diff options
| -rw-r--r-- | .gitattributes | 4 | ||||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 | ||||
| -rw-r--r-- | old/54486-0.txt | 1886 | ||||
| -rw-r--r-- | old/54486-h/54486-h.htm | 3026 | ||||
| -rw-r--r-- | old/54486-h/images/cover.jpg | bin | 93406 -> 0 bytes | |||
| -rw-r--r-- | old/old/54486-0.txt | 2286 | ||||
| -rw-r--r-- | old/old/54486-0.zip | bin | 45776 -> 0 bytes | |||
| -rw-r--r-- | old/old/54486-h.zip | bin | 140111 -> 0 bytes | |||
| -rw-r--r-- | old/old/54486-h/54486-h.htm | 3448 | ||||
| -rw-r--r-- | old/old/54486-h/images/cover.jpg | bin | 93406 -> 0 bytes |
11 files changed, 17 insertions, 10646 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..f7e80a9 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #54486 (https://www.gutenberg.org/ebooks/54486) diff --git a/old/54486-0.txt b/old/54486-0.txt deleted file mode 100644 index fc76ac2..0000000 --- a/old/54486-0.txt +++ /dev/null @@ -1,1886 +0,0 @@ -*** 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 *** diff --git a/old/54486-h/54486-h.htm b/old/54486-h/54486-h.htm deleted file mode 100644 index afbdf9e..0000000 --- a/old/54486-h/54486-h.htm +++ /dev/null @@ -1,3026 +0,0 @@ -<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" - "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> -<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> - <head> - <meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> - <meta http-equiv="Content-Style-Type" content="text/css" /> - <title> - The Delinquent (Vol. IV, No. 1) January, 1914 | Project Gutenberg - </title> - -<link rel="coverpage" href="images/cover.jpg" /> - - <style type="text/css"> - -body { - margin-left: 10%; - margin-right: 10%; -} - - h1 { text-align: center; /* all headings centered */ - clear: both; -} - h2 { font-weight: normal; - text-align: center; /* all headings centered */ - clear: both; -} -p { - margin-top: .51em; text-indent: 1.5em; - text-align: justify; - margin-bottom: .49em; -} -p.indent { - margin-top: 0em; text-indent: -2em; margin-left: 2em; - text-align: left; - margin-bottom: 0em; -} - -p.left { - margin-top: 0.5em; text-align: left; - margin-bottom: 0.5em; -} -.padr05 {padding-right: .5em;} - -hr { - width: 34%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33%; - margin-right: 33%; - clear: both; -} -hr.short { - width: 10%; - margin-top: 1em; - margin-bottom: 1em; - margin-left: 45%; - margin-right: 45%; - clear: both; -} -hr.full { - width: 100%; - margin-top: 1em; - margin-bottom: 1em; - margin-left: 0%; - margin-right: 0%; - clear: both; -} -.h {visibility: hidden;} - -table {border-collapse: collapse; font-size: .85em; - margin-left: auto; - margin-right: auto; -} - - .tdl {text-align: left;} -@media handheld {.tdl {text-align: left;}} - .tdr {text-align: right;} -@media handheld {.tdr {text-align: right;}} - .tdc {text-align: center;} -@media handheld {.tdc {text-align: center;}} -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; -} /* page numbers */ - -.smcap {font-variant: small-caps;} -@media handheld {.smcap {font-variant: small-caps;}} -blockquote { - font-size: .85em; -margin-left: 0em; margin-right: 0em; -} - -.bb {border-bottom: solid 2px;} -@media handheld {.bb {border-bottom: solid 2px;}} -.bt {border-top: solid 2px;} -@media handheld {.bt {border-top: solid 2px;}} - -.center {text-align: center; text-indent: 0em;} - -.right {text-align: right;} - -.smcap {font-variant: small-caps;} - -.u {text-decoration: underline;} - -/* Footnotes */ -.footnotes {border: dashed 1px;} - -.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} - -.footnote .label {position: absolute; right: 84%; text-align: right;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - text-decoration: - none; -} -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - </style> - </head> -<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> </td><td class="tdr">JANUARY, 1914</td> -</tr><tr> -<td class="tdc" colspan="3"><h1><big>THE 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"> </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, The National Prisoners’ Aid 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> - diff --git a/old/54486-h/images/cover.jpg b/old/54486-h/images/cover.jpg Binary files differdeleted file mode 100644 index e1f987d..0000000 --- a/old/54486-h/images/cover.jpg +++ /dev/null diff --git a/old/old/54486-0.txt b/old/old/54486-0.txt deleted file mode 100644 index 0c4c545..0000000 --- a/old/old/54486-0.txt +++ /dev/null @@ -1,2286 +0,0 @@ -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. *** - -***** This file should be named 54486-0.txt or 54486-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/4/8/54486/ - -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.) - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for the eBooks, unless you receive -specific permission. If you do not charge anything for copies of this -eBook, complying with the rules is very easy. You may use this eBook -for nearly any purpose such as creation of derivative works, reports, -performances and research. They may be modified and printed and given -away--you may do practically ANYTHING in the United States with eBooks -not protected by U.S. copyright law. Redistribution is subject to the -trademark license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - 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. