaged in making
-various things to sell, for which,
-when sold, they receive the money. At
-about 8 P. M. the guard, carrying a
-lighted torch, proceeds along the tiers
-in the men’s section and stops at each
-cell to give the occupant light. They are
-allowed to smoke a pipe, and the tobacco
-is furnished by the prison authorities.</p>
-
-<p>An unusual privilege is an opportunity
-to procure little outside luxuries
-with any money which they may have
-earned. Every Wednesday the warden
-or the chaplain makes the rounds of the
-cells and inquires of each one what he
-would like to have purchased. In this
-way they acquire many little comforts
-which they otherwise would not have.</p>
-
-<h2>LEGISLATION IN KANSAS</h2>
-
-<p class="center"><span class="smcap">By J. T. Howe</span><br />
-
-<small>Secretary State Board of Control.</small></p>
-
-<p>The last Kansas Legislature made few
-changes in the laws regulating the treatment
-and government of prisoners in the
-several prisons. The State has always
-endeavored to treat its prisoners as humanely
-as possible, and but few laws
-were ever passed relative to this because
-the prisons are under a board that has
-authority to make all necessary rules for
-governing these institutions.</p>
-
-<p>The principal changes made by the
-last Legislature were in the scope of the
-several boards. The penal institutions,
-namely, the Penitentiary, Boy’s Reformatory,
-Boy’s Industrial School and Girl’s
-Industrial School were placed under the
-Board of Corrections. The Schools for
-the Deaf and Blind were placed under
-the control of the Board of Administration
-which has charge of all the State
-Schools. The Board of Control has
-charge of the charitable institutions,
-namely, asylums, State Orphans’ Home
-and has supervision over all private hospitals,
-home-finding societies and charitable
-institutions in the State.</p>
-
-<p>The two important laws passed were
-the parole law and the payment of wages
-to prisoners. The new parole law permits
-the judge to parole any person except
-in certain cases, before he or she
-has been committed to an institution.
-The law best explains itself.</p>
-
-<p>“Any person convicted of any felony,
-except murder, forcible rape, arson, or
-robbery, such convictions being for a
-first offense and imprisonment in the
-penitentiary, Kansas State Reformatory,
-or Industrial Schools for Boys and the
-Industrial School for Girls, the court before
-whom the conviction was made may
-parole such person either before or after
-sentence has been pronounced, if the
-court is satisfied that if permitted to go
-at large he would not again violate the
-law. He may be permitted to remain at
-large until such parole has terminated,
-provided that the court shall have no
-<span class="pagenum"><a name="Page_19" id="Page_19">19</a></span>
-power to parole any person after he has
-been delivered to any of these institutions.”</p>
-
-<p>This is considered one of the best laws
-passed regulating paroles.</p>
-
-<p>The bill providing for the payment of
-wages to convicts provides that the Board
-of Corrections may allow a prisoner not
-less than $.10 nor more than $.25 each
-day for work done, over and above the
-day’s task as assigned. This money is to
-be sent to the family of the prisoner,
-which is dependent upon him for their
-care and keep. If the prisoner have no
-family, the money can accumulate until
-the expiration of the prisoner’s term and
-is then given to him. He may draw at
-any time from such fund for his personal
-needs so long as he does not use it
-improperly. This law does not fulfill
-its purpose. Its weakness is that in the
-average prison, a convict is assigned
-about all the work he can do and has
-but little time for extra work, owing to
-his physical condition. A better plan
-proposed would be for the State to allow
-to the prisoner a specified sum for each
-day at work, or for the county from
-which the prisoner comes to pay the
-family a certain monthly sum, paying
-such sum as may be agreed upon by the
-county commissioners. By the old
-method, the Board allowed them $.033
-per day. For certain offenses the prisoners
-are fined and the fine is paid from
-this fund. The payment of a wage or
-the providing of some plan of caring for
-the needy families is a growing question,
-and so far Kansas has found no satisfactory
-method, but this question will
-probably be taken up by the next Legislature.</p>
-
-<p>Another law passed was that permitting
-the county commissioners, in counties
-having over 35,000 population, to
-appoint a matron for the county jails.
-This has often been done, but was never
-legally authorized until the last Legislature.</p>
-
-<p>Taking the Kansas laws as a whole,
-they seem to be adequate to meet the
-present prison conditions. The State law
-places all these institutions under the
-Board who have exclusive control in
-their management and in adopting of
-rules and regulations necessary to their
-government. The only question is the
-proper method of dealing with the
-families of the convicts. There has been
-little complaint regarding the treatment
-of the prisoners and there will be but
-few changes in the laws until some demand
-is made.</p>
-<hr />
-<h2>BOOK REVIEW</h2>
-
-<blockquote>
-
-<p><i>Manual for Probation Officers in New York
-State. State Probation Commission.</i> Albany
-1913, J. B. Lyon Co. Free.</p></blockquote>
-
-<p>The State Probation Commission should be
-sincerely congratulated upon this most valuable
-manual. Although it is technically limited to
-New York State, its usefulness will extend far
-beyond those limits. Its principal merit lies
-probably in the fact that it is a well-indexed,
-complete compilation of all the laws pertaining
-to probation in that State. The presentation
-of the material in its analyzed form is an
-invaluable addition. The laws are cited both
-in statutory and in chronological order. Separate
-chapters are devoted to the discussion of
-the provisions pertaining to the appointment
-and compensation of probation officers; of
-court procedure and practice; of the duties,
-powers and methods of such officers. Facsimiles
-of the forms of records used, are also
-taken up in a separate chapter, similarly the
-history and functions of the Commission. In
-the appendix, among other interesting material,
-there is also a statistical statement of the
-growth of the application of probation in the
-State.</p>
-
-<p>In a book so full of merit as to opportuneness,
-thoroughness and analytical qualities a
-few suggestions are perhaps even more justifiable
-than in a work of fundamental weaknesses.
-It would seem, for example, that a
-chapter presenting the most important phases
-of the work in a continuous story-like form,
-comprehensible to the ordinary layman, would
-have increased considerably the reading
-circle of the book, and made it available
-as propaganda material. In the statistical
-appendix several improvements could
-be made. In Table 1, for example, the totals
-for any year of all persons are not indicated;
-in Tables 2, and especially 3, the development
-by years is not clearly presented; in Table
-3 it would be very interesting to show the
-change in the relative percentages of “improved,”
-etc. The gaps in the tables are not
-satisfactorily explained, and in Table 6, giving
-the number of probation officers holding
-appointments, the totalling of the individual
-years is a decided statistical fallacy. Such
-faults are, however, of vanishing importance,
-compared with the immense usefulness of the
-work.</p>
-
-<p>The manual may be had by all interested
-persons on application to the State Probation
-Commission, at the Capitol, Albany. N. Y. P. K.</p>
-<hr />
-<p><span class="pagenum"><a name="Page_20" id="Page_20">20</a></span></p>
-
-<h2>EVENTS IN BRIEF</h2>
-
-<blockquote>
-
-<p>[Under this heading will appear each month numerous paragraphs of general interest, relating to the prison field
-and the treatment of the delinquent.]</p></blockquote>
-
-<p><i>The Disgraceful Jails of Iowa.</i>—Rev.
-Charles Parsons, of the Iowa Society for
-the Friendless, is on the warpath. He
-says that “the jails of Iowa have been
-condemned and relegated to the junk pile
-many times, and yet they go on doing
-business at the old stand in the same old
-way, as if they were the most scientific
-institutions possible.</p>
-
-<p>“I have spent enough time in the jails
-of our State during the past five years
-to almost entitle me to membership in
-the jail fraternity. If the jail has anything
-to be said to its credit, I have been
-unable to find it, though I have searched
-diligently for it in most of the jails within
-our borders.”</p>
-
-<p>“One step in the program for betterment
-would be to avoid imprisonment
-through inability to pay a fine, but give
-the opportunity to pay the fine upon
-installments. This plan would save the
-culprit his employment if he has any. It
-would save his family humiliation and
-disgrace and help to save his self-respect.</p>
-
-<p>“Another step in the line of progress
-would be to parole all offenders where
-the penalty is less than 30 days. If they
-fail to make a right use of the parole,
-give a work-house sentence.</p>
-
-<p>“A third step in the program for
-progress would be the establishment of
-district custodial farms with work-house
-facilities for all prisoners serving 30
-days or more. These district institutions
-must and should be under the management
-of the State.</p>
-
-<p>“Farming, gardening and diversified
-industries should be followed most suited
-to the location of the institution, but
-such industries must be used which are
-most easily acquired. That the labor of
-short term men can be profitably utilized
-in such institutions has been demonstrated
-in a number of instances.</p>
-
-<p>“The work-house of Minneapolis is a
-financial success with men whose average
-terms is only 17-1/2 days.</p>
-
-<p>“That such labor can be used outside
-of prison walls with perfect safety is
-shown by the success of the prison camp
-which has been in operation for several
-months past, at Ames, and the hay pressing
-gangs that have been working from
-Fort Madison.</p>
-
-<p>“During 1912, 3,739 inmates passed
-through the Minneapolis work-house.
-All the men worked in the open without
-walls, yet during the year there was only
-one escape.”</p>
-<hr class="short" />
-
-<p><i>Warden Scott of New Hampshire Retires.</i>—Many
-are the caustic criticisms
-directed at the Governor of New Hampshire,
-who recently removed Warden H.
-K. W. Scott of the State prison, and who
-appointed in his place a man of no equal
-prison experience. Warden Scott held
-office from 1905, and has served under
-five governors of the State, receiving his
-appointment from Governor McLane.</p>
-
-<p>The Concord Evening Monitor has
-published a large number of scathing
-criticisms from the State press on the
-action of the Governor in removing
-Warden Scott.</p>
-
-<p>Warden Scott, during his connection
-with the institution, has abolished the
-striped suit, lock step, downcast eye,
-dark cell and corporal punishment, which
-were practiced before his coming, and
-has instituted a night school. Instead of
-a candle each man now has an electric
-light in his cell, a grade system has been
-established and during the last summer
-a prison baseball league was organized,
-in order that the inmates might have
-outdoor exercise. Four teams were in
-the league and games were played Saturday
-afternoons.</p>
-
-<p>During the last session of the Legislature
-Warden Scott worked for the
-passage of an act to provide for pecuniary
-assistance of prisoners and their
-families, whereby a certain per cent. of
-their earnings is laid aside. The warden
-had submitted to the Governor and council
-a plan for the carrying out of this
-<span class="pagenum"><a name="Page_21" id="Page_21">21</a></span>
-act, which went into effect September 1,
-but as yet no action has been taken.</p>
-
-<p>Charges preferred against him by Rev.
-Claudius Byrne, a former chaplain of
-the prison, were investigated by Legislative
-committees and proved groundless.</p>
-
-<p>Warden Scott says that for the present
-he will remain in Concord, N. H.,
-as his two sons are attending school.</p>
-
-<hr class="short" />
-
-<p><i>Sterilization Law Unconstitutional in
-New Jersey.</i>—Upon the grounds that she
-was denied the equal protection of the
-laws to which, under the constitution of
-the United States, every person is entitled,
-the Supreme Court of New Jersey,
-in an opinion by Justice Garrison,
-has set aside the order of the Board of
-Examiners of feeble minded, criminals,
-Epileptics and other defectives providing
-for the operation of salpingetomy
-upon Alice Smith, an inmate of the State
-Village for Epileptics.</p>
-
-<p>In reaching this conclusion, Justice
-Garrison holds that without regard to
-the power of the State to subject its
-citizens to surgical operations that shall
-render procreation by them impossible,
-the statute creating the Sterilization Commission
-is invalid because it denied to
-the victims of the law the constitutional
-protection to which they are entitled.</p>
-
-<p>In the syllabus of the opinion Justice
-Garrison holds that the artificial regulation
-of the welfare of society by means
-of surgical operations for the prevention
-of procreation, being based upon the
-suppression of the personal liberty of
-individuals, must be accomplished, if at
-all, by a statute that does not deny to
-the persons thus injuriously affected the
-equal protection of the laws guaranteed
-by the fourteenth amendment to the constitution
-of the United States.</p>
-
-<p>Commenting on this decision, the
-Springfield Republican says editorially:</p>
-
-<p>It is constitutional to sterilize defectives
-and criminals in the State of Washington,
-but it is unconstitutional to sterilize
-them in New Jersey. The United
-States Supreme Court will have to settle
-the question finally. To the lay mind
-it would seem that, if the State has
-power to break a man’s neck by hanging,
-or to kill him by electricity, it would
-have the lesser power to subject him to
-a surgical operation, not in the least
-dangerous to life or limb, for the protection
-of society. The question of constitutionality
-aside, it is to be observed
-that sterilization involves various social
-questions whose seriousness should compel
-caution on the part of Legislatures
-in authorizing its practice in public institutions.
-It cannot be said that the problem
-has yet been completely thought out
-and all the consequences fully considered.
-A recent article in a medical journal by
-one of the foremost advocates of sterilization
-was notable for the physician’s
-frank admission that the objections to
-the operation, in their broadest significance,
-were very weighty. An operation
-that leaves the subject physically as fit
-as ever for the sex relationship, yet
-eliminates the danger of the conception
-of children, would have very deplorable
-moral and social results if it should become
-in the least common. It is a question
-that may easily involve large classes
-of people outside of prisons and asylums
-for the feeble-minded.</p>
-
-<hr class="short" />
-
-<p><i>Farm Work in Minnesota.</i>—From the
-near northwest comes the tale that
-twenty-five convicts are to be sent to the
-State lands near Walker, Minn., from
-the State penitentiary at Stillwater, to
-begin a system of intensive State farming
-and land reclamation, according to
-plans announced by the State Board of
-Control, which is compelled to find employment
-for more than two hundred
-men after January 1.</p>
-
-<p>The new laws prevent the prison from
-taking contracts, and the shoe contract
-will accordingly be dropped.</p>
-
-<p>The announcement of the new plan
-was made after the board had bought
-160 acres adjoining the prison farm at
-Stillwater. This land will be farmed.</p>
-
-<p>The board has other land adjoining
-State institutions and owns a large tract
-near the State sanatorium at Walker.
-The men prisoners will be sent there to
-clear the land and put in crops. Only
-the prisoners with best records will be
-sent to the farms. If the first detachment
-makes a success of the venture
-others will be sent out.</p>
-<hr class="short" />
-<p><span class="pagenum"><a name="Page_22" id="Page_22">22</a></span></p>
-
-<p><i>Alumni Day at a Reform School.</i>—It
-does happen! This was what occurred at
-the Lyman School for Boys, Westboro,
-Massachusetts, on November 15, 1913.</p>
-
-<p>The trustees of the School, Superintendent
-E. L. Coffeen, and Superintendent
-of the Parole Department, Walter
-A. Wheeler, sent letters to all of the
-144 boys who have become twenty-one
-years of age the past year, inviting them
-to a dinner and celebration in their honor
-at the school. About one fourth of them
-attended, and as many more sent letters
-of regret, containing remarks of warm
-appreciation. Some of the boys were
-in the Army and Navy; others had moved
-out of the State. For any one of the
-boys to attend, meant the sacrificing of
-a day’s work and the cost of carfare.</p>
-
-<p>The program included a football game
-between the present inmates and an outside
-team, a reunion of boys with old
-officers and teachers, an inspection of the
-new features of the school, which they
-had not seen in the last five or six years,
-and finally a banquet.</p>
-
-<p>The usual speeches were made by the
-trustees, superintendents and invited
-guests, but the feature was the voluntary
-address in behalf of the boys made by
-one of their number. After thanking
-those present for what the school training
-and the friendly oversight of the
-parole board had done for him, he
-pledged the old boy’s interests in doing
-whatever they could to help the younger
-brothers “make good” when released
-from the school.</p>
-
-<p>It is intended to have a Home Coming
-Celebration every year, of which this was
-the successful experiment.</p>
-
-<hr class="short" />
-
-<p><i>After Forty-Three Years.</i>—Pardoned
-after forty-three years—the best years
-of his life—in a State penitentiary! Seeing
-the new world for the first time at
-sixty-six—such is the experience of John
-Taborn, pardoned by Governor Cox, of
-Ohio! Why, it’s like coming to life
-again after half a century of death, says
-the Bay City (Mich.) Times.</p>
-
-<p>When Taborn entered the State prison
-at Columbus in 1870, Grant was
-President. The telephone was unknown;
-electric lights were not dreamed of;
-there were not electric cars; skyscrapers
-in the largest cities were four or five-story
-buildings; Edison had not conceived
-the phonograph, while flying
-machines and wireless telegraphy were
-the dreams of madmen. The United
-States navy consisted of a few iron-clad
-and many wooden ships.</p>
-
-<p>When he was pardoned, Taborn was
-taken about Columbus by Warden
-Thomas’ secretary to see that he was
-not confused by the traffic and injured.
-He gazed in awe at the electric cars; he
-got lost in the revolving door of an office
-building, the height of which astonished
-him; he enjoyed his first ride in an
-elevator; he smoked a good cigar, but
-was puzzled by the safety matches, which
-would not ignite when scratched on his
-trouser leg; he heard a phonograph and
-talked over the telephone for the first
-time in his life.</p>
-
-<p>Despite his sixty-six years, Taborn is
-active and has keen sight, reading without
-glasses. In the prison he learned
-three trades—that of machinist, shoe-maker
-and molding—and plans to begin
-his last span of life as a machinist.</p>
-
-<p>When he left the prison he had about
-$100. The prisoners took up a collection
-and gave him $30; the State turned over
-$20 and Taborn had about $50 himself.
-He was placed upon an electric car for
-a trip to Delaware, O., from which town
-he was sentenced for killing a man during
-a quarrel. Then he will go to his
-old home in Cass County, Michigan, and
-later to Hillsboro, N. C., where employment
-awaits him.</p>
-
-<hr class="short" />
-
-<p><i>Social Surveys of Delinquency and
-Vice.</i>—The Russell Sage Foundation
-Library publishes the following useful
-summary:</p>
-
-<blockquote>
-
-<p><i>Chicago.</i> Vice commission. Social evil in
-Chicago; a study of existing conditions, with
-recommendations. 399 p. Chicago, the Commission,
-1911. (50 cents)</p>
-
-<p>This report may be obtained through the
-American vigilance association, 156 Fifth Ave.,
-N. Y.</p>
-
-<p><i>Cincinnati</i> (Ohio). Bureau of municipal
-research. (The) Juvenile court of Hamilton
-county. Cincinnati, O. The Bureau, 1912.
-(2 cents).</p>
-
-<p><i>Elmira</i> (N. Y ). Women’s league for good
-government. Vice conditions in Elmira. 76
-p. Elmira. The League, 1913.</p>
-
-<p><i>Hartford</i> (Conn.) Vice commission. Report,
-<span class="pagenum"><a name="Page_23" id="Page_23">23</a></span>
-July, 1913. 90 p. Hartford, Conn.
-Woman suffrage association, 1913. (25 cents)</p>
-
-<p><i>Kneeland</i>, G. J. Commercialized prostitution
-in New York City. 334 p. N. Y. Century
-Co., 1913. ($1.30 net)</p>
-
-<p><i>Minneapolis.</i> Vice commission. Report.
-134 p. Minneapolis, Byron and Hillard, 1911.
-(40 cents)</p>
-
-<p><i>New York</i> (City). Committee of fourteen
-for the suppression of the Raines law hotels.
-Social evil in New York City; a study of law
-enforcement by the Research committee. 268
-p. N. Y. Kellogg, 1910. (Out of print)</p>
-
-<p><i>Philadelphia.</i> Vice commission. Report.
-Philadelphia, The Commission. (40 cents)</p>
-
-<p>This report may be obtained through the
-American vigilance association, 156 Fifth Ave.,
-N. Y.</p>
-
-<p><i>Portland</i> (Oregon). Vice commission. Report,
-January, 1912. 216 p. Portland, The
-Commission, 1912. (Out of print)</p>
-
-<p><i>Potter</i>, Z. I. Delinquency, in Russell Sage
-Foundation, Department of surveys and exhibits.
-(The) Newburgh survey, 1913. Also
-in Russell Sage Foundation. Department of
-surveys and exhibits. (The) Topeka improvement
-survey, 1914. (in preparation)</p>
-
-<p><i>Seligman</i>, E. R. A., ed. Social evil, with
-special references to conditions existing in the
-City of New York: a report prepared in 1902
-under the direction of the Committee of fifteen.
-303 p. N. Y. Putnam, 1912, c 1902-12.
-($1.75 net)</p>
-
-<p><i>Syracuse</i> (N. Y.). Moral survey committee.
-Report on the social evil. Syracuse, N. Y.
-Moral survey committee, 1913. (40 cents)</p></blockquote>
-
-<hr class="short" />
-
-<p><i>The State Use Problem in New Jersey.</i>—The
-Newark News has a plain and
-clear statement of the difficulty. New
-Jersey is finding in going over from the
-contract system to the State use plan.</p>
-
-<p>The State Economy and Efficiency
-Commission is to-day investigating State
-prison conditions. The problems before
-it should concern every tax-payer, not to
-mention those who are interested in the
-great problem of prison reform. The
-need for their investigation was indicated
-yesterday by the report of the
-prison inspectors.</p>
-
-<p>The prison of this State is operated
-under the law of 1814 as it has been
-amended from time to time. Its operation
-is based upon an obsolete idea of
-prisons and their purpose: the idea that
-prisons are places of confinement under
-the control of a keeper whose business
-is, as his title implies, to <i>keep</i> the
-prisoners.</p>
-
-<p>To secure revenue for the State, and
-incidentally, to preserve the mental and
-bodily health of the prisoners, provision
-was made for hiring out their labor and
-for this purpose a supervisor was appointed.
-The State wards then fell
-under the jurisdiction of the keeper and
-supervisor, whose duties were regulated
-by statutes requiring interpretation by
-the courts.</p>
-
-<p>Then a Board of Inspectors was appointed
-to see to it that the keeper kept
-the prisoners and that the supervisor
-kept the contracts for their labor; but
-the board has neither authority nor responsibility.
-Finally, a Labor Commission
-was appointed to devise a scheme
-for carrying out the State-use system of
-keeping the prisoners busy; an undertaking
-that it has proved unable, so far,
-to carry out.</p>
-
-<p>Two years ago the Legislature decided
-to put an end to the exploitation of prison
-labor as fast as the existing contracts
-expired. The contracts bring the State
-a revenue of practically $100,000 a year,
-two-fifths of the cost of running the
-prison. By abolishing the contracts, the
-State forfeits this revenue without decreasing
-the expense of the prison.</p>
-
-<p>Employment for the prisoners must
-be found, and the State is committed to
-the principle of employing them for
-State use, and, at the same time, of providing
-healthful employment under the
-honor system in the hope that it will
-prove reformatory as well as physically
-and mentally beneficial.</p>
-
-<p>Immediately two difficulties arise. One
-is due to the fact that the State law
-divides without clearly defining authority
-and responsibility. The attorney-general
-has decided that the keeper is responsible
-for keeping the prisoners, and the keeper
-demands that whether they are kept in
-the Trenton prison, at the State road
-camps or farm, they shall be attended by
-a greater number of guards than the
-inspectors think either necessary or for
-their moral good. There is here a question
-of expense, of the extension of outside
-work, of the moral effect of modern
-prison methods.</p>
-
-<p>The inspectors are hampered, also, in
-the expansion of the State farm and road
-making experiments by the supervisor,
-who is responsible for keeping the contracts
-<span class="pagenum"><a name="Page_24" id="Page_24">24</a></span>
-for prison labor; for the supervisor
-may requisition as many of the
-prisoners as he wishes for contract proviso
-of the law, of course; and the keeper
-must deliver them.</p>
-
-<p>The second difficulty is that existing
-plans for their work offer employment
-for only a small percentage of the prisoners.
-At the expiration of the contracts—very
-soon—the great majority will
-be forced into idleness unless the contracts
-are temporarily extended. To
-meet this situation, the inspectors confess
-they have already broken the law
-in order to keep the prisoners at work.</p>
-
-<p>No plan has been devised, no equipment
-has been installed, for furnishing
-labor to this great majority of prisoners.
-For this there are several reasons, none
-greater, perhaps, than the fact that the
-Trenton prison is not fitted for this employment
-unless the congestion there can
-be relieved very materially. It might be
-necessary to make provision elsewhere
-for two-thirds of those now confined
-there.</p>
-
-<p>The Legislature has failed to make
-appropriations for installing a plant
-where the prisoners can make articles
-used by the State because no definite
-plan has been presented to it upon which
-agreement could be reached. The working
-out of the transformation of prison
-methods contemplated by the law of 1911
-must be evolutionary. It will take time,
-and, meanwhile, contracts, it would seem,
-must be temporarily extended, regrettable
-as it is. What is needed, first and
-foremost, however, is a clear definition
-and concentration of authority and responsibility.</p>
-
-<hr class="short" />
-
-<p><i>The First Woman Commissioner of
-Correction. New York City.</i>—Miss
-Katherine B. Davis, formerly superintendent
-of the New York State Reformatory
-for Women at Bedford, took office
-on January 1, 1913, in New York City
-as Corrections Commissioner. She has
-thus been appointed by Mayor Mitchell
-as the director of the Tombs, the penitentiary,
-workhouse, three branch workhouses,
-the Brooklyn city prison, the
-Queen’s County jail, and a number of
-district prisons—enough of a task even
-for Miss Davis’s recognized ability. She
-also has the construction to attend to
-of the city reformatory for misdemeanants.
-She has associated with her
-as deputy commissioner, Burdette G.
-Lewis, a “social worker at City Hall.”
