“In my opinion this one recommendation, if carried out, would be a

strong check to the spread not only of tuberculosis, but to other

diseases as well. Another recommendation that would prove of undoubted

profit to the State and a check to the spread of tuberculosis is that

all convicts be required by law to spend as much as one to two hours or

more a day in the open air exercising systematically. This--shall we

call it recreation-health-exercise?--time, of one or two hours, could be

arranged when contracts for convict labor were made.”

In his paper on “The Position a Physician Should Occupy in the Trial,

Sentencing and Care of Criminals,” Dr. Theodore Cook, Jr., of Baltimore,

made a strong plea for a larger recognition of the medical profession in

all questions relating to the condition and treatment of the degenerate,

sick and insane prisoner. His contention was that a great many

criminals are sick either mentally or physically, and that when these

appear for trial the State should see that their infirmities are

recognized and treated scientifically. A recommendation made by him

before the Medical and Chirurgical Faculty of Maryland was to the effect

that before a person is tried for a serious offense his mental and

physical condition should be examined into by a committee consisting of

the jail physician and prosecuting attorney of the county where the

defendant is to be tried and an alienist; the alienist to be appointed

by the Governor on recommendation of the State Medical Society at a

stipulated salary, and required to organize this committee in each

county at stated intervals. This committee would be required to pass on

the fitness of the prisoner to stand trial and receive sentence and to

see that any infirmities were properly attended to; the youthful

degenerate being given special attention, the sick healed and the insane

sent to a proper institution to remain there until discharged by this

committee. This committee should have full power to summon witnesses to

investigate the prisoner’s condition. Its findings should be filed with

the other court records before trial. Under these circumstances the

committee would determine the mental responsibility of the prisoner, and

to this extent relieve judge, district attorney and jury of a burden.

Dr. Cook also strongly urged that the physician should be given more

authority in the various institutions for the detention and correction

of the criminal classes, and that for the sanitary and hygienic

condition of such institutions he should be held strictly responsible.

EVENING SESSION

In his report of the Committee on Criminal Law Reform, Mr. Roger Phelps

Clark, district attorney, Binghamton, N. Y., said in part:

“As the law is to-day no power can force a witness to go from the State

of Pennsylvania into the adjoining State of New York to testify there

either before a magistrate or a grand or petit jury in a criminal case

other than federal. Consequently it is often the case that criminals

escape punishment and sometimes even prosecution. The punishment of

criminals should not be a local issue.

“Unfortunately the criminal laws are drafted by criminal lawyers, who,

as legislators, are seeking to protect a line of clientage, present and

prospective, rather than their constituents.

“Corporate interests that now possess as many avenues of escape from

regulation that can be made effective only by criminal prosecution, as

there are different State governments, are unwilling to have these

regulations made and enforced by the undivided power and responsibility

of one sovereign law. To them each State government is as a city of

refuge. One of the great questions to-day is whether government shall

control the corporations or the corporations the government.

“It is a deplorable fact that generally throughout this country the

judges presiding in the trials of criminal cases in courts of record are

not sufficiently versed in criminal law. This branch of law is as

thoroughly distinct from civil law as admiralty law is from

ecclesiastical law.

“Judge Taft, in his address on the administration of criminal law, in

June, 1905, before the Yale Law School, called attention to the small

proportion of murderers that were punished. Possibly this is due in a

degree to the lack of courage on the part of jurors. It seems as though

better results are secured in States that have abolished the death

penalty.

“Insanity to-day is usually the moneyed defense. The fact that a rich

man with a homicidal habit can produce experts, apparently respectable,

who will swear that at the time of the commission of the crime he was

insane by reason of a brain storm, but is sane at the time of trial, has

brought such expert testimony into merited contempt and the

administration of criminal law into deserved distrust. The only thing to

do with such a criminal is to keep him under lock and key away from the

stormy stress of free life.”

