CHAPTER IX

ABOLITION AND ORDER

Meaning of term “Abolition.”—Immediate effect of abolition.—General

distinction between regulation and abolition.—Abolition not

_laissez-faire_.—Provisions of English law as to street-walking,—as to

brothels.—Legislation in Norway,—in Denmark,—in Holland,—in

Switzerland.—Public opinion an important factor.—Actual conditions as

to street-walking in London.—General improvement.—Actual conditions as

to vice resorts.—Effects of London policy.—Comparison with continental

cities.—Abolition and the police.—Conditions in provincial and

Scottish towns.—Conditions in abolition towns on the Continent.—The

suppression of bordells.—Street-walking in Copenhagen,—in

Christiania,—in Dutch cities.—No loss through abolition.—Prostitution

and vagabondage.—The domicile problem.—Prostitution and crime in

abolitionist communities.—Morals police in abolition communities.

The term abolition is more or less widely misunderstood. Not

infrequently it is supposed to mean “the abolition of prostitution,” and

abolitionists are represented as bent upon summarily abolishing

prostitution through statutory enactment or otherwise. As a matter of

fact, abolition refers only to the abolition of laws and police

ordinances regulating, recognizing, or licensing the practice of

prostitution;[527] and abolitionists are those who oppose all statutory

enactments or police decrees authorizing the inscription or medical

examination of prostitutes, as well as all laws which bear upon only one

of the two parties involved. Still another misconception will be exposed

in the course of the present chapter: opponents of abolition (i. e.,

those favoring regulation) often assume that abolition is identical with

_laissez-faire_; they argue that if the regulatory system is swept away

no apparatus remains by means of which prostitution can be kept in

bounds, and their terrified imaginations at once conjure up pictures of

abolitionist communities overwhelmed by the rising tide of immorality

and disease. Without at all prejudging the case either in favor of or

against abolition, the notion that abolition is a purely negative policy

beginning and ending with the ignoring of prostitution may be

characterized as baseless. Unquestionably, such might be the case. A

community might refuse to recognize prostitution by regulation, and

might, like the ostrich, bury its head in the sand, refusing to admit

the existence of prostitution as a phenomenon requiring the attention of

society. But, to be candid, this is nowhere the case, though one

frequently and commonly hears it said. The abolition of regulation has

nowhere resulted in a _laissez-faire_ policy. Against both the above

errors we need therefore to be warned at the outset. Abolition means

only the abolition of regulation, not the abolition of prostitution;

abolition does not require that prostitution be ignored, overlooked,

tabooed, or treated in a spirit of prudery as non-existent: it is

entirely consistent with thorough inquiry into the whole phenomenon, and

constructive social action aiming to deal with it.

Generally speaking, the immediate effect of abolition is to place the

mere act of prostitution in the same position as any other private vice.

The prostitute as such is like the drunkard as such, or the opium-eater.

A woman, for example, who prostitutes herself for money is in abolition

communities in the eye of the law in precisely the situation of the man

whom she has gratified: if the pair give no offence, the State takes no

cognizance of the act. The intervention of the law is conditioned not on

the act itself, but on certain conditions or results which make it

something more than an affair involving two participants. If decency is

violated, if disorder is created, if neighbors are scandalized, in some

countries if disease is communicated, society considers itself warranted

in interfering, just as it interferes in other circumstances to preserve

or to promote the peace and health of the community. So far, there would

appear to be little difference between what happens in regulated and

what happens in unregulated towns. In Paris, as in London, in Budapest,

as in Copenhagen, the mere act of irregular copulation is not regarded

as a crime, even though money passes; even in Germany, despite the

letter of the German law, which brands all non-registered professional

prostitution as criminal, inoffensive prostitution for money is treated

like ordinary immorality and is not interfered with. On the other hand,

everywhere the authorities act whenever the usual order of the community

is disturbed by prostitutes or prostitution. So far, then, I say,

regulation and non-regulation are alike. There are, however, two

distinct differences. In regulated towns, inscribed prostitutes are

treated differently from non-inscribed prostitutes; in non-regulated or

abolitionist towns, all prostitutes are regarded as alike. In regulated

towns, what is an offence if committed by a non-inscribed woman is not

an offence if done by an inscribed woman. In non-regulated towns

whatsoever constitutes a violation of law on the part of A would

constitute a violation of the law on the part of B. If street-walking is

forbidden to one, it is forbidden to all; it is not allowed to one sort

of prostitute (viz., the registered prostitute) and denied to another

(viz., the unregistered, falsely called clandestine) prostitute. If

disorderly houses are illegal, they are illegal: they are not legally

authorized for one group of women and criminal for another group. From

the standpoint of positive policy, this is a significant difference, for

it favors the formulation of a general policy applicable to the

phenomenon as a whole. Regulation is, as I have pointed out, a policy of

exceptions; and wherever a fractional policy is adhered to, the

exemptions operate as a drag upon a comprehensive program; the

exceptions impede and hamper the conception or the execution of any plan

conceived in reference to the entire problem.

The second distinction relates to the legal forms employed in dealing

with infractions of public order. I have described the methods employed

in regulated towns; by the act of inscription the woman surrenders the

rights and privileges of a human being; she makes herself a legal, as

she is already a social, pariah. The police may use their arbitrary

powers as considerately as they will; their behavior, if humane, comes

to the outcast as a matter of grace, not of right; except through the

pressure of public opinion, the woman has no assurance of humane

treatment,—she has no recourse, no redress, no rights. In abolitionist

countries, offences against order, decency, or health committed by

prostitutes are handled precisely as are the same offences when

committed by other persons. The law operates along established lines for

all offenders alike. If summary procedure is prescribed—i. e., a hearing

before a magistrate without a jury—it is prescribed for all persons

accused of the offences in question. In any event, the accused has every

opportunity and facility to make a defense,—attorneys, witnesses, and

the right of cross-examination. She can be convicted only by regular

processes, based on the explicit law of the land; in England, a writ of

habeas corpus would promptly take her before a court of competent

jurisdiction, if any ground for arbitrary detention could be made out. I

do not say, at this juncture, that the two points just instanced are of

themselves enough to justify abolition. The issue between regulation and

abolition will in this book be decided by the outcome of a comparison

between them in respect to order and disease,—the two aspects of

prostitution with which regulation undertakes to deal. Nevertheless, the

characteristic differences above touched on cannot be overlooked, if the

situation is to be grasped in all its essential bearings.

Though consistent in their indifference to prostitution in itself, the

statutes of abolitionist countries provide more or less amply for the

phenomena that are its prompt and well-nigh inevitable accompaniments:

so prompt and so inevitable indeed, that, for practical purposes,

prostitution itself can almost be said to be dealt with. A woman may

indeed prostitute herself with impunity; but if without reputable

occupation, she may be taken up as a vagabond. She may sell her favors

without for that act incurring the penalties of the law; but she may be

taken up for street-walking, for solicitation, for keeping a

brothel,—for any one, indeed, of the steps by means of which she

procures trade enough to keep breath in her wretched body. Abolition is

therefore not necessarily crippled in the matter of dealing with

nuisances; but the offending woman is prosecuted, not because she is a

prostitute, but because she has made herself obnoxious in practising

prostitution.

Close as the prostitute thus always is to the clutch of the law, the

distinction in principle is broad and clear. The prostitute is an object

of police action in abolition countries only when guilty of offences

against order and decency. Her business can with difficulty be conducted

without such offences. Nevertheless, as long as police interference is

conditioned on the offences in question, no novel or dangerous police

function is created,—such as would be created if the police were asked

to intervene on the ground of immorality. In the latter case, they would

be required to discharge an entirely new duty, distinct in quality from

anything else they do: they would become “_custodes morum_”—guardians of

public morals, instead of guardians of the public peace. To do the

latter they are competent, for breaches of the peace are open, obvious,

concrete,—perceptible by the ordinary senses of sight and hearing. It is

quite different with offences in the forum of morals. These are at times

difficult to detect, and involve subtle or problematic distinctions

which the police are too crude an instrument to make. Hence, as long as

the police deal with the concrete infractions by means of which

prostitution tends to bring itself into the net, they can act

consistently; should their range be extended so as to cover prostitution

as such, a partial policy would result: they could not act, unless guilt

were obvious; and this justified failure would create precisely the

opportunity for corruption and collusion that originates from

regulation. Finally, in so far as disorder leads to police interference

with prostitution, both parties to the act may be apprehended. Were

prostitution as such made a crime, only the woman would be reached. For

all these reasons, abolition legislation has consistently viewed

prostitution as a vice, attaching penalties only to its objectionable

manifestations.