-Heartiest congratulations are being extended
-to the new heads of the Department
-of Correction. The readers of the
-“Delinquent” know Miss Davis well already.</p>
-
-<p>“Was it as big as my fist?” asked the
-judge, concerning a stone which was
-responsible for a broken window.</p>
-
-<p>“It ban bigger,” replied the Swedish
-witness.</p>
-
-<p>“Was it as large as my two fists?”</p>
-
-<p>“It ban bigger.”</p>
-
-<p>“Was it as big as my head?”</p>
-
-<p>“It ban about as long,” said the imperturbable
-Swede, “but not so thick.”</p>
-
-<hr class="full" />
-<p class="center">STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC. of THE DELINQUENT.<br />
-Published monthly at New York, N. Y., required by the Act of August 24th, 1912.</p>
-
-<table summary="Statement of the ownership" border="0"><tr>
-<td class="tdc">NAME OF</td><td class="tdc" colspan="6">POST OFFICE ADDRESS</td>
-</tr><tr>
-<td class="tdl">Editor, O. F. Lewis,</td><td class="tdc">135</td><td class="tdc">East</td><td class="tdc">15th St.,</td><td class="tdc">New</td><td class="tdc">York</td><td class="tdc">City.</td>
-</tr><tr>
-<td class="tdl">Managing Editor, O. F. Lewis,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Business Manager, O. F. Lewis,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Publisher,&nbsp;The&nbsp;National&nbsp;Prisoners’&nbsp;Aid&nbsp;Association,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Owners,<span class="h">The</span>”<span class="h">Natio</span>”<span class="h">nal priso</span>”<span class="h">ners ai</span>”<span class="h">Assoc</span>”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr></table>
-<blockquote>
-<p>There are no bondholders, mortgagees, or other security holders.</p>
-
-<p class="right"><span class="smcap">O. F. Lewis</span>, Editor and Business Manager.</p>
-
-<p>Sworn to and subscribed before me this 30th day of September, 1913.</p>
-
-<p class="right"><span class="smcap">Charles D. Immen, Jr.</span>, Notary Public No. 2. New York County.</p>
-
-<p class="right">My Commission expires March 31, 1914.</p></blockquote>
-
-<div>*** END OF THE PROJECT GUTENBERG EBOOK 54486 ***</div>
-</body>
-</html>
-
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-The Project Gutenberg EBook of The Delinquent (Vol. IV, No. I), January,
-1914, by Various
-
-This eBook is for the use of anyone anywhere in the United States and most
-other parts of the world at no cost and with almost no restrictions
-whatsoever.  You may copy it, give it away or re-use it under the terms of
-the Project Gutenberg License included with this eBook or online at
-www.gutenberg.org.  If you are not located in the United States, you'll have
-to check the laws of the country where you are located before using this ebook.
-
-
-
-Title: The Delinquent (Vol. IV, No. I), January, 1914
-
-Author: Various
-
-Release Date: April 4, 2017 [EBook #54486]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK THE DELINQUENT (VOL. IV, NO. ***
-
-
-
-
-Produced by Larry B. Harrison, Turgut Dincer and the Online
-Distributed Proofreading Team at http://www.pgdp.net (This
-book was produced from images made available by the
-HathiTrust Digital Library.)
-
-
-
-
-
-
-
-  VOLUME IV, No. 1.       JANUARY, 1914
-
-
-
-
-  THE DELINQUENT
-
-
-  (FORMERLY THE REVIEW)
-
-  A MONTHLY PERIODICAL, PUBLISHED BY THE
-  NATIONAL PRISONERS’ AID ASSOCIATION
-
-  AT 135 EAST 15th STREET, NEW YORK CITY.
-
-  THIS COPY TEN CENTS.             ONE DOLLAR A YEAR
-
-  T. F. Garver, President.
-  Wm. M. R. French, Vice President.
-  O. F. Lewis, Secretary, Treasurer and Editor The Delinquent.
-  Edward Fielding, Chairman Ex. Committee.
-  F. Emory Lyon, Member Ex. Committee.
-  W. G. McLaren, Member Ex. Committee.
-  A. H. Votaw, Member Ex. Committee.
-  E. A. Fredenhagen, Member Ex. Committee.
-  Joseph P. Byers, Member Ex. Committee.
-  R. B. McCord, Member Ex. Committee.
-
-
-
-
-WHY DELAWARE USE THE WHIPPING POST[A]
-
-BY CHARLES R. MILLER, GOVERNOR OF DELAWARE
-
-  [Delaware has received in recent months national
-  attention because a member of Congress asked in Congress
-  whether the use of the whipping post in Delaware cannot
-  be declared contrary to the provisions of the national
-  constitution. To flog prisoners seems to most people a
-  relic of barbarism. Is it justified? Do you agree with
-  the Governor of Delaware?]
-
-
-Delaware has whipped criminals of certain types since 1656, and
-will continue to whip them until the statutes under which corporal
-punishment is indicted shall be repealed.
-
-Congress cannot, and certainly will not, interfere in the exercise
-of proper authority under the law, and as the whipping post is an
-integral part of the criminal law of Delaware every law officer must
-consent to its use regardless of any personal views he may have in the
-matter. Hysterical women, weak men, bullies, cranks and blackguards
-in all parts of the country have written to me demanding that I set
-aside the law and prohibit whippings for crime in Delaware. These good
-souls give no heed to the fact that the whippings are quite as legal in
-Delaware as imprisonment. Their demands amount to anarchy, so far as
-law enforcement goes. They cry, “Down with the law!” without knowing
-whereof they speak.
-
-I want every criminal, every sharper and every moral leper to know that
-if he comes to Delaware and violates the law he will not only serve
-a long term in our none too comfortable jails, but that he will be
-whipped in public on his bare back before he enters his cell. I wish
-this fact could be spread to the uttermost corners of the country.
-
-Delaware wants no undesirable citizen. This State offers nothing but
-the whip and the workhouse for the gunmen, white slavers, panders,
-highwaymen and common thieves which people the underworld of some of
-our larger cities and who seem to get a certain amount of applause for
-their more daring performances from the same type of people who demand
-that I shall set aside a fundamental law of my State and defy the
-decrees of our High Court.
-
-[A] From several newspapers.
-
-Delaware houses one-half of her population in the city of Wilmington.
-All the rest of the State is strictly rural. Our people are of the
-soil. They are typical farmers—plain, wholesome, God-fearing people
-who obey the law and who punish crime with severity. We have neither
-the means nor the machinery with which to patrol our rural districts
-with armed officers. It follows, then, that we must have laws carrying
-severe penalties and rigidly enforce them.
-
-Half the people in Delaware south of Wilmington never lock their doors
-at night, window fasteners are uncommon, and thought of burglars is
-totally absent from the minds of our people. Once in a long while some
-half-drunken loon will enter a house at night. When he is not kicked
-out as a mere intruder he is locked up, tried, convicted and whipped
-according to law, and then locked up long enough to think it over
-himself and to deter all others from a like offense.
-
-Those who criticise the whipping post adversely overlook the fact that
-Delaware is the broad highway between four chief American cities.
-
-Our unthinking critics include those who do not know that time or
-the loss of time means nothing at all to a very large proportion of
-our population. A day, or a week, or a month, more or less, costs a
-low-grade negro nothing at all in opportunity or in money. The native
-negroes of Delaware know their place and make no trouble. They are far
-above the average in habits and in intelligence, but we have a floating
-negro population which is definitely bad, and we must safeguard our
-people, white and black, against those who come from all parts of the
-Shore country to the canneries, work a few weeks or months and then
-pass on, only to give place to another lot just as bad, or even worse.
-
-The negro with city habits is a worse proposition than the farm trained
-hand, who is usually law-abiding and useful. Delaware can handle her
-own negroes with little or no force, but the passing throng of bad
-men needs attention, and they file by with eyes front on the whipping
-posts. Cells mean nothing at all to such men, white or black.
-
-Delaware is absolutely free from all forms of white slavery. This
-particular form of crime is punished here without recourse to the
-Mann Act or aid from the Federal authorities. Did the whipping post do
-naught else but keep cadets out of Delaware it proves its eternal value
-here. In every other State in the Union in which there is a large city
-the white slave problem comes up with a degree of regularity. The same
-people who condemn the whipping post wring their hands and wonder what
-to do about the cadets and their wretched victims. Delaware answers,
-“Whip the cadet!”
-
-Years ago a gang of desperadoes undertook to rob a Wilmington bank.
-They tunneled under the building, and would have carried off $500,000
-in negotiable securities but for the suspicions of an alert watchman.
-They were arrested, and on trial paid one attorney a very large fee
-solely to the end that they might be saved from the public whipping.
-The late great Chief Justice Lore sentenced them to long terms in
-prison and to the utmost limit of the law as to pillory and lashes.
-
-There has never been a bank robbery attempted in Delaware from that day
-to this by professional burglars. These men were bank robbers of the
-first grade; the same men who managed one of the sensational robberies
-in New York—the Metropolitan Bank, I think. That type of criminal never
-considers Delaware now for a second.
-
-A prison term means nothing at all to him, but he would never dare show
-his face in his usual haunts after the lash fell on his bare back in a
-Delaware jail.
-
-All prison reformers and all humanitarians agree that the object of
-all punishment is to prevent crime—remotely to cure the criminal.
-We are not discussing the cure of criminals. We are discussing the
-whipping post per se, and I submit that the whipping post has prevented
-two of the most terrible of all crimes short of murder—white slavery
-and burglary. There is a grave doubt in my mind if there has been a
-single burglary in Delaware within twenty years committed by a man who
-was entirely sane and wholly sober, and I do not recall any second
-offenders.
-
-It will not be seriously questioned that society has a right to protect
-itself. If the whipping post proves to be a perpetual and potential
-protector against the burglar, the highwayman and the cadet, why cry
-down its effectiveness? New York had an epidemic of gunmen; Chicago had
-an epidemic of highwaymen; Boston and Philadelphia made war on cadets.
-Delaware simply painted her whipping posts and multiplied school houses.
-
-Within recent weeks, in Philadelphia, Judge Norris S. Barratt declared
-from the bench that nothing except a thoroughly good whipping at a
-public post would serve to adequately punish a wife beater before him.
-This learned jurist is intimately familiar with social and political
-conditions in Delaware and, before the Sons of Delaware, most ably
-defended the whipping post as an aid to crime prevention.
-
-Solitary confinement has been proved a failure. It rots out the
-prisoner, destroys all ambition, and when his hour of freedom comes
-he is without initiative, without occupation and without hope. Trades
-are now taught these men, but day after day they are “lined up” as
-professionals, and their lives become a misery to them.
-
-Now I repeat that the basic idea of punishment has to do with the
-protection of society against the criminal. It would be a little beyond
-me to explain the psychological effect of a public whipping upon the
-mind of a professional criminal, but of course I had ideas. The fact
-remains, however, that the mere prospect of such a whipping keeps men
-out of Delaware who would not hesitate a second to “shoot up” a dance
-hall in New York or Chicago.
-
-It is a fact of common knowledge that ship masters of undoubted
-courage, of tested and proved valor, are as timid as little children
-when ashore; that firemen who never give a thought to personal peril
-at a conflagration, bawl and make an awful to-do about having a tooth
-filled. Frank Gotch, the wrestler, who could tear an ordinary man apart
-with his hands, bows with absolute submission, I am told, to the will
-of Mrs. Gotch.
-
-Doubtless the men of science, the psychologists, have a definite name
-for this phenomenon of the mind. I do not know this word, but I do
-know that burglars and highwaymen who would brave the police force of
-Philadelphia or any other large city will not even consider a “job” in
-Delaware and that these men when asked why, invariably reply that they
-will take no chance of the whipping post. It may be a display of vanity
-more than fear. I do not quite know.
-
-I have no quarrel with those who want to reform prisons, but I am a
-most earnest advocate of any and every method that prevents crime, and
-this the whipping post does to a marked degree.
-
-The sense of shame that follows a public whipping is quite a different
-matter from the innermost feelings of the same man flogged in privacy.
-In the underworld, where there exist strata of preferment just as there
-are social equations in organized society, a man who has done “a bit”
-of long duration lives in a degree of reflected glory. A yeggman who
-has served ten or twelve years in Cherry Hill, Sing Sing, Joliet or any
-one of the other notorious prisons has a certain standing among his
-fellows in crime. But it is a curious yet certain fact that the man
-who is whipped in public loses caste at once and forever. It seems to
-be that in having been sentenced to be whipped, the scene in the court
-room, the display in the jailyard and the final flogging—all produce a
-profound and a lasting mental shock.
-
-This is not true when a mere warder calls a man out of his cell, beats
-him and then throws him in a dark hole. This performance is followed by
-mere resentment. The victim of this system, and the prisoner is very
-often a victim, merely promises himself to kill the warder if he ever
-has a chance, or some like foolish threat. Not so when a High Court, a
-Chief Justice, amid scenes of dignity and decorum, orders the whipping.
-It is the effect upon the mind of the man whipped and the result of the
-whipping upon the minds of other criminals that count. It is purely
-psychic but it is none the less effective.
-
-None of the men whipped in Delaware is punished to the point that very
-great physical torture follows. Such a lashing would create a martyr
-of a criminal, and this must be avoided.
-
-Criminals of the type that hold up trains, raid banks and rob
-Government buildings are jealous of their reputations in the
-underworld. Once whipped they become objects of derision and contempt
-in their own circles. Some of these men are inordinately vain. It is
-quite likely that this vanity, affectation or love of even doubtful
-glory deters them from invading Delaware and daring the post.
-
-Notice how the arrest of a notorious yeggman is always followed by
-accurate reports of his record. Study these records and you will seldom
-see that the prisoner was whipped in Delaware. It is idle to assume
-that these men are afraid to come to Delaware because we have police,
-a militia and all the other agencies for the enforcement of law. These
-are common to all communities. They are not in any degree afraid of
-the physical punishment involved in a Delaware whipping. Many of them
-in friendly boxing bouts are more thoroughly beaten up every few days
-while exercising. It is the preliminaries, the mental picture of the
-trial, the solemnity of the sentence, the ignominy of the performance,
-and, last of all, the contempt, ridicule and humiliation at the hands
-of their consorts, male and female, that produce the result first on
-the individual whipped, and ultimately upon all of his kind.
-
-If there was nothing to it but a mere flogging by a prison warder
-of doubtful authority; simply one man in brief authority beating up
-another man but temporarily in his keeping, there would be, could be,
-no such result, and the whipping of criminals would probably degenerate
-into revolting performances with attending scandals. The Delaware
-system precludes any such possibility.
-
-The women of the nation lead in all humanitarian work as they should.
-In every large city in the United States, except Wilmington, Delaware,
-some brute is sent to jail every day or so for wife beating. Chicago
-has had to establish a Court of Domestic Relations for the almost
-exclusive benefit of women who have been whipped by beasts who swore to
-love and honor them. Delaware will never need any such court so long as
-the whipping post is so near the court house and in such great favor
-with our judiciary. There is no Judge sitting in Delaware who does not
-strongly favor the last for wife beaters.
-
-Some of our good friends who call themselves penologists,
-philanthropists, humanitarians and prison reformers overlook one all
-important matter in their crusades. This essential is the prevention of
-crime. Without discussion I will agree to everything that any of them
-propose for the health and education and reformation of a criminal, but
-I still insist that he is best off when he is kept from crime.
-
-The people of Delaware are not barbarians. In education, in culture, in
-true charity and in man’s love for man the people of Delaware rank with
-the best in the land and in patriotism second to none. It is absurd to
-attempt the indictment of a people of a sovereign State. Delaware has a
-proud place in the history of the country and is prepared to meet every
-proper issue as it arises and Congressmen from the wilds of Montana
-will do well to study the practical results following legislation in
-Delaware before asking for Federal interference in a purely State
-matter.
-
-Let every professional criminal in all the world know that Delaware is
-no field for his operation; that crime here means public whippings on
-the bare back, the ultimate of public disgrace, absolute enforcement of
-the law and Delaware will be well served. Other States may toy with the
-criminal; experiment with crime and multiply the police, but Delaware
-will continue to prevent crime and thus save the criminal from himself
-and protect the public from the criminal.
-
-There is no considerable sentiment against the whipping post in
-Delaware.
-
-
-
-
-TROUBLES OF THE TEXAS PRISON SYSTEM
-
-BY TOM FINTY, JR.
-
-  [This is the second and concluding article by Mr. Finty.
-  The first article appeared in the December, 1913,
-  Delinquent. Mr. Finty’s two articles are an especially
-  interesting statement.]
-
-
-In the foregoing I have attempted to outline the situation of the Texas
-prison system, to show how a burden of loss and debt has followed
-marked financial prosperity, and to indicate why the public is puzzled
-over the situation. I shall now endeavor to outline the causes of this
-condition, my statement being based not merely upon the conclusions
-of the investigating committee of 1913, but also largely upon the
-testimony taken by the committee, which testimony I heard and reported.
-This statement necessarily will include something of a review of
-provisions of the prison reform act of 1910, of criticisms of the same,
-and of the revisions which the Legislature recently tried to make.
-
-When the prison reform act of 1910 took effect on January 20, 1911, and
-Governor Colquitt appointed his prison commissioners, the system was
-clear of debt except as to a small sum in current bills for supplies
-just received and on hand. There was also outstanding $100,000 of bonds
-secured by a direct lien on the Texas State Railroad. These bonds are
-still outstanding, and they are not taken into account in any of the
-statements hereinafter made.
-
-The prison population when the new law took effect was 3,578. Of
-this number 1,046 were hired out; 831 were working on share farms (a
-modification of the hiring-out system), and 1,701 were employed upon
-State account, 586 of these within or near the walls, and 1,115 upon
-the State farms.
-
-The acreage cultivated on the State farms was 18,097; on share farms
-25,363, and on contract farms 18,680; total 62,140.
-
-The prison population on September 30, 1913, was 3,926, all of which
-force is employed on State account, 733 of the prisoners being in or
-near Rusk and Huntsville prisons and 2,965 on State plantations. These
-plantations now include certain rented lands, adjoining the lands
-owned by the State. The prison population is classified as follows:
-White 1,244, blacks 1,919, mulattoes 335, Mexicans 405 and Indians 3.
-The number includes 92 females, 7 of them white, and 85 black.
-
-The acreage cultivated by the 2,965 prisoners on State farms in 1913
-was 36,993, as compared with 62,140 acres cultivated by 2,807 persons
-at the time the new law took effect.
-
-The reports of the prison commissioners and of chartered accountants
-show that in the two years next following the date the act of 1910 took
-effect the prison system’s losses from operation were $722,773.41; that
-debts aggregating $1,528,458.04 accrued, and that $310,000 appropriated
-from the public treasury had been expended.
-
-Marked difference of opinion as to the cause of this fiscal situation
-exists. Obviously, the debt is due in part to the operating losses, and
-both the debt and the losses were in part caused by lack of operating
-capital.
-
-A part of the debt represents outlay for improvements and equipment
-necessary to provide housing and employment for the convicts withdrawn
-from the hiring-out system. A part of it, as already suggested,
-represents lack of operating capital.
-
-When a large proportion of the convict population was hired out, the
-men who hired the convicts furnished the land, mules, implements and
-houses. When the State withdrew the convicts from hire, it had to
-provide all of these things.
-
-When the convicts were hired out, their wages were paid to the State
-monthly, regardless of the profits or losses of the contractors. This
-income furnished an operating capital for the prison system as a whole.
-It was a substantial income: the State received $31 a month for each
-first-class convict, making a large profit after it had paid for food
-and clothing and for guarding. When the convicts were withdrawn from
-hire, this steady and dependable income stopped. Expenditures continued
-steadily throughout the year; the bulk of the receipts came at the end
-of the crop year, and, of course, the income was as uncertain as is the
-weather and the crops.
-
-Thus, much of the indebtedness is explained. However, the wisdom of
-the commissioners in abolishing the contract system almost three years
-before they were required by law to do so has been questioned. It has
-been asserted that if they had permitted the contracts to continue
-during the three years, receiving the income therefrom, they would have
-been prepared to enter upon a complete State account system with much
-better chance for it to succeed. It should be noted, however, for what
-it may be worth, that some of the contractors said they did not want
-to keep the convicts under the conditions as to hours of labor, etc.
-imposed by the act of 1910.
-
-In considering losses from operation of the prison system, it is
-readily seen that expenses were increased by requirements of the new
-law. The investigating committee says that $379,791.73 was thus added
-to the expense account during the first two years. These requirements
-were:
-
-  1. That 10 cents a day should be paid to each convict who
-  had earned a diminution of sentence by good behavior.
-  The commissioners advocated a repeal or modification of
-  this provision. It is almost generally admitted that the
-  provision in its present form is not only too sweeping,
-  but also that it fails of its purpose. It has had little,
-  if any, effect in the way of encouraging good conduct.
-  Evidently, however, this negative result is due not so
-  much to the fact that the per diem was paid as it is
-  to the fact that the per diem has not been paid. After
-  the system became involved in debt, and the $310,000
-  appropriation above mentioned was exhausted, no further
-  payment of per diem was made, except as convicts were
-  discharged.
-
-  2. That convicts should be paid for overtime. The
-  comment upon the per diem item applies to this all the
-  way through. Most of the overtime has gone to cooks,
-  waiters and flunkers. Suspension of per diem and overtime
-  payments has caused much dissatisfaction among the
-  convicts.
-
-  3. That certain new offices should be created, teachers
-  be provided, and that the salaries of guards should be
-  increased.
-
-
-  4. That better provision should be made for female
-  convicts.
-
-  5. That all new convicts should be brought to Huntsville
-  prison before being assigned to other parts of the
-  system. The commissioners recommended the repeal of this
-  provision, because, they said, medical examination could
-  be made at the farms as well as at Huntsville. They never
-  seemed to understand the purposes of the requirement,
-  which was, briefly, to assign the convicts to proper
-  industries, to prevent sending to outside work men who
-  were likely to attempt escape or to foment mutiny, and
-  to secure to all prisoners some training in prison
-  discipline. This purpose being misunderstood, prisoners
-  are sent to the farms on the next train leaving after
-  their arrival at Huntsville prison.
-
-  6. That discharged convicts should be furnished a
-  railroad ticket to any point in the State, instead, as
-  formerly, to the place where convicted. The commissioners
-  recommended the repeal of this provision.
-
-  7. That the State should bear the expense of sending the
-  corpses of convicts to their kinspeople upon request.
-  Repeal of this also was recommended.
-
-There were two other matters upon which the commissioners were not
-in agreement. The first was the requirement of the law that convicts
-should not be worked more than ten hours a day, this limit to include
-the time spent going to and from work. The second was the abolition of
-whipping. This latter was not required by the law, but was enforced by
-executive order.
-
-Commissioners Tittle and Brahan attributed the losses from operation
-largely to the fact that the convict population upon the whole was
-not performing a reasonable amount of labor, as was indicated by the
-falling off in acreage cultivated. This condition they ascribed largely
-to the statutory limitation upon the hours of labor, and, further, to
-the fact that the most effective means of punishment (whipping) had
-been interdicted by executive order. The farm managers and sergeants,
-and, in fact, very nearly every officer of the system, supported them
-in these views.
-
-Chairman Cabell denied the truth of their deductions as to the
-abolition of whipping, and he asserted that in his opinion these other
-officers exaggerated the influence of the limitation upon the hours of
-labor.
-
-Certain of the new officers of the system who testified before the
-investigating committee said that most of the officers and guards,
-having been trained under the old order, were not in sympathy with the
-new law nor with its purposes. This suggestion was reinforced by the
-testimony of such officers, as is indicated in the foregoing.
-
-The circumstances attending the abolition of whipping ought also to
-be considered. The prison act of 1910 did not prohibit whipping. It
-limited it and provided safeguards against abuses. Many of the officers
-of the system were not in sympathy with such limitations. In the
-early summer of 1912, Chairman Cabell moved that the use of the “bat”
-should be discontinued and prohibited. His motion was defeated by the
-votes of Commissioners Tittle and Brahan. Thereupon, Governor Colquitt
-ordered the commission to adopt Chairman Cabell’s motion. It did so,
-unanimously.
-
-It was generally known throughout the system that practically every
-officer thereof believed it impossible to control convicts or to make
-them work unless the threat of whipping hung over them. Yet the first
-news of the change in punishment methods went out through the press
-during a political campaign. In many parts of the prison system, so the
-investigation disclosed, the convicts got their first information of
-the change from new prisoners. The effect was bad. Convicts reasoned
-that the authority of officers directly in charge was negligible; that
-these officers had said they could not control convicts or make them
-work without the “bat,” and, therefore, since the bat has been taken
-away, they could safely decline to work.
-
-The reluctance of these prison officers to shape their course to the
-new requirements, I believe, was based upon sincere conviction. The
-influence of their attitude upon results can only be conjectured. In
-this connection it ought to be stated that these officers asserted
-that whipping was less inhuman than the substitutes provided. These
-substitutes were chaining-up and dark-celling. The former consists of
-fettering the convict’s wrists at the end of chains suspended from
-above at such height as to cause him to stand erect, but flat-footed,
-with his arms extended as high as they will go. There have been some
-complaints that convicts have been chained so high as to require them
-to stand tip-toe. The possibilities in the use of the dark-cell were
-illustrated in the Harlem farm tragedy.
-
-A part of the prison system’s losses from operation were admittedly due
-to the following named causes:
-
-  1. Heavy damage to cane crop of 1911 by freeze.
-
-  2. Damage to cane and other crops in 1912 by drouth.
-
-  3. Burning of certain shops in Rusk and Huntsville
-  prisons, the losses aggregating $286,931. Neither the
-  indebtedness nor operating account were affected to the
-  full amount of this loss, for only about $60,00 was
-  expended in replacements. But both indebtedness and
-  operating loss were further swelled, to an unmeasured
-  extent, by reason of the interruption and disorganization
-  of industries; for a time there was no work for many of
-  the convicts to do.