The Rev. Dr. A. J. McKelway, in speaking on “The Abolition of the Lease

System in Georgia,” gave a history of the system, described its

inhumanities and traced the steps by which its abolition came about.

Beginning when one hundred convicts were first let out for $2,500 a

year, the system grew to such proportions that in 1903 the price was

$225 a man. Many of the men were sublet at $630 a year, and those who

thus trafficked in human beings became known as “convict kings.” The

abolition goes into effect on the first of April of the present year,

and after that date the convicts are to be worked on the roads under

State supervision, and on farms which are to be established. The reform

was brought about by the overwhelming pressure of an aroused public

sentiment; and Dr. McKelway summarized the present public opinion on

this subject in the South as follows:

“First, it has been burned into the hearts of the people that it is not

good for the State to make a profit on crime.

“Second, that the State should not delegate to any person or corporation

not under its complete control the duty of punishing crime or of caring

for the criminal, old or young, white or black.

“Third, that the working of felony convicts on the public roads or

public works is an infinite improvement on the lease system; and that

the working of misdemeanor convicts in the same way is an immense

improvement over the old county jail system.

“Fourth, that the State farm is the best solution yet offered, with such

manual and industrial training as may be given.

“Fifth, that the retributive idea of punishment is giving place at last

to the reformatory idea.

“Sixth, that at least a fair proportion of the profits of the convict

labor should be set aside for the helpless family, or as a fund for a

start in the life of freedom.”

On motion of Joshua L. Baily, President of The Pennsylvania Prison

Society, a resolution was passed congratulating the State of Georgia on

its abolition of the convict lease system.

THURSDAY, NOVEMBER 19

MORNING SESSION

Mr. T. B. Patton, Superintendent of the Industrial Reformatory,

Huntingdon, Pa., presented the report of the Committee on Prevention and

Reformatory Work; and Mrs. Frances A. Morton, Superintendent of the

Reformatory Prison for Women, South Framingham, Mass., spoke on “Outdoor

Employment for Women Prisoners,” describing especially the various forms

of outdoor work in her own institution.

AFTERNOON SESSION

“Prison Discipline,” especially in reformatories, was the subject of a

most interesting address by Mr. J. A. Leonard, Superintendent of the

State Reformatory, Mansfield, Ohio.

“I wish to speak on discipline for certain exceptional types in our

reformatory prisons. I would first consider _the trusty_. There have

been trusties ever since there have been prisons. In our own work I had

in mind to employ a great many young men committed to the reformatory in

a trusted capacity--not to make them informers, not to make them a

bulwark of safety to the institution, not to pamper them, not to make

them envied by the other prisoners, but because the dictum to treat all

prisoners alike is fallacious. All prisoners under certain given

conditions should be treated alike. The even hand of justice is needed

in a prison above any place else. But there are men sent to

reformatories who would stay there if there was not a lock on the

prison. I think fifty per cent. of the men sent to the Ohio State

Reformatory would prove to be self-governing as to the matter of

custody. It is to their interest to be so.

“In setting aside those who are trusties we appeal to intelligence and

thoughtfulness. What has been the result? We had six hundred acres of

land to farm, first as an economic proposition, and second as an agency

for training. Originally our farm was a burden upon the institution,

because all the farming was done under an armed guard. It was quite a

spectacle for men to go along our public highways and see a boy, a

convict, so-called, plowing corn with an $840 man following him with a

gun. It made expensive corn and was a shock to public sense. What could

we do about this matter? To make the farm profitable, economically and

valuable industrially, it was necessary to employ in this outside work a

large number of men. I believed it possible to find young men who would

go out and work faithfully without a great degree of restraint. I wanted

to make the test and we put out fifteen men without an armed guard.