We have seen in a previous chapter how prostitution tends to certain

forms or expressions,—street-walking and brothels, for example; how it

tends to associate itself with certain occupations or activities,—the

stage, the café, the public dance hall, and a few employments, genuine

or otherwise. The present chapter will tell how these various aspects

are dealt with in abolitionist communities and will endeavor to decide

whether regulation possesses any advantage over abolition in respect

thereto.[528]

The English law provides:[529] “Every common prostitute or night-walker

loitering and importuning passengers for the purpose of prostitution in

any street, to the obstruction, annoyance, or danger of the residents or

passengers”[530] may be arrested by a constable[531] without warrant and

on summary[532] conviction be fined 40s. or imprisoned fourteen days. In

the Metropolitan Police District of London a prostitute is liable to the

same penalty, even though actual solicitation is not proved.[533] The

English police have therefore full power and authority to clear the

streets.[534]

The law is equally clear on the subject of disorderly houses or

brothels. A brothel is in England defined as a “place resorted to by

persons of both sexes for the purpose of prostitution”; it need not be a

whole house and may be a single room, but it does not include a house

that is occupied by one woman who is there visited by many men for the

purposes of unlawful intercourse nor a house let out in separate

apartments to prostitutes in which the owner does not live and over

which he has no control.[535] The English definition is thus broad

enough to include not only outright resorts, where prostitutes live and

practise their trade, but _rendezvous_ houses and hotels where rooms are

let for immoral purposes to transient customers without baggage. The

Common Law viewed the brothel as a nuisance, on the same footing as a

gaming-house or any place frequented by noisy and disreputable

characters. It could be proceeded against by indictment, because it

“endangers the public peace by drawing together dissolute and detached

persons.”[536] Any person might initiate prosecution and recover a

reward, if the prosecution were successful. With the passage of the

_Criminal Law Amendment Act_ of 1885, however, more expeditious

procedure was introduced. The Act penalizes “any person who keeps or

manages or acts or assists in the management of a brothel,” permits the

use of premises he controls for the purposes of habitual prostitution or

is a party to such use.[537] Places kept for public dancing, music, and

other forms of entertainment as well as taverns, lodging-houses, etc.,

must be licensed; and, as we shall see, their relations to the practice

of prostitution have been greatly affected by the general change of

policy in this respect.

The statutes governing the provincial and Scottish cities are not the

same in all respects as those applicable to London, but in the upshot

there is little difference. The _Towns Police Clauses Act_ already

referred to is the legal warrant on the basis of which the provincial

authorities proceed. Certain towns, however, operate under special acts,

not materially different in theory or application. The law of Glasgow,

for example, runs as follows: “Every prostitute or street-walker who on

or near any street loiters about or importunes passengers for the

purpose of prostitution shall be liable to a penalty.”[538] In so far,

therefore, as the letter of the law is concerned, it is clear that

abolition in England by no means involves a policy of _laissez-faire_ as

respects the outward manifestations of prostitution. This is perhaps a

sufficient refutation of the commonly made statement that the English

law “ignores prostitution,” “shuts its eyes to it,” “refuses to

recognize its existence,” etc. As to all these points, English law

exactly corresponds with that of many continental nations; it deals, not

with prostitution in itself, but with scandal arising in connection

therewith. Further, the English law differs from that of some

continental nations in refusing to authorize or license prostitution,

but in so doing it occupies precisely the position of certain other

continental nations that maintain the same position.

At the present time, the abolition legislation of Norway and that of

Denmark—largely modeled upon it—are perhaps the most influential of all

statutory enactments dealing with prostitution.[539] In Norway, a severe

penalty is attached to the maintenance of houses of prostitution; the

ordinary provisions of the criminal code enable the police to arrest

women for intoxication, for solicitation, and for other violations of

decency; the prostitute can also be proceeded against on the ground of

vagabondage. Persons who for their own profit aid “in the immoral

intercourse of others or take advantage of such immoral intercourse” are

liable to imprisonment up to two years.[540]

The Danish law of 1906 follows along the Norwegian lines. It repeals the

law of 1866, by which regulation had been instituted, and, as Police

Inspector Schepelern-Larsen acutely remarked, the “prostitute’s

recalcitrancy was rewarded,” for the woman twice punished as a common

prostitute had—as elsewhere—been inscribed and was thereafter privileged

to pursue the course for entering upon which she had twice suffered a

penalty! The new law abolishes this privilege; it denounces the common

prostitute as a vagabond[541] and renders her amenable to the

consequences of vagabondage; any one who solicits or invites immorality

in such wise as to offend against the sense of shame, causes public

scandal, or annoys a neighbor is liable to punishment;[542] bordells are

expressly forbidden, and severe penalties are aimed at those conducting

places of assignation; the police are empowered to prevent keepers of

hotels, cafés, and restaurants from utilizing immoral women as

waitresses.

The Dutch law of 1911 for the prevention of immorality bears with

especial severity on the violation of minors and the promoting of

immorality—the latter intended to suppress bordells,[543] and to prevent

third parties from profiting through the demoralization of others. Local

ordinances in some instances go even further: in Amsterdam, for example,

owners and renters are forbidden to “afford others an opportunity for

immoral acts, either customarily or in the pursuit of gain”; after such

places have been closed or ordered closed “it is prohibited to visit

them.”[544]

Street order is a matter of local determination. At Amsterdam the

ordinance reads: “Women are forbidden to take their stand on the steps

or in the doorways of taverns and beer-houses or other houses accessible

to the public, or being within the houses to attract the attention of

passers-by to themselves by a deliberate act of communication or

exposure.”[545] But a more formidable weapon is put in the hands of the

authorities by the following proviso: “Women are forbidden to stand in

the public streets, in front of or in the vicinity of the places above

specified or on the corners of streets in which such places are situated

or _to walk up and down_ in the vicinity after a police officer has

ordered them to move on.”[546]

It is perhaps unnecessary to enter into the question at greater length

in order to show that abolition does not mean _laissez-faire_; in all

the countries that I visited, abolition of regulation is accompanied by

definite statutory authority to deal adequately with prostitution in so

far as it imperils order and decency. Switzerland,[547] where the

discussion has thus far been left to cantonal regulation,[548] may serve

as a concluding instance. In Zurich, to take a fair representative,

persons who provide opportunity for the immorality of others or derive a

profit therefrom (i. e., bordell-keepers) are liable to heavy fine and

five years of hard labor.[549] For the maintenance of decency in public

thoroughfares, it is provided that “women who in public places offer

themselves for immoral purposes or tempt thereto may be imprisoned up to

eight days.”[550]

Clearly, therefore, it does not follow that the laws are silent or

ineffective merely because prostitution is in itself regarded as a vice,

not as a crime; on the contrary, legislation may in non-regulated

countries be at once more comprehensive and more consistent than in

regulated communities. I have already instituted a comparison between

regulation and abolition in respect to certain points. For the sake of

simplicity, it may be well to continue this method, as we proceed. As

far, then, as the legislation goes, the police authorities of London,

Copenhagen, and Christiania evidently have a simpler, more logical and

more thoroughgoing statutory basis from which to proceed in the

protection of the public and of the prostitute herself than is possessed

by the police of any regulated town or country. For the London or

Copenhagen police can at least go as far as the police of Berlin or

Hamburg and they can act consistently in reference to all prostitutes.

They are empowered to deal with the entire phenomenon in so far as it

endangers public order; at no point are they balked by the exemptions

that regulation makes in favor of women privileged through inscription.

This point, however, must not as yet be regarded as decisive of the

issue. It still remains to be seen how the competing systems work.

For laws do not enforce themselves. They must be converted into a policy

by the attitude of the police, by the interpretations of the courts, by

the demand of public opinion. Let us consider briefly how statutory

provisions are modified by these factors.

Public opinion is unquestionably the most powerful of influences. Be the

letter of the law what it may, actual achievement under it will depend

first and foremost on what general sentiment demands and consistently

supports. As abolition has been brought about in part by agitation on

ethical lines, one would expect a more highly developed public opinion

in abolitionist countries. This undoubtedly exists. The suppression of

the public bordell is without question an achievement due not only to

legislation, but to popular insistence that police and courts enforce

the law. In Germany as in England, the bordell is illegal; but public

opinion in Germany being less highly developed and less articulate, the

law remains in most places a dead letter.