-
-There was also evidence in the investigation to show that the plan
-of organization was imperfect. For one thing, the commissioners were
-serving under the statute, with their terms limited to two years, and
-they were therefore subject to removal in the event of change in the
-office of governor. Also, under this law, they were serving in the dual
-capacity of directors and executive officials. The system, therefore,
-had three heads of co-equal authority. Much of the testimony indicated
-that this system did not work well. The men who wrote the prison bill
-in 1910 did not originally intend to provide such a system, but at the
-last moment they changed their bill in response to an eloquent plea in
-behalf of the “commission form of government.”
-
-When the present Legislature met in special session in July, 1913,
-prohibition was still an active issue. Moreover, there were rumors
-that Governor Colquitt and former Governor Campbell would contest
-for a seat in the United States Senate in 1916, or earlier should an
-opportunity arise. Notwithstanding these difficulties or diversions,
-the Legislature, upon the whole, seemed sincerely desirous of providing
-a solution of the prison system problem. There was, however, no
-leadership upon the subject which any considerable number of the
-members seemed willing to follow. Indeed, the leaders were not in
-agreement. Most of the members confessed their ignorance of the
-subject, but in this situation many of them offered remedies of their
-own devising. Pride of authority flourished. It had become quite the
-style to advocate “humanitarianism;” accordingly many impracticable
-propositions were advanced. Most of these were rejected; some found
-their way into the bill finally passed.
-
-This bill provided that the members of the prison commission should
-hold office for six years, their terms lapping; that they should be
-paid $1,200 a year each, and should not be required to give all of
-their time to the service. In other words they were to act as a board
-of directors. They were authorized to appoint a general manager, and
-were not limited to the State to find one. This general manager was
-to receive not more than $6,000 a year, and to have full authority to
-employ and remove all other officers and employees of the system. The
-bill also modified most of the provisions of the act of 1910 which had
-been criticized; the limitation upon the hours of labor was slightly
-modified, and the per diem requirement was repealed. The provision
-of the law authorizing whipping within limitations and with certain
-safeguards was permitted to stand.
-
-These features were in line with the recommendations of Governor
-Colquitt, but he vetoed the bill because of other provisions. One of
-the objectionable features, this in lieu of the per diem requirement,
-was an elaborate scheme for profit-sharing as between the State and the
-prisoners. Many members of the Legislature and many citizens as well,
-thought it ludicrous to embark upon a system of profit-sharing at a
-time when there were no profits to be shared, and to bind the State
-to stand all losses while sharing the profits of prosperous years. My
-personal opinion is that the scheme, in the circumstances and in its
-detail, was chimerical.
-
-Subsequent to the adjournment of the special session, as I have
-heretofore stated, a new prison commission was appointed, this time
-for six years’ terms under the constitution. W. O. Murray, a successful
-merchant of Floresville, is the chairman. He served fourteen years in
-both branches of the Legislature, devoting himself, as chairman of
-the Committee on Appropriations, to the fiscal affairs of the State,
-and he resigned from the Senate to become the chief officer of the
-prison system. The second new member is C. J. Bass of Terrell, also a
-successful merchant. The third new member appointed is W. O. Stamps,
-a well-to-do farmer and saw mill man of Upshur county. Mr. Stamps
-served two terms in the Texas Legislature and was a member of the
-special committee which investigated the prison system in 1909. He is
-not exercising the functions of the office to which he was appointed,
-for the reason that Commissioner Tittle claims title to the place, and
-has been sustained in this contention by a district judge. The prison
-organization therefore will remain incomplete until the court of last
-resort has passed upon the case.
-
-The new board is assisted by an appropriation of $1,350,860.27 to
-pay debts, half of it not to become available until September 1,
-1914. It will not clear up all of the indebtedness. The total amount
-appropriated to the prison system since the act of 1910 became
-effective is $2,210,860.27.
-
-The indebtedness has increased since January 1, 1913, if payments made
-out of appropriations from the State treasury are not considered, but
-a fair statement of present indebtedness or of losses from operation
-in 1913 cannot be made until the farm products of 1913 have been sold.
-Cane is harvested during the early winter.
-
-It is known, however, at this time that the crops of 1913 have not
-turned out well and that the results of the year’s operations will show
-on the wrong side of the ledger. Nevertheless, it is inevitable that a
-large sum must be expended to plant and cultivate a new crop in 1914,
-the returns from which will not be received until late in the year.
-
-The losses have been increased through damage to the plantations
-through the recent floods of the Brazos River. It is estimated that
-such damage will amount to $500,000. The indebtedness, however, has
-been reduced in effect through a recent opinion of the Attorney
-General, holding that the law authorizing per diem payments to convicts
-is unconstitutional. The Prison System owed the convicts quite a large
-sum of money upon account of per diem, and this indebtedness has in
-effect been wiped off the books through the Attorney General’s opinion.
-
-In this situation, it is believed that Governor Colquitt will again
-convene the Legislature in special session in January to further deal
-with the problem.
-
-In my opinion, the chief needs of the prison system are a plan of
-organization of the sort which the Legislature sought to provide in
-its recent act; abandonment of the big plantation scheme, and adequate
-operating capital. Many penologists coming to Texas from other states
-have praised the big plantation scheme; the idea of working prisoners
-in the open air and under “God’s sunshine,” rather than in shops,
-appeals to them. A more intimate knowledge of the plantation system
-might convince these persons that its alleged excellences are largely
-moonshine. It should be remembered, for one thing, that most men in
-Texas, whether in shops, stores or offices, get more open air and God’s
-sunshine than do persons engaged in similar pursuits in more northerly
-latitudes. I believed that the big plantation system was bad even when
-it was financially profitable, or seemingly so. It has now ceased even
-to be profitable. Heretofore, few people agreed with my criticism of
-this system. There have been converts; yet, I am frank to say that not
-a very great number of persons are in agreement with me. Many now are
-opposed to operating the plantations now owned by the State, but most
-of these would have the State buy other large farms in a different
-section, abandoning the growing of sugar-cane.
-
-Practically all of the able-bodied convicts of the prison system
-have been put to work on the plantations regardless of their former
-occupations and regardless of their inclination to flee or to foment
-trouble. The four big plantations are situated in the valley of
-the lower Brazos River, in a wooded country which invites escapes.
-Consequently, it is necessary to have a veritable army of officers and
-guards. The pay-roll is enormous, although individual compensation is
-small. Because the compensation is small there is a constant shift in
-the guard personnel. As a rule most of the guards are unfit for the
-service. This assertion is supported by the testimony of a number of
-the officers of the system. Yet the convicts are directly and wholly
-in the charge of these guards the greater part of the time, sometimes
-being miles away from headquarters and officers.
-
-The plantations are in a rainy country; the heaviest work of the year,
-cane harvesting, is done at a season when the weather generally is
-inclement. It is true that free labor encounters the same conditions,
-but it is practicable for free labor to go to shelter, while
-impracticable to move large forces of convicts expeditiously. Moreover,
-free labor, as its name implies, is free to lay off when it so desires;
-prisoners, as the word implies, cannot do this.
-
-The Rusk and Huntsville prisons have cells in which usually one, and
-not more than two convicts, are kept. But only 16 per cent. of the
-total number of convicts are in these prisons. All others are on the
-plantations. The act of 1910 called for fireproof cell buildings on
-the plantations, but it did not provide funds wherewith to build them.
-Moreover, the prison commissioners, like their predecessors in office,
-deemed it impracticable and unnecessary to provide such buildings.
-Accordingly the new buildings which they have erected are of the old
-type, plus some improvements. These farm prison buildings are good of
-their kind, but the kind is bad.
-
-They are wooden dormitory buildings. In each dormitory a large number
-of convicts are housed, sometimes more than 100. They commingle and
-converse freely within certain hours. Among the convicts in every
-camp there are agitators, “congressmen” their fellows call them. The
-conditions are such as to permit, if not indeed, to invite, immoral
-practices, conspiracy and mutiny.
-
-The efforts to employ practically all the able-bodied convicts on the
-farms, to cultivate a large acreage, and to meet the varying demands
-for labor—this latter necessitating frequent transfer of convicts from
-plantation to plantation, and from shops to the farms—has practically
-defeated efforts at classification of prisoners as was required by the
-act of 1910.
-
-I do not see much hope for the Texas prison system unless provision
-shall be made for a business like organization; unless there shall be
-substituted for the plantation system a line of industries which will
-admit of the convicts being under the actual control of competent and
-suitable officers instead of incompetent and poorly paid guards, nor
-unless adequate operating capital shall be provided.
-
-In view, however, of the experiences here detailed, I am fearful that
-before such reforms shall be enacted the people will grow weary of
-footing the bills and will permit a restoration of the contract or
-lease system, possibly in disguise. The present situation is not unlike
-that of 1870 when the lease system was adopted.
-
-
-
-
-THE PRISON SHIP “SUCCESS”
-
-
-There is now being exhibited along the Atlantic coast the oldest and
-strangest craft afloat in the world to-day. This is the old British
-convict ship “Success,” now the only survivor of the “Ocean Hells,” as
-the ships of England’s fleet of felon transports were called in the
-first half of the last century.
-
-Built in 1790, at Moulmain, by the old pagoda “looking eastwards to the
-sea,” the “Success” is now 123 years old. No ship of anything like her
-great age to-day is seaworthy, yet this old hulk under her own sail
-has succeeded in crossing the Atlantic, her time of 96 days, however,
-creating no new record.
-
-Massively built throughout of solid Burman teak, the “Success” was
-first launched as an armed East India merchantsman with beautiful brass
-guns bristling from her sides and fitted handsomely for the reception
-of princes, nabobs and the wealthy traders of the Orient, whose goods,
-spices, aromatic teas, ivories, jewels and other costly luxuries she
-carried over the seven seas to the ends of the earth. Her tonnage is
-589, and she is 135 feet long and 29 feet beam. Her solid sides are 2
-feet 6 inches thick at the bilge, and her keelson is a solid teak baulk
-of tremendous thickness, with sister keelsons little less massive.
-Her square cut stern and quarter galleries stamp her at once with the
-hall-mark of antiquity, and her bluff bow shows that she could never
-have distinguished herself for a high rate of speed.
-
-Yet pains were taken to make her trim and smart, and fit to hold
-a leading place among her sister ships of the Anglo-Indian fleet.
-Remnants of great gilded scrolls upon a rich blue ground have been
-brought to light, on scratching away the super-imposed coating.
-The quarter galleries, too, were originally decorated with massive
-and artistic carvings. Escutcheons can easily be traced at regular
-intervals from stem to stern, and the fo’c’sle head, raised high aloft
-forward, bears at its extremity a symbol of innocence and beautiful
-womanhood in the original figurehead of exquisite design—a strangely
-inappropriate emblem in the days when crime-stained convicts in
-clanking chains put to flight all thoughts of innocence and beauty.
-
-Broken only by an occasional conflict with a pirate craft, the
-“Success” had an honored life on the ocean until 1802, when she was
-first chartered by the British Government to transport to Australia
-the overflow of the home jails, the unfortunate wretches who at that
-time were sentenced to from seven years to the term of natural life for
-offenses that would now be considered trivial and petty, warranting at
-most but a small fine.
-
-Some of the greatest writers of the 19th century devoted their pens
-to horror-compelling descriptions of the voyages of the felon-fleet,
-of which the “Success” was in her day the commodore or principal
-devil-ship. “The Convict Ship” described by Clark Russell in his novel
-of that title is in every detail an exact picture of the “Success” as
-she is to-day, unchanged after all her years, nothing being omitted
-but her human freight and their suffering from the cruelties and
-barbarities perpetuated upon them. In “Moondyne,” too, John Boyle
-O’Reilly described at first hand the “Hugomont,” a sister ship to this
-ocean hell, with a faithfulness which anyone on visiting her must
-realize.
-
-The human cargoes on these convict ships died off like rotten sheep.
-Here is an extract from an official record of the maiden trip of the
-“Success” as a convict ship. Dr. White, the colonial surgeon, reported:—
-
-  “... of 939 males,” he says, in 1802, “sent out by the
-  last ships, ‘Success,’ ‘Scarborough’ and ‘Neptune,’ 251
-  died on board, and 50 have died since landing, the number
-  of sick this day is 450, and many who are reckoned as not
-  sick have barely strength to attend to themselves.”
-
-In a further portion of his report, describing his first boarding
-of the “Success,” Dr. White said that he found dead bodies still in
-irons—nearly all convicts made the full voyage, often lasting nine
-months, heavily ironed—below amongst the crowds of the living. Here is
-his own words:—
-
-  “A greater number of them were lying some half, and
-  others quite naked, without bed or bedding, unable to
-  turn or help themselves. The smell was so offensive I
-  could hardly bear it. Some of these unhappy people died
-  after the ship came into the harbor before they could be
-  taken on shore. Part of these had been thrown into the
-  harbor and their dead bodies cast upon the shore, and
-  were seen lying naked upon the rocks. The misery I saw
-  amongst them is inexpressible.”
-
-Engaged in this hideous trade, the “Success” continued to serve until
-1851, in which year she was permanently stationed as a receiving prison
-in Hobson’s Bay, Australia.
-
-Cells, strong and gloomy, were constructed on the ’tween and lower
-decks, and in these the most desperate criminals that England and
-Australia could produce were “accommodated.” The lower deck was devoted
-to the very worst type of convicts, and only prisoners of the better
-class confined in the ’tween deck cells. “Refractory” prisoners were
-immured throughout the long days and nights in the noisome dungeons in
-the dark depths of the lower hold, and were never allowed on shore on
-any pretext. Their only exercise and opportunity of enjoying a breath
-of fresh air was restricted to one hour in every twenty-four, when
-they were marched from stem to stern upon deck. The exceptionally high
-bulkwarks prevented them seeing aught but the strip of blue Australia
-sky directly overhead; the white-winged gulls, as they glided over
-the vessel, seemed to mock the prisoners in their heavy chains. From
-long confinement in the dark cells the eyesight of the convicts was
-generally ruined.
-
-The corner cells on either side of the lower deck are the dreaded
-“Black Holes,” in which prisoners who had been guilty of some breach of
-discipline or fractious conduct were punished by solitary confinement
-lasting from one to one hundred days. These small and tapering
-torture-chambers measure only two feet eight inches across. The doors
-fit as tight as valves and close with a “swish,” excluding all air
-except what can filter through the perforated iron plate that was
-placed over the bars above the door, in order to make the hole as dark
-and oppressive as possible. A stout iron ring is fastened knee high in
-the shelving back of the cell, and through this ring the right wrist
-of the prisoner was passed, and then handcuffed to the left hand; the
-consequence was that he was thus prevented from standing upright or
-lying down, but was obliged to stoop or lean against the shelving side
-of the vessel as it rolled to and fro on the restless waters of the
-bay. Starved, beaten and abused as they were, the wonder is that so
-many of even the prisoners were able to endure punishment as they did.
-
-In 1857 the disclosures that had been made of the brutal and inhuman
-treatment meted out to prisoners created a fierce outcry in Australia,
-amounting almost to revolt against the English Government, and resulted
-in the abandonment of the hulk system. For some years later—from 1860
-to 1868 the “Success” was used as a women’s prison; then she became
-successively a reformatory ship and ammunition store, and later all the
-prison hulks were ordered to be sold on the express condition that they
-were to be broken up, and their associations lost to the recollection
-of the residents of Melbourne. By a clerical error, however, that
-condition did not appear upon the terms of sale of the “Success.” Hence
-she became the only British convict ship afloat. It was not until
-1890, however, that she appeared before the public as an exhibition
-ship. In 1892 a gang of Sydney, N. S. W., residents stealthily boarded
-her to revenge themselves for the outrage on their pride caused by
-the exhibition of their ancestors, and all the figures were mutilated
-beyond repair. The figures were replaced, but in order to make their
-work more certain she was again attacked, scuttled and sunk in Sydney
-Harbor, but after the lapse of some years and at enormous expense her
-owners raised her, and since then she has been on exhibition not only
-in the Antipodean colonies, but has circumnavigated Great Britain and
-Ireland twice, and been shown five times in London. Her visitors have
-numbered over 15,000,000 people, and have included the King of England,
-the Prince of Wales, the Prince and Princess Henry of Battenburg,
-and other members of the royal family, the German Emperor, Captain
-Dreyfus of Devil’s Island, Lord Charles Beresford, the late Mr. W. E.
-Gladstone, and other “notabilities.”
-
-In 1912 she attempted what was perhaps the greatest feat in all her
-remarkable career—that was, to make the passage across the Atlantic
-under her own sail, unaccompanied by tug or steamer. The shipping world
-was aghast when the voyage was projected. “Impossible,” said every man
-that ever sailed the seas in ships, “that this century and a quarter
-old hulk could brave the spring hurricanes of the western Ocean!”
-Lloyds refused her insurance, the British Government refused her
-clearance and sea-captain after sea-captain refused her command, but
-finally a stout old skipper, Captain John Scott, and a gallant crew of
-adventurous souls under the command of Captain D. H. Smith, the owner,
-hoisted sail and took her out of Glasson Dock on the very day that the
-ill-fated “Titanic” sailed from the port of Southhampton. For 96 days
-she battled bravely, her staunch old hull defying the crashing gales
-and mountainous seas and at length made port in Boston Harbor with a
-crew, worn out and half starved but bravely triumphant, to the applause
-of press and public, who likened the splendid feat to the epoch-making
-voyage of Christopher Columbus.
-
-Since then the “Success” has exhibited in Boston, Providence, New York,
-Asbury Park, Philadelphia and is now being shown in southern seaports.
-
-
-
-
-PROGRESS IN MASSACHUSETTS
-
-BY WARREN F. SPALDING
-
-  Secretary, Massachusetts Prison Association, and Member
-  State Parole Board
-
-
-The legislation actually enacted during 1913 constituted but a
-small part of the progress made in prison reform. A combination of
-circumstances caused a reference to the next Legislature of many
-measures which had the hearty approval of the leaders in both branches.
-The reorganization of the prison commission, late in session, led to
-the postponement. It was felt that the new board should pass definitely
-upon the proposed legislation.
-
-Governor Foss outlined in messages to the Legislature a program for
-prison reform, the spirit of which is likely to be the basis of future
-Legislation. The most important of his recommendations is that the
-State assume the control and administration of all the county prisons,
-on the ground that crime is against the State and not against counties,
-and that the care of criminals is a function of the State. This would
-make it possible to classify both prisons and prisoners.
-
-If the prisons are to remain in the control of the State, he
-recommended that all the long-term men be gathered in a few of them,
-and that schools which should give both mental and manual training be
-established, at the expense of and under the control of the State,
-making the reformation of such men the definite purpose of imprisonment.
-
-The State prison buildings are old, and the construction of a new
-prison has been under consideration for several years. To the mind
-of the Governor no steps in this direction should be taken until the
-entire felon population of the State has been studied, with a view to
-the construction of buildings which will provide for the classification
-of such offenders, and the establishment of a system of grading and
-separation of men who need different methods of treatment. This may
-involve the use of the modern part of the present prison for the
-worst men, and the construction of new buildings elsewhere, for other
-classes, with ample facilities for outdoor work for those who can be
-trusted. The Concord reformatory, built originally for a State prison,
-and well adapted for it, could be used for the State prison. If that
-should be done, it would be possible to have a new reformatory, built
-to fit reformatory work. The buildings of the reformatory at Sherborn
-are wholly unfit for such an institution, and the construction of
-smaller buildings on the reformatory plan is one of the possibilities.
-
-It is expected that the prison commission will report upon these
-matters to the next Legislature.
-
-Of completed legislation, the most important measure passed in
-several years is the law establishing a board of parole. Heretofore
-the prisoners in the State prison and the two reformatories have
-been paroled by the prison commission. The work has been done in a
-mechanical way, solely on the basis of the conduct of the prisoner,
-his fitness to return to the community receiving little if any
-consideration. Comparatively little attention was given to the
-supervision on paroled prisoners, so long as they did not commit new
-crimes.
-
-The new parole board is required to see all prisoners who are to be
-paroled, and is making fitness for free life the main consideration in
-releasing. Its members are paid for their work and can therefore give
-to it all the time needed. When the work is fully in hand, it will have
-information covering the entire history of every prisoner, enabling
-it to pass intelligently upon the case. The prison commission, which
-has the supervision of paroled prisoners, is changing its methods, and
-eventually will know the whereabouts and conduct of every individual.
-
-The requirement that men shall become fit to be released is likely to
-lead to changes in the prison system, as it is manifestly unfair to
-require men to improve in confinement unless the State provides the
-means for improvement, and makes that the first purpose in dealing with
-them.
-
-The treatment of criminal drunkenness has attracted much attention
-recently. There is general dissatisfaction with present methods—short
-sentences for punishment—and a feeling that “drunks” should be
-separated from other offenders. On the recommendation of the Governor,
-a commission was created to study the whole subject of drunkenness and
-its present treatment.
-
-In 1911 a law was passed, authorizing the establishment of departments
-for “defective delinquents,” with a view to segregating those offenders
-whose crimes were due to mental inferiority. No appropriation was
-made however, and nothing could be done. The Governor recommended
-the erection of buildings at the State farm, and at the reformatory
-for women, but the Legislature, instead, authorized the Governor and
-council to lease buildings for the purpose. Though the new jail at
-Fall River, never opened, is not specified, it seems plain that the
-intention was to use that. It is doubtful however if it will be found
-suitable.
-
-An important change was made in the law authorizing a suspension of
-sentence in cases of minor offenders who have been sentenced to pay
-fines. The old law permitted this, but many judges used the power in
-comparatively few cases. The new law compels courts to put fine cases
-on probation, giving the offender time to pay, unless it is believed
-that he will default. It is expected that this will greatly reduce the
-number of commitments for non-payment of fines.
-
-
-
-
-COMMISSIONER RANDALL’S REPORT
-
-  [When the man that people like to speak of as “Frank”
-  Randall went to Massachusetts from Minnesota as chairman
-  of the Massachusetts Prison Commission it was expected
-  that he would be “frank.” Here is a summary, from the
-  Boston Herald of parts of Mr. Randall’s first annual
-  message.]
-
-
-In an interview given the first of the year by Frank L. Randall, the
-new chairman of the Massachusetts Prison Commission, he made several
-suggestions for the improvement of the penal system of Massachusetts.
-
-In his six months’ service he has been taking stock of the situation.
-While he has found many things that warrant the pride the State
-has in her penal institutions, he has found also not a few serious
-problems of which the general public know little or nothing. He pays
-high tribute to the sheriffs and others engaged in the penological
-work of the State. But he discusses a large number of suggestions as
-to the supervision of the prison industries of the commonwealth, the
-indeterminate sentence, the trying out of applicants for employment as
-guards and in other capacities, the pardoning influence of the wardens
-and superintendents, and especially as to the very large number of
-persons on parole, of whom the State has lost track altogether.
-
-“Did you know,” he asks, “that in this State there are 1,056 persons
-from the State reformatory, 217 from the State prison and more than 200
-from the woman’s prison who ought to be making regular monthly reports
-to the proper authorities but of whom the State knows little or nothing?
-
-“This is a very serious situation. According to the records all these
-persons were paroled. The terms of the parole in each and every
-case was a regular report every month, that the prison officials,
-representative of the power and supervision of the State, might know
-exactly the situation of each convicted person who has been liberated
-upon obligation to keep the State informed of his movements.
-
-“Some of these persons have never rendered a single report. Others have
-reported for a time, and then ceased to trouble themselves about the
-matter. In very many cases their whereabouts is unknown.
-
-“Now the sentences of these persons have not expired. They are still
-nominally in the charge of the State, which has granted them their
-liberty upon conditions. There ought not to be a single such case.
-In no instance should the State be ignorant of the whereabouts of a
-prisoner unless he is a fugitive from justice. These persons may not
-be classed as fugitives, and their sentences have not expired, yet the
-State has no trace of them.
-
-“This situation certainly shows a flaw in our system and a serious one.
-
-“I am strongly of the opinion that the prison industries of the State
-ought to be differently managed.
-
-“Our boards now are primarily concerned with the welfare of the
-prisoners, and properly so. The welfare of the inmate of a penal
-institution must come first. But there is a service to the State which
-he is rendering, and it is the part of business efficiency to make that
-service as large and of as good quality as possible.
-
-“The industries of the penal institutions of the State are not managed
-in a business way. Here are hundreds of workers making thousands of
-dollars’ worth of goods, and no one who is expert in business affairs
-is held responsible for the administration of this industrial system.
-The wardens and the superintendents look after these details as one
-of their duties. But neither they nor any other official can devote
-the time and attention to these industries which they ought to have
-in order that the State may get from them the largest return and the
-workers themselves derive from them the greatest benefit for themselves.
-
-“The one officer who now gives all his time to the concerns of the
-penal system is the chairman of the board, and he has a multitude
-of matters to occupy every moment. There ought to be some person
-of commercial ability, a trained business man, who should give his
-whole time to the dollars and cents of the penal establishment of the
-State. Let the commissioner give his attention predominantly to the
-humanitarian side of the work. But let us have a trained expert who
-shall develop new industries, improve the system of marketing the
-product, and look in general after the business side of the prisons
-just as the superintendent looks after these matters in any private
-enterprise. It will pay the State to consider this matter.”
-
-As he proceeded in his discussion of these problems it became more and
-more evident that to the commissioner prison service ought to be a life
-work, a professional occupation, to which men should give their lives,
-just as they go into law or medicine, and that this should be the case
-with the guards as well as with the wardens and the heads of the penal
-system of States. This appeared in his discussion of the warden’s
-influence on the granting of pardons.
-
-“I myself got caught by my ignorance of one of the kinks in the
-laws of the country some years ago,” he said. “It was this way. Out
-in Minnesota there was an Indian boy in prison who was dying of
-tuberculosis. I investigated his case, saw the proper parties, and went
-to the executive with a plea for pardon that the lad might go where
-there was a chance for the recovery of his health. I had the influence
-of senators and prominent men. And at the last minute I found that I
-could not get anything done because my name appeared upon the petition.