Three ran away. That was not a comfortable experience. I put out thirty

and five ran away. I put out sixty and four ran away. Last year we had

on an average one hundred and fifty men outside unrestrained by any

physical force, and we did not lose a man. What produced this change? A

change in human nature? Not at all. We simply gave free play to an idea

and the sentiment within the institution underwent a change. Three men

out of the one hundred and fifty tried to get away. Two of them

conspired together, one running this way and one that way. The officer

was fleet-footed and captured one of them. (By the way, I have come to

employ officers because they can run fast rather than because of their

ability to shoot straight.) This officer caught one and supposed that

the other had gotten away, but when he came up over the hills by the

roadside he found him. He was on the ground; a fellow-prisoner was

sitting on him and saying to him: ‘You lie still. We are not knocking

you; we are saving you trouble. You know you will be caught. We are

doing you good, but that is not why we are holding you. You are knocking

the system that the superintendent is trying to start here to give us a

fair show, and we will not stand for it.’ Public opinion in the

institution is what made that possible. How do we bring it about? Public

opinion within the institution is largely influenced by our practical

school of ethics. This school had discussed at great length this trusty

system and had given full support to the idea. Discipline will not do

it.

“The number trusted is growing larger and larger each year. We select

them very carefully. I take a boy out quietly in the evening and have a

talk with him. I ask him if he will voluntarily assume that

responsibility. If he agrees, I produce a bond, one that has been

prepared with some red ink, red ribbon and red seals and burdened with

all the meaningless expressions that our legal brethren have burdened us

with. At the bottom of it there are two clauses of plain English that

the boy is supposed to understand. There is nothing like being

impressive as he signs the bond. I say to him: ‘Now here is the place

for your surety. Where are you going to get it?’ He replies, ‘I believe

my folks will give it.’ ‘That cannot be done, my boy. This is an honor

bond.’ Then, ‘I will do it,’ I tell him. ‘I will be your first friend

and stand for you with the deputy.’

“I have signed ten hundred and eighteen of those bonds and only five

have been dishonored. That experiment has been worth a great deal more

than it costs. It costs some anxiety. Next year I expect to put out

about two hundred men if I live. I shall put out more and more each year

and I shall expect this good record to continue, simply because the

fellows inside are standing for it and even in their language they

distinguish. The fellow who scales the walls gets the applause that

always goes with the deed of daring, but the fellow who goes out after

signing a bond with the superintendent’s name to it, ‘takes a sneak,’

and when he is brought back he is made to feel it.

“Those trusties are never informers with us. We have never let them

inform us. The other boys have no prejudices against them. They want to

be with them, but I keep them as far separated as possible. If I were

building a new reformatory the ground plan would look like a spider’s

web and I would have a detached cottage for those who have proven their

trustworthiness.

“The second exceptional class calling for special discipline is _the

bankrupt_. You men who have to deal with the indeterminate sentence know

that no board of managers or set of men can make rules that will meet

the peculiar needs of individual cases. You and I know that in every

prison there are boys who cannot gain eligibility for parole under rules

made for the average, notwithstanding the fact that they are not guilty

of serious offenses, nor are they regarded as malicious or dangerous.

They become bankrupt because of the accumulation of demerits for this

thing and that. What are we going to do? If I excuse those reports it

becomes a personal favor, which is wrong and leads to bad feeling. I

asked myself the question: ‘What has society in all time done to meet

such cases? What is done in the economic world?’ I recently read an

article which said that sixty per cent. of the successful merchants were

bankrupt some time in their life. If a man who has carried on a business

comes into court with clean hands he is given the benefit of bankruptcy;

his obligations are canceled and a new opportunity is afforded him. I

asked myself the question, ‘Why can we not have something of like

character here?’ So I instituted a bankruptcy court. Our general

disciplinarian holds court on all offenses and fixes penalties under the

general rules. There is, however, a right of appeal, first to the

superintendent, and finally to the president of the Board of Managers.

Why then another court? I wanted a court which would be free from any

prejudice on account of the boys’ record, so I selected the assistant

superintendent, who, while charged with the discipline in a general way,

does not pass upon the original offenses, and then the chaplain, who has

no embarrassing relations at all as to discipline. With these two

officers we instituted a court in which were represented both the law

and the gospel. The Board of Managers heartily approved the innovation.