Curiously enough, public opinion in this entire matter is more or less

self-contradictory. On the one hand, orderly streets, free of scandal,

are required; on the other hand, a blunder made or apparently made by

the police is violently resented. The same opinion that demands the

former stands ready to burst into flame in the event of the latter. The

Royal Commission which, in consequence of a supposed blunder,

investigated the London police, declared that “the main difficulty in

enforcing the law (as to solicitation) is caused by the

over-sensitiveness and impatience of the public whenever there seems

ground, however slight, for alleging that there has been a mistake in

arresting a woman on a charge of solicitation. Not only the particular

constable who effected the arrest, but the police as a whole find

themselves suddenly the object of public censure in the press, in

society and even in Parliament. These displays of emotion are curious in

the case of a law-abiding and law-respecting community such as ours

seeing that similar feelings of indignation are rarely aroused in cases

where men are acquitted of crime of the greatest gravity. Every one

must, however, recognize that it is a very terrible misfortune for an

honest woman or girl to be publicly tried on a charge involving an

imputation of peculiarly disgraceful unchastity. Whatever may be the

causes of, or excuses for, these gusts of popular emotion, there can be

no doubt that they tend to some extent to impair the activity of

constables.”[551] We may expect, therefore, to find actual conditions

not so good as the law to the extent that public opinion fails to

require or sustain their enforcement, and to the extent that

hypersensitiveness or hysteria is ready to attack the police where

absolutely overwhelming proof can not be furnished at the moment.

The construction of the law by the courts—itself both a result and a

maker of opinion—is likewise an important factor in deciding what

legislation will achieve. Wherever magistrates disagree as to the

precise intention of the statute, a twilight zone is created, in

consequence of which the scope of the law is indirectly narrowed; for

official policy tends to restrict itself to acts that the courts will be

sure to uphold.[552] Finally, the rules, the policy, even the tradition

of the police department in applying statutes and judicial decisions and

in endeavoring to meet, without outrunning, the demands of public

opinion, tend now to stretch, now to restrict, the law as it stands on

the statute books. For example, the Danish statute punishes any

exhibition or act that disturbs order, offends the sense of shame, etc.

The courts, it is now pointed out, might have deprived the section of

all its force by requiring the production of a witness whose sense of

shame was actually outraged. They have, however,—undoubtedly governed by

public opinion—construed the provision to refer to conduct which would

naturally give such offence,—and the policeman’s evidence is sufficient.

This section has therefore been effective. On the other hand, the courts

have held that it is no offence for prostitutes to gather in small knots

on the streets,—as a result of which the phenomenon has latterly become

more prominent in Copenhagen.

It is our present task to ascertain what actually happens in

abolitionist communities and to compare the results with the conditions

described in previous chapters. The practical outcome of the English

statutes, as interpreted by the courts and as demanded by public

opinion, is reflected in the regulations promulgated for the guidance of

constables by the Commissioner of the Metropolitan Police. In respect to

brothels, the London constable is instructed to “note in his pocket-book

and report any house apparently used as a brothel.”[553] The constable

takes no further step on his own initiative; arrests are made on

direction of borough or other authorities, after complaint by neighbors

or others interested.[554] Prostitutes on the street are to be dealt

with discreetly—“not to be interfered with unnecessarily.” The names of

women acting like prostitutes are to be reported; women engaged in

soliciting are to be warned before arrest;[555] annoyance of passers-by

is to be prevented.[556] The police act on their own initiative only if

the behavior of the woman is offensive, annoying, or scandalous. The

unobtrusive prostitute is not molested. Keepers of licensed premises, i.

e., liquor establishments, refreshment houses, etc., are to be reported

if they permit prostitutes habitually to resort to their

establishments.[557]

The limitations thus placed on the constable are partly due to the size

of the area covered. I have already had occasion to remark how certain

situations change qualitatively whenever they undergo a radical

quantitative expansion. Centralized supervision of the individual

conduct of sixteen thousand policemen dealing with so delicate a matter

as prostitution is difficult in the highest degree. When does the

conduct of a woman stamp her as a prostitute in such wise that a

magistrate will sustain the constable who apprehends her? When does her

conduct overpass the limits of toleration? Shall the patrolman enter

suspected disorderly houses for the purpose of satisfying himself as to

their character? In small towns, where everything readily becomes

notorious, it is a comparatively simple matter to check up the doings of

the police; where the head is sound and the motives are pure—as is

regularly the case abroad—more or less initiative may be safely

entrusted to a constable who is thus easily supervised. But in London

the magnitude of the task would expose the patrolman to grave danger of

corruption and collusion. He might be corruptly induced to overlook

cautious violations of the law, if it were made his duty to be the

aggressor in taking action; or he might be tempted to levy blackmail,

difficult as that would be under existing circumstances.[558] His

initiative is therefore restricted to concrete and overt instances.

Further steps depend on the action of higher authorities,—a machinery

readily set in motion by protest or complaint. The department thus has

the guarantee of both evidence and supervision, since the parties who

lodge the complaint will see to it that proper steps follow. In a

peculiar degree, therefore, it is true that in London conditions depend

on the state of public opinion.

In consequence of the policy described above in respect to

street-walking, somewhat spotty conditions characterize the metropolis.

Women are distinctly abundant in the streets radiating from and in the

vicinity of Trafalgar Square, Oxford Circus, Regent Circus, and the

various railway stations. As a rule they conduct themselves

unobtrusively, communicating furtively with passers-by, though, after

midnight, they are at times more aggressive. Whenever the police are

sustained by the aroused public opinion of a given locality, improvement

ensues; for the inhabitants of a given neighborhood having protested

become checks on the police assigned to the district; unless action is

taken along the desired lines, suspicion is awakened and protests

accumulate. In this way, the Strand, only a few years ago one of the

scandals of London, has been rendered comparatively innocuous. Besides

the transformation wrought in particular spots, an unmistakable general

improvement is noticeable throughout London. This is a fact familiar to

travelers returning to London after an interval of a few years; it was

practically the unanimous testimony before the Royal Commission. On this

point it is hardly necessary to do more than to quote the words of Mr.

W. A. Coote: “I have known London for the past forty years, and my

memory goes back to quite forty-seven years. I knew the Haymarket and

Piccadilly very well forty-seven years ago and I say that London to-day,

compared with what it was forty years ago, is an open-air cathedral.

Everything has gone for the better.”[559] The laws remain the same, but

popular demand has caused, or enabled, police and courts gradually to

make more of them. The increased activity of the police is evidenced by

the greater frequency of arrests, 2,409 in 1901, 4,206 in 1905. The

courts have more than kept pace. Of the smaller number arrested in 1901,

274 (11.4%) were discharged: of the larger number arrested in 1905, 252

(6.3%) were discharged.[560] The high percentage of convictions

testifies to the discrete manner in which the police discharge their

duties.

How stands it with the brothel or disorderly house?[561] A brothel—it

may be well to repeat—is a house in which prostitutes live, to which

they bring or in which they receive their patrons. It has been held,

however, that no brothel exists where only one woman prostitutes herself

for money. The room to which the street-walker retires with her prey is

not a brothel in the meaning of the law. But wherever two or more women

occupy premises for the purpose of carrying on prostitution, a brothel

exists, no matter what the subterfuge employed,—be the quarters in

question their living-rooms, a pretended manicure or massage

establishment, or what not. Such resorts nowadays lead a stealthy,

uneasy, transient life in many sections of London, including the

suburbs. In the West End a few fashionable brothels are found, located

where they are least likely to be noticed, and transacting their

business with a limited clientele procured through introduction. Much

more frequent, but also much less stable, are the brothels of the

Haymarket region, masking as massage rooms, baths, as schools for the

teaching of foreign languages or elocution, or as rheumatism cures. The

women conducting these places advertise in certain periodicals and even

send “sandwich men” parading through Regent Street and Bond Street.[562]

The inmates are, however, very careful not to attract the attention of

others in the same house or in the neighborhood; hence the places are

open only during usual business hours, though they make appointments

elsewhere for other times.[563] The police are, of course, usually

informed; but in accordance with their policy are content to preserve

decorum until outside agencies move; whereupon the brothel is broken up,

the inmates being either arrested or dispersed. Certain sections of

London have been greatly improved by organization work of this type. For

example, the Central South London Free Church Council has been

beneficially active in South London. In 1909, this organization

prosecuted 68 brothel-keepers; in 1910, 53; in 1911, 32; the reduction

being due not to decreased vigor, but to better conditions.[564] The

activities of the police in this direction are exhibited in the

following table:[565]

───────────────────────────────────────────────────────────────────────

Convicted, held to bail,

or committed to Reform

Taken into Custody Discharged School

Year Males Females Total Males Females Total Males Females Total

1901 145 243 388 11 27 38 134 216 350

1902 142 271 413 16 25 41 126 245 371

1904 292 442 734 30 55 85 260 386 646

1905 269 431 700 29 40 69 240 390 630

1906 264 403 667 24 40 64 239 363 602

1907 187 305 492 14 27 41 173 278 451

1908 154 192 346 13 19 32 132 152 284[566]

1909 184 219 403 17 17 34 160 174 334[567]

1910 110 182 292 9 16 25 90 139 229[568]

───────────────────────────────────────────────────────────────────────

A certain amount of repressive activity, evoked in the same

fashion—viz., by outside protest or actual disorder—goes on in reference

to assignation hotels, and other resorts apt to be frequented by

prostitutes. The public drinking-house is the object of more severe

measures, in furtherance of the policy of reducing the number of

taverns. A license is in danger of cancellation, whenever prostitutes

are harbored.

