See also Adele Schreiber, _loc. cit._, pp. 243–256.
Footnote 159:
Fiaux, _loc. cit._, Vol. III, p. 608. See also his _L’Intégrité
intersexuelle des peuples et les Gouvernements_ (Paris, 1910) p. 206.
Footnote 160:
_Rapport de M. Georges Honnorat_, Chef de la Première Division de la
Préfecture de Police, presented to the VIII Congrès national du
Patronage, 1910 (pp. 6, 7).
Footnote 161:
Eugène Prévost, _De la Prostitution des Enfants_. (Paris, 1909) p.
215.
Footnote 162:
E. Finger und A. Baumgarten, _Referat über die Regelung der
Prostitution in Oesterreich_ (Wien, 1909) p. 88 (abridged).
Footnote 163:
Personal communication from officials.
Footnote 164:
Stelzner, _loc. cit._, p. 8; also Pollitz, _loc. cit._, p. 89.
Footnote 165:
Schiller, _Zeitschrift_ II, p. 309.
Footnote 166:
_Zeitschrift_ XII, pp. 19, 22.
Footnote 167:
T. G. Cree, _The Need of Rescue Work Among Children_. (London, Church
Penitentiary Association) p. 3; Merrick’s data on the same subject are
given, _loc. cit._, p. 34.
Footnote 168:
_Report of the Chief Constable_ for the year ending December 31, 1909.
An even more unfavorable account is contained in the _Memorandum on a
Social Evil in Glasgow_ previously referred to. The Chief Constable in
reply holds that the memorandum exaggerates.
Footnote 169:
Moll, _loc. cit._, pp. 383–4.
Footnote 170:
Moll, _loc. cit._, p. 390.
Footnote 171:
_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 24.
Footnote 172:
Adele Schreiber, _loc. cit._, pp. 257, 501, etc.
Footnote 173:
_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 79.
Footnote 174:
Pinkus, _Archiv._ _loc. cit._, p. 415.
Footnote 175:
_Report, Swedish Commission_, Vol. III, p. 79.
Footnote 176:
_Report, Swedish Commission_, Vol. III, _loc. cit._, p. 81. See also
Moll, _loc. cit._, pp. 393–4.
Footnote 177:
_Loc. cit._, p. 81.
Footnote 178:
_Archiv._ _loc. cit._, p. 149.
Footnote 179:
Lindblad studies his Swedish cases from this point of view; _Report,
Swedish Commission_, Vol. III, _loc. cit._, pp. 41, etc.
Footnote 180:
Statement made to me by Miss Maud Bondfield.
Footnote 181:
_Loc. cit._, p. 127.
Footnote 182:
_Loc. cit._, p. 123, with note (2). To the same effect, Hans Ostwald,
_Das Berliner Dirnentum_, 8 Abteilung—_Gelegenheitsdirnen_,—among whom
he reckons “a great mass of women and girls” more or less occupied as
singers, dancers, waitresses, shophands, models, maids, laundresses,
nurses, etc.
Footnote 183:
Cadbury, Matheson, & Shann: _Women’s Work and Wages_ (London, 1909)
pp. 246, 247.
Footnote 184:
The literature on this topic is abundant. I give by way of
illustration a few references to Munich, where the conditions have
been well investigated: Dr. Rosa Kempf, _Das Leben der jungen
Fabrikmädchen_ (Leipzig, 1911). Dr. Elizabeth Hell, _Jugendliche
Schneiderinnen und Näherinnen in München_ (Berlin, 1911). Meher, _loc.
cit._, pp. 110–148. Also, _Handbuch der Frauenbewegung_, already
mentioned, passim.
Footnote 185:
P. Hirsch, _Verbrechen und Prostitution_ (Berlin, 1907), pp. 101–102.
Footnote 186:
C. E. Collett, _Educated Working Women_ (London, 1902) p. 51. As to
conditions in Paris, see _Revue d’Economie Politique_, Aug. 1911.
Footnote 187:
_The German Stage and its Members_, by Dr. Charlotte Engel-Reimers
(Leipzig, 1911).
Footnote 188:
Wilbrandt, _loc. cit._, p. 355. The whole section is most valuable.
Footnote 189:
Meher, _loc. cit._, pp. 133, etc. Also: Wilbrandt, _loc. cit._, pp.
272, etc., and the _Denkschrift_ previously cited.
Footnote 190:
_Denkschrift_, p. 12.
Footnote 191:
_Ibid._, p. 12.
Footnote 192:
_Women as Barmaids_ (London, 1905), p. 8.
Footnote 193:
_Ibid._, p. 4.
Footnote 194:
_Ibid._, p. 33.
Footnote 195:
See p. 185.
Footnote 196:
_Reichsgesetzbuch_, sec. 236, 237: _Auswanderergesetz_, sec. 48.
Footnote 197:
E. Wulffen, _Der Sexualverbrecher_ (Berlin, 1910) p. 700.
Footnote 198:
_Criminal Law Amendment Act 1912._ Section 1 provides: A constable may
take into custody without a warrant any person whom he shall have good
cause to suspect of having committed or of attempting to commit, any
offence against section two of the Criminal Law Amendment Act 1885
(which relates to procuration and attempted procuration). Section No.
3. Any male person convicted may, in addition to imprisonment, be
sentenced to be once privately whipped, and the number of strokes and
the instrument shall be specified by the court. Section No. 7 deals
with the “bully.”
Footnote 199:
The most recent discussion of conditions in Germany is by
Polizeirat Dr. Robert Heindl in No. 298, _Berliner Tageblatt_. Dr.
Heindl proves the following points: (1) White Slave Traffic in
innocent German girls into foreign lands is of the utmost rarity.
(2) It is even questionable whether German ports are utilized for
purposes of transit. (3) No single case of genuine White Slavery
has been discovered in Saxony in the last ten years. The General
Secretary of the German Evangelical League for the Promotion of
Decency endorses these statements. Pastor Bohn, in _Zeitschrift
des deutsch-evangelischen Vereins_, etc., July 15, 1913, p. 49.
Footnote 200:
_London County Council: Public Control Department; General Powers Act
1910._ Part V.
Footnote 201:
Up to Oct. 1911, 1,033 applications for license had been made, 1,000
had been granted, 8 refused, 23 withdrawn, 2 adjourned. Report of
Public Control Committee.
Footnote 202:
Gesetz, Feb. 5, 1907: _Gewerbsmässige Dienst und Stellenvermittlung_.
Sec. 21a.
Footnote 203:
_Verordnung des Handelsministers_, May 7, 1908.
Footnote 204:
Limburg, _loc. cit._, p. 17.
Footnote 205:
Commenge, _loc. cit._, p. 90.
Footnote 206:
_Reports of the Commissioner of the Police of the Metropolis._
Footnote 207:
_Criminal Returns