-
-“You see, it is assumed that it is not wise for the guard or the
-warden to be in any way friendly with his prisoners and at the same
-time to have influence for the securing of pardons. He might try to
-use his influence for the advantage of his favorites, and give them
-their liberty, not because they were ready for it, but out of personal
-reasons. That was the old thinking on the subject.
-
-“But the new thinking is better. If you have the right kind of warden
-there will be no danger of the abuse of any such power. He will be
-so sincere a friend of each and every prisoner that he will not use
-his influence to free a man until he is sure the convict is ready to
-return to society with safety to himself and to his fellowmen. When you
-have that kind of warden his opinion will be the very best that it is
-possible to have.
-
-“The same point applies in the case of the guard. The old theory is
-that the guard must not talk with a prisoner except on matters of
-discipline. He might become interested in a prisoner and that would
-be bad for discipline. The new and better idea is that we should have
-guards who mean to make penology a serious professional occupation,
-a life career, and then their attitude toward a prisoner changes
-entirely, and the danger of favoritism disappears.
-
-“In most cases when a man applies for a place as guard we look him over
-and tell him to put on a uniform if he bears scrutiny. He may pass
-some simple tests in a civil service examination. But what about his
-temperamental fitness for the responsibility of the care of prisoners?
-That is, perhaps, the most important qualification. As it is, we have
-no means of determining it.
-
-“I wish we might have some sort of central agency for the trying out
-of prospective guards. When they have made good and manifested a
-disposition seriously to study and practice the science of penology
-then they become very valuable to the State. Men who go into the
-occupation as a makeshift are expensive to the State in the long run.
-If we could test him in practice the credentials a man would bring from
-that central clearing house would be the best possible guarantee of
-fitness.
-
-“The science of penology in this country has advanced with very rapid
-strides. But the art of penology has not kept pace with it. And the
-reason is suggested in what I have said. There are too few who mean to
-make penology a real career. What we need is the type of man who can
-see the possibilities of service to the State in his kind of work.
-
-“Another matter which has been already a subject of study with me here
-in Massachusetts is the practice we have of mixing in our institutions
-two classes who ought to be kept apart. We have the workhouse cases and
-the prison cases. The former will include probably the older and the
-more confirmed offenders, many who are less hopeful of reformation, the
-careless and the professionally delinquent. They come and go and come
-back again quite as a matter of course.
-
-“But very many of the prison cases will be younger persons convicted of
-more serious offences. They will include many who can be appealed to,
-that are not confirmed in crime, who will respond to influence of the
-proper sort.
-
-“Now, it is not good policy to mix these cases. The one class comprises
-many who are glad to be fed and lodged and sheltered by the State. The
-others must not be permitted to learn to think of themselves as thus,
-subjects of the State’s care.
-
-“I would have these men sentenced indeterminately, not to be released
-until it is evident that they are ready for liberty. They must be
-treated as individual cases and adjustments must be made in each
-instance. I would place their release in the discretion of certain
-officials who may be presumed to be best prepared to say whether or not
-they are ready for release.”
-
-In general Mr. Randall referred to the need of the removal of the work
-of prison officials from all political and partisan influences and
-control. He named the State of Ohio as a community which has lately
-taken a very advanced step in penal legislation. The State of Illinois
-was referred to as an example of precisely the opposite sort. The
-commissioner told of his experiences in attending the annual meetings
-of the prison workers of the country, when year after year there will
-appear different sets of officials from the same city or State. “How
-can there be any real progress, or any development of the art of
-penology, when there is so little tenure of office?” he asked with a
-smile.
-
-“This country,” he added, “is regarded all over the world as a great
-laboratory where all sorts of theories have a chance to be tried out.
-This is because of our federal system. The United States has nothing to
-do except with a few federal prisons. Each State of the forty-eight has
-its own penal institutions. Thus, as you go about the country you may
-see almost every sort of plan, the most advanced and the most belated,
-in operation. For that reason deputations from foreign countries
-are sent here often for observation and study. Massachusetts ranks
-high, and deservedly so, although there are many opportunities for
-improvement.
-
-“One thing that must be remembered is this, that it is almost
-impossible to tell in advance how a plan is going to work. It may be
-wrought out with great care. But we have human nature to deal with,
-and exceptions to rules occur pretty frequently. Often a seemingly
-unimportant provision may prove very valuable. Then it must receive
-the place of importance that it deserves, and be adapted to varying
-conditions everywhere. And often what has seemed to be important will
-turn out to be of very subordinate consequence.”
-
-VERMONT’S STATE PRISON IN “THE HONOR SYSTEM LINE”
-
-  [The Boston Globe has recently published the following
-  article. Warden Lovell of Windsor seems to be running
-  Sheriff Tracy a close second.]
-
-
-Wilson S. Lovell, the superintendent of the Vermont State Prison at
-Windsor, has advanced ideas concerning the management of convicts.
-
-“When I can’t treat them like human beings,” he says, “I’ll give up the
-job.”
-
-Certainly his prisoners have privileges not generally accorded
-elsewhere to offenders against the law who are serving sentences.
-
-They are permitted to keep razors and to shave themselves.
-
-If an occupant of the electrically lighted cells doesn’t like the
-white-wash on the walls, he can replace it with a paint of cheerful red
-or any other color which does not offend his artistic eye.
-
-Many of the men, who have nearly served out their terms, work about the
-town under a keeper and on the prison farm. For the work about town
-they receive approximately 50 cents a day for their own personal use.
-
-The prison cows are driven out to pasture, some distance from the
-institution, but there is nothing in the garb or manner of the persons
-who drive them to suggest that they are convicts, but nevertheless they
-are. They are allowed to go unattended—in a word are trusted—put on
-honor.
-
-The women inmates, who do all the housework of the prison with the
-exception of the cooking, which is done by the men, have unprecedented
-liberties.
-
-They are allowed all over the place.
-
-One can see them of a morning carrying baskets of clothes to the
-clothes-yard outside the walls.
-
-They gather raspberries and strawberries in the prison garden, which is
-unsurrounded by any barrier.
-
-In the afternoon, when their work is done, they are at liberty to read,
-crochet or sew in their rooms, which are all in a separate building,
-and quite as airy and well furnished as those of the officials.
-
-Supt. Lowell indulges them in automobiling, evenings, taking them
-out three or four at a time, and when there is a band concert on the
-village green they may be seen sitting on the benches of the lawn
-facing the street, attended by the prison matron.
-
-Either there is something in the old saying “honor among thieves,” or
-else, being treated so well, the prisoners have no desire to try to
-escape from their “happy home.” At any rate they seem well content,
-look well fed and well kept and are a credit to the “humane treatment.”
-
-Within the last two years there have been none on the sick list in the
-prison hospital.
-
-Before the advent of Mr. Lovell the prisoners filed in line to the
-yard three times a day, summer and winter, and received their bowls of
-soup or plates of hash through a slide which extended outside from the
-kitchen. Each one would then go to his cell and eat his portion. They
-now have a large dining room with long tables running the length of the
-room. Here they are fed upon “the fat of the land.”
-
-There is a splendid vegetable garden in the rear of the prison—the
-pride of Supt. Lovell’s heart. Such large, juicy, red tomatoes, rows
-of string beans, cucumbers, lettuce and watermelons, beets, squashes,
-cabbages, and below a field of sweet corn! All of these vegetables are
-used for the prisoners; nothing is sold outside.
-
-They are allowed from three to four ounces of meat a day. They eat
-molasses on their bread on week days, great glass jugs of it being
-placed at intervals on the long tables; but on Sunday they are given
-butter. On holidays, Christmas and Thanksgiving, etc., they have quite
-as good a dinner as any one, a turkey and “all the fixings.”
-
-The men of the prison are mostly engaged in making shirts. There is a
-long, well-lighted workshop, two stories high. The shop is exceedingly
-well equipped with electric lights, electric fans, electric flat-irons,
-sewing machines and cutting machines.
-
-At the rear of each man’s chair is a pail of water, a cake of soap, and
-on the back of his chair a towel. Under the long work tables, suspended
-by hooks, are small mirrors—the personal property of some of the vainer
-fellows. So the toilet is not neglected, but scrupulously attended to
-at the sound of the bell at noon, and at 5:30 in the afternoon.
-
-The men have a ten-hour day, beginning at 7:30 in the morning, taking a
-half-hour off at noon, and finishing at 5:30 P. M.
-
-They seem interested in their work—looking up with good-natured smiles
-at the curious visitor.
-
-The men also make their own wearing apparel, everything but shoes and
-stockings. This work is done in the State workroom. Here they also
-repair their shoes and darn their socks. They also use the room as a
-barber shop, but the old fashioned ideas of the shaven poll are done
-away with and the prisoner has just an ordinary haircut.
-
-An interesting feature is the store of the prison. In it are the
-various specimens of the handiwork of the prisoners. These are for
-sale, and comprise watch chains, charms, and hat pins in onyx, carved
-wooden boxes, strange wooden birds with spotted wings, and worsted mats.
-
-One of the prisoners, who never took a drawing or painting lesson in
-his life, has painted a picture of the River Dorderecht, Holland. It is
-well drawn, and the coloring is extremely good for an amateur.
-
-There is a chapel in connection with the prison, and here, on Sunday
-mornings at 9 o’clock, service is held, and visitors are welcome. The
-choir is composed of some of the prisoners. The women are excluded from
-the service, having one of their own in the afternoon, to which the
-public is not invited.
-
-Mr. Ford, the white-haired chaplain, calls the men “my boys,” and he
-certainly seems to have a wonderful influence over them.
-
-Evenings they sit in their cells reading by electric light, or engaged
-in making various things to sell, for which, when sold, they receive
-the money. At about 8 P. M. the guard, carrying a lighted torch,
-proceeds along the tiers in the men’s section and stops at each cell
-to give the occupant light. They are allowed to smoke a pipe, and the
-tobacco is furnished by the prison authorities.
-
-An unusual privilege is an opportunity to procure little outside
-luxuries with any money which they may have earned. Every Wednesday the
-warden or the chaplain makes the rounds of the cells and inquires of
-each one what he would like to have purchased. In this way they acquire
-many little comforts which they otherwise would not have.
-
-
-
-
-LEGISLATION IN KANSAS
-
-BY J. T. HOWE
-
-Secretary State Board of Control.
-
-
-The last Kansas Legislature made few changes in the laws regulating the
-treatment and government of prisoners in the several prisons. The State
-has always endeavored to treat its prisoners as humanely as possible,
-and but few laws were ever passed relative to this because the prisons
-are under a board that has authority to make all necessary rules for
-governing these institutions.
-
-The principal changes made by the last Legislature were in the scope of
-the several boards. The penal institutions, namely, the Penitentiary,
-Boy’s Reformatory, Boy’s Industrial School and Girl’s Industrial School
-were placed under the Board of Corrections. The Schools for the Deaf
-and Blind were placed under the control of the Board of Administration
-which has charge of all the State Schools. The Board of Control has
-charge of the charitable institutions, namely, asylums, State Orphans’
-Home and has supervision over all private hospitals, home-finding
-societies and charitable institutions in the State.
-
-The two important laws passed were the parole law and the payment of
-wages to prisoners. The new parole law permits the judge to parole any
-person except in certain cases, before he or she has been committed to
-an institution. The law best explains itself.
-
-“Any person convicted of any felony, except murder, forcible rape,
-arson, or robbery, such convictions being for a first offense and
-imprisonment in the penitentiary, Kansas State Reformatory, or
-Industrial Schools for Boys and the Industrial School for Girls, the
-court before whom the conviction was made may parole such person either
-before or after sentence has been pronounced, if the court is satisfied
-that if permitted to go at large he would not again violate the law. He
-may be permitted to remain at large until such parole has terminated,
-provided that the court shall have no power to parole any person after
-he has been delivered to any of these institutions.”
-
-This is considered one of the best laws passed regulating paroles.
-
-The bill providing for the payment of wages to convicts provides that
-the Board of Corrections may allow a prisoner not less than $.10 nor
-more than $.25 each day for work done, over and above the day’s task
-as assigned. This money is to be sent to the family of the prisoner,
-which is dependent upon him for their care and keep. If the prisoner
-have no family, the money can accumulate until the expiration of the
-prisoner’s term and is then given to him. He may draw at any time
-from such fund for his personal needs so long as he does not use it
-improperly. This law does not fulfill its purpose. Its weakness is that
-in the average prison, a convict is assigned about all the work he
-can do and has but little time for extra work, owing to his physical
-condition. A better plan proposed would be for the State to allow to
-the prisoner a specified sum for each day at work, or for the county
-from which the prisoner comes to pay the family a certain monthly sum,
-paying such sum as may be agreed upon by the county commissioners.
-By the old method, the Board allowed them $.033 per day. For certain
-offenses the prisoners are fined and the fine is paid from this fund.
-The payment of a wage or the providing of some plan of caring for the
-needy families is a growing question, and so far Kansas has found no
-satisfactory method, but this question will probably be taken up by the
-next Legislature.
-
-Another law passed was that permitting the county commissioners,
-in counties having over 35,000 population, to appoint a matron for
-the county jails. This has often been done, but was never legally
-authorized until the last Legislature.
-
-Taking the Kansas laws as a whole, they seem to be adequate to meet the
-present prison conditions. The State law places all these institutions
-under the Board who have exclusive control in their management and in
-adopting of rules and regulations necessary to their government. The
-only question is the proper method of dealing with the families of the
-convicts. There has been little complaint regarding the treatment of
-the prisoners and there will be but few changes in the laws until some
-demand is made.
-
-
-
-
-BOOK REVIEW
-
-  _Manual for Probation Officers in New York State. State
-  Probation Commission._ Albany 1913, J. B. Lyon Co. Free.
-
-
-The State Probation Commission should be sincerely congratulated upon
-this most valuable manual. Although it is technically limited to New
-York State, its usefulness will extend far beyond those limits. Its
-principal merit lies probably in the fact that it is a well-indexed,
-complete compilation of all the laws pertaining to probation in that
-State. The presentation of the material in its analyzed form is an
-invaluable addition. The laws are cited both in statutory and in
-chronological order. Separate chapters are devoted to the discussion
-of the provisions pertaining to the appointment and compensation of
-probation officers; of court procedure and practice; of the duties,
-powers and methods of such officers. Facsimiles of the forms of
-records used, are also taken up in a separate chapter, similarly the
-history and functions of the Commission. In the appendix, among other
-interesting material, there is also a statistical statement of the
-growth of the application of probation in the State.
-
-In a book so full of merit as to opportuneness, thoroughness and
-analytical qualities a few suggestions are perhaps even more
-justifiable than in a work of fundamental weaknesses. It would seem,
-for example, that a chapter presenting the most important phases
-of the work in a continuous story-like form, comprehensible to the
-ordinary layman, would have increased considerably the reading circle
-of the book, and made it available as propaganda material. In the
-statistical appendix several improvements could be made. In Table 1,
-for example, the totals for any year of all persons are not indicated;
-in Tables 2, and especially 3, the development by years is not clearly
-presented; in Table 3 it would be very interesting to show the change
-in the relative percentages of “improved,” etc. The gaps in the tables
-are not satisfactorily explained, and in Table 6, giving the number
-of probation officers holding appointments, the totalling of the
-individual years is a decided statistical fallacy. Such faults are,
-however, of vanishing importance, compared with the immense usefulness
-of the work.
-
-The manual may be had by all interested persons on application to the
-State Probation Commission, at the Capitol, Albany. N. Y. P. K.
-
-
-
-
-EVENTS IN BRIEF
-
-  [Under this heading will appear each month numerous
-  paragraphs of general interest, relating to the prison
-  field and the treatment of the delinquent.]
-
-
-_The Disgraceful Jails of Iowa._—Rev. Charles Parsons, of the Iowa
-Society for the Friendless, is on the warpath. He says that “the jails
-of Iowa have been condemned and relegated to the junk pile many times,
-and yet they go on doing business at the old stand in the same old way,
-as if they were the most scientific institutions possible.
-
-“I have spent enough time in the jails of our State during the past
-five years to almost entitle me to membership in the jail fraternity.
-If the jail has anything to be said to its credit, I have been unable
-to find it, though I have searched diligently for it in most of the
-jails within our borders.”
-
-“One step in the program for betterment would be to avoid imprisonment
-through inability to pay a fine, but give the opportunity to pay the
-fine upon installments. This plan would save the culprit his employment
-if he has any. It would save his family humiliation and disgrace and
-help to save his self-respect.
-
-“Another step in the line of progress would be to parole all offenders
-where the penalty is less than 30 days. If they fail to make a right
-use of the parole, give a work-house sentence.
-
-“A third step in the program for progress would be the establishment of
-district custodial farms with work-house facilities for all prisoners
-serving 30 days or more. These district institutions must and should be
-under the management of the State.
-
-“Farming, gardening and diversified industries should be followed most
-suited to the location of the institution, but such industries must be
-used which are most easily acquired. That the labor of short term men
-can be profitably utilized in such institutions has been demonstrated
-in a number of instances.
-
-“The work-house of Minneapolis is a financial success with men whose
-average terms is only 17-1/2 days.
-
-“That such labor can be used outside of prison walls with perfect
-safety is shown by the success of the prison camp which has been in
-operation for several months past, at Ames, and the hay pressing gangs
-that have been working from Fort Madison.
-
-“During 1912, 3,739 inmates passed through the Minneapolis work-house.
-All the men worked in the open without walls, yet during the year there
-was only one escape.”
-
-
-_Warden Scott of New Hampshire Retires._—Many are the caustic
-criticisms directed at the Governor of New Hampshire, who recently
-removed Warden H. K. W. Scott of the State prison, and who appointed in
-his place a man of no equal prison experience. Warden Scott held office
-from 1905, and has served under five governors of the State, receiving
-his appointment from Governor McLane.
-
-The Concord Evening Monitor has published a large number of scathing
-criticisms from the State press on the action of the Governor in
-removing Warden Scott.
-
-Warden Scott, during his connection with the institution, has abolished
-the striped suit, lock step, downcast eye, dark cell and corporal
-punishment, which were practiced before his coming, and has instituted
-a night school. Instead of a candle each man now has an electric
-light in his cell, a grade system has been established and during the
-last summer a prison baseball league was organized, in order that the
-inmates might have outdoor exercise. Four teams were in the league and
-games were played Saturday afternoons.
-
-During the last session of the Legislature Warden Scott worked for the
-passage of an act to provide for pecuniary assistance of prisoners and
-their families, whereby a certain per cent. of their earnings is laid
-aside. The warden had submitted to the Governor and council a plan for
-the carrying out of this act, which went into effect September 1, but
-as yet no action has been taken.
-
-Charges preferred against him by Rev. Claudius Byrne, a former chaplain
-of the prison, were investigated by Legislative committees and proved
-groundless.
-
-Warden Scott says that for the present he will remain in Concord, N.
-H., as his two sons are attending school.
-
-
-_Sterilization Law Unconstitutional in New Jersey._—Upon the grounds
-that she was denied the equal protection of the laws to which, under
-the constitution of the United States, every person is entitled,
-the Supreme Court of New Jersey, in an opinion by Justice Garrison,
-has set aside the order of the Board of Examiners of feeble minded,
-criminals, Epileptics and other defectives providing for the operation
-of salpingetomy upon Alice Smith, an inmate of the State Village for
-Epileptics.
-
-In reaching this conclusion, Justice Garrison holds that without
-regard to the power of the State to subject its citizens to surgical
-operations that shall render procreation by them impossible, the
-statute creating the Sterilization Commission is invalid because it
-denied to the victims of the law the constitutional protection to which
-they are entitled.
-
-In the syllabus of the opinion Justice Garrison holds that the
-artificial regulation of the welfare of society by means of surgical
-operations for the prevention of procreation, being based upon
-the suppression of the personal liberty of individuals, must be
-accomplished, if at all, by a statute that does not deny to the persons
-thus injuriously affected the equal protection of the laws guaranteed
-by the fourteenth amendment to the constitution of the United States.
-
-Commenting on this decision, the Springfield Republican says
-editorially:
-
-It is constitutional to sterilize defectives and criminals in the
-State of Washington, but it is unconstitutional to sterilize them in
-New Jersey. The United States Supreme Court will have to settle the
-question finally. To the lay mind it would seem that, if the State has
-power to break a man’s neck by hanging, or to kill him by electricity,
-it would have the lesser power to subject him to a surgical operation,
-not in the least dangerous to life or limb, for the protection of
-society. The question of constitutionality aside, it is to be observed
-that sterilization involves various social questions whose seriousness
-should compel caution on the part of Legislatures in authorizing its
-practice in public institutions. It cannot be said that the problem
-has yet been completely thought out and all the consequences fully
-considered. A recent article in a medical journal by one of the
-foremost advocates of sterilization was notable for the physician’s
-frank admission that the objections to the operation, in their broadest
-significance, were very weighty. An operation that leaves the subject
-physically as fit as ever for the sex relationship, yet eliminates the
-danger of the conception of children, would have very deplorable moral
-and social results if it should become in the least common. It is a
-question that may easily involve large classes of people outside of
-prisons and asylums for the feeble-minded.
-
-
-_Farm Work in Minnesota._—From the near northwest comes the tale that
-twenty-five convicts are to be sent to the State lands near Walker,
-Minn., from the State penitentiary at Stillwater, to begin a system
-of intensive State farming and land reclamation, according to plans
-announced by the State Board of Control, which is compelled to find
-employment for more than two hundred men after January 1.
-
-The new laws prevent the prison from taking contracts, and the shoe
-contract will accordingly be dropped.
-
-The announcement of the new plan was made after the board had bought
-160 acres adjoining the prison farm at Stillwater. This land will be
-farmed.
-
-The board has other land adjoining State institutions and owns a large
-tract near the State sanatorium at Walker. The men prisoners will be
-sent there to clear the land and put in crops. Only the prisoners with
-best records will be sent to the farms. If the first detachment makes a
-success of the venture others will be sent out.
-
-
-_Alumni Day at a Reform School._—It does happen! This was what occurred
-at the Lyman School for Boys, Westboro, Massachusetts, on November 15,
-1913.
-
-The trustees of the School, Superintendent E. L. Coffeen, and
-Superintendent of the Parole Department, Walter A. Wheeler, sent
-letters to all of the 144 boys who have become twenty-one years of age
-the past year, inviting them to a dinner and celebration in their honor
-at the school. About one fourth of them attended, and as many more sent
-letters of regret, containing remarks of warm appreciation. Some of the
-boys were in the Army and Navy; others had moved out of the State. For
-any one of the boys to attend, meant the sacrificing of a day’s work
-and the cost of carfare.
-
-The program included a football game between the present inmates and
-an outside team, a reunion of boys with old officers and teachers, an
-inspection of the new features of the school, which they had not seen
-in the last five or six years, and finally a banquet.
-
-The usual speeches were made by the trustees, superintendents and
-invited guests, but the feature was the voluntary address in behalf of
-the boys made by one of their number. After thanking those present for
-what the school training and the friendly oversight of the parole board
-had done for him, he pledged the old boy’s interests in doing whatever
-they could to help the younger brothers “make good” when released from
-the school.
-
-It is intended to have a Home Coming Celebration every year, of which
-this was the successful experiment.
-
-
-_After Forty-Three Years._—Pardoned after forty-three years—the best
-years of his life—in a State penitentiary! Seeing the new world for the
-first time at sixty-six—such is the experience of John Taborn, pardoned
-by Governor Cox, of Ohio! Why, it’s like coming to life again after
-half a century of death, says the Bay City (Mich.) Times.
-
-When Taborn entered the State prison at Columbus in 1870, Grant was
-President. The telephone was unknown; electric lights were not dreamed
-of; there were not electric cars; skyscrapers in the largest cities
-were four or five-story buildings; Edison had not conceived the
-phonograph, while flying machines and wireless telegraphy were the
-dreams of madmen. The United States navy consisted of a few iron-clad
-and many wooden ships.
-
-When he was pardoned, Taborn was taken about Columbus by Warden Thomas’
-secretary to see that he was not confused by the traffic and injured.
-He gazed in awe at the electric cars; he got lost in the revolving door
-of an office building, the height of which astonished him; he enjoyed
-his first ride in an elevator; he smoked a good cigar, but was puzzled
-by the safety matches, which would not ignite when scratched on his
-trouser leg; he heard a phonograph and talked over the telephone for
-the first time in his life.
-
-Despite his sixty-six years, Taborn is active and has keen sight,
-reading without glasses. In the prison he learned three trades—that of
-machinist, shoe-maker and molding—and plans to begin his last span of
-life as a machinist.
-
-When he left the prison he had about $100. The prisoners took up a
-collection and gave him $30; the State turned over $20 and Taborn had
-about $50 himself. He was placed upon an electric car for a trip to
-Delaware, O., from which town he was sentenced for killing a man during
-a quarrel. Then he will go to his old home in Cass County, Michigan,
-and later to Hillsboro, N. C., where employment awaits him.
-
-
-_Social Surveys of Delinquency and Vice._—The Russell Sage Foundation
-Library publishes the following useful summary:
-
-  _Chicago._ Vice commission. Social evil in Chicago; a
-  study of existing conditions, with recommendations. 399
-  p. Chicago, the Commission, 1911. (50 cents)
-
-  This report may be obtained through the American
-  vigilance association, 156 Fifth Ave., N. Y.
-
-  _Cincinnati_ (Ohio). Bureau of municipal research. (The)
-  Juvenile court of Hamilton county. Cincinnati, O. The
-  Bureau, 1912. (2 cents).
-
-  _Elmira_ (N. Y ). Women’s league for good government.
-  Vice conditions in Elmira. 76 p. Elmira. The League, 1913.
-
-  _Hartford_ (Conn.) Vice commission. Report, July, 1913.
-  90 p. Hartford, Conn. Woman suffrage association, 1913.