English activity in respect to prostitution thus involves the

suppression of brothels and the gradual improvement of street

conditions. Too little is accurately known regarding the dimensions of

the prostitute army to decide how this policy affects the number of

women engaged. There can be no doubt, however, that it diminishes the

attractiveness of the career on the financial side; for the women are

practically forced to pick up their customers on the street under

conditions very unfavorable to the canvass for trade, and in the long

run diminished returns must check the recruiting process, on the

professional side at any rate. If by reason of the furtive and shifting

manner in which the trade must be plied, the volume of business is

slighter, then beyond any doubt the amount of disease disseminated and

the amount of financial waste are both correspondingly diminished.

Our main interest at this moment is, however, comparative. London,

Berlin, Paris, and Vienna are cosmopolitan cities. London does not

regulate prostitution; all the others do. London has no morals police;

all the others have. London watches prostitution through the ordinary

uniformed force acting under strict instructions; the others employ

plain-clothes men with special powers. London possesses no arbitrary

police process; all the others do. Does London suffer in the comparison

in respect to public order and decency? Most assuredly not. The

Haymarket may perhaps be no better than the Boulevards,

Friederichstrasse, or Kärntnerstrasse; it is in any case no worse.

Conditions have improved everywhere; but I suspect there has been more

amelioration in London and that it is likely to travel further than

anywhere on the Continent. The cities differ, of course, in regard to

many important elements,—race, tradition, ideals; and these elements

affect more or less the aspects of social order with which we are

dealing. But in any event the evidence warrants us in concluding that,

taking the actual situation as we find it, the English metropolis shows

no sign that it lacks a police instrument that the others possess. To

prove that such an instrument confers no comparative advantage is, of

course, conclusive against it; but our previous examination strengthens

the case for abolition to the extent that it disclosed substantial

disadvantages on the side of regulation.

I am by no means disposed to imply that London has exhausted the

possibilities of wise action in reference to prostitution,—that its

procedure leaves nothing to be desired. There would, for example, appear

to be no good reason why a prostitute calling herself “Nurse Dora”

should be privileged to advertise herself on billboards circulating up

and down Regent Street and Bond Street.[569] But at this juncture I am

not especially concerned to indicate the defects of any particular

abolition town. The issue is for the moment between regulation and

abolition and we are interested in ascertaining whether, as the matter

now stands, abolition communities necessarily fare worse in respect to

external order than regulation communities, and whether, in general,

abolition promises better or worse results than regulation.

The London method, it is often urged, scatters prostitution, thus

rendering it more difficult to deal with and more dangerous to the

innocent poor. Neither assertion is, as compared with regulation on the

Continent, actually or necessarily true. In so far as prostitution tends

to be associated with crime, dispersion is sound policy; the police of

set purpose break up nests of crime. Evil-doers—prostitutes among

them—are most dangerous in gangs; dispersion strips them of power,

cunning, and daring. There are, however, limits to dispersion, fixed by

rental, character of the neighborhood, etc., in consequence of which

birds of a feather still continue to flock together. Hence the

scattering is continually interrupted by brief fortuitous settlement

here and there, or by longer joint sojournings in buildings out of which

decent people are gradually edged. This happens in London; but,

unfortunately for the contrast set up by regulationists, it happens

everywhere else as well. Prostitution is assuredly no more widely

scattered in London than in any of the other cities compared with it;

maps showing its incidence would abundantly sustain this assertion.

Berlin is in this respect precisely like London; the Berlin prostitute

lives anywhere, well-nigh everywhere, and, besides, frequently possesses

a key to a room in an apartment building close to the scene of her

nightly perambulations. In Paris and Vienna, the amount of bordelled

prostitution being negligible, the numerous non-interned women live

where they please; in Vienna, indeed, as I have pointed out, the police

rules expressly forbid needless interference with their preferences as

to domicile; in Paris, they congregate in the congenial environment of

Montmartre and the Latin Quarter; but they are not excluded from

fashionable thoroughfares such as the Avenue Victor Hugo, or the spokes

of the wheel radiating from the Arc de Triomphe. Abolition does not

suffer by comparison with regulation in this respect.

An interesting light is shed on the relation of street and bordell,

discussed in a previous chapter, by the experience of London. Regent

Street and Piccadilly are still notorious for the number of loose women

frequenting them; but far less so than formerly when “at certain hours

they became so crowded with undesirable persons as to make the use of

the streets irksome to respectable persons.”[570] In this same area over

three hundred disorderly houses have been closed in consequence of legal

proceedings in the division of St. James, covering about three-quarters

of a square mile. The tightening of police control may explain the

improvement in street conditions; but the coincidence of improved

streets and closed brothels shows clearly that suppression of brothels

does not necessarily result in aggravation of street conditions; there

is, as I have previously pointed out, every reason to believe just the

reverse.

A word as to the effect of abolition on the character of the police. I

have emphasized the admirable quality of the continental police, due in

the first place, unless I err, to the secure tenure, the independence,

integrity, and intelligence of the commanding officers; the weak

spot—and that of varying seriousness—is the morals division, which,

capable of proving anywhere a localized infection, has in some instances

become an open sore. That abolition is solely responsible for the

difference I do not affirm; but it is at least noticeable that the

police of the British metropolis have passed practically unscathed

through the most searching criticism,—the strongest witness in behalf of

their general probity, humanity, and helpfulness having been borne by

those who know most of their relations with prostitution. Exceptions

were indeed found; a force approximating 17,000 men could hardly be

entirely lacking in black sheep. For example, the Royal Commission

verified thirteen complaints preferred by superior officers against

constables,—one of consorting with prostitutes, twelve of relations with

brothel-keepers,[571]—all severely dealt with; but, on the whole, they

“had no hesitation in coming to the conclusion that the force discharge

their duties (in respect to prostitution) with honesty, discretion, and

efficiency.”[572]

The charge most readily made relates to the corruption of constables by

prostitutes in the street with a view to securing immunity from arrest.

I have shown the practical difficulties in the way of controlling this

matter in regulated towns where certain women have the right to

promenade,—a right which can be corruptly extended to others, and no one

be the wiser; for who but the policeman can judge whether a prostitute

is entitled to the privilege of the streets? In abolition London the

situation is so far different, that any exceptions raise at once a

presumption of wrong-doing or negligence. Hence, whatever the policy

pursued, be it lax or strict, uniformity is necessary. A decade or two

ago, when public opinion was indifferent, aggressive solicitation went

on, not because it was paid for, but because no one objected; nowadays,

certain streets have been cleared and nowhere is solicitation actively

obtrusive, because public opinion is articulate and the police, however

inclined, would not dare to play favorites.[573] Sir Edward Henry,

testifying before the Royal Commission, declared: “No complaint, oral or

written, has been made to me during the three and a half years I have

been Commissioner, charging the police with levying blackmail from women

of the unfortunate class. I am satisfied that if any individual man were

to take money from these women it would come to the knowledge of his

comrades, who would look upon him as an unmitigated blackguard and that

he could not remain in the force for long. I do not say that individual

instances of taking money may not occur, but the whole force know that

any proved misconduct of this sort would be severely dealt with. It is

quite impossible that there should be any systematized blackmailing,

because the variation in the beats is so great and in a street like

Regent Street where, on either side there are parts of ten beats, it

would not be of the slightest use to a woman to bribe the first

constable she came to, because she would only go a few yards before she

came to another beat. Therefore anything like a system of blackmailing

is impracticable and certainly could not exist many days without being

known to the authorities.”[574]

To restate briefly the upshot of the foregoing discussion: as compared

with cosmopolitan continental cities that regulate prostitution, London

has lost nothing and actually gained something through its abolition

policy. No community has as yet envisaged and attacked the entire

problem involved in commercialized prostitution,—no community, I say,

whether regulationist or abolitionist. On the whole, as we shall also

see in the next chapter, abolitionist cities have been the more active

in initiative, but the aggressive conscience of the world has too

recently awakened to have as yet achieved a great deal. As to the two

matters now concerning us—order in the streets and brothels—the lowest

level reached in London nowhere falls as low as in the continental

capitals where regulation is in vogue.

