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living being tell me any other basis of civil law?
If so, I would like to hear it. Where shall we get our basis, then, for criminal law? They talk about retribution. Why do they want to use that word? They think it is worse than "punishment." It is the very object of punishment connected with the acts. What do they say about lynching? Judge Baldwin of the Supreme Court of Connecticut, speaking of the natural demand for punishment, says of it that human nature must be directed and educated, and that lynching, North or South, will occur until that is done, and judicious laws and punishments are secured. Good government will not permit the vicious and guilty to be treated and trusted as the good and virtuous.
Dr. ROBERTSON.- I am not a lawyer nor a criminologist, but the thoughts of the morning have stirred me. It seems to me, from the standpoint of a medical man, that the pronounced criminal is more or less of an insane man. He is a species of man whom it is best not to throw out upon the public. You can confine other insane patients: why not the insane by criminality? What is the kleptomaniac? What is the man who term after term serves a sentence, and comes back again and again? He is nothing more nor less than an insane man. He has some pathological lesion in the nervous make-up. He should be placed in confinement. If you look through the State penitentiaries, you will find thousands of such cases. I think that criminologists men who make long studies of this subject, men who are deeply interested in it grow too tender. I know from talking with these men who work with criminals that they grow more and more tender toward them. I am in favor of putting such criminals behind prison bars, and keeping them there. If there is anything that will deter men, it is fear. Can you deter a man who has no moral sense? You have got to get at them, as you do at animals, through fear; and there is no more fearsome beast than man.
Mr. E. G. PETTIGROVE, Massachusetts. When we made our examination eight years ago as to the old probation law in Massachusetts, we found that only forty-nine towns and cities in the Commonwealth had made any attempt to put that law in operation. In three hundred towns and cities no effort in that direction had been made. In only twenty of the forty-nine places where it had been, had any cases been put on probation. The reason for this failure was that the appointment of the officer depended upon political considerations. If the mayor and aldermen could use the place for conciliating anybody, or if the selectmen could placate somebody by appointing a probation officer, it was done: otherwise nothing was attempted. When we got before the legislative committee upon the question of revising the law, it was suggested that, if the probation officers were appointed by the justices, the practice would be universal; and that suggestion was adopted. If there is one man in Massachusetts who is entitled to more credit than another for the adoption of the probation system, it is Hon. William E. Parmenter, the chief justice of
the Boston municipal court. He is entitled to the thanks of every philanthropist for his efforts, extending over nearly thirty years, to perfect this reform in the criminal law.
Mr. L. L. BARBOUR, Michigan.— When a proposition is made to do away with prisons, it is not expected that it will be done to-day or to-morrow. Things don't grow in that way. Such things are the growth of years. If this whole thing were put into the hands of Dr. Lewis to do, you would not find the prisons done away with to-morrow. But you would find all the influences which tend toward growth in that direction,— influences which have produced the condition of things which exist to-day which did not exist twenty-five years ago. As the result of discussions which at the time seemed to advance startling propositions, we have to-day the indeterminate sentence, so far as it is used, and we have the probation system. These were ridiculed as much twenty-five years ago as these propositions are to-day. It was the same with regard to the operation of insane asylums. It was said twenty-five years ago that it was an utter impossibility to conduct them without having restraint in almost every case. Now we see
that insane asylums have grown to such an extent that manual restraint is almost done away with.
Mr. HALEY.-While we have attempted to reduce the number of the dependent by providing for them wisely, and while our sympathies go out toward the defective classes of society, it is a lamentable fact that the criminal classes have been growing. There are more men and boys and women in prison in free America to-day than in any day of its history. It seems to me that we ought to be making more progress along these lines. I think we have never had more valuable papers read to this Conference than those we have heard. I am inclined to agree with the first paper, that it is not so much an increase of criminals as it is an increase of the number of things which are made crimes by our codes. Now what about jails? I am a member of the State Board of Charities of Missouri, and it is made my duty to visit jails and inspect them; and I give it as my judgment that we might abolish every jail in Missouri today, and be in far better condition than we are. What are they? On the first floor of the best jail are one hundred men. they? Thieves, murderers, men who are detained as witnesses, men who are suspected of crime, all mingled together. What good can come to society from that?
Dr. WALK.- As a director for four years of a large correctional institution which has a population of from eight to twelve hundred, I wish to emphasize what the chairman said of the uselessness of short terms for drunkenness and for inebriates of all classes. I believe that the terms of thirty days, sixty days, ninety days, simply prolong the lives of these inebriates, giving them a chance for recuperation. They are a great expense to the county, and they are not reformatory. Mr. A. H. STEWART, M.D., Kentucky.- Eight years ago we had
in Kentucky a law for the indeterminate sentence; but it was decided that it was unconstitutional, so we have no indeterminate sentence and no parole law. The difference during the four years when we were under that law was very marked. It was the first improvement and advancement in Kentucky in prison reform. It may be said that it is not the best prisoners that make the best citizens, if released; but when a convict is put in prison, and has no prospect of getting out, his conduct is not going to be very good. The management of the prison under the parole law was very much better, and very much easier than it has been under the other, without any reference to the effect on the prisoners. As a means of getting a prisoner into good habits, the parole law with indeterminate sentence must commend itself to every community.