- (25 cents)
-
-  _Kneeland_, G. J. Commercialized prostitution in New York
-  City. 334 p. N. Y. Century Co., 1913. ($1.30 net)
-
-  _Minneapolis._ Vice commission. Report. 134 p.
-  Minneapolis, Byron and Hillard, 1911. (40 cents)
-
-  _New York_ (City). Committee of fourteen for the
-  suppression of the Raines law hotels. Social evil in New
-  York City; a study of law enforcement by the Research
-  committee. 268 p. N. Y. Kellogg, 1910. (Out of print)
-
-  _Philadelphia._ Vice commission. Report. Philadelphia,
-  The Commission. (40 cents)
-
-  This report may be obtained through the American
-  vigilance association, 156 Fifth Ave., N. Y.
-
-  _Portland_ (Oregon). Vice commission. Report, January,
-  1912. 216 p. Portland, The Commission, 1912. (Out of
-  print)
-
-  _Potter_, Z. I. Delinquency, in Russell Sage Foundation,
-  Department of surveys and exhibits. (The) Newburgh
-  survey, 1913. Also in Russell Sage Foundation. Department
-  of surveys and exhibits. (The) Topeka improvement survey,
-  1914. (in preparation)
-
-  _Seligman_, E. R. A., ed. Social evil, with special
-  references to conditions existing in the City of New
-  York: a report prepared in 1902 under the direction of
-  the Committee of fifteen. 303 p. N. Y. Putnam, 1912, c
-  1902-12. ($1.75 net)
-
-  _Syracuse_ (N. Y.). Moral survey committee. Report on
-  the social evil. Syracuse, N. Y. Moral survey committee,
-  1913. (40 cents)
-
-
-_The State Use Problem in New Jersey._—The Newark News has a plain and
-clear statement of the difficulty. New Jersey is finding in going over
-from the contract system to the State use plan.
-
-The State Economy and Efficiency Commission is to-day investigating
-State prison conditions. The problems before it should concern every
-tax-payer, not to mention those who are interested in the great problem
-of prison reform. The need for their investigation was indicated
-yesterday by the report of the prison inspectors.
-
-The prison of this State is operated under the law of 1814 as it has
-been amended from time to time. Its operation is based upon an obsolete
-idea of prisons and their purpose: the idea that prisons are places of
-confinement under the control of a keeper whose business is, as his
-title implies, to _keep_ the prisoners.
-
-To secure revenue for the State, and incidentally, to preserve the
-mental and bodily health of the prisoners, provision was made for
-hiring out their labor and for this purpose a supervisor was appointed.
-The State wards then fell under the jurisdiction of the keeper
-and supervisor, whose duties were regulated by statutes requiring
-interpretation by the courts.
-
-Then a Board of Inspectors was appointed to see to it that the keeper
-kept the prisoners and that the supervisor kept the contracts for their
-labor; but the board has neither authority nor responsibility. Finally,
-a Labor Commission was appointed to devise a scheme for carrying out
-the State-use system of keeping the prisoners busy; an undertaking that
-it has proved unable, so far, to carry out.
-
-Two years ago the Legislature decided to put an end to the exploitation
-of prison labor as fast as the existing contracts expired. The
-contracts bring the State a revenue of practically $100,000 a year,
-two-fifths of the cost of running the prison. By abolishing the
-contracts, the State forfeits this revenue without decreasing the
-expense of the prison.
-
-Employment for the prisoners must be found, and the State is committed
-to the principle of employing them for State use, and, at the same
-time, of providing healthful employment under the honor system in the
-hope that it will prove reformatory as well as physically and mentally
-beneficial.
-
-Immediately two difficulties arise. One is due to the fact that
-the State law divides without clearly defining authority and
-responsibility. The attorney-general has decided that the keeper is
-responsible for keeping the prisoners, and the keeper demands that
-whether they are kept in the Trenton prison, at the State road camps
-or farm, they shall be attended by a greater number of guards than the
-inspectors think either necessary or for their moral good. There is
-here a question of expense, of the extension of outside work, of the
-moral effect of modern prison methods.
-
-The inspectors are hampered, also, in the expansion of the State farm
-and road making experiments by the supervisor, who is responsible
-for keeping the contracts for prison labor; for the supervisor may
-requisition as many of the prisoners as he wishes for contract proviso
-of the law, of course; and the keeper must deliver them.
-
-The second difficulty is that existing plans for their work offer
-employment for only a small percentage of the prisoners. At the
-expiration of the contracts—very soon—the great majority will be forced
-into idleness unless the contracts are temporarily extended. To meet
-this situation, the inspectors confess they have already broken the law
-in order to keep the prisoners at work.
-
-No plan has been devised, no equipment has been installed, for
-furnishing labor to this great majority of prisoners. For this there
-are several reasons, none greater, perhaps, than the fact that the
-Trenton prison is not fitted for this employment unless the congestion
-there can be relieved very materially. It might be necessary to make
-provision elsewhere for two-thirds of those now confined there.
-
-The Legislature has failed to make appropriations for installing a
-plant where the prisoners can make articles used by the State because
-no definite plan has been presented to it upon which agreement could
-be reached. The working out of the transformation of prison methods
-contemplated by the law of 1911 must be evolutionary. It will take
-time, and, meanwhile, contracts, it would seem, must be temporarily
-extended, regrettable as it is. What is needed, first and foremost,
-however, is a clear definition and concentration of authority and
-responsibility.
-
-
-_The First Woman Commissioner of Correction. New York City._—Miss
-Katherine B. Davis, formerly superintendent of the New York State
-Reformatory for Women at Bedford, took office on January 1, 1913, in
-New York City as Corrections Commissioner. She has thus been appointed
-by Mayor Mitchell as the director of the Tombs, the penitentiary,
-workhouse, three branch workhouses, the Brooklyn city prison, the
-Queen’s County jail, and a number of district prisons—enough of a
-task even for Miss Davis’s recognized ability. She also has the
-construction to attend to of the city reformatory for misdemeanants.
-She has associated with her as deputy commissioner, Burdette G. Lewis,
-a “social worker at City Hall.” Heartiest congratulations are being
-extended to the new heads of the Department of Correction. The readers
-of the “Delinquent” know Miss Davis well already.
-
-“Was it as big as my fist?” asked the judge, concerning a stone which
-was responsible for a broken window.
-
-“It ban bigger,” replied the Swedish witness.
-
-“Was it as large as my two fists?”
-
-“It ban bigger.”
-
-“Was it as big as my head?”
-
-“It ban about as long,” said the imperturbable Swede, “but not so
-thick.”
-
-STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC. of THE DELINQUENT.
-Published monthly at New York, N. Y., required by the Act of August
-24th, 1912.
-
-           NAME OF                                       POST OFFICE ADDRESS
-
-  Editor, O. F. Lewis,                               135 East 15th St., New York City.
-
-  Managing Editor, O. F. Lewis,                        ”   ”     ”       ”   ”    ”
-
-  Business Manager, O. F. Lewis,                       ”   ”     ”       ”   ”    ”
-
-  Publisher, The National Prisoners’ Aid Association,  ”   ”     ”       ”   ”    ”
-
-  Owners,     ”     ”         ”       ”      ”         ”   ”     ”       ”   ”    ”
-
-
-There are no bondholders, mortgagees, or other security holders.
-
-  O. F. LEWIS, Editor and Business Manager.
-
-  Sworn to and subscribed before me this 30th day of September, 1913.
-
-  CHARLES D. IMMEN, JR., Notary Public No. 2. New York County.
-
-  My Commission expires March 31, 1914.
-
-
-
-
-
-End of the Project Gutenberg EBook of The Delinquent (Vol. IV, No. I),
-January, 1914, by Various
-
-*** END OF THIS PROJECT GUTENBERG EBOOK THE DELINQUENT (VOL. IV, NO. ***
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-<pre>
-
-The Project Gutenberg EBook of The Delinquent (Vol. IV, No. I), January,
-1914, by Various
-
-This eBook is for the use of anyone anywhere in the United States and most
-other parts of the world at no cost and with almost no restrictions
-whatsoever.  You may copy it, give it away or re-use it under the terms of
-the Project Gutenberg License included with this eBook or online at
-www.gutenberg.org.  If you are not located in the United States, you'll have
-to check the laws of the country where you are located before using this ebook.
-
-
-
-Title: The Delinquent (Vol. IV, No. I), January, 1914
-
-Author: Various
-
-Release Date: April 4, 2017 [EBook #54486]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK THE DELINQUENT (VOL. IV, NO. ***
-
-
-
-
-Produced by Larry B. Harrison, Turgut Dincer and the Online
-Distributed Proofreading Team at http://www.pgdp.net (This
-book was produced from images made available by the
-HathiTrust Digital Library.)
-
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-</pre>
-
-
-<div class="transnote">Cover image is created by transcriber using the title page and placed in the public domain.</div>
-
-<table summary="The Delinquent" width="100%" border="0"><tr>
-<td class="tdl">VOLUME IV, No. 1.</td><td>&nbsp;</td><td class="tdr">JANUARY, 1914</td>
-</tr><tr>
-<td class="tdc" colspan="3"><h1><big>THE&nbsp;&nbsp;&nbsp;DELINQUENT</big></h1></td>
-</tr><tr>
-<td class="tdc" colspan="3"><small>(FORMERLY THE REVIEW)</small><br />
-<big>A MONTHLY PERIODICAL, PUBLISHED BY THE</big><br />
-<big>NATIONAL PRISONERS’ AID ASSOCIATION</big><br />
-<small>AT 135 EAST 15th STREET, NEW YORK CITY.</small></td>
-</tr><tr>
-<td class="tdl bt bb">THIS COPY TEN CENTS.</td><td class="tdc bt bb">&nbsp;</td><td class="tdr bt bb">ONE DOLLAR A YEAR</td>
-</tr><tr>
-<td class="tdl bb padr05"><p class="indent">T. F. Garver, President.</p>
-<p class="indent">Wm. M. R. French, Vice President.</p>
-<p class="indent">O. F. Lewis, Secretary, Treasurer and Editor The Delinquent.</p>
-<p class="indent">Edward Fielding, Chairman Ex. Committee.</p></td>
-<td class="tdl bb padr05"><p class="indent">F. Emory Lyon, Member Ex. Committee.</p>
-<p class="indent">W. G. McLaren, Member Ex. Committee.</p>
-<p class="indent">A. H. Votaw, Member Ex. Committee.</p></td>
-<td class="tdl bb"><p class="indent">E. A. Fredenhagen, Member Ex. Committee.</p>
-<p class="indent">Joseph P. Byers, Member Ex. Committee.</p>
-<p class="indent">R. B. McCord, Member Ex. Committee.</p></td>
-</tr></table>
-
-<h2>WHY DELAWARE USE THE WHIPPING POST<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">*</a></h2>
-
-<p class="center"><span class="smcap">By Charles R. Miller, Governor of Delaware</span></p>
-
-<blockquote>
-
-<p>[Delaware has received in recent months national attention because a member of Congress asked in Congress
-whether the use of the whipping post in Delaware cannot be declared contrary to the provisions of the national
-constitution. To flog prisoners seems to most people a relic of barbarism. Is it justified? Do you agree with the
-Governor of Delaware?]</p></blockquote>
-
-<p>Delaware has whipped criminals of
-certain types since 1656, and will continue
-to whip them until the statutes under
-which corporal punishment is indicted
-shall be repealed.</p>
-
-<p>Congress cannot, and certainly will
-not, interfere in the exercise of proper
-authority under the law, and as the
-whipping post is an integral part of the
-criminal law of Delaware every law
-officer must consent to its use regardless
-of any personal views he may have in the
-matter. Hysterical women, weak men,
-bullies, cranks and blackguards in all
-parts of the country have written to me
-demanding that I set aside the law and
-prohibit whippings for crime in Delaware.
-These good souls give no heed to
-the fact that the whippings are quite as
-legal in Delaware as imprisonment.
-Their demands amount to anarchy, so
-far as law enforcement goes. They cry,
-“Down with the law!” without knowing
-whereof they speak.</p>
-
-<p>I want every criminal, every sharper
-and every moral leper to know that if he
-comes to Delaware and violates the law
-he will not only serve a long term in our
-none too comfortable jails, but that he
-will be whipped in public on his bare
-back before he enters his cell. I wish
-this fact could be spread to the uttermost
-corners of the country.</p>
-
-<p>Delaware wants no undesirable citizen.
-This State offers nothing but the whip
-and the workhouse for the gunmen,
-white slavers, panders, highwaymen and
-common thieves which people the underworld
-of some of our larger cities and
-who seem to get a certain amount of applause
-for their more daring performances
-from the same type of people who
-demand that I shall set aside a fundamental
-law of my State and defy the
-decrees of our High Court.</p>
-
-<p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">*</span></a> From several newspapers.</p>
-
-<p>Delaware houses one-half of her
-population in the city of Wilmington.
-All the rest of the State is strictly rural.
-<span class="pagenum"><a name="Page_2" id="Page_2">2</a></span>
-Our people are of the soil. They are
-typical farmers—plain, wholesome, God-fearing
-people who obey the law and who
-punish crime with severity. We have
-neither the means nor the machinery
-with which to patrol our rural districts
-with armed officers. It follows, then,
-that we must have laws carrying severe
-penalties and rigidly enforce them.</p>
-
-<p>Half the people in Delaware south of
-Wilmington never lock their doors at
-night, window fasteners are uncommon,
-and thought of burglars is totally absent
-from the minds of our people. Once in
-a long while some half-drunken loon will
-enter a house at night. When he is not
-kicked out as a mere intruder he is locked
-up, tried, convicted and whipped according
-to law, and then locked up long
-enough to think it over himself and to
-deter all others from a like offense.</p>
-
-<p>Those who criticise the whipping post
-adversely overlook the fact that Delaware
-is the broad highway between four
-chief American cities.</p>
-
-<p>Our unthinking critics include those
-who do not know that time or the loss
-of time means nothing at all to a very
-large proportion of our population. A
-day, or a week, or a month, more or less,
-costs a low-grade negro nothing at all in
-opportunity or in money. The native
-negroes of Delaware know their place
-and make no trouble. They are far
-above the average in habits and in intelligence,
-but we have a floating negro
-population which is definitely bad, and
-we must safeguard our people, white and
-black, against those who come from all
-parts of the Shore country to the canneries,
-work a few weeks or months and
-then pass on, only to give place to
-another lot just as bad, or even worse.</p>
-
-<p>The negro with city habits is a worse
-proposition than the farm trained hand,
-who is usually law-abiding and useful.
-Delaware can handle her own negroes
-with little or no force, but the passing
-throng of bad men needs attention, and
-they file by with eyes front on the whipping
-posts. Cells mean nothing at all to
-such men, white or black.</p>
-
-<p>Delaware is absolutely free from all
-forms of white slavery. This particular
-form of crime is punished here without
-recourse to the Mann Act or aid from
-the Federal authorities. Did the whipping
-post do naught else but keep cadets
-out of Delaware it proves its eternal
-value here.  In every other State in the
-Union in which there is a large city
-the white slave problem comes up with
-a degree of regularity. The same people
-who condemn the whipping post wring
-their hands and wonder what to do about
-the cadets and their wretched victims.
-Delaware answers, “Whip the cadet!”</p>
-
-<p>Years ago a gang of desperadoes
-undertook to rob a Wilmington bank.
-They tunneled under the building, and
-would have carried off $500,000 in negotiable
-securities but for the suspicions
-of an alert watchman. They were
-arrested, and on trial paid one attorney
-a very large fee solely to the end that
-they might be saved from the public
-whipping. The late great Chief Justice
-Lore sentenced them to long terms in
-prison and to the utmost limit of the law
-as to pillory and lashes.</p>
-
-<p>There has never been a bank robbery
-attempted in Delaware from that day to
-this by professional burglars. These
-men were bank robbers of the first grade;
-the same men who managed one of the
-sensational robberies in New York—the
-Metropolitan Bank, I think. That type
-of criminal never considers Delaware
-now for a second.</p>
-
-<p>A prison term means nothing at all to
-him, but he would never dare show his
-face in his usual haunts after the lash
-fell on his bare back in a Delaware jail.</p>
-
-<p>All prison reformers and all humanitarians
-agree that the object of all punishment
-is to prevent crime—remotely to
-cure the criminal. We are not discussing
-the cure of criminals. We are discussing
-the whipping post per se, and I
-submit that the whipping post has prevented
-two of the most terrible of all
-crimes short of murder—white slavery
-and burglary. There is a grave doubt
-in my mind if there has been a single
-burglary in Delaware within twenty
-years committed by a man who was entirely
-sane and wholly sober, and I do
-not recall any second offenders.</p>
-
-<p>It will not be seriously questioned that
-society has a right to protect itself. If
-<span class="pagenum"><a name="Page_3" id="Page_3">3</a></span>
-the whipping post proves to be a perpetual
-and potential protector against
-the burglar, the highwayman and the
-cadet, why cry down its effectiveness?
-New York had an epidemic of gunmen;
-Chicago had an epidemic of highwaymen;
-Boston and Philadelphia made war on
-cadets. Delaware simply painted her
-whipping posts and multiplied school
-houses.</p>
-
-<p>Within recent weeks, in Philadelphia,
-Judge Norris S. Barratt declared from
-the bench that nothing except a thoroughly
-good whipping at a public post would
-serve to adequately punish a wife beater
-before him. This learned jurist is intimately
-familiar with social and political
-conditions in Delaware and, before the
-Sons of Delaware, most ably defended
-the whipping post as an aid to crime
-prevention.</p>
-
-<p>Solitary confinement has been proved
-a failure. It rots out the prisoner, destroys
-all ambition, and when his hour of
-freedom comes he is without initiative,
-without occupation and without hope.
-Trades are now taught these men, but
-day after day they are “lined up” as professionals,
-and their lives become a
-misery to them.</p>
-
-<p>Now I repeat that the basic idea of
-punishment has to do with the protection
-of society against the criminal. It would
-be a little beyond me to explain the psychological
-effect of a public whipping
-upon the mind of a professional criminal,
-but of course I had ideas. The fact remains,
-however, that the mere prospect
-of such a whipping keeps men out of
-Delaware who would not hesitate a
-second to “shoot up” a dance hall in New
-York or Chicago.</p>
-
-<p>It is a fact of common knowledge that
-ship masters of undoubted courage, of
-tested and proved valor, are as timid as
-little children when ashore; that firemen
-who never give a thought to personal
-peril at a conflagration, bawl and make
-an awful to-do about having a tooth
-filled. Frank Gotch, the wrestler, who
-could tear an ordinary man apart with
-his hands, bows with absolute submission,
-I am told, to the will of Mrs. Gotch.</p>
-
-<p>Doubtless the men of science, the psychologists,
-have a definite name for this
-phenomenon of the mind. I do not know
-this word, but I do know that burglars
-and highwaymen who would brave the
-police force of Philadelphia or any other
-large city will not even consider a “job”
-in Delaware and that these men when
-asked why, invariably reply that they
-will take no chance of the whipping post.
-It may be a display of vanity more than
-fear. I do not quite know.</p>
-
-<p>I have no quarrel with those who want
-to reform prisons, but I am a most
-earnest advocate of any and every method
-that prevents crime, and this the whipping
-post does to a marked degree.</p>
-
-<p>The sense of shame that follows a
-public whipping is quite a different matter
-from the innermost feelings of the
-same man flogged in privacy. In the
-underworld, where there exist strata of
-preferment just as there are social equations
-in organized society, a man who has
-done “a bit” of long duration lives in a
-degree of reflected glory. A yeggman
-who has served ten or twelve years in
-Cherry Hill, Sing Sing, Joliet or any one
-of the other notorious prisons has a certain
-standing among his fellows in crime.
-But it is a curious yet certain fact that
-the man who is whipped in public loses
-caste at once and forever. It seems to
-be that in having been sentenced to be
-whipped, the scene in the court room, the
-display in the jailyard and the final flogging—all
-produce a profound and a lasting
-mental shock.</p>
-
-<p>This is not true when a mere warder
-calls a man out of his cell, beats him and
-then throws him in a dark hole. This
-performance is followed by mere resentment.
-The victim of this system, and
-the prisoner is very often a victim, merely
-promises himself to kill the warder
-if he ever has a chance, or some like
-foolish threat. Not so when a High
-Court, a Chief Justice, amid scenes of
-dignity and decorum, orders the whipping.
-It is the effect upon the mind of
-the man whipped and the result of the
-whipping upon the minds of other criminals
-that count. It is purely psychic but
-it is none the less effective.</p>
-
-<p>None of the men whipped in Delaware
-is punished to the point that very great
-physical torture follows. Such a lashing
-<span class="pagenum"><a name="Page_4" id="Page_4">4</a></span>
-would create a martyr of a criminal, and
-this must be avoided.</p>
-
-<p>Criminals of the type that hold up
-trains, raid banks and rob Government
-buildings are jealous of their reputations
-in the underworld. Once whipped they
-become objects of derision and contempt
-in their own circles. Some of these men
-are inordinately vain. It is quite likely
-that this vanity, affectation or love of
-even doubtful glory deters them from invading
-Delaware and daring the post.</p>
-
-<p>Notice how the arrest of a notorious
-yeggman is always followed by accurate
-reports of his record. Study these records
-and you will seldom see that the
-prisoner was whipped in Delaware. It is
-idle to assume that these men are afraid
-to come to Delaware because we have
-police, a militia and all the other agencies
-for the enforcement of law. These are
-common to all communities. They are
-not in any degree afraid of the physical
-punishment involved in a Delaware whipping.
-Many of them in friendly boxing
-bouts are more thoroughly beaten up
-every few days while exercising. It is
-the preliminaries, the mental picture of
-the trial, the solemnity of the sentence,
-the ignominy of the performance, and,
-last of all, the contempt, ridicule and
-humiliation at the hands of their consorts,
-male and female, that produce the
-result first on the individual whipped, and
-ultimately upon all of his kind.</p>
-
-<p>If there was nothing to it but a mere
-flogging by a prison warder of doubtful
-authority; simply one man in brief
-authority beating up another man but
-temporarily in his keeping, there would
-be, could be, no such result, and the whipping
-of criminals would probably degenerate
-into revolting performances with
-attending scandals. The Delaware system
-precludes any such possibility.</p>
-
-<p>The women of the nation lead in all
-humanitarian work as they should. In
-every large city in the United States, except
-Wilmington, Delaware, some brute
-is sent to jail every day or so for wife
-beating. Chicago has had to establish a
-Court of Domestic Relations for the almost
-exclusive benefit of women who
-have been whipped by beasts who swore
-to love and honor them. Delaware will
-never need any such court so long as the
-whipping post is so near the court house
-and in such great favor with our judiciary.
-There is no Judge sitting in Delaware
-who does not strongly favor the
-last for wife beaters.</p>
-
-<p>Some of our good friends who call
-themselves penologists, philanthropists,
-humanitarians and prison reformers overlook
-one all important matter in their
-crusades. This essential is the prevention
-of crime. Without discussion I will agree
-to everything that any of them propose
-for the health and education and reformation
-of a criminal, but I still insist that
-he is best off when he is kept from
-crime.</p>
-
-<p>The people of Delaware are not barbarians.
-In education, in culture, in true
-charity and in man’s love for man the
-people of Delaware rank with the best
-in the land and in patriotism second to
-none. It is absurd to attempt the indictment
-of a people of a sovereign State.
-Delaware has a proud place in the history
-of the country and is prepared to meet
-every proper issue as it arises and Congressmen
-from the wilds of Montana will
-do well to study the practical results following
-legislation in Delaware before
-asking for Federal interference in a purely
-State matter.</p>
-
-<p>Let every professional criminal in all
-the world know that Delaware is no field
-for his operation; that crime here means
-public whippings on the bare back, the
-ultimate of public disgrace, absolute enforcement
-of the law and Delaware will
-be well served. Other States may toy
-with the criminal; experiment with crime
-and multiply the police, but Delaware
-will continue to prevent crime and thus
-save the criminal from himself and protect
-the public from the criminal.</p>
-
-<p>There is no considerable sentiment
-against the whipping post in Delaware.</p>
-
-<hr />
-
-<p><span class="pagenum"><a name="Page_5" id="Page_5">5</a></span></p>
-
-<h2>TROUBLES OF THE TEXAS PRISON SYSTEM</h2>
-
-<p class="center"><span class="smcap">By Tom Finty, Jr.</span></p>
-
-<blockquote>
-
-<p>[This  is the second and concluding article by Mr. Finty. The first article appeared in the December, 1913,
-Delinquent. Mr. Finty’s two articles are an especially interesting statement.]</p></blockquote>
-
-<p>In the foregoing I have attempted to
-outline the situation of the Texas prison
-system, to show how a burden of loss
-and debt has followed marked financial
-prosperity, and to indicate why the public
-is puzzled over the situation. I shall now
-endeavor to outline the causes of this
-condition, my statement being based not
-merely upon the conclusions of the investigating
-committee of 1913, but also
-largely upon the testimony taken by the
-committee, which testimony I heard and
-reported. This statement necessarily will
-include something of a review of provisions
-of the prison reform act of 1910,
-of criticisms of the same, and of the
-revisions which the Legislature recently
-tried to make.</p>
-
-<p>When the prison reform act of 1910
-took effect on January 20, 1911, and
-Governor Colquitt appointed his prison
-commissioners, the system was clear of
-debt except as to a small sum in current
-bills for supplies just received and on
-hand. There was also outstanding $100,000
-of bonds secured by a direct lien on
-the Texas State Railroad. These bonds
-are still outstanding, and they are not
-taken into account in any of the statements
-hereinafter made.</p>
-
-<p>The prison population when the new
-law took effect was 3,578. Of this number
-1,046 were hired out; 831 were working
-on share farms (a modification of the
-hiring-out system), and 1,701 were employed
-upon State account, 586 of these
-within or near the walls, and 1,115 upon
-the State farms.</p>
-
-<p>The acreage cultivated on the State
-farms was 18,097; on share farms 25,363,
-and on contract farms 18,680; total
-62,140.</p>
-
-<p>The prison population on September
-30, 1913, was 3,926, all of which force
-is employed on State account, 733 of the
-prisoners being in or near Rusk and
-Huntsville prisons and 2,965 on State
-plantations. These plantations now include
-certain rented lands, adjoining the
-lands owned by the State. The prison
-population is classified as follows: White
-1,244, blacks 1,919, mulattoes 335, Mexicans
-405 and Indians 3. The number includes
-92 females, 7 of them white, and
-85 black.</p>
-
-<p>The acreage cultivated by the 2,965
-prisoners on State farms in 1913 was
-36,993, as compared with 62,140 acres
-cultivated by 2,807 persons at the time
-the new law took effect.</p>
-
-<p>The reports of the prison commissioners
-and of chartered accountants
-show that in the two years next following
-the date the act of 1910 took effect
-the prison system’s losses from operation
-were $722,773.41; that debts aggregating
-$1,528,458.04 accrued, and that $310,000
-appropriated from the public treasury had
-been expended.</p>
-
-<p>Marked difference of opinion as to the
-cause of this fiscal situation exists. Obviously,
-the debt is due in part to the
-operating losses, and both the debt and
-the losses were in part caused by lack of
-operating capital.</p>
-
-<p>A part of the debt represents outlay
-for improvements and equipment necessary
-to provide housing and employment
-for the convicts withdrawn from the hiring-out
-system. A part of it, as already
-suggested, represents lack of operating
-capital.</p>
-
-<p>When a large proportion of the convict
-population was hired out, the men
-who hired the convicts furnished the land,
-mules, implements and houses. When
-the State withdrew the convicts from
-hire, it had to provide all of these things.</p>
-
-<p>When the convicts were hired out, their
-wages were paid to the State monthly,
-regardless of the profits or losses of the
-contractors. This income furnished an
-operating capital for the prison system as
-a whole. It was a substantial income: the
-State received $31 a month for each first-class
-convict, making a large profit after
-it had paid for food and clothing and for
-guarding. When the convicts were withdrawn
-<span class="pagenum"><a name="Page_6" id="Page_6">6</a></span>
-from hire, this steady and dependable
-income stopped. Expenditures continued
-steadily throughout the year; the
-bulk of the receipts came at the end of
-the crop year, and, of course, the income
-was as uncertain as is the weather and
-the crops.</p>
-
-<p>Thus, much of the indebtedness is explained.