The police of the English metropolis is under the control of the Home

Office of the National Government; in all other towns, the force is

managed by the Watch Committee of the Town Council.[575] The latter are

therefore, perhaps, a bit more sensitive to public opinion and depend

more nearly on the tone of the municipal government. Fortunately in

Great Britain this tone is nowadays high, the membership of the Watch

Committee being scrutinized with especial care. This has not, however,

always been the case. As recently as the nineties the Chairman of the

Watch Committee and head of the licensing board in Liverpool was the

attorney of the brewing interests, and brewers were largely represented

on the committee itself. It was no accident, perhaps, that with these

conditions the town possessed a protected vice district containing

upwards of four hundred houses and that the public houses (saloons)

systematically harbored prostitutes. A vigorous agitation, the machinery

of which is still preserved and in motion, resulted in a complete

rehabilitation of the local government. The liquor interest was excluded

from the Watch Committee and neither in Liverpool nor elsewhere is it

now regarded as fit to be represented thereon; the unholy alliance

between prostitution and liquor has been largely destroyed by the

ruthless cancellation of licenses; in Liverpool the number has already

been reduced from 2,500 to 1,700.[576] A determined and systematic

effort has also been made to restore the streets to decency and to

destroy brothels. For this work, in the provinces and Scotland, as in

London, no special police machinery exists. Prostitution is handled by

the regular force, uniformed or plain-clothes,—by men, that is, who deal

with all other infractions of law. There is no morals division; nor is

any effort made to list or catalogue the prostitute as such. The genial

inspector of the Birmingham police, to whom I am beholden for an inner

view of the police situation there, was conscious of no necessity for

any special machinery. He did not know how many prostitutes there were

in Birmingham,—no police officer had ever tried to find out. He could

not tell, therefore, whether they were more or less numerous. Why should

he? The law-abiding prostitute must be the concern of other agencies.

The law-breakers among them he knew and watched precisely as he knew and

watched law-breakers of other kinds. Walking the streets at midnight, he

pointed out to me women who were thieves and pickpockets,—in whom he was

interested for that reason and not simply because they were prostitutes;

and he showed me their haunts,—precisely as the haunts of law-breakers,

prostitutes and others, were pointed out to me in London. No

extraordinary mechanism,—no mechanism, I mean, not otherwise needed in

dealing with urban crime,—was needed in either place for this purpose;

and no lack of knowledge or power to cope with individuals or with

emergencies was felt or betrayed; nor was the integrity of the force

imperilled by its dealings with prostitution, for that integrity was

safeguarded by the quality of the head officers, by the principles on

which recruits were procured, and by the limitations erected by statute.

In these circumstances, the provincial like the London brothel leads a

stealthy existence. Two or more women occupy a house or flat[577] for a

brief period. The more prosperous occupy small houses on the edge of

town; the word is passed through cab-drivers or from “friend” to

“friend.” In certain sections of Manchester the position of the window

shades and of the front door is a signal to the initiated. In the side

streets leading from Oxford Street, Manchester, many doors are

significantly ajar up to the late hours of the night. Shortly conscious

of being observed, the women fold their tents and steal elsewhere,

repeating the performance. Not infrequently, neighbors complain and the

town authorities apprehend the inmates, subjecting them to fine or

imprisonment. Statistics convey some notion of the vigor of the

policy,—none as to whether the evil decreases or increases. In

Liverpool, for example, there were 162 prosecutions for brothel-keeping

in 1902, with 147 convictions; 196 prosecutions with 116 convictions in

1910; in the nine years from 1902 to 1911, there were altogether 1,720

arrests, 1,411 convictions.[578] In Edinburgh, the number of brothels

known to the police shows a marked diminution,—from 45 in 1901 to 29 in

1911,—not unconnected perhaps with increased severity on the part of the

authorities who arrested nine women of the larger number (45) in 1901,

thirty-five women of the smaller number (29) in 1911.[579]

Street conditions have undergone precisely the same evolution previously

described as generally taking place. Time was—and that within recent

memory—when importuning on the main highways was well-nigh unrestrained.

Nowadays the prostitute walks more or less swiftly by, indicating her

object by a stealthy glance or mumbled word. Hoping for a nibble she

retires into a side street waiting to be approached by her supposed

quarry.[580] If disappointed, she resumes her inoffensive promenading.

The public houses are less and less used for this purpose, because the

publican fears the loss of his license. If an arrangement is perfected,

the pair retire to the woman’s room or to an assignation hotel, though

the latter operate with great caution. Parks, cabs, even railway

compartments are utilized. Not infrequently a journey to a suburb is

urged; in Liverpool, a street-walker suggested “Bootle,” several miles

distant, as the nearest place that was sure of being free from

interruption or molestation.

The policy described keeps the brothel inconspicuous and relatively

infrequent; it renders the streets fairly unobjectionable. Does it

accomplish anything more? The officials are entirely candid on this

point. The Birmingham inspector “does not believe that the amount of

prostitution has been decreased through keeping it ‘on the move’ or

through punishment. It disappears here, to reappear there. Girls are

easily found; but”—and I shall recur to the point—“they tempt less.” A

prominent and experienced member of the Watch Committee expressed

similar views: “The present policy drives women from one cover to

another; it prevents anything like a tropical growth.” In Edinburgh the

actual number of notorious prostitutes appears to have been reduced, for

the police returns, 424 in 1901, had shrunk to 180 in 1911.[581] The

Chief Constable of Liverpool inclines also “to think that the decline of

the figures over nine years corresponds with a reduction in professional

prostitution, but it seems quite possible that the reduction is due to

the professional being ousted by the amateur.”[582]

It seems beyond dispute that prostitution, like any other business

enterprise, suffers when deprived of the advantage of position. What

hinders, reduces. The actual number of customers that can be picked up

by a street-walker compelled to forego all positive advances, or a woman

living in a brothel the location and character of which can only be

allowed to leak out surreptitiously, is bound to be diminished; and the

diminution of customers means the diminution of waste and disease. The

inducement to join the professional ranks is thereby lessened.

It is not pretended that repression and punishment achieve anything with

the hardened offender. The Chief Constable of Glasgow reporting to the

corporation of the city, states: “The imposition of a fine does not

prove a deterrent; any person may pay the fine and the woman continue

her way of life.”[583] The Chief Constable of Liverpool reports as “a

typical, not exceptional” case that of a prostitute fifty years old,

first convicted in 1884 and in 1910 sent to prison on her 156th

conviction.[584] In Edinburgh, coincidently with the reduction in the

number of notorious women, the number of arrests rose from 158 in 1901,

to 773 in 1911,—it reached 1,020 in 1910. Did the increased frequency of

arrests, due to the instructions issued to the police to act without

warning lead to an exodus from the city? Not improbably; but it was

futile for the reform of those who remained, for some of them were

convicted as many as eight or ten times in a single year. During the

first six months of 1911, 331 women under 23 years of age were sent to

Glasgow prison; 220 of these were convicted of importuning; only 72 of

the entire number were first offenders; among the others some had been

previously convicted as many as 34, 50, or even 69 times.[585] Nor are

hard-labor sentences more efficacious on the Continent in deterring

women from continuing a dissolute life. Of those thus punished at

Stockholm, between 1882 and 1884, 96.9% persisted in their evil courses

after the expiration of their prison terms; between 1885 and 1889,

98.3%; between 1890 and 1894, 96.7%; 96.8% in the period 1895–1899;

96.7% in 1900–2. The small remnant did not necessarily do better; they

may have left the city or escaped notice.[586] In regulation, as in

abolition communities, the system of fining and imprisoning offenders—be

they prostitutes or not—is futile, expensive, and demoralizing.

Meanwhile, below the surface, lie the frightful evils out of which

professional prostitution comes. An acrid controversy in Glasgow between

the Inspector of the Parish and the Chief Constable throws a flood of

light on a situation which neither regulation nor abolition touches. The

former cites the volume of existing immorality, the frequent violation

of children, the existence of ice-cream shops which are merely cloaks

for indecency; the latter replies that prostitution is in itself no

crime, that arrests can be made only where habitual prostitutes are

guilty of importuning, that the difficulties of proof in case of immoral

establishments are very serious, and that incidental prostitution and

immorality lie outside the province of the police.[587] Thus even though

regulation is condemned, it is necessary to remember that the serious

problem remains. This must not be overlooked. Our immediate concern is

however, once more, simply as to whether the provincial and Scottish

towns lose anything through not possessing the regulatory apparatus

found in continental towns of the same size. There can be but one

opinion on this point: no single phenomenon can be cited tending to show

that the situation would be bettered by regulation or that it suffers

for the lack of it.