The rules governing that court are as follows:

“Any inmate, who because of misconduct has lost so much time as to

render the prospects of his parole extremely remote, and who, in

good faith, has resolved to establish a good record in the

institution, may make written application to the superintendent

for an exercise of clemency that may come within the

superintendent’s discretion under the rules of the institution.

“If the party making the appeal for clemency has a clear record

for thirty days next preceding the date of the application, the

appeal will be referred to the Bankruptcy Court, consisting of the

assistant superintendent and the chaplain, who will give the

applicant a hearing, carefully review his case, and make a report

of their findings to the superintendent. In case the appeal is

granted, the applicant will be placed in the second grade under

the same conditions as apply to inmates on first entering the

institution, and his consideration for parole will not be

prejudiced by his previous record.

“Any inmate who shall have served one year in the second grade,

and who has failed of promotion to the first grade because of

minor acts of omission or commission, may make written appeal to

the superintendent for promotion to the first grade, and his case

will be dealt with in like manner and on like conditions as stated

above. The superintendent will not remit time lost or make special

promotions except in the manner above indicated.

“People who come to our institution sometimes ask, What is the best

thing you have done? In making reply I do not point to any material

thing. I call attention to the bankruptcy court. It has relieved us of

embarrassment, strengthened our discipline, opened the door of hope,

extracted the teeth of criticism. It has done wonders in this direction.

I had a talk with one of those sinister, embittered boys one day. He was

sullen, not personally insolent to me, except in a degree unconsciously,

and I said to him, ‘I am thinking, my boy, of that good day coming when

you will do just the opposite.’ He said, ‘Why do you think that day will

ever come?’ ‘Simply because you have sense enough in your head; it is

sure to come. You are not so bad. You fancy you are a bad fellow. You

are bad enough for all practical purposes, but you are not so bad as you

think. All you have to do is to turn around. You are a six-cylinder

fellow. You have force and will, and you have obstinacy and lots of

other things you ought not to have, and when you turn around, then we

are going to have one of the best boys instead of the worst.’ He said,

‘You cannot make the officers of this institution believe I would turn

around.’ I said, ‘No, but you and I can make them believe it, not I, but

you and I, and I shall expect it some day.’ After six weeks there came

this letter from him: ‘I have turned around, but in doing so I’m face to

face with a hopeless lot of demerits, and I therefore appeal for the

benefit of the bankruptcy court.’ He was working in the right direction.

I would not take the time to tell you his career afterwards. It was all

I hoped for.

“The third type that requires special methods of discipline is the

sinister ‘smart Aleck.’ A boy of this type came to me in a very insolent

way and said, ‘I am a worse man than when I came.’ I replied: ‘I have

talked to you often, and for the first time your opinion coincides with

mine. I believe you are, as you declare, a worse boy than when you

came.’ He said, ‘What is the good of a reformatory?’ I was sorely

puzzled how to deal with that boy. I said to him, ‘Do you think a place

makes a man good or bad?’ ‘This place has made me bad. No reformatory

reforms anybody.’ ‘My boy, do you believe heaven is a good place. Do you

think the rules and regulations reasonable up there?’ He replied, ‘I

expect so.’ ‘Do you not know that one of the excellent but opinionated

inhabitants of that place got out of tune with it, found fault with the

management, created dissatisfaction among the weaker angels and created

no end of trouble, and the Creator had to provide another place? Do you

know the identity of this trouble maker?’ ‘Yes, the devil.’ ‘Do you know

where he is?’ ‘Yes, in hell.’ ‘He is not in hell all the time, as long

as you feel as you do now.’

“After a little further discussion he was asked if he saw the point of

the illustration. He said he guessed he saw where he was headed for,

according to the example I had held up for him. I then showed him what a

privilege it is to be able to profit from the example of those who have

made a failure rather than to share their experiences. He thereupon

threw aside his cynicism and admitted in the most candid way that he had

been irritable and ugly and expected to be punished, but that my

patience, taken with the illustration, had made him feel differently,

and that he would demonstrate to me that he was not the devil or his

accomplice, nor would he be a trouble maker. He on more than one

occasion later referred to the fact that the devil had been a saving

agency in his reformation.