-However, the wisdom of the
-commissioners in abolishing the contract
-system almost three years before they
-were required by law to do so has been
-questioned. It has been asserted that if
-they had permitted the contracts to continue
-during the three years, receiving the
-income therefrom, they would have been
-prepared to enter upon a complete State
-account system with much better chance
-for it to succeed. It should be noted,
-however, for what it may be worth, that
-some of the contractors said they did not
-want to keep the convicts under the conditions
-as to hours of labor, etc. imposed
-by the act of 1910.</p>
-
-<p>In considering losses from operation of
-the prison system, it is readily seen that
-expenses were increased by requirements
-of the new law. The investigating committee
-says that $379,791.73 was thus
-added to the expense account during the
-first two years. These requirements
-were:</p>
-
-<blockquote>
-
-<p>1. That 10 cents a day should be paid to
-each convict who had earned a diminution of
-sentence by good behavior. The commissioners
-advocated a repeal or modification of
-this provision. It is almost generally admitted
-that the provision in its present form
-is not only too sweeping, but also that it fails
-of its purpose. It has had little, if any,
-effect in the way of encouraging good conduct.
-Evidently, however, this negative result
-is due not so much to the fact that the
-per diem was paid as it is to the fact that the
-per diem has not been paid. After the system
-became involved in debt, and the $310,000
-appropriation above mentioned was exhausted,
-no further payment of per diem was
-made, except as convicts were discharged.</p>
-
-<p>2. That convicts should be paid for overtime.
-The comment upon the per diem item
-applies to this all the way through. Most of
-the overtime has gone to cooks, waiters and
-flunkers. Suspension of per diem and overtime
-payments has caused much dissatisfaction
-among the convicts.</p>
-
-<p>3. That certain new offices should be created,
-teachers be provided, and that the salaries
-of guards should be increased.</p></blockquote>
-
-<blockquote>
-
-<p>4. That better provision should be made for
-female convicts.</p>
-
-<p>5. That all new convicts should be brought
-to Huntsville prison before being assigned to
-other parts of the system. The commissioners
-recommended the repeal of this provision, because,
-they said, medical examination could be
-made at the farms as well as at Huntsville.
-They never seemed to understand the purposes
-of the requirement, which was, briefly,
-to assign the convicts to proper industries, to
-prevent sending to outside work men who
-were likely to attempt escape or to foment
-mutiny, and to secure to all prisoners some
-training in prison discipline. This purpose
-being misunderstood, prisoners are sent to the
-farms on the next train leaving after their
-arrival at Huntsville prison.</p>
-
-<p>6. That discharged convicts should be
-furnished a railroad ticket to any point in the
-State, instead, as formerly, to the place where
-convicted. The commissioners recommended
-the repeal of this provision.</p>
-
-<p>7. That the State should bear the expense
-of sending the corpses of convicts to their
-kinspeople upon request. Repeal of this also
-was recommended.</p></blockquote>
-
-<p>There were two other matters upon
-which the commissioners were not in
-agreement. The first was the requirement
-of the law that convicts should not
-be worked more than ten hours a day,
-this limit to include the time spent going
-to and from work. The second was the
-abolition of whipping. This latter was
-not required by the law, but was enforced
-by executive order.</p>
-
-<p>Commissioners Tittle and Brahan attributed
-the losses from operation largely
-to the fact that the convict population
-upon the whole was not performing a
-reasonable amount of labor, as was indicated
-by the falling off in acreage cultivated.
-This condition they ascribed
-largely to the statutory limitation upon
-the hours of labor, and, further, to the
-fact that the most effective means of punishment
-(whipping) had been interdicted
-by executive order. The farm managers
-and sergeants, and, in fact, very nearly
-every officer of the system, supported
-them in these views.</p>
-
-<p>Chairman Cabell denied the truth of
-their deductions as to the abolition of
-whipping, and he asserted that in his
-opinion these other officers exaggerated
-the influence of the limitation upon the
-hours of labor.</p>
-
-<p>Certain of the new officers of the system
-<span class="pagenum"><a name="Page_7" id="Page_7">7</a></span>
-who testified before the investigating
-committee said that most of the officers
-and guards, having been trained under
-the old order, were not in sympathy with
-the new law nor with its purposes. This
-suggestion was reinforced by the testimony
-of such officers, as is indicated in
-the foregoing.</p>
-
-<p>The circumstances attending the abolition
-of whipping ought also to be considered.
-The prison act of 1910 did not
-prohibit whipping. It limited it and provided
-safeguards against abuses. Many
-of the officers of the system were not in
-sympathy with such limitations. In the
-early summer of 1912, Chairman Cabell
-moved that the use of the “bat” should
-be discontinued and prohibited. His
-motion was defeated by the votes of
-Commissioners Tittle and Brahan.
-Thereupon, Governor Colquitt ordered
-the commission to adopt Chairman Cabell’s
-motion. It did so, unanimously.</p>
-
-<p>It was generally known throughout the
-system that practically every officer thereof
-believed it impossible to control convicts
-or to make them work unless the
-threat of whipping hung over them. Yet
-the first news of the change in punishment
-methods went out through the press
-during a political campaign. In many
-parts of the prison system, so the investigation
-disclosed, the convicts got their
-first information of the change from new
-prisoners. The effect was bad. Convicts
-reasoned that the authority of officers
-directly in charge was negligible; that
-these officers had said they could not control
-convicts or make them work without
-the “bat,” and, therefore, since the bat
-has been taken away, they could safely
-decline to work.</p>
-
-<p>The reluctance of these prison officers
-to shape their course to the new requirements,
-I believe, was based upon sincere
-conviction. The influence of their
-attitude upon results can only be conjectured.
-In this connection it ought to
-be stated that these officers asserted that
-whipping was less inhuman than the substitutes
-provided. These substitutes were
-chaining-up and dark-celling. The former
-consists of fettering the convict’s
-wrists at the end of chains suspended
-from above at such height as to cause him
-to stand erect, but flat-footed, with his
-arms extended as high as they will go.
-There have been some complaints that
-convicts have been chained so high as to
-require them to stand tip-toe. The possibilities
-in the use of the dark-cell were
-illustrated in the Harlem farm tragedy.</p>
-
-<p>A part of the prison system’s losses
-from operation were admittedly due to
-the following named causes:</p>
-
-<blockquote>
-
-<p>1. Heavy damage to cane crop of 1911
-by freeze.</p>
-
-<p>2. Damage to cane and other crops in 1912
-by drouth.</p>
-
-<p>3. Burning of certain shops in Rusk and
-Huntsville prisons, the losses aggregating
-$286,931. Neither the indebtedness nor operating
-account were affected to the full amount
-of this loss, for only about $60,00 was expended
-in replacements. But both indebtedness
-and operating loss were further swelled,
-to an unmeasured extent, by reason of the
-interruption and disorganization of industries;
-for a time there was no work for many of the
-convicts to do.</p></blockquote>
-
-<p>There was also evidence in the investigation
-to show that the plan of organization
-was imperfect. For one thing, the
-commissioners were serving under the
-statute, with their terms limited to two
-years, and they were therefore subject to
-removal in the event of change in the
-office of governor. Also, under this law,
-they were serving in the dual capacity of
-directors and executive officials. The
-system, therefore, had three heads of co-equal
-authority. Much of the testimony
-indicated that this system did not work
-well. The men who wrote the prison
-bill in 1910 did not originally intend
-to provide such a system, but
-at the last moment they changed
-their bill in response to an eloquent plea
-in behalf of the “commission form of
-government.”</p>
-
-<p>When the present Legislature met in
-special session in July, 1913, prohibition
-was still an active issue. Moreover, there
-were rumors that Governor Colquitt and
-former Governor Campbell would contest
-for a seat in the United States Senate
-in 1916, or earlier should an opportunity
-arise. Notwithstanding these
-difficulties or diversions, the Legislature,
-upon the whole, seemed sincerely desirous
-of providing a solution of the prison
-system problem. There was, however,
-<span class="pagenum"><a name="Page_8" id="Page_8">8</a></span>
-no leadership upon the subject which any
-considerable number of the members
-seemed willing to follow. Indeed, the
-leaders were not in agreement. Most of
-the members confessed their ignorance of
-the subject, but in this situation many of
-them offered remedies of their own devising.
-Pride of authority flourished. It
-had become quite the style to advocate
-“humanitarianism;” accordingly many
-impracticable propositions were advanced.
-Most of these were rejected; some found
-their way into the bill finally passed.</p>
-
-<p>This bill provided that the members of
-the prison commission should hold office
-for six years, their terms lapping; that
-they should be paid $1,200 a year each,
-and should not be required to give all
-of their time to the service. In other
-words they were to act as a board of
-directors. They were authorized to appoint
-a general manager, and were not
-limited to the State to find one. This
-general manager was to receive not more
-than $6,000 a year, and to have full
-authority to employ and remove all other
-officers and employees of the system.
-The bill also modified most of the provisions
-of the act of 1910 which had been
-criticized; the limitation upon the hours
-of labor was slightly modified, and the
-per diem requirement was repealed. The
-provision of the law authorizing whipping
-within limitations and with certain
-safeguards was permitted to stand.</p>
-
-<p>These features were in line with the
-recommendations of Governor Colquitt,
-but he vetoed the bill because of other
-provisions. One of the objectionable
-features, this in lieu of the per diem requirement,
-was an elaborate scheme for
-profit-sharing as between the State and
-the prisoners. Many members of the
-Legislature and many citizens as well,
-thought it ludicrous to embark upon a
-system of profit-sharing at a time when
-there were no profits to be shared, and
-to bind the State to stand all losses while
-sharing the profits of prosperous years.
-My personal opinion is that the scheme,
-in the circumstances and in its detail, was
-chimerical.</p>
-
-<p>Subsequent to the adjournment of the
-special session, as I have heretofore
-stated, a new prison commission was appointed,
-this time for six years’ terms
-under the constitution. W. O. Murray,
-a successful merchant of Floresville, is
-the chairman. He served fourteen years
-in both branches of the Legislature, devoting
-himself, as chairman of the Committee
-on Appropriations, to the fiscal
-affairs of the State, and he resigned from
-the Senate to become the chief officer of
-the prison system. The second new member
-is C. J. Bass of Terrell, also a successful
-merchant. The third new member
-appointed is W. O. Stamps, a well-to-do
-farmer and saw mill man of Upshur
-county. Mr. Stamps served two terms
-in the  Texas Legislature and was a
-member of the special committee which
-investigated the prison system in 1909.
-He is not exercising the functions of the
-office to which he was appointed, for the
-reason that Commissioner Tittle claims
-title to the place, and has been sustained
-in this contention by a district judge.
-The prison organization therefore will remain
-incomplete until the court of last
-resort has passed upon the case.</p>
-
-<p>The new board is assisted by an appropriation
-of $1,350,860.27 to pay debts,
-half of it not to become available until
-September 1, 1914. It will not clear up
-all of the indebtedness. The total amount
-appropriated to the prison system since
-the act of 1910 became effective is
-$2,210,860.27.</p>
-
-<p>The indebtedness has increased since
-January 1, 1913, if payments made out
-of appropriations from the State treasury
-are not considered, but a fair statement
-of present indebtedness or of losses
-from operation in 1913 cannot be made
-until the farm products of 1913 have been
-sold. Cane is harvested during the early
-winter.</p>
-
-<p>It is known, however, at this time that
-the crops of 1913 have not turned out
-well and that the results of the year’s
-operations will show on the wrong side
-of the ledger. Nevertheless, it is inevitable
-that a large sum must be expended
-to plant and cultivate a new crop in 1914,
-the returns from which will not be received
-until late in the year.</p>
-
-<p>The losses have been increased
-through damage to the plantations
-through the recent floods of the Brazos
-<span class="pagenum"><a name="Page_9" id="Page_9">9</a></span>
-River. It is estimated that such damage
-will amount to $500,000. The indebtedness,
-however, has been reduced in effect
-through a recent opinion of the Attorney
-General, holding that the law authorizing
-per diem payments to convicts is unconstitutional.
-The Prison System owed
-the convicts quite a large sum of money
-upon account of per diem, and this indebtedness
-has in effect been wiped off
-the books through the Attorney General’s
-opinion.</p>
-
-<p>In this situation, it is believed that
-Governor Colquitt will again convene the
-Legislature in special session in January
-to further deal with the problem.</p>
-
-<p>In my opinion, the chief needs of the
-prison system are a plan of organization
-of the sort which the Legislature sought
-to provide in its recent act; abandonment
-of the big plantation scheme, and adequate
-operating capital. Many penologists
-coming to Texas from other states
-have praised the big plantation scheme;
-the idea of working prisoners in the open
-air and under “God’s sunshine,” rather
-than in shops, appeals to them. A more
-intimate knowledge of the plantation system
-might convince these persons that its
-alleged excellences are largely moonshine.
-It should be remembered, for one thing,
-that most men in Texas, whether in
-shops, stores or offices, get more open
-air and God’s sunshine than do persons
-engaged in similar pursuits in more
-northerly latitudes. I believed that the
-big plantation system was bad even when
-it was financially profitable, or seemingly
-so. It has now ceased even to be profitable.
-Heretofore, few people agreed with
-my criticism of this system. There have
-been converts; yet, I am frank to say that
-not a very great number of persons are in
-agreement with me. Many now are opposed
-to operating the plantations now
-owned by the State, but most of these
-would have the State buy other large
-farms in a different section, abandoning
-the growing of sugar-cane.</p>
-
-<p>Practically all of the able-bodied convicts
-of the prison system have been put
-to work on the plantations regardless of
-their former occupations and regardless
-of their inclination to flee or to foment
-trouble. The four big plantations are
-situated in the valley of the lower Brazos
-River, in a wooded country which invites
-escapes. Consequently, it is necessary to
-have a veritable army of officers and
-guards. The pay-roll is enormous, although
-individual compensation is small.
-Because the compensation is small there
-is a constant shift in the guard personnel.
-As a rule most of the guards are unfit
-for the service. This assertion is supported
-by the testimony of a number of
-the officers of the system. Yet the convicts
-are directly and wholly in the charge
-of these guards the greater part of the
-time, sometimes being miles away from
-headquarters and officers.</p>
-
-<p>The plantations are in a rainy country;
-the heaviest work of the year, cane harvesting,
-is done at a season when the
-weather generally is inclement. It is true
-that free labor encounters the same conditions,
-but it is practicable for free labor
-to go to shelter, while impracticable to
-move large forces of convicts expeditiously.
-Moreover, free labor, as its
-name implies, is free to lay off when it
-so desires; prisoners, as the word implies,
-cannot do this.</p>
-
-<p>The Rusk and Huntsville prisons have
-cells in which usually one, and not more
-than two convicts, are kept. But only
-16 per cent. of the total number of convicts
-are in these prisons. All others are
-on the plantations. The act of 1910 called
-for fireproof cell buildings on the plantations,
-but it did not provide funds
-wherewith to build them. Moreover, the
-prison commissioners, like their predecessors
-in office, deemed it impracticable
-and unnecessary to provide such buildings.
-Accordingly the new buildings
-which they have erected are of the old
-type, plus some improvements. These
-farm prison buildings are good of their
-kind, but the kind is bad.</p>
-
-<p>They are wooden dormitory buildings.
-In each dormitory a large number of convicts
-are housed, sometimes more than
-100. They commingle and converse freely
-within certain hours. Among the convicts
-in every camp there are agitators,
-“congressmen” their fellows call them.
-The conditions are such as to permit, if
-not indeed, to invite, immoral practices,
-conspiracy and mutiny.</p>
-<p><span class="pagenum"><a name="Page_10" id="Page_10">10</a></span></p>
-<p>The efforts to employ practically all the
-able-bodied convicts on the farms, to cultivate
-a large acreage, and to meet the
-varying demands for labor—this latter
-necessitating frequent transfer of convicts
-from plantation to plantation, and
-from shops to the farms—has practically
-defeated efforts at classification of prisoners
-as was required by the act of 1910.</p>
-
-<p>I do not see much hope for the Texas
-prison system unless provision shall be
-made for a business like organization; unless
-there shall be substituted for the
-plantation system a line of industries
-which will admit of the convicts being
-under the actual control of competent and
-suitable officers instead of incompetent
-and poorly paid guards, nor unless adequate
-operating capital shall be provided.</p>
-
-<p>In view, however, of the experiences
-here detailed, I am fearful that before
-such reforms shall be enacted the people
-will grow weary of footing the bills and
-will permit a restoration of the contract
-or lease system, possibly in disguise. The
-present situation is not unlike that of
-1870 when the lease system was adopted.</p>
-
-<hr />
-
-<h2>THE PRISON SHIP “SUCCESS”</h2>
-
-<p>There is now being exhibited along
-the Atlantic coast the oldest and
-strangest craft afloat in the world
-to-day. This is the old British convict
-ship “Success,” now the only
-survivor of the “Ocean Hells,” as
-the ships of England’s fleet of felon
-transports were called in the first half
-of the last century.</p>
-
-<p>Built in 1790, at Moulmain, by the
-old pagoda “looking eastwards to the
-sea,” the “Success” is now 123 years old.
-No ship of anything like her great age
-to-day is seaworthy, yet this old hulk
-under her own sail has succeeded in
-crossing the Atlantic, her time of 96
-days, however, creating no new record.</p>
-
-<p>Massively built throughout of solid
-Burman teak, the “Success” was first
-launched as an armed East India merchantsman
-with beautiful brass guns
-bristling from her sides and fitted handsomely
-for the reception of princes, nabobs
-and the wealthy traders of the
-Orient, whose goods, spices, aromatic
-teas, ivories, jewels and other costly
-luxuries she carried over the seven seas
-to the ends of the earth. Her tonnage
-is 589, and she is 135 feet long and 29
-feet beam. Her solid sides are 2 feet 6
-inches thick at the bilge, and her keelson
-is a solid teak baulk of tremendous
-thickness, with sister keelsons little less
-massive. Her square cut stern and
-quarter galleries stamp her at once with
-the hall-mark of antiquity, and her bluff
-bow shows that she could never have
-distinguished herself for a high rate of
-speed.</p>
-
-<p>Yet pains were taken to make her trim
-and smart, and fit to hold a leading place
-among her sister ships of the Anglo-Indian
-fleet. Remnants of great gilded
-scrolls upon a rich blue ground have been
-brought to light, on scratching away the
-super-imposed coating. The quarter galleries,
-too, were originally decorated with
-massive and artistic carvings. Escutcheons
-can easily be traced at regular intervals
-from stem to stern, and the fo’c’sle
-head, raised high aloft forward, bears at
-its extremity a symbol of innocence and
-beautiful womanhood in the original
-figurehead of exquisite design—a strangely
-inappropriate emblem in the days
-when crime-stained convicts in clanking
-chains put to flight all thoughts of innocence
-and beauty.</p>
-
-<p>Broken only by an occasional conflict
-with a pirate craft, the “Success”
-had an honored life on the ocean until
-1802, when she was first chartered by the
-British Government to transport to Australia
-the overflow of the home jails, the
-unfortunate wretches who at that time
-were sentenced to from seven years to
-the term of natural life for offenses that
-would now be considered trivial and petty,
-warranting at most but a small fine.</p>
-
-<p>Some of the greatest writers of the
-19th century devoted their pens to horror-compelling
-descriptions of the voyages
-of the felon-fleet, of which the
-“Success” was in her day the commodore
-<span class="pagenum"><a name="Page_11" id="Page_11">11</a></span>
-or principal devil-ship. “The Convict
-Ship” described by Clark Russell in his
-novel of that title is in every detail an
-exact picture of the “Success” as she is
-to-day, unchanged after all her years,
-nothing being omitted but her human
-freight and their suffering from the
-cruelties and barbarities perpetuated upon
-them. In “Moondyne,” too, John Boyle
-O’Reilly described at first hand the
-“Hugomont,” a sister ship to this ocean
-hell, with a faithfulness which anyone on
-visiting her must realize.</p>
-
-<p>The human cargoes on these convict
-ships died off like rotten sheep. Here
-is an extract from an official record of
-the maiden trip of the “Success” as a
-convict ship. Dr. White, the colonial
-surgeon, reported:—</p>
-
-<blockquote>
-
-<p>“... of 939 males,” he says, in 1802,
-“sent out by the last ships, ‘Success,’ ‘Scarborough’
-and ‘Neptune,’ 251 died on board,
-and 50 have died since landing, the number of
-sick this day is 450, and many who are reckoned
-as not sick have
-barely strength to attend
-to themselves.”</p></blockquote>
-
-<p>In a further portion of his report, describing
-his first boarding of the “Success,”
-Dr. White said that he found dead
-bodies still in irons—nearly all convicts
-made the full voyage, often lasting nine
-months, heavily ironed—below amongst
-the crowds of the living. Here is his
-own words:—</p>
-
-<blockquote>
-
-<p>“A greater number of them were lying some
-half, and others quite naked, without bed or
-bedding, unable to turn or help themselves.
-The smell was so offensive I could hardly bear
-it. Some of these unhappy people died after
-the ship came into the harbor before they
-could be taken on shore. Part of these had
-been thrown into the harbor and their dead
-bodies cast upon the shore, and were seen lying
-naked upon the rocks. The misery I saw
-amongst them is inexpressible.”</p></blockquote>
-
-<p>Engaged in this hideous trade, the
-“Success” continued to serve until 1851,
-in which year she was permanently stationed
-as a receiving prison in Hobson’s
-Bay, Australia.</p>
-
-<p>Cells, strong and gloomy, were constructed
-on the ’tween and lower decks,
-and in these the most desperate criminals
-that England and Australia could produce
-were “accommodated.” The lower
-deck was devoted to the very worst type
-of convicts, and only prisoners of the better
-class confined in the ’tween deck cells.
-“Refractory” prisoners were immured
-throughout the long days and nights in
-the noisome dungeons in the dark depths
-of the lower hold, and were never allowed
-on shore on any pretext. Their
-only exercise and opportunity of enjoying
-a breath of fresh air was restricted to one
-hour in every twenty-four, when they
-were marched from stem to stern upon
-deck. The exceptionally high bulkwarks
-prevented them seeing aught but the strip
-of blue Australia sky directly overhead;
-the white-winged gulls, as they glided
-over the vessel, seemed to mock the
-prisoners in their heavy chains. From
-long confinement in the dark cells the
-eyesight of the convicts was generally
-ruined.</p>
-
-<p>The corner cells on either side of the
-lower deck are the dreaded “Black
-Holes,” in which prisoners who had been
-guilty of some breach of discipline or
-fractious conduct were punished by solitary
-confinement lasting from one to one
-hundred days. These small and tapering
-torture-chambers measure only two feet
-eight inches across. The doors fit as
-tight as valves and close with a “swish,”
-excluding all air except what can filter
-through the perforated iron plate that
-was placed over the bars above the door,
-in order to make the hole as dark and
-oppressive as possible. A stout iron ring
-is fastened knee high in the shelving back
-of the cell, and through this ring the right
-wrist of the prisoner was passed, and
-then handcuffed to the left hand; the
-consequence was that he was thus prevented
-from standing upright or lying
-down, but was obliged to stoop or lean
-against the shelving side of the vessel as
-it rolled to and fro on the restless waters
-of the bay. Starved, beaten and abused
-as they were, the wonder is that so many
-of even the prisoners were able to endure
-punishment as they did.</p>
-
-<p>In 1857 the disclosures that had been
-made of the brutal and inhuman treatment
-meted out to prisoners created a
-fierce outcry in Australia, amounting almost
-to revolt against the English Government,
-and resulted in the abandonment
-of the hulk system. For some years
-<span class="pagenum"><a name="Page_12" id="Page_12">12</a></span>
-later—from 1860 to 1868 the “Success”
-was used as a women’s prison; then she
-became successively a reformatory ship
-and ammunition store, and later all the
-prison hulks were ordered to be sold on
-the express condition that they were to be
-broken up, and their associations lost to
-the recollection of the residents of Melbourne.
