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-punishment is indicted shall be repealed.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