“The cynical fellow is apt to have sufficient intellect to which to make

successful appeal. I think of a prison as simply a fulcrum for the lever

of reformatory effort. By the sentence of the court confining these two

young men heretofore referred to, I was afforded the fulcrum to bring to

bear the right kind of discipline.

“The next type calling for special discipline is the _outrageous

fellow_. I have asked myself what reason there is in psychology, in

humanity or in common sense for making a prison a silent tomb. How can

we hope to socialize young men by denying them communication by speech?

If a man refuses to talk or laugh, incipient insanity is at once

suspected. With these thoughts in mind, I thought I would do away with

the rule requiring silence in the dining room. Hoary-headed tradition

forbade it; prison administrators in whose wisdom I have the greatest

confidence questioned it; but I was impelled to try it. All went well

until one day the ‘outrageous fellow’ referred to was brought to court

charged with quarreling with his neighbor at table, hurling a large

porcelain bowl of tea into his opponent’s face, slightly burning him and

cutting an ugly gash in his head. The most serious offense, however, was

creating a condition in a crowded dining room favorable to riot. It was

the opinion of our officers that he should be severely punished, their

idea of punishment including the infliction of bodily pain. I agreed

that he deserved whipping, but reminded the officers that this world was

not entirely established on the basis of desert; that the best of us had

little claim to heaven on that basis. We did not whip him, not because

he did not deserve it, but because we owed it to him and to the

institution to do that thing that would most positively quicken the

moral sense and create a wholesome public sentiment. Calling him up, I

told him that he had put me to shame; that he had justified all my

critics who said that I would get into trouble by allowing the boys to

talk at the table; that he was the only one out of a thousand that

failed to appreciate what had been done for him. ‘Now,’ I said to him,

‘$1’ This method, I believe, had the approval of practically every

inmate of the institution. The boy himself said that he would rather be

whipped, as he felt that he had been whipped every time he came into the

dining room and turned his back to the other inmates; they would all

feel that he was unfit to be with them. After three weeks he made full

amends and was allowed to join his fellows, and never gave trouble

afterwards.

“Another closely allied to this chap is _the rebellious man_. All prison

men will agree that of the troublesome prisoners the rebellious man

must be most promptly and effectually dealt with. I have friends who are

my superiors in knowledge and wisdom who favor corporal punishment or

handcuffs or the dark cell. I would not have a dark cell in the

institution. Instead, I make the punishment cell lighter than any other.

Why? That is not based on sentiment. If a bear wants to hibernate he

hunts the dark cave. If you and I want rest we want the hours of

darkness. If the creeping things of the earth want to get rest and dull

their sensibilities they hunt a board or a log. The light is the most

stimulating thing in all the world, and what I want to do with the

rebellious inmate is to put him in a light cell. I want to stimulate

him. Our reflection chambers are large, light and airy and so arranged

that the occupants can smell every dinner that is cooked and hear the

band and the boys playing ball. It gets to be uncomfortable and they

want out and they want out badly. What is the result? They go to the

deputy and say they are wrong and want to start new. If you whip a boy

in prison he will suffer martyrdom if he can but have one admiring

onlooker. But when you take a fool’s audience away, in prison or out, he

loses the stimulation of his vanity. When he leaves our discipline

department he cannot swagger that he endured this thing or that, because

every person knows that there is only one way to regain his place among

his fellows, and that is by the promise to conform. No handcuffs have

been used in the Ohio State Reformatory for seven years. Our correction

cells, known in the institution as ‘reflection chambers,’ have been

all-sufficient.”

In the discussion which followed Mr. Leonard made the following

additional remarks on the method of parole followed in his institution:

The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909) · 第 5 / 6 段