-By a clerical error, however,
-that condition did not appear upon the
-terms of sale of the “Success.” Hence
-she became the only British convict ship
-afloat. It was not until 1890, however,
-that she appeared before the public as an
-exhibition ship. In 1892 a gang of Sydney,
-N. S. W., residents stealthily boarded
-her to revenge themselves for the
-outrage on their pride caused by
-the exhibition of their ancestors, and
-all the figures were mutilated beyond
-repair. The figures were replaced,
-but in order to make their work
-more certain she was again attacked,
-scuttled and sunk in Sydney Harbor, but
-after the lapse of some years and at
-enormous expense her owners raised her,
-and since then she has been on exhibition
-not only in the Antipodean colonies, but
-has circumnavigated Great Britain and
-Ireland twice, and been shown five times
-in London. Her visitors have numbered
-over 15,000,000 people, and have included
-the King of England, the Prince of
-Wales, the Prince and Princess Henry of
-Battenburg, and other members of the
-royal family, the German Emperor, Captain
-Dreyfus of Devil’s Island, Lord
-Charles Beresford, the late Mr. W. E.
-Gladstone, and other “notabilities.”</p>
-
-<p>In 1912 she attempted what was perhaps
-the greatest feat in all her remarkable
-career—that was, to make the passage
-across the Atlantic under her own
-sail, unaccompanied by tug or steamer.
-The shipping world was aghast when the
-voyage was projected. “Impossible,”
-said every man that ever sailed the seas
-in ships, “that this century and a quarter
-old hulk could brave the spring hurricanes
-of the western Ocean!” Lloyds
-refused her insurance, the British Government
-refused her clearance and sea-captain
-after sea-captain refused her command,
-but finally a stout old skipper, Captain
-John Scott, and a gallant crew of
-adventurous souls under the command of
-Captain D. H. Smith, the owner, hoisted
-sail and took her out of Glasson Dock on
-the very day that the ill-fated “Titanic”
-sailed from the port of Southhampton.
-For 96 days she battled bravely, her
-staunch old hull defying the crashing
-gales and mountainous seas and at length
-made port in Boston Harbor with a crew,
-worn out and half starved but bravely
-triumphant, to the applause of press and
-public, who likened the splendid feat to
-the epoch-making voyage of Christopher
-Columbus.</p>
-
-<p>Since then the “Success” has exhibited
-in Boston, Providence, New York, Asbury
-Park, Philadelphia and is now being
-shown in southern seaports.</p>
-
-<hr />
-
-<h2>PROGRESS IN MASSACHUSETTS</h2>
-
-<p class="center"><span class="smcap">By Warren F. Spalding</span></p>
-
-<blockquote>
-<p class="center">Secretary, Massachusetts Prison Association, and Member State Parole Board</p></blockquote>
-
-<p>The legislation actually enacted during
-1913 constituted but a small part of
-the progress made in prison reform. A
-combination of circumstances caused a
-reference to the next Legislature of many
-measures which had the hearty approval
-of the leaders in both branches. The reorganization
-of the prison commission,
-late in session, led to the postponement.
-It was felt that the new board should pass
-definitely upon the proposed legislation.</p>
-
-<p>Governor Foss outlined in messages to
-the Legislature a program for prison reform,
-the spirit of which is likely to be
-the basis of future Legislation. The most
-important of his recommendations is that
-the State assume the control and administration
-of all the county prisons, on the
-ground that crime is against the State and
-not against counties, and that the care of
-criminals is a function of the State. This
-would make it possible to classify both
-prisons and prisoners.</p>
-
-<p>If the prisons are to remain in the control
-<span class="pagenum"><a name="Page_13" id="Page_13">13</a></span>
-of the State, he recommended that all
-the long-term men be gathered in a few
-of them, and that schools which should
-give both mental and manual training be
-established, at the expense of and under
-the control of the State, making the reformation
-of such men the definite purpose
-of imprisonment.</p>
-
-<p>The State prison buildings are old, and
-the construction of a new prison has been
-under consideration for several years.
-To the mind of the Governor no steps in
-this direction should be taken until the
-entire felon population of the State has
-been studied, with a view to the construction
-of buildings which will provide
-for the classification of such offenders,
-and the establishment of a system of
-grading and separation of men who need
-different methods of treatment. This
-may involve the use of the modern part
-of the present prison for the worst men,
-and the construction of new buildings
-elsewhere, for other classes, with ample
-facilities for outdoor work for those who
-can be trusted. The Concord reformatory,
-built originally for a State prison,
-and well adapted for it, could be used
-for the State prison. If that should be
-done, it would be possible to have a new
-reformatory, built to fit reformatory
-work. The buildings of the reformatory
-at Sherborn are wholly unfit for such an
-institution, and the construction of smaller
-buildings on the reformatory plan is
-one of the possibilities.</p>
-
-<p>It is expected that the prison commission
-will report upon these matters to the
-next Legislature.</p>
-
-<p>Of completed legislation, the most important
-measure passed in several years
-is the law establishing a board of parole.
-Heretofore the prisoners in the State
-prison and the two reformatories have
-been paroled by the prison commission.
-The work has been done in a mechanical
-way, solely on the basis of the conduct
-of the prisoner, his fitness to return to
-the community receiving little if any consideration.
-Comparatively little attention
-was given to the supervision on paroled
-prisoners, so long as they did not commit
-new crimes.</p>
-
-<p>The new parole board is required to see
-all prisoners who are to be paroled, and
-is making fitness for free life the main
-consideration in releasing. Its members
-are paid for their work and can therefore
-give to it all the time needed. When the
-work is fully in hand, it will have information
-covering the entire history of
-every prisoner, enabling it to pass intelligently
-upon the case. The prison commission,
-which has the supervision of
-paroled prisoners, is changing its
-methods, and eventually will know the
-whereabouts and conduct of every individual.</p>
-
-<p>The requirement that men shall become
-fit to be released is likely to lead to
-changes in the prison system, as it is
-manifestly unfair to require men to improve
-in confinement unless the State provides
-the means for improvement, and
-makes that the first purpose in dealing
-with them.</p>
-
-<p>The treatment of criminal drunkenness
-has attracted much attention recently.
-There is general dissatisfaction with present
-methods—short sentences for punishment—and
-a feeling that “drunks” should
-be separated from other offenders. On
-the recommendation of the Governor, a
-commission was created to study the
-whole subject of drunkenness and its
-present treatment.</p>
-
-<p>In 1911 a law was passed, authorizing
-the establishment of departments for
-“defective delinquents,” with a view to
-segregating those offenders whose crimes
-were due to mental inferiority. No appropriation
-was made however, and nothing
-could be done. The Governor recommended
-the erection of buildings at the
-State farm, and at the reformatory for
-women, but the Legislature, instead,
-authorized the Governor and council to
-lease buildings for the purpose. Though
-the new jail at Fall River, never opened,
-is not specified, it seems plain that the
-intention was to use that. It is doubtful
-however if it will be found suitable.</p>
-
-<p>An important change was made in the
-law authorizing a suspension of sentence
-in cases of minor offenders who have
-been sentenced to pay fines. The old law
-permitted this, but many judges used the
-power in comparatively few cases. The
-new law compels courts to put fine cases
-on probation, giving the offender time to
-<span class="pagenum"><a name="Page_14" id="Page_14">14</a></span>
-pay, unless it is believed that he will default.
-It is expected that this will greatly
-reduce the number of commitments for
-non-payment of fines.</p>
-
-<hr />
-<h2>COMMISSIONER RANDALL’S REPORT</h2>
-
-<blockquote>
-
-<p>[When the man that people like to speak of as “Frank” Randall went to Massachusetts from Minnesota as
-chairman of the Massachusetts Prison Commission it was expected that he would be “frank.” Here is a summary,
-from the Boston Herald of parts of Mr. Randall’s first annual message.]</p></blockquote>
-
-<p>In an interview given the first of the
-year by Frank L. Randall, the new chairman
-of the Massachusetts Prison Commission,
-he made several suggestions for
-the improvement of the penal system of
-Massachusetts.</p>
-
-<p>In his six months’ service he has been
-taking stock of the situation. While he
-has found many things that warrant the
-pride the State has in her penal institutions,
-he has found also not a few
-serious problems of which the general
-public know little or nothing. He pays
-high tribute to the sheriffs and others
-engaged in the penological work of the
-State. But he discusses a large number of
-suggestions as to the supervision of the
-prison industries of the commonwealth,
-the indeterminate sentence, the trying out
-of applicants for employment as guards
-and in other capacities, the pardoning influence
-of the wardens and superintendents,
-and especially as to the very large
-number of persons on parole, of whom
-the State has lost track altogether.</p>
-
-<p>“Did you know,” he asks, “that in this
-State there are 1,056 persons from the
-State reformatory, 217 from the State
-prison and more than 200 from the
-woman’s prison who ought to be making
-regular monthly reports to the proper
-authorities but of whom the State knows
-little or nothing?</p>
-
-<p>“This is a very serious situation. According
-to the records all these persons
-were paroled. The terms of the parole
-in each and every case was a regular
-report every month, that the prison officials,
-representative of the power and
-supervision of the State, might know exactly
-the situation of each convicted
-person who has been liberated upon obligation
-to keep the State informed of his
-movements.</p>
-
-<p>“Some of these persons have never
-rendered a single report. Others have
-reported for a time, and then ceased to
-trouble themselves about the matter. In
-very many cases their whereabouts is unknown.</p>
-
-<p>“Now the sentences of these persons
-have not expired. They are still nominally
-in the charge of the State, which
-has granted them their liberty upon conditions.
-There ought not to be a single
-such case. In no instance should the
-State be ignorant of the whereabouts of
-a prisoner unless he is a fugitive from
-justice. These persons may not be
-classed as fugitives, and their sentences
-have not expired, yet the State has no
-trace of them.</p>
-
-<p>“This situation certainly shows a flaw
-in our system and a serious one.</p>
-
-<p>“I am strongly of the opinion that the
-prison industries of the State ought to
-be differently managed.</p>
-
-<p>“Our boards now are primarily concerned
-with the welfare of the prisoners,
-and properly so. The welfare of the
-inmate of a penal institution must come
-first. But there is a service to the State
-which he is rendering, and it is the part
-of business efficiency to make that service
-as large and of as good quality
-as possible.</p>
-
-<p>“The industries of the penal institutions
-of the State are not managed in a
-business way. Here are hundreds of
-workers making thousands of dollars’
-worth of goods, and no one who is expert
-in business affairs is held responsible
-for the administration of this industrial
-system. The wardens and the superintendents
-look after these details as
-one of their duties. But neither they nor
-any other official can devote the time
-and attention to these industries which
-they ought to have in order that the
-State may get from them the largest return
-and the workers themselves derive
-from them the greatest benefit for themselves.</p>
-
-<p>“The one officer who now gives
-<span class="pagenum"><a name="Page_15" id="Page_15">15</a></span>
-all his time to the concerns of the penal
-system is the chairman of the board, and
-he has a multitude of matters to occupy
-every moment. There ought to be some
-person of commercial ability, a trained
-business man, who should give his whole
-time to the dollars and cents of the
-penal establishment of the State. Let
-the commissioner give his attention predominantly
-to the humanitarian side of
-the work. But let us have a trained
-expert who shall develop new industries,
-improve the system of marketing
-the product, and look in general after
-the business side of the prisons just as
-the superintendent looks after these matters
-in any private enterprise. It will
-pay the State to consider this matter.”</p>
-
-<p>As he proceeded in his discussion of
-these problems it became more and more
-evident that to the commissioner prison
-service ought to be a life work, a professional
-occupation, to which men
-should give their lives, just as they go
-into law or medicine, and that this
-should be the case with the guards as
-well as with the wardens and the heads
-of the penal system of States. This appeared
-in his discussion of the warden’s
-influence on the granting of pardons.</p>
-
-<p>“I myself got caught by my ignorance
-of one of the kinks in the laws of the
-country some years ago,” he said. “It
-was this way. Out in Minnesota
-there was an Indian boy in prison who
-was dying of tuberculosis. I investigated
-his case, saw the proper parties,
-and went to the executive with a plea
-for pardon that the lad might go where
-there was a chance for the recovery of
-his health. I had the influence of senators
-and prominent men. And at the
-last minute I found that I could not get
-anything done because my name appeared
-upon the petition.</p>
-
-<p>“You see, it is assumed that it is not
-wise for the guard or the warden to be
-in any way friendly with his prisoners
-and at the same time to have influence
-for the securing of pardons. He might
-try to use his influence for the advantage
-of his favorites, and give them their
-liberty, not because they were ready for
-it, but out of personal reasons. That
-was the old thinking on the subject.</p>
-
-<p>“But the new thinking is better. If
-you have the right kind of warden there
-will be no danger of the abuse of any
-such power. He will be so sincere a
-friend of each and every prisoner that
-he will not use his influence to free a
-man until he is sure the convict is ready
-to return to society with safety to himself
-and to his fellowmen. When you
-have that kind of warden his opinion
-will be the very best that it is possible
-to have.</p>
-
-<p>“The same point applies in the case of
-the guard. The old theory is that the
-guard must not talk with a prisoner except
-on matters of discipline. He might
-become interested in a prisoner and that
-would be bad for discipline. The new
-and better idea is that we should have
-guards who mean to make penology a
-serious professional occupation, a life
-career, and then their attitude toward a
-prisoner changes entirely, and the danger
-of favoritism disappears.</p>
-
-<p>“In most cases when a man applies
-for a place as guard we look him over
-and tell him to put on a uniform if he
-bears scrutiny. He may pass some simple
-tests in a civil service examination.
-But what about his temperamental fitness
-for the responsibility of the care
-of prisoners? That is, perhaps, the most
-important qualification. As it is, we
-have no means of determining it.</p>
-
-<p>“I wish we might have some sort of
-central agency for the trying out of
-prospective guards. When they have
-made good and manifested a disposition
-seriously to study and practice the science
-of penology then they become very
-valuable to the State. Men who go into
-the occupation as a makeshift are expensive
-to the State in the long run. If
-we could test him in practice the credentials
-a man would bring from that
-central clearing house would be the best
-possible guarantee of fitness.</p>
-
-<p>“The science of penology in this country
-has advanced with very rapid strides.
-But the art of penology has not kept
-pace with it. And the reason is suggested
-in what I have said. There are
-too few who mean to make penology
-a real career. What we need is the type
-of man who can see the possibilities of
-<span class="pagenum"><a name="Page_16" id="Page_16">16</a></span>
-service to the State in his kind of work.</p>
-
-<p>“Another matter which has been already
-a subject of study with me here
-in Massachusetts is the practice we have
-of mixing in our institutions two classes
-who ought to be kept apart. We have
-the workhouse cases and the prison
-cases. The former will include probably
-the older and the more confirmed offenders,
-many who are less hopeful of
-reformation, the careless and the professionally
-delinquent. They come and
-go and come back again quite as a matter
-of course.</p>
-
-<p>“But very many of the prison cases
-will be younger persons convicted of
-more serious offences. They will include
-many who can be appealed to, that are
-not confirmed in crime, who will respond
-to influence of the proper sort.</p>
-
-<p>“Now, it is not good policy to mix
-these cases. The one class comprises
-many who are glad to be fed and lodged
-and sheltered by the State. The others
-must not be permitted to learn to think
-of themselves as thus, subjects of the
-State’s care.</p>
-
-<p>“I would have these men sentenced
-indeterminately, not to be released until
-it is evident that they are ready for
-liberty. They must be treated as individual
-cases and adjustments must be
-made in each instance. I would place
-their release in the discretion of certain
-officials who may be presumed to be
-best prepared to say whether or not they
-are ready for release.”</p>
-
-<p>In general Mr. Randall referred to the
-need of the removal of the work of
-prison officials from all political and
-partisan influences and control. He
-named the State of Ohio as a community
-which has lately taken a very advanced
-step in penal legislation. The
-State of Illinois was referred to as an
-example of precisely the opposite sort.
-The commissioner told of his experiences
-in attending the annual meetings
-of the prison workers of the country,
-when year after year there will appear
-different sets of officials from the same
-city or State. “How can there be any
-real progress, or any development of the
-art of penology, when there is so little
-tenure of office?” he asked with a smile.</p>
-
-<p>“This country,” he added, “is regarded
-all over the world as a great laboratory
-where all sorts of theories have a
-chance to be tried out. This is because
-of our federal system. The United
-States has nothing to do except with a
-few federal prisons. Each State of the
-forty-eight has its own penal institutions.
-Thus, as you go about the country you
-may see almost every sort of plan, the
-most advanced and the most belated, in
-operation. For that reason deputations
-from foreign countries are sent here
-often for observation and study. Massachusetts
-ranks high, and deservedly so,
-although there are many opportunities
-for improvement.</p>
-
-<p>“One thing that must be remembered
-is this, that it is almost impossible to
-tell in advance how a plan is going to
-work. It may be wrought out with
-great care. But we have human nature
-to deal with, and exceptions to rules
-occur pretty frequently. Often a seemingly
-unimportant provision may prove
-very valuable. Then it must receive the
-place of importance that it deserves,
-and be adapted to varying conditions
-everywhere. And often what has seemed
-to be important will turn out to be of
-very subordinate consequence.”</p>
-
-<hr />
-<h2>VERMONT’S STATE PRISON IN “THE HONOR
-SYSTEM LINE”</h2>
-
-<blockquote>
-
-<p>[The Boston Globe has recently published the following article. Warden Lovell of Windsor seems to be running
-Sheriff Tracy a close second.]</p></blockquote>
-
-<p>Wilson S. Lovell, the superintendent
-of the Vermont State Prison at Windsor,
-has advanced ideas concerning the management
-of convicts.</p>
-
-<p>“When I can’t treat them like human
-beings,” he says, “I’ll give up the job.”</p>
-
-<p>Certainly his prisoners have privileges
-not generally accorded elsewhere
-to offenders against the law who are
-serving sentences.</p>
-
-<p><span class="pagenum"><a name="Page_17" id="Page_17">17</a></span></p>
-
-<p>They are permitted to keep razors
-and to shave themselves.</p>
-
-<p>If an occupant of the electrically lighted
-cells doesn’t like the white-wash on
-the walls, he can replace it with a paint
-of cheerful red or any other color which
-does not offend his artistic eye.</p>
-
-<p>Many of the men, who have nearly
-served out their terms, work about the
-town under a keeper and on the prison
-farm. For the work about town they
-receive approximately 50 cents a day for
-their own personal use.</p>
-
-<p>The prison cows are driven out to
-pasture, some distance from the institution,
-but there is nothing in the garb or
-manner of the persons who drive them
-to suggest that they are convicts, but
-nevertheless they are. They are allowed
-to go unattended—in a word are trusted—put
-on honor.</p>
-
-<p>The women inmates, who do all the
-housework of the prison with the exception
-of the cooking, which is done by the
-men, have unprecedented liberties.</p>
-
-<p>They are allowed all over the place.</p>
-
-<p>One can see them of a morning carrying
-baskets of clothes to the clothes-yard
-outside the walls.</p>
-
-<p>They gather raspberries and strawberries
-in the prison garden, which is
-unsurrounded by any barrier.</p>
-
-<p>In the afternoon, when their work is
-done, they are at liberty to read, crochet
-or sew in their rooms, which are
-all in a separate building, and quite as
-airy and well furnished as those of the
-officials.</p>
-
-<p>Supt. Lowell indulges them in automobiling,
-evenings, taking them out three
-or four at a time, and when there is a
-band concert on the village green they
-may be seen sitting on the benches of
-the lawn facing the street, attended by
-the prison matron.</p>
-
-<p>Either there is something in the old
-saying “honor among thieves,” or else,
-being treated so well, the prisoners have
-no desire to try to escape from their
-“happy home.” At any rate they seem
-well content, look well fed and well
-kept and are a credit to the “humane
-treatment.”</p>
-
-<p>Within the last two years there have
-been none on the sick list in the prison
-hospital.</p>
-
-<p>Before the advent of Mr. Lovell the
-prisoners filed in line to the yard three
-times a day, summer and winter, and
-received their bowls of soup or plates of
-hash through a slide which extended outside
-from the kitchen. Each one would
-then go to his cell and eat his portion.
-They now have a large dining room with
-long tables running the length of the
-room. Here they are fed upon “the fat
-of the land.”</p>
-
-<p>There is a splendid vegetable garden
-in the rear of the prison—the pride of
-Supt. Lovell’s heart. Such large, juicy,
-red tomatoes, rows of string beans, cucumbers,
-lettuce and watermelons, beets,
-squashes, cabbages, and below a field of
-sweet corn! All of these vegetables are
-used for the prisoners; nothing is sold
-outside.</p>
-
-<p>They are allowed from three to four
-ounces of meat a day. They eat molasses
-on their bread on week days, great
-glass jugs of it being placed at intervals
-on the long tables; but on Sunday they
-are given butter. On holidays, Christmas
-and Thanksgiving, etc., they have
-quite as good a dinner as any one, a
-turkey and “all the fixings.”</p>
-
-<p>The men of the prison are mostly
-engaged in making shirts. There is a
-long, well-lighted workshop, two stories
-high. The shop is exceedingly well
-equipped with electric lights, electric
-fans, electric flat-irons, sewing machines
-and cutting machines.</p>
-
-<p>At the rear of each man’s chair is a
-pail of water, a cake of soap, and on the
-back of his chair a towel. Under the
-long work tables, suspended by hooks,
-are small mirrors—the personal property
-of some of the vainer fellows. So the
-toilet is not neglected, but scrupulously
-attended to at the sound of the bell at
-noon, and at 5:30 in the afternoon.</p>
-
-<p>The men have a ten-hour day, beginning
-at 7:30 in the morning, taking a
-half-hour off at noon, and finishing at
-5:30 P. M.</p>
-
-<p>They seem interested in their work—looking
-up with good-natured smiles at
-the curious visitor.</p>
-
-<p>The men also make their own wearing
-apparel, everything but shoes and stockings.
-This work is done in the State
-workroom. Here they also repair their
-<span class="pagenum"><a name="Page_18" id="Page_18">18</a></span>
-shoes and darn their socks. They also
-use the room as a barber shop, but the
-old fashioned ideas of the shaven poll
-are done away with and the prisoner
-has just an ordinary haircut.</p>
-
-<p>An interesting feature is the store of
-the prison. In it are the various specimens
-of the handiwork of the prisoners.
-These are for sale, and comprise watch
-chains, charms, and hat pins in onyx,
-carved wooden boxes, strange wooden
-birds with spotted wings, and worsted
-mats.</p>
-
-<p>One of the prisoners, who never took
-a drawing or painting lesson in his life,
-has painted a picture of the River Dorderecht,
-Holland. It is well drawn, and
-the coloring is extremely good for an
-amateur.</p>
-
-<p>There is a chapel in connection with
-the prison, and here, on Sunday mornings
-at 9 o’clock, service is held, and
-visitors are welcome. The choir is composed
-of some of the prisoners. The
-women are excluded from the service,
-having one of their own in the afternoon,
-to which the public is not invited.</p>
-
-<p>Mr. Ford, the white-haired chaplain,
-calls the men “my boys,” and he certainly
-seems to have a wonderful influence
-over them.</p>
-
-<p>Evenings they sit in their cells reading
-by electric light, or engaged in making
-various things to sell, for which,
-when sold, they receive the money. At
-about 8 P. M. the guard, carrying a
-lighted torch, proceeds along the tiers
-in the men’s section and stops at each
-cell to give the occupant light. They are
-allowed to smoke a pipe, and the tobacco
-is furnished by the prison authorities.</p>
-
-<p>An unusual privilege is an opportunity
-to procure little outside luxuries
-with any money which they may have
-earned. Every Wednesday the warden
-or the chaplain makes the rounds of the
-cells and inquires of each one what he
-would like to have purchased. In this
-way they acquire many little comforts
-which they otherwise would not have.</p>
-
-<h2>LEGISLATION IN KANSAS</h2>
-
-<p class="center"><span class="smcap">By J. T. Howe</span><br />
-
-<small>Secretary State Board of Control.</small></p>
-
-<p>The last Kansas Legislature made few
-changes in the laws regulating the treatment
-and government of prisoners in the
-several prisons. The State has always
-endeavored to treat its prisoners as humanely
-as possible, and but few laws
-were ever passed relative to this because
-the prisons are under a board that has
-authority to make all necessary rules for
-governing these institutions.</p>
-
-<p>The principal changes made by the
-last Legislature were in the scope of the
-several boards. The penal institutions,
-namely, the Penitentiary, Boy’s Reformatory,
-Boy’s Industrial School and Girl’s
-Industrial School were placed under the
-Board of Corrections. The Schools for
-the Deaf and Blind were placed under
-the control of the Board of Administration
-which has charge of all the State
-Schools. The Board of Control has
-charge of the charitable institutions,
-namely, asylums, State Orphans’ Home
-and has supervision over all private hospitals,
-home-finding societies and charitable
-institutions in the State.</p>
-
-<p>The two important laws passed were
-the parole law and the payment of wages
-to prisoners. The new parole law permits
-the judge to parole any person except
-in certain cases, before he or she
-has been committed to an institution.