The comparison between regulation and abolition can, however, be most

fairly made on the Continent, where the manner of living, the point of

view, and the social traditions of regulation and abolition communities

are more nearly alike. Moreover, the abolitionist cities that enter into

the comparison have all had regulatory systems,—some of them quite

recently. What have they lost through abolition? How do they bear

comparison with those that still retain regulation?

The subject is by no means a simple one, in part at least because its

discussion has been carried on in a spirit of acrimonious controversy.

Complete and dispassionate accounts of conditions during and after

regulation either in regulated or abolitionist communities have nowhere

been prepared; the only reliable statistics in existence deal merely

with certain phases of the evil, and leave unsettled the question as to

whether other phases have become better or worse, after or in

consequence of abolition. Moreover, all the cities involved have grown

with amazing rapidity; they have become larger, richer, more luxurious,

in some ways more frivolous. They compete with each other and even with

much larger towns in brilliancy and seductiveness. This increased

playfulness is certainly reflected in the increase of some forms of

immorality without involving in any degree the issue between regulation

and abolition.

Continental abolition has usually required two steps. In the first

place, bordells were suppressed; after a brief interval, registration

and medical inspection have been abandoned. Whatever has happened in

consequence of abolition, the mere suppression of the bordell can have

had little immediate or direct effect. The bordell was, as previously

pointed out, moribund anyway; its legal extermination involved hardly a

perceptible shock. At Zurich eighteen houses, containing fifty-seven

women were forcibly closed, at Rotterdam four with twenty women, at

Copenhagen three. On the face of the matter, it may, therefore, be

affirmed that nowhere in Europe has the closing of bordells as the first

step towards abolition involved unfavorable consequences.

This is not to say that the other forms of prostitution—the concealed

brothel, the counterfeit employment,[588] the low drinking-shop, the

dance hall, etc., have been lessened or mitigated by the abolition of

the bordell. Whether any particular surreptitious form of bordell exists

or not is not a question of abolition or regulation, but of the law, the

manner of its enforcement, the condition of public opinion, the attitude

of the courts, and the general feasibility of effective repression. Many

of these forms were briefly characterized in the opening chapter. They

are found everywhere,—in regulated cities, such as Hamburg and Budapest,

where the bordell is officially favored; in Vienna, where, though

officially reprobated, it still continues to exist: in Munich and

Berlin, where it is no longer tolerated; and just as well in abolition

towns,—Copenhagen, Zurich, and Christiania, for example. I have no

desire to understate the facts. Resorts serving the purpose of bordells

are almost universally met with—with or without regular bordells. I have

touched on the English brothels and the Berlin bars. In Amsterdam, one

finds clubs or pretended “pensions,” to which the visitor is conducted

by a cabdriver or directed by an acquaintance or a hotel porter and in

which he is entertained in whatever fashion he prefers. Along the

Binnenrotte in Rotterdam and in the narrow out-of-the-way streets of old

Zurich, cigar shops,[589] whose outfit consists mainly of empty boxes

and bedizened females, unmistakably proclaim their purpose. The

purchaser of one of the few cigars in stock, unless an object of

suspicion, need only lay a coin of moderate size on the counter in

payment; he will soon learn that there is no change in the drawer, but

that there are other ways of squaring the account.[590] If he prove

obdurate, the drawer is somehow discovered to contain the necessary

change; if he seems to be impressionable, his attention will be called

to a photograph and the inner salon will be recommended. In many towns,

too, “American bars” are found, most of them liquor establishments

behind the counters of which prostitutes hand out liquor and encourage

assignations. The proprietors escape punishment because the assignations

are fulfilled elsewhere than on his premises. Filthy establishments more

flagrantly devoted to the same purposes exist in abolition Zurich as in

regulation Bremen.[591]

Would these establishments revert to bordells, if the transformation

were allowed or forced? Perhaps, to a limited extent. But the change

would simply convert a few furtive and ill-patronized resorts into

notorious and well-attended bordells, the rest remaining by preference

what they now are. The net outcome would be bad, not good. Meanwhile

Christiania proves that the forms in question do not result merely from

suppression of the bordell, for the Animierkneipe with female service

does not exist there and counterfeit employments are rare.

The weight of authority—lay and official—unquestionably favors the view

here taken,—that the suppression of the bordell has operated in the

public interest. True enough, a writer discussing the entire evolution

of the problem, claims that the disappearance of the bordell in Zurich

has been accompanied “by an increase of secret ‘hole and corner’

prostitution, beyond the scope of the law,”[592] but no argument or

evidence shows that abolition is in any wise responsible for the fact,

if fact it be. It is assuredly not without significance as militating

towards a directly opposite conclusion that prosecutions for

pandering[593] have in the long run decreased, not increased, although

the suppression of bordells would, if general conditions actually

deteriorated, necessarily lead to an increase in the activity of the

pander. The bordells were closed in 1898: in 1895, 22; in 1896, 19; in

1897, 27 persons were convicted on the charge of pandering. During the

next three years, 30, 33, and 25; during the last five years, 13, 23,

28, 26, and 22 respectively. The learned chief of the Zurich police

declared to me that the bordell system “had earned practically universal

disapprobation. No one would now again urge the introduction of

tolerated houses, not even the unprejudiced and liberally-disposed.

Houses where a madame can hire out girls and acquire profits are not

wanted by any one.” An important official in Christiania urged that

whether regulation is desirable or not, the destruction of the bordell

was an advantage. The Amsterdam police favored their extirpation and

after fifteen years’ experience “are still opposed to them.” The

foregoing judgments are based on police grounds; assuredly the case

against the bordell would be all the stronger, were indirect

considerations also allowed to weigh.

Nowhere does the suppression of the bordell aggravate the domicile

problem, which, as a matter of fact, settles itself in abolition towns,

just as it does in regulation towns. The English, Swiss, Dutch, and

Scandinavian prostitutes seek rooms in sections occupied by the poor,

usually paying a considerably higher rental than is paid by decent folk.

In some cases their character is concealed and their business transacted

elsewhere; in others, when neighbors or fellow-tenants are too poor or

too careless to protest, the women utilize their own lodgings. The

street-walkers of London tend to congregate in apartment houses or

“mansions” from which respectable families are crowded out; in the

provincial towns they occupy small houses. If renting of rooms to

prostitutes is in itself made a crime, the law is broken, as at Berlin,

and of course most regularly in case of the more clever and well-to-do;

or the stupid and wretched are pushed into vagabondage rather than out

of prostitution. Some interesting statistics on this point come from

Zurich where, since 1897, the renting of a domicile to a prostitute

constitutes a punishable offence. As the execution of the law has been

more efficient, the percentage of homeless prostitutes, who sleep in

public lodging-houses or elsewhere, now here, now there, betrays a

tendency to increase. Police statistics, dealing with 361 prostitutes,

in 1904, show 69.8% having a regular domicile, 30.2% without domicile;

in 1908, of 399 women, the proportions were 52.6%, 47.4% respectively;

in 1910, of 601 women, 62.2% and 37.8% respectively.[594] The domicile

problem is indeed soluble only as the general problem of prostitution

itself is solved; it is made neither better nor worse by abolition.

The preceding discussion makes clear that the bordell played but a

slight part in the prostitution-economy of Norway, Denmark, Holland, and

Switzerland at the time of its abolition. The step was of moral rather

than of immediate practical importance. It indicated a change in the

attitude of society, that might in time produce results; but there was

no perceptible result at the moment. How stands the situation in respect

to order in the streets? Was the abolition of control attended by

increased prominence of prostitutes in the public highways of

continental towns or greater difficulty in keeping track of them, where

advisable to do so?