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm web site -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and The -Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm -trademark. Contact the Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org Section 3. Information about the Project Gutenberg -Literary Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's principal office is in Fairbanks, Alaska, with the -mailing address: PO Box 750175, Fairbanks, AK 99775, but its -volunteers and employees are scattered throughout numerous -locations. Its business office is located at 809 North 1500 West, Salt -Lake City, UT 84116, (801) 596-1887. Email contact links and up to -date contact information can be found at the Foundation's web site and -official page at www.gutenberg.org/contact - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works. - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - diff --git a/old/old/54486-0.zip b/old/old/54486-0.zip Binary files differdeleted file mode 100644 index 5126dd6..0000000 --- a/old/old/54486-0.zip +++ /dev/null diff --git a/old/old/54486-h.zip b/old/old/54486-h.zip Binary files differdeleted file mode 100644 index 2719736..0000000 --- a/old/old/54486-h.zip +++ /dev/null diff --git a/old/old/54486-h/54486-h.htm b/old/old/54486-h/54486-h.htm deleted file mode 100644 index 2539f20..0000000 --- a/old/old/54486-h/54486-h.htm +++ /dev/null @@ -1,3448 +0,0 @@ -<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" - "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> -<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> - <head> - <meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> - <meta http-equiv="Content-Style-Type" content="text/css" /> - <title> - The Project Gutenberg eBook of /* Volume Iv, No. 1. January, 1914, by AUTHOR. - </title> - -<link rel="coverpage" href="images/cover.jpg" /> - - <style type="text/css"> - -body { - margin-left: 10%; - margin-right: 10%; -} - - h1 { text-align: center; /* all headings centered */ - clear: both; -} - h2 { font-weight: normal; - text-align: center; /* all headings centered */ - clear: both; -} -p { - margin-top: .51em; text-indent: 1.5em; - text-align: justify; - margin-bottom: .49em; -} -p.indent { - margin-top: 0em; text-indent: -2em; margin-left: 2em; - text-align: left; - margin-bottom: 0em; -} - -p.left { - margin-top: 0.5em; text-align: left; - margin-bottom: 0.5em; -} -.padr05 {padding-right: .5em;} - -hr { - width: 34%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33%; - margin-right: 33%; - clear: both; -} -hr.short { - width: 10%; - margin-top: 1em; - margin-bottom: 1em; - margin-left: 45%; - margin-right: 45%; - clear: both; -} -hr.full { - width: 100%; - margin-top: 1em; - margin-bottom: 1em; - margin-left: 0%; - margin-right: 0%; - clear: both; -} -.h {visibility: hidden;} - -table {border-collapse: collapse; font-size: .85em; - margin-left: auto; - margin-right: auto; -} - - .tdl {text-align: left;} -@media handheld {.tdl {text-align: left;}} - .tdr {text-align: right;} -@media handheld {.tdr {text-align: right;}} - .tdc {text-align: center;} -@media handheld {.tdc {text-align: center;}} -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; -} /* page numbers */ - -.smcap {font-variant: small-caps;} -@media handheld {.smcap {font-variant: small-caps;}} -blockquote { - font-size: .85em; -margin-left: 0em; margin-right: 0em; -} - -.bb {border-bottom: solid 2px;} -@media handheld {.bb {border-bottom: solid 2px;}} -.bt {border-top: solid 2px;} -@media handheld {.bt {border-top: solid 2px;}} - -.center {text-align: center; text-indent: 0em;} - -.right {text-align: right;} - -.smcap {font-variant: small-caps;} - -.u {text-decoration: underline;} - -/* Footnotes */ -.footnotes {border: dashed 1px;} - -.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} - -.footnote .label {position: absolute; right: 84%; text-align: right;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - text-decoration: - none; -} -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - </style> - </head> -<body> - - -<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.) - - - - - - -</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> </td><td class="tdr">JANUARY, 1914</td> -</tr><tr> -<td class="tdc" colspan="3"><h1><big>THE 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"> </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, The National Prisoners’ Aid 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 - -*** END OF THIS PROJECT GUTENBERG EBOOK THE DELINQUENT (VOL. IV, NO. *** - -***** This file should be named 54486-h.htm or 54486-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/4/8/54486/ - -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.) - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for the eBooks, unless you receive -specific permission. If you do not charge anything for copies of this -eBook, complying with the rules is very easy. You may use this eBook -for nearly any purpose such as creation of derivative works, reports, -performances and research. They may be modified and printed and given -away--you may do practically ANYTHING in the United States with eBooks -not protected by U.S. copyright law. Redistribution is subject to the -trademark license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - 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. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm web site -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and The -Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm -trademark. Contact the Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org Section 3. Information about the Project Gutenberg -Literary Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's principal office is in Fairbanks, Alaska, with the -mailing address: PO Box 750175, Fairbanks, AK 99775, but its -volunteers and employees are scattered throughout numerous -locations. Its business office is located at 809 North 1500 West, Salt -Lake City, UT 84116, (801) 596-1887. Email contact links and up to -date contact information can be found at the Foundation's web site and -official page at www.gutenberg.org/contact - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works. - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - - - -</pre> - -</body> -</html> diff --git a/old/old/54486-h/images/cover.jpg b/old/old/54486-h/images/cover.jpg Binary files differdeleted file mode 100644 index e1f987d..0000000 --- a/old/old/54486-h/images/cover.jpg +++ /dev/null |