-The law best explains itself.</p>
-
-<p>“Any person convicted of any felony,
-except murder, forcible rape, arson, or
-robbery, such convictions being for a
-first offense and imprisonment in the
-penitentiary, Kansas State Reformatory,
-or Industrial Schools for Boys and the
-Industrial School for Girls, the court before
-whom the conviction was made may
-parole such person either before or after
-sentence has been pronounced, if the
-court is satisfied that if permitted to go
-at large he would not again violate the
-law. He may be permitted to remain at
-large until such parole has terminated,
-provided that the court shall have no
-<span class="pagenum"><a name="Page_19" id="Page_19">19</a></span>
-power to parole any person after he has
-been delivered to any of these institutions.”</p>
-
-<p>This is considered one of the best laws
-passed regulating paroles.</p>
-
-<p>The bill providing for the payment of
-wages to convicts provides that the Board
-of Corrections may allow a prisoner not
-less than $.10 nor more than $.25 each
-day for work done, over and above the
-day’s task as assigned. This money is to
-be sent to the family of the prisoner,
-which is dependent upon him for their
-care and keep. If the prisoner have no
-family, the money can accumulate until
-the expiration of the prisoner’s term and
-is then given to him. He may draw at
-any time from such fund for his personal
-needs so long as he does not use it
-improperly. This law does not fulfill
-its purpose. Its weakness is that in the
-average prison, a convict is assigned
-about all the work he can do and has
-but little time for extra work, owing to
-his physical condition. A better plan
-proposed would be for the State to allow
-to the prisoner a specified sum for each
-day at work, or for the county from
-which the prisoner comes to pay the
-family a certain monthly sum, paying
-such sum as may be agreed upon by the
-county commissioners. By the old
-method, the Board allowed them $.033
-per day. For certain offenses the prisoners
-are fined and the fine is paid from
-this fund. The payment of a wage or
-the providing of some plan of caring for
-the needy families is a growing question,
-and so far Kansas has found no satisfactory
-method, but this question will
-probably be taken up by the next Legislature.</p>
-
-<p>Another law passed was that permitting
-the county commissioners, in counties
-having over 35,000 population, to
-appoint a matron for the county jails.
-This has often been done, but was never
-legally authorized until the last Legislature.</p>
-
-<p>Taking the Kansas laws as a whole,
-they seem to be adequate to meet the
-present prison conditions. The State law
-places all these institutions under the
-Board who have exclusive control in
-their management and in adopting of
-rules and regulations necessary to their
-government. The only question is the
-proper method of dealing with the
-families of the convicts. There has been
-little complaint regarding the treatment
-of the prisoners and there will be but
-few changes in the laws until some demand
-is made.</p>
-<hr />
-<h2>BOOK REVIEW</h2>
-
-<blockquote>
-
-<p><i>Manual for Probation Officers in New York
-State. State Probation Commission.</i> Albany
-1913, J. B. Lyon Co. Free.</p></blockquote>
-
-<p>The State Probation Commission should be
-sincerely congratulated upon this most valuable
-manual. Although it is technically limited to
-New York State, its usefulness will extend far
-beyond those limits. Its principal merit lies
-probably in the fact that it is a well-indexed,
-complete compilation of all the laws pertaining
-to probation in that State. The presentation
-of the material in its analyzed form is an
-invaluable addition. The laws are cited both
-in statutory and in chronological order. Separate
-chapters are devoted to the discussion of
-the provisions pertaining to the appointment
-and compensation of probation officers; of
-court procedure and practice; of the duties,
-powers and methods of such officers. Facsimiles
-of the forms of records used, are also
-taken up in a separate chapter, similarly the
-history and functions of the Commission. In
-the appendix, among other interesting material,
-there is also a statistical statement of the
-growth of the application of probation in the
-State.</p>
-
-<p>In a book so full of merit as to opportuneness,
-thoroughness and analytical qualities a
-few suggestions are perhaps even more justifiable
-than in a work of fundamental weaknesses.
-It would seem, for example, that a
-chapter presenting the most important phases
-of the work in a continuous story-like form,
-comprehensible to the ordinary layman, would
-have increased considerably the reading
-circle of the book, and made it available
-as propaganda material. In the statistical
-appendix several improvements could
-be made. In Table 1, for example, the totals
-for any year of all persons are not indicated;
-in Tables 2, and especially 3, the development
-by years is not clearly presented; in Table
-3 it would be very interesting to show the
-change in the relative percentages of “improved,”
-etc. The gaps in the tables are not
-satisfactorily explained, and in Table 6, giving
-the number of probation officers holding
-appointments, the totalling of the individual
-years is a decided statistical fallacy. Such
-faults are, however, of vanishing importance,
-compared with the immense usefulness of the
-work.</p>
-
-<p>The manual may be had by all interested
-persons on application to the State Probation
-Commission, at the Capitol, Albany. N. Y. P. K.</p>
-<hr />
-<p><span class="pagenum"><a name="Page_20" id="Page_20">20</a></span></p>
-
-<h2>EVENTS IN BRIEF</h2>
-
-<blockquote>
-
-<p>[Under this heading will appear each month numerous paragraphs of general interest, relating to the prison field
-and the treatment of the delinquent.]</p></blockquote>
-
-<p><i>The Disgraceful Jails of Iowa.</i>—Rev.
-Charles Parsons, of the Iowa Society for
-the Friendless, is on the warpath. He
-says that “the jails of Iowa have been
-condemned and relegated to the junk pile
-many times, and yet they go on doing
-business at the old stand in the same old
-way, as if they were the most scientific
-institutions possible.</p>
-
-<p>“I have spent enough time in the jails
-of our State during the past five years
-to almost entitle me to membership in
-the jail fraternity. If the jail has anything
-to be said to its credit, I have been
-unable to find it, though I have searched
-diligently for it in most of the jails within
-our borders.”</p>
-
-<p>“One step in the program for betterment
-would be to avoid imprisonment
-through inability to pay a fine, but give
-the opportunity to pay the fine upon
-installments. This plan would save the
-culprit his employment if he has any. It
-would save his family humiliation and
-disgrace and help to save his self-respect.</p>
-
-<p>“Another step in the line of progress
-would be to parole all offenders where
-the penalty is less than 30 days. If they
-fail to make a right use of the parole,
-give a work-house sentence.</p>
-
-<p>“A third step in the program for
-progress would be the establishment of
-district custodial farms with work-house
-facilities for all prisoners serving 30
-days or more. These district institutions
-must and should be under the management
-of the State.</p>
-
-<p>“Farming, gardening and diversified
-industries should be followed most suited
-to the location of the institution, but
-such industries must be used which are
-most easily acquired. That the labor of
-short term men can be profitably utilized
-in such institutions has been demonstrated
-in a number of instances.</p>
-
-<p>“The work-house of Minneapolis is a
-financial success with men whose average
-terms is only 17-1/2 days.</p>
-
-<p>“That such labor can be used outside
-of prison walls with perfect safety is
-shown by the success of the prison camp
-which has been in operation for several
-months past, at Ames, and the hay pressing
-gangs that have been working from
-Fort Madison.</p>
-
-<p>“During 1912, 3,739 inmates passed
-through the Minneapolis work-house.
-All the men worked in the open without
-walls, yet during the year there was only
-one escape.”</p>
-<hr class="short" />
-
-<p><i>Warden Scott of New Hampshire Retires.</i>—Many
-are the caustic criticisms
-directed at the Governor of New Hampshire,
-who recently removed Warden H.
-K. W. Scott of the State prison, and who
-appointed in his place a man of no equal
-prison experience. Warden Scott held
-office from 1905, and has served under
-five governors of the State, receiving his
-appointment from Governor McLane.</p>
-
-<p>The Concord Evening Monitor has
-published a large number of scathing
-criticisms from the State press on the
-action of the Governor in removing
-Warden Scott.</p>
-
-<p>Warden Scott, during his connection
-with the institution, has abolished the
-striped suit, lock step, downcast eye,
-dark cell and corporal punishment, which
-were practiced before his coming, and
-has instituted a night school. Instead of
-a candle each man now has an electric
-light in his cell, a grade system has been
-established and during the last summer
-a prison baseball league was organized,
-in order that the inmates might have
-outdoor exercise. Four teams were in
-the league and games were played Saturday
-afternoons.</p>
-
-<p>During the last session of the Legislature
-Warden Scott worked for the
-passage of an act to provide for pecuniary
-assistance of prisoners and their
-families, whereby a certain per cent. of
-their earnings is laid aside. The warden
-had submitted to the Governor and council
-a plan for the carrying out of this
-<span class="pagenum"><a name="Page_21" id="Page_21">21</a></span>
-act, which went into effect September 1,
-but as yet no action has been taken.</p>
-
-<p>Charges preferred against him by Rev.
-Claudius Byrne, a former chaplain of
-the prison, were investigated by Legislative
-committees and proved groundless.</p>
-
-<p>Warden Scott says that for the present
-he will remain in Concord, N. H.,
-as his two sons are attending school.</p>
-
-<hr class="short" />
-
-<p><i>Sterilization Law Unconstitutional in
-New Jersey.</i>—Upon the grounds that she
-was denied the equal protection of the
-laws to which, under the constitution of
-the United States, every person is entitled,
-the Supreme Court of New Jersey,
-in an opinion by Justice Garrison,
-has set aside the order of the Board of
-Examiners of feeble minded, criminals,
-Epileptics and other defectives providing
-for the operation of salpingetomy
-upon Alice Smith, an inmate of the State
-Village for Epileptics.</p>
-
-<p>In reaching this conclusion, Justice
-Garrison holds that without regard to
-the power of the State to subject its
-citizens to surgical operations that shall
-render procreation by them impossible,
-the statute creating the Sterilization Commission
-is invalid because it denied to
-the victims of the law the constitutional
-protection to which they are entitled.</p>
-
-<p>In the syllabus of the opinion Justice
-Garrison holds that the artificial regulation
-of the welfare of society by means
-of surgical operations for the prevention
-of procreation, being based upon the
-suppression of the personal liberty of
-individuals, must be accomplished, if at
-all, by a statute that does not deny to
-the persons thus injuriously affected the
-equal protection of the laws guaranteed
-by the fourteenth amendment to the constitution
-of the United States.</p>
-
-<p>Commenting on this decision, the
-Springfield Republican says editorially:</p>
-
-<p>It is constitutional to sterilize defectives
-and criminals in the State of Washington,
-but it is unconstitutional to sterilize
-them in New Jersey. The United
-States Supreme Court will have to settle
-the question finally. To the lay mind
-it would seem that, if the State has
-power to break a man’s neck by hanging,
-or to kill him by electricity, it would
-have the lesser power to subject him to
-a surgical operation, not in the least
-dangerous to life or limb, for the protection
-of society. The question of constitutionality
-aside, it is to be observed
-that sterilization involves various social
-questions whose seriousness should compel
-caution on the part of Legislatures
-in authorizing its practice in public institutions.
-It cannot be said that the problem
-has yet been completely thought out
-and all the consequences fully considered.
-A recent article in a medical journal by
-one of the foremost advocates of sterilization
-was notable for the physician’s
-frank admission that the objections to
-the operation, in their broadest significance,
-were very weighty. An operation
-that leaves the subject physically as fit
-as ever for the sex relationship, yet
-eliminates the danger of the conception
-of children, would have very deplorable
-moral and social results if it should become
-in the least common. It is a question
-that may easily involve large classes
-of people outside of prisons and asylums
-for the feeble-minded.</p>
-
-<hr class="short" />
-
-<p><i>Farm Work in Minnesota.</i>—From the
-near northwest comes the tale that
-twenty-five convicts are to be sent to the
-State lands near Walker, Minn., from
-the State penitentiary at Stillwater, to
-begin a system of intensive State farming
-and land reclamation, according to
-plans announced by the State Board of
-Control, which is compelled to find employment
-for more than two hundred
-men after January 1.</p>
-
-<p>The new laws prevent the prison from
-taking contracts, and the shoe contract
-will accordingly be dropped.</p>
-
-<p>The announcement of the new plan
-was made after the board had bought
-160 acres adjoining the prison farm at
-Stillwater. This land will be farmed.</p>
-
-<p>The board has other land adjoining
-State institutions and owns a large tract
-near the State sanatorium at Walker.
-The men prisoners will be sent there to
-clear the land and put in crops. Only
-the prisoners with best records will be
-sent to the farms. If the first detachment
-makes a success of the venture
-others will be sent out.</p>
-<hr class="short" />
-<p><span class="pagenum"><a name="Page_22" id="Page_22">22</a></span></p>
-
-<p><i>Alumni Day at a Reform School.</i>—It
-does happen! This was what occurred at
-the Lyman School for Boys, Westboro,
-Massachusetts, on November 15, 1913.</p>
-
-<p>The trustees of the School, Superintendent
-E. L. Coffeen, and Superintendent
-of the Parole Department, Walter
-A. Wheeler, sent letters to all of the
-144 boys who have become twenty-one
-years of age the past year, inviting them
-to a dinner and celebration in their honor
-at the school. About one fourth of them
-attended, and as many more sent letters
-of regret, containing remarks of warm
-appreciation. Some of the boys were
-in the Army and Navy; others had moved
-out of the State. For any one of the
-boys to attend, meant the sacrificing of
-a day’s work and the cost of carfare.</p>
-
-<p>The program included a football game
-between the present inmates and an outside
-team, a reunion of boys with old
-officers and teachers, an inspection of the
-new features of the school, which they
-had not seen in the last five or six years,
-and finally a banquet.</p>
-
-<p>The usual speeches were made by the
-trustees, superintendents and invited
-guests, but the feature was the voluntary
-address in behalf of the boys made by
-one of their number. After thanking
-those present for what the school training
-and the friendly oversight of the
-parole board had done for him, he
-pledged the old boy’s interests in doing
-whatever they could to help the younger
-brothers “make good” when released
-from the school.</p>
-
-<p>It is intended to have a Home Coming
-Celebration every year, of which this was
-the successful experiment.</p>
-
-<hr class="short" />
-
-<p><i>After Forty-Three Years.</i>—Pardoned
-after forty-three years—the best years
-of his life—in a State penitentiary! Seeing
-the new world for the first time at
-sixty-six—such is the experience of John
-Taborn, pardoned by Governor Cox, of
-Ohio! Why, it’s like coming to life
-again after half a century of death, says
-the Bay City (Mich.) Times.</p>
-
-<p>When Taborn entered the State prison
-at Columbus in 1870, Grant was
-President. The telephone was unknown;
-electric lights were not dreamed of;
-there were not electric cars; skyscrapers
-in the largest cities were four or five-story
-buildings; Edison had not conceived
-the phonograph, while flying
-machines and wireless telegraphy were
-the dreams of madmen. The United
-States navy consisted of a few iron-clad
-and many wooden ships.</p>
-
-<p>When he was pardoned, Taborn was
-taken about Columbus by Warden
-Thomas’ secretary to see that he was
-not confused by the traffic and injured.
-He gazed in awe at the electric cars; he
-got lost in the revolving door of an office
-building, the height of which astonished
-him; he enjoyed his first ride in an
-elevator; he smoked a good cigar, but
-was puzzled by the safety matches, which
-would not ignite when scratched on his
-trouser leg; he heard a phonograph and
-talked over the telephone for the first
-time in his life.</p>
-
-<p>Despite his sixty-six years, Taborn is
-active and has keen sight, reading without
-glasses. In the prison he learned
-three trades—that of machinist, shoe-maker
-and molding—and plans to begin
-his last span of life as a machinist.</p>
-
-<p>When he left the prison he had about
-$100. The prisoners took up a collection
-and gave him $30; the State turned over
-$20 and Taborn had about $50 himself.
-He was placed upon an electric car for
-a trip to Delaware, O., from which town
-he was sentenced for killing a man during
-a quarrel. Then he will go to his
-old home in Cass County, Michigan, and
-later to Hillsboro, N. C., where employment
-awaits him.</p>
-
-<hr class="short" />
-
-<p><i>Social Surveys of Delinquency and
-Vice.</i>—The Russell Sage Foundation
-Library publishes the following useful
-summary:</p>
-
-<blockquote>
-
-<p><i>Chicago.</i> Vice commission. Social evil in
-Chicago; a study of existing conditions, with
-recommendations. 399 p. Chicago, the Commission,
-1911. (50 cents)</p>
-
-<p>This report may be obtained through the
-American vigilance association, 156 Fifth Ave.,
-N. Y.</p>
-
-<p><i>Cincinnati</i> (Ohio). Bureau of municipal
-research. (The) Juvenile court of Hamilton
-county. Cincinnati, O. The Bureau, 1912.
-(2 cents).</p>
-
-<p><i>Elmira</i> (N. Y ). Women’s league for good
-government. Vice conditions in Elmira. 76
-p. Elmira. The League, 1913.</p>
-
-<p><i>Hartford</i> (Conn.) Vice commission. Report,
-<span class="pagenum"><a name="Page_23" id="Page_23">23</a></span>
-July, 1913. 90 p. Hartford, Conn.
-Woman suffrage association, 1913. (25 cents)</p>
-
-<p><i>Kneeland</i>, G. J. Commercialized prostitution
-in New York City. 334 p. N. Y. Century
-Co., 1913. ($1.30 net)</p>
-
-<p><i>Minneapolis.</i> Vice commission. Report.
-134 p. Minneapolis, Byron and Hillard, 1911.
-(40 cents)</p>
-
-<p><i>New York</i> (City). Committee of fourteen
-for the suppression of the Raines law hotels.
-Social evil in New York City; a study of law
-enforcement by the Research committee. 268
-p. N. Y. Kellogg, 1910. (Out of print)</p>
-
-<p><i>Philadelphia.</i> Vice commission. Report.
-Philadelphia, The Commission. (40 cents)</p>
-
-<p>This report may be obtained through the
-American vigilance association, 156 Fifth Ave.,
-N. Y.</p>
-
-<p><i>Portland</i> (Oregon). Vice commission. Report,
-January, 1912. 216 p. Portland, The
-Commission, 1912. (Out of print)</p>
-
-<p><i>Potter</i>, Z. I. Delinquency, in Russell Sage
-Foundation, Department of surveys and exhibits.
-(The) Newburgh survey, 1913. Also
-in Russell Sage Foundation. Department of
-surveys and exhibits. (The) Topeka improvement
-survey, 1914. (in preparation)</p>
-
-<p><i>Seligman</i>, E. R. A., ed. Social evil, with
-special references to conditions existing in the
-City of New York: a report prepared in 1902
-under the direction of the Committee of fifteen.
-303 p. N. Y. Putnam, 1912, c 1902-12.
-($1.75 net)</p>
-
-<p><i>Syracuse</i> (N. Y.). Moral survey committee.
-Report on the social evil. Syracuse, N. Y.
-Moral survey committee, 1913. (40 cents)</p></blockquote>
-
-<hr class="short" />
-
-<p><i>The State Use Problem in New Jersey.</i>—The
-Newark News has a plain and
-clear statement of the difficulty. New
-Jersey is finding in going over from the
-contract system to the State use plan.</p>
-
-<p>The State Economy and Efficiency
-Commission is to-day investigating State
-prison conditions. The problems before
-it should concern every tax-payer, not to
-mention those who are interested in the
-great problem of prison reform. The
-need for their investigation was indicated
-yesterday by the report of the
-prison inspectors.</p>
-
-<p>The prison of this State is operated
-under the law of 1814 as it has been
-amended from time to time. Its operation
-is based upon an obsolete idea of
-prisons and their purpose: the idea that
-prisons are places of confinement under
-the control of a keeper whose business
-is, as his title implies, to <i>keep</i> the
-prisoners.</p>
-
-<p>To secure revenue for the State, and
-incidentally, to preserve the mental and
-bodily health of the prisoners, provision
-was made for hiring out their labor and
-for this purpose a supervisor was appointed.
-The State wards then fell
-under the jurisdiction of the keeper and
-supervisor, whose duties were regulated
-by statutes requiring interpretation by
-the courts.</p>
-
-<p>Then a Board of Inspectors was appointed
-to see to it that the keeper kept
-the prisoners and that the supervisor
-kept the contracts for their labor; but
-the board has neither authority nor responsibility.
-Finally, a Labor Commission
-was appointed to devise a scheme
-for carrying out the State-use system of
-keeping the prisoners busy; an undertaking
-that it has proved unable, so far,
-to carry out.</p>
-
-<p>Two years ago the Legislature decided
-to put an end to the exploitation of prison
-labor as fast as the existing contracts
-expired. The contracts bring the State
-a revenue of practically $100,000 a year,
-two-fifths of the cost of running the
-prison. By abolishing the contracts, the
-State forfeits this revenue without decreasing
-the expense of the prison.</p>
-
-<p>Employment for the prisoners must
-be found, and the State is committed to
-the principle of employing them for
-State use, and, at the same time, of providing
-healthful employment under the
-honor system in the hope that it will
-prove reformatory as well as physically
-and mentally beneficial.</p>
-
-<p>Immediately two difficulties arise. One
-is due to the fact that the State law
-divides without clearly defining authority
-and responsibility. The attorney-general
-has decided that the keeper is responsible
-for keeping the prisoners, and the keeper
-demands that whether they are kept in
-the Trenton prison, at the State road
-camps or farm, they shall be attended by
-a greater number of guards than the
-inspectors think either necessary or for
-their moral good. There is here a question
-of expense, of the extension of outside
-work, of the moral effect of modern
-prison methods.</p>
-
-<p>The inspectors are hampered, also, in
-the expansion of the State farm and road
-making experiments by the supervisor,
-who is responsible for keeping the contracts
-<span class="pagenum"><a name="Page_24" id="Page_24">24</a></span>
-for prison labor; for the supervisor
-may requisition as many of the
-prisoners as he wishes for contract proviso
-of the law, of course; and the keeper
-must deliver them.</p>
-
-<p>The second difficulty is that existing
-plans for their work offer employment
-for only a small percentage of the prisoners.
-At the expiration of the contracts—very
-soon—the great majority will
-be forced into idleness unless the contracts
-are temporarily extended. To
-meet this situation, the inspectors confess
-they have already broken the law
-in order to keep the prisoners at work.</p>
-
-<p>No plan has been devised, no equipment
-has been installed, for furnishing
-labor to this great majority of prisoners.
-For this there are several reasons, none
-greater, perhaps, than the fact that the
-Trenton prison is not fitted for this employment
-unless the congestion there can
-be relieved very materially. It might be
-necessary to make provision elsewhere
-for two-thirds of those now confined
-there.</p>
-
-<p>The Legislature has failed to make
-appropriations for installing a plant
-where the prisoners can make articles
-used by the State because no definite
-plan has been presented to it upon which
-agreement could be reached. The working
-out of the transformation of prison
-methods contemplated by the law of 1911
-must be evolutionary. It will take time,
-and, meanwhile, contracts, it would seem,
-must be temporarily extended, regrettable
-as it is. What is needed, first and
-foremost, however, is a clear definition
-and concentration of authority and responsibility.</p>
-
-<hr class="short" />
-
-<p><i>The First Woman Commissioner of
-Correction. New York City.</i>—Miss
-Katherine B. Davis, formerly superintendent
-of the New York State Reformatory
-for Women at Bedford, took office
-on January 1, 1913, in New York City
-as Corrections Commissioner. She has
-thus been appointed by Mayor Mitchell
-as the director of the Tombs, the penitentiary,
-workhouse, three branch workhouses,
-the Brooklyn city prison, the
-Queen’s County jail, and a number of
-district prisons—enough of a task even
-for Miss Davis’s recognized ability. She
-also has the construction to attend to
-of the city reformatory for misdemeanants.
-She has associated with her
-as deputy commissioner, Burdette G.
-Lewis, a “social worker at City Hall.”
-Heartiest congratulations are being extended
-to the new heads of the Department
-of Correction. The readers of the
-“Delinquent” know Miss Davis well already.</p>
-
-<p>“Was it as big as my fist?” asked the
-judge, concerning a stone which was
-responsible for a broken window.</p>
-
-<p>“It ban bigger,” replied the Swedish
-witness.</p>
-
-<p>“Was it as large as my two fists?”</p>
-
-<p>“It ban bigger.”</p>
-
-<p>“Was it as big as my head?”</p>
-
-<p>“It ban about as long,” said the imperturbable
-Swede, “but not so thick.”</p>
-
-<hr class="full" />
-<p class="center">STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC. of THE DELINQUENT.<br />
-Published monthly at New York, N. Y., required by the Act of August 24th, 1912.</p>
-
-<table summary="Statement of the ownership" border="0"><tr>
-<td class="tdc">NAME OF</td><td class="tdc" colspan="6">POST OFFICE ADDRESS</td>
-</tr><tr>
-<td class="tdl">Editor, O. F. Lewis,</td><td class="tdc">135</td><td class="tdc">East</td><td class="tdc">15th St.,</td><td class="tdc">New</td><td class="tdc">York</td><td class="tdc">City.</td>
-</tr><tr>
-<td class="tdl">Managing Editor, O. F. Lewis,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Business Manager, O. F. Lewis,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Publisher,&nbsp;The&nbsp;National&nbsp;Prisoners’&nbsp;Aid&nbsp;Association,</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr><tr>
-<td class="tdl">Owners,<span class="h">The</span>”<span class="h">Natio</span>”<span class="h">nal priso</span>”<span class="h">ners ai</span>”<span class="h">Assoc</span>”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td><td class="tdc">”</td>
-</tr></table>
-<blockquote>
-<p>There are no bondholders, mortgagees, or other security holders.</p>
-
-<p class="right"><span class="smcap">O. F. Lewis</span>, Editor and Business Manager.</p>
-
-<p>Sworn to and subscribed before me this 30th day of September, 1913.</p>
-
-<p class="right"><span class="smcap">Charles D. Immen, Jr.</span>, Notary Public No. 2. New York County.</p>
-
-<p class="right">My Commission expires March 31, 1914.</p></blockquote>
-
-
-
-
-
-
-
-
-<pre>
-
-
-
-
-
-End of the Project Gutenberg EBook of The Delinquent (Vol. IV, No. I),
-January, 1914, by Various
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