Of the abolition cities that I visited, prostitutes are most prominent

in the chief thoroughfares of Copenhagen, particularly in the vicinity

of the Tivoli, a popular amusement resort in the heart of the town, and

on the street corners and open squares near-by; they loiter alone or in

small groups, making no aggressive effort to attract attention; from

time to time they retreat into the cafés or variety shows abounding in

the vicinity. The main shopping street of Christiania—Karl Johans

Gade—appears to be free of promenading prostitutes by day; at night,

they are in distinct evidence there and in amusement gardens close by;

once more their demeanor is quiet and unobtrusive. In the Hague the

street prostitute is barely noticeable; an occasional woman is

observable in the crowds that night and day push through the busy little

street on which most of the retail shops are found; others can be hunted

down in low cafés. Rotterdam—a city of different type—presents a

slightly different aspect. In the earlier hours of the evening, women

hasten to the skating-rink, dance halls and cafés. When, at midnight,

these resorts close, prostitutes appear for a while on the streets. The

streets of Amsterdam were, at the time of my visit, the cleanest I had

anywhere observed; the ordinance authorizing arrest of the prostitute

for promenading has been enforced with sufficient vigor and discretion

to attain its object. Zurich is not substantially different from other

abolition towns. As late as midnight only occasional and cautious

street-walkers were to be observed; in reply to a question, an inquirer

was informed by one of these that she would shortly leave for Geneva,—a

regulation town,—“there is too little doing here.” Women, of whose

character their appearance leaves no doubt, survey the male passer-by

and retreat into a side street to give him an opportunity to seek an

interview; but unless intoxicated, they quietly await his approach.

The number of police arrests required in order to bring about the

conditions above described does not seem excessively large. In

Christiania, I was officially informed that “arrests for solicitation

were few”; in Amsterdam (population 580,960) 370 arrests were made in

1910, 382, in 1911.[595] The situation in Copenhagen (population

462,161) is portrayed by the following statistics: for soliciting,

offending against “the sense of shame,”[596] and “vagabondage,” 288

arrests were made in 1907, the year succeeding the repeal of regulation;

in 1908, 344; in 1909, 432; in 1910, 414; in 1911, 353. The total, not

large in any case, is due to the inclusion of vagabondage, to the growth

of the city, and to a judicial decision to the effect that prostitutes

congregating in the streets cannot be arrested or dispersed; for out of

these casual gatherings occasional disturbances leading to subsequent

arrests sometimes arise.

Have conditions in the towns above named been affected for the worse by

the sudden and recent change from regulation to abolition? I did not

find a single police officer who answered that question in the

affirmative. The division chief at Copenhagen stated to me: “Regulation

was entirely dispensed with in 1906; in the interval the police have

learned how to procure all the information and to take all the steps for

which at one time a morals police and regulation were supposed to be

necessary.”[597] When the new law abrogating police control was

proposed, objection was made on the ground that, in the absence of

police power to confine prostitutes to specific localities, they would

infest the whole city: “It has not happened; prostitution is more

scattered and thus more readily handled, but it does not invade all

sections. The suppression of summary police punishments has done no

harm; the ordinary courts with their usual processes have proved

adequate to maintain order and decency. Conditions are at least as good

as under the old system; some streets have been entirely freed; the main

streets are no worse; clandestine prostitution has not been aggravated;

indeed up to now nothing has happened to cause us to regret,”—with which

the grateful official “touched wood!”[598] Elsewhere, I was informed

that the former partisans of regulation were “struck dumb.”[599] If

abolition were working badly, one would hear “I told you so” from its

original opponents; there are, as a matter of fact, very few

regulationists any longer in Copenhagen, though certain points to be

shortly discussed are not yet clear. Officials of the same rank in

Christiania stated: “Regulation will never be restored.” The partisans

of regulation have steadily diminished in number and volubility. An

incident reported from Christiania, however, is interesting as showing

that everything that has happened since abolition has not necessarily

happened on account of abolition. In 1899 it was, for example, pointed

out at a medical conference in Christiania that street conditions had

become temporarily worse. The speaker attributed the fact to abolition;

but the argument was presently refuted by the statement that the real

reason for deterioration was the instruction to the police that “they

had no right to interfere with soliciting unless it was done in a

distinctly indecent manner.” Stockholm has not yet abolished regulation,

but the system has decayed so rapidly that bad results ought to be

perceptible, if regulation was really of any consequence whatsoever. I

have already called attention to the sudden drop in the new enrolments,

from 119 in 1903 to 67 in 1904; the number of annual inspections fell

from 20,849 in 1903 to 6,652 in 1911. The institution thus shrank

two-thirds within a few years, “without any resultant disadvantages from

the standpoint of public order; an activity that can be reduced 66⅔%

without a trace of inconvenience can hardly be regarded as necessary for

the public welfare.”[600] In Holland the abolition movement spread from

town to town,—an improbable course, had the absence of regulation done

harm. The Chief of the Hague police assured me that he “cherished no

regret on the score of abolishing regulation or bordells”; the division

chief admitted that, although having been a regulationist during the

regulation period, experience with the alternative system had made him a

strong abolitionist; he would “advise all cities to abolish regulation

and none to introduce it.” No stronger expressions were anywhere used

than by the Amsterdam Chief and his staff; they were outright

abolitionists; they believed regulation inseparable from police

corruption—an opinion echoed elsewhere as well; they found no greater

difficulty in handling the problems—criminal or other—in consequence of

abolition. In either case “incessant vigilance and effort” were

required. It is true that the police officials of France and Germany

give quite different accounts of what is to be observed in abolitionist

communities; but these statements are usually based on prophecies made

during the controversial period. The Swedish commission reports on

hearsay that “the experience of countries which do not have special

suppression of whole-time prostitution as such” is deplorable; but

Professor Johansson notes in reply that “it would have been well to

indicate the countries in question.”[601] Christiania alone is mentioned

by name, and as to that, candor requires them to add that “nothing

really importunate or offensive was observed in the conduct of the

women.”[602]

I have given above the verdicts of the police who have lived under both

systems, an experience entitled to great weight. There is every

indication that the popular verdict coincides. In the Canton of Zurich,

a referendum, proposed in favor of returning to the abandoned system,

was defeated by a vote of 49,806 to 18,016.[603] A newspaper comment on

the result warns the “interests” in favor of regulation that “every

proposition emanating from them is hopeless. If ever a revision of the

present statute is undertaken, the initiative will have to come from

disinterested jurists, physicians, and judges. We hope there will be no

such occasion.”[604]

A comparison of the streets of abolition cities with those of regulation

cities sustains the conclusion to which the preceding statements point.

Christiania is as decent as Stuttgart. As between Zurich and Geneva, the

contrast is all in favor of Zurich, though it is twice as large. Even

the seaport towns constitute no exception. Copenhagen and Rotterdam are

at least as quiet as Bremen and Hamburg; indeed it would be impossible

to find in the abolition sea-ports anything resembling the street scenes

enacted in the bordell quarters of regulated ports. The sailors’ quarter

of Rotterdam—the Schiedamschedyk—is a cosmopolitan affair, with drinking

and dance halls of variegated character. Prostitutes and their customers

come together in them; at times a woman standing in a door-way salutes a

passer-by. But up to the small hours of the night, the streets were free

of scandal.

Reference to the statutes previously described will show the reader that

the police generally enjoy the right to proceed against the prostitute

as a vagabond. This is the abolitionist counterpart of the regulationist

provisions directed against women “without a definite domicile.” The

vagabondage proviso is largely used only in Copenhagen, where there

exists great difference of opinion as to its value. Its prominence in

the Danish law betrays the dread under which the lawmakers worked. It

was feared that simple repeal of regulation might be interpreted to mean

that the law had no objection to a woman’s earning her living by

prostitution;[605] the prostitute was therefore made expressly amenable

to punishment as a vagabond, if proved to be without proper means of

support. Most of the arrests in the statistics before given[606] are due

rather to vagabondage than to solicitation—217 out of 288, 241 out of

344, 251 out of 432, 243 out of 414, 200 out of 353. The provision

operates in this way. The police having noticed a woman walking the

streets (not soliciting) at all hours, presume her to be without

legitimate occupation; she is warned; on a second warning her name and

address are taken and a printed notice is sent, requiring her to obtain

employment and to report the fact. Between 200 and 300 notices of this

kind are annually sent; in 1909, 216 women were once punished, 45 twice,

11 thrice on this charge.[607]

Serious objections are raised to this method of dealing with

prostitution. It is criticized as an indirect method of making

prostitution in itself a crime, and open as such to the objection that

it bears on the woman alone, and on only the stupid woman at that.

Justice would require that vagabondage be similarly treated, be the

vagabond a man or a woman; but this statute undoubtedly involves

discrimination in favor of the male vagabond. A quasi-regulatory system

might undoubtedly be introduced beneath its cover by a reactionary

official. The provision is at any rate a somewhat disingenuous

subterfuge, for, strictly speaking, the vagrant is homeless; but the

prostitute may be treated as a vagabond, despite the fact that she

possesses a home.