Dr. Charlton T. Lewis was asked to close the discussion.
Dr. LEWIS.-I do not wish to belittle the work of the chief justice of the municipal court of Boston. I am gratified to find that he has become one of the heartiest friends of the parole law; but the gentleman to whom Massachusetts is chiefly indebted in this matter is not the chief justice, but it is the gentleman who has just named the chief justice. It was he who drafted this law.
I am deeply indebted to Judge McDonald for the remarks which he made, and which were strangely misunderstood as objections to remarks in my paper. Has there been a more eloquent, a more effective, more inspiring statement in behalf of the principle of probation than that which he gave us here a few moments ago? He shows that the struggle of the criminal courts has been to evolve this principle of probation. He has sat on the criminal bench; and finding no law for probation, finding that the law required him to send offenders to jail, and his conscience rebelling against that requirement, what has he done ? He has compromised with the law, and enforced his conscience, and has said, "Go, and sin no more. The result has been that they have become, in almost every case, independent, self-respecting members of the community. But how much better might have been the results if, in addition to the power which he has so nobly assumed, he had had the law on his side, if there had been some philanthropist of high character and ability and knowledge of humanity, whose business it was to take each ward of the State and guide him and watch him and help him forward, to see that he went into no evil society, and in that way to support his faltering step until he is strong enough to stand alone!
The other criticisms that were made you will find answered in the paper, if you will have the kindness to read it. It was too brief. One cannot go over a paper like this in twenty minutes. All that can be done is to suggest the thoughts, the principles, upon which the system is founded; and, if those principles are properly set forth,
then, if they are wise and true, as from a careful study of twenty-five years I believe them to be, they will find their way, and you will ultimately adopt them. The abolition of prisons is a dream of the future. When I speak of the abolition of prisons as the aim of prison reform, I speak as we speak of the abolition of sin as the aim of the churches. Their hope is to make us all righteous and Godfearing, to bring us all to a home in heaven; and we trust the time will come when there will be no sin among a regenerated human race. So I think we ought to seek to do away with that great evil, the prison, and in the mean while to do our best, earnestly and energetically, to make it the source and means of the least possible wrong, of the utmost possible good.
The report of the Committee on Time and Place reported through Mr. Heymann that the place of the next meeting should be New York City, the time not to be later than the first week of June. The report was unanimously adopted.
Saturday night, July 10.
The Conference was called to order by the President at 8 P.M. The subject for the evening was the report of the Committee on Municipal and County Charities, Mrs. E. E. Williamson, chairman.
A paper was read by Mr. Byron C. Mathews, Newark, N.J., on "The Nativities of the Inmates in the Public Institutions of New York City," illustrated by charts (page 282).
Mr. N. S. Rosenau, by permission of the Executive Committee, was granted a few minutes to present the claims of the Charities Review and to urge subscriptions for it.
Mr. Homer Folks, secretary of the New York Charities Aid Association, made an address on the work of that Association, with stereopticon illustrations (page 278).
The Executive Committee reported progress in the revision of the rules, and on motion it was voted that the report should be received in full and acted on at another session.
Sunday, July 11.
The Conference sermon was preached in St. Andrew's Church by Rev. C. R. Henderson, of Chicago University, on Sunday morn ing (page 352).
Monday morning, July 12.
The Conference was called to order at 9.50 A.M. by the President.
General Brinkerhoff announced that the Southern Conference of
The next subject was the report of the Committee on the Care of the Insane and Epileptics, chairman, Dr. H. C. Rutter, manager of Hospital for Epileptics, Gallipolis, Ohio (page 63).
A paper on "The Relation of the Public to the Insane was read by Dr. Daniel Clark, superintendent Hospital for Insane, Toronto, Ont. (page 83):
A paper on "After-care of Recovered and Convalescent Insane Patients was read by Dr. Richard Dewey, Wauwatosa, Wis. (page 76).
Miss Jane Addams, Hull House, Chicago, was invited to open the discussion.
Miss ADDAMS.-Living, as I do, in an industrial community, I see a great deal of the insane before they go and after they come back from the hospitals provided by the State. I am constantly impressed with the fact that it is very hard for patients, coming home to get used to not being in an institution. They have to be de-institutionized, which is sure to be a difficult undertaking. As patients they have been accustomed for weeks and months, and perhaps years, to
*The Prison Congress was afterward deferred till December on account of yellow fever in the South.