From a practical point of view, there is the further objection that the

statute is so easily evaded as to make its application uncertain and

inequitable. The street-walker, attacked as a vagrant without means of

support, claims to be a servant, earning a minimum sum,—say twelve

crowns monthly; she escapes punishment by pointing to the old woman for

whom she works, though the correct relationship is just the reverse, for

the older woman is the servant of the prostitute; or the accused vagrant

becomes a cigar-vender, a “laundress,” a “friseuse,” thus increasing the

number of counterfeit employments. Like regulation, the vagrancy

provision results in harrying the dull unfortunates, while leaving the

more pretentious and the more clever quite unscathed.

Of the other results feared in connection with abolition, none have

materialized to a perceptible extent. It was urged, for example, that

when bordells were dismantled, men would annoy respectable women on the

streets. It is indeed one of the queer features of all police dealings

with prostitution, that, whereas solicitation by a prostitute is an

offence, accosting by men is, unless outrageously flagrant, quite

overlooked. This is generally true in both abolition and in regulation

countries; but curiously enough, the evil is worse in regulated Germany

than anywhere else. In Swiss, Dutch and English towns—all abolition—the

offence is exceptional; in Berlin, many men habitually turn in order to

observe women, and at night do not hesitate to venture a word by way of

experiment. The annoyance of decent women has, therefore, not followed

as a result of abolition and is commonest in certain regulation

countries,—not, however, in my opinion, as a consequence of regulation.

It was feared that under abolition the percentage of pimps or souteneurs

would rise; there is, however, no confirmatory evidence. Even bordell

women frequently support pimps; the low grade prostitute everywhere has

her pimp, regardless of regulation or abolition, and everywhere protects

him loyally, as the few successful prosecutions show. In something over

a year, only 39 men were arrested as pimps in Rotterdam, 30 of whom were

sentenced to hard labor in a tramp-colony for terms running from three

months to three years.[608] The bully is indeed a parasite unaffected by

the existence of either regulation or abolition as such.

The situation as regards houses of assignation is everywhere on the

Continent in such confusion that no definite statement is possible. I

have pointed out the fact that these resorts are unopposed in Paris; are

harried from time to time in Germany, chiefly on the score of furnishing

facilities to clandestine prostitutes; are tolerated in Budapest, on

condition of submitting to certain rules,—with the result that both

regular and irregular resorts exist there. Abolition towns are in theory

hostile to _rendezvous_ houses; but it can not be said that their

prosecution has yet accomplished much more than the enforcement of

greater caution and quiet—no slight gain, to be sure,—in the conduct of

the business. The actual reduction in their number is, as far as one can

judge, nominal.

Regulationist police are honestly afraid that abolition renders it

difficult or impossible to keep track of prostitution. I have pointed

out what seems to me the real inwardness of regulation,—that it

furnishes the police with a method of keeping in touch with criminal and

criminally-inclined prostitutes and their associates. The registered

prostitute is tethered to the police; once or twice a week she is pulled

back; she can not get far away without being noticed; if she does, her

disappearance is soon known and efforts at least are made to trace her.

Abolition is said to do away with all this and to leave the police

helpless.

But the case is not so desperate after all. The continental police have

methods of keeping up with other people,—reputable and criminal alike;

and if the machinery which keeps up with the reputable will not answer

for the prostitute, assuredly the machinery which is with such

difficulty eluded by law-breakers will. For example, life and property

are probably equally secure in Hamburg, Rotterdam, and Birmingham.

Hamburg has a well organized regulatory system; Rotterdam is

abolitionist, but catalogues prostitutes; Birmingham is abolitionist and

ignores the prostitute until she becomes disorderly or criminal,

whereupon, like other disorderly or criminal people, she suffers as

such. “As far as crime is concerned,” a prominent London police official

remarked to me, “crime committed by a prostitute is not different from

other crime; it is handled just as other crime is handled and no

weakness has been felt in consequence of this procedure.” In this, as in

all the other points considered, if abolition has done no harm,

regulation could at best have done little or no good. Nor does it follow

that thoroughgoing abolition is at all inconsistent with just as

complete knowledge of local prostitution as is possessed by

regulationist police, should such information be desired. The English

police, as I have said, take no interest in the matter until the law is

violated,—of course, knowing and observing women given to transgression,

precisely as they know and observe other suspects. Influenced doubtless

by continental tradition, the police of abolition Rotterdam catalogue

women of suspected virtue; they possess a list of 1,465, eight hundred

of whom are professional and avowed prostitutes. The police of abolition

Zurich know 400 persons who rent rooms for prostitution though the

evidence falls short of technical completeness; in Christiania some 500

prostitutes are known to the authorities; the Amsterdam Bureau is

preparing a list for all Holland; after four years of work it contains

some 7,000 names; similar lists of pimps, traffickers, etc., with

photographs where possible, are found there just as in regulationist

Dresden or Vienna. The houses in which the prostitutes of Amsterdam live

have also been studied. At first two, afterwards four, men were assigned

to the task with the result that increasingly complete information has

been procured. In 1908, 292 houses with 548 girls were located; in 1909,

366 houses with 656 girls; in 1910, 510 houses with 854 girls; in 1911,

597 houses with 968 girls.[609] Copenhagen, fearful of a too sudden

plunge into abolition manages through its “warnings” to reach a similar

result; some 300 to 400 women are thus kept under observation,—though,

as happens under regulation, the women do not report as systematically

as the law contemplates, some evading, some leaving, some being in

prison.[610] It is clear, therefore, that abolition is consistent with

as complete knowledge of the local situation as the authorities think it

worth while to procure; in Holland, indeed, there has been more activity

along this line since abolition than previously.

For the sake of completeness, it is perhaps worth while to insert

another word before closing, as to the bearing of abolition on other

forms of prostitution than those I have considered at some length,—the

dance hall, the café, and similar establishments that furnish the

prostitute an advantageous opening. Neither regulation nor abolition as

such involves any particular policy in reference to these resorts. On

the Continent little has been done to insure their decent conduct or to

interrupt their connection with the exploitation of vice. In Great

Britain, the liquor and amusement traffic have been more effectually

supervised and beyond question with good results, as far as the matter

has yet gone. But effective management of the difficulties here touched

on takes us far beyond the immediate subject of our present inquiry. For

vicious liquor and amusement resorts are not bad because prostitutes

fasten upon them; prostitutes fasten upon them because they are bad.

They are problems, therefore, to be dealt with quite irrespective of

prostitution, though prostitution is indeed deprived of a foothold and

an incentive when they are thus dealt with.

That abolition favors police honesty is the unanimous testimony of

officials who have experimented with both systems. I was informed at

Zurich that the bordell system associated with regulation had resulted

in corruption that “for so small a town had reached enormous

proportions.” An official report of the year 1892 declared that proof of

punishable pandering was rarely possible because “before the

investigation ordered could be accomplished, the accused had received

notice of their peril through some secret channel or other.”[611] Again,

in Copenhagen, I learned that, as elsewhere, at the time when police and

prostitute were closely related, corruption prevailed; a certain

inspector even owned an interest in a house of prostitution and

committed suicide on exposure. The Dutch police are outspoken to similar

purpose. As I pointed out in dealing with Germany, general corruption is

nowhere alleged and the integrity of the head officials is never

impugned; but it is believed that, wherever the partial regulatory

policy is in operation, that is, wherever one rule is applied to some

women, another to others, a condition is created favorable to more or

less demoralization.

It is, however, obvious that, while abolition at once places all

prostitutes on the same footing before the law, it does not necessarily

follow that a morals police is superfluous. The morals police is

imperilled if it is in a position to award favors; under abolition, this

peril disappears. Now that this particular force is no longer exposed to

any peculiar danger, is it not worth retaining in the interest of

specialization? European experience does not warrant an affirmative

answer. Regulation Rome deals with its problems without morals police.

Certain towns of abolition Holland tend to create a morals division to

observe prostitution; a few men are detailed for the purpose at the

Hague; two inspectors, one social worker and twelve patrolmen at

Rotterdam.[612] Copenhagen retains a morals police. The English cities

are, of course, without any such division. It would appear that the

scope of a morals police in abolition cities is at best narrow. Certain

it is that no European city relies on the existence of the morals police

to maintain the integrity of the main body of the force. That integrity

is undoubted, but it is due, as I have already pointed out, first and

foremost to the character and tenure of the upper officials, to the way

in which patrolmen are chosen and trained, and to the sort of relation

that exists between the police department and the other government

departments.

Prostitution in Europe · 第 9 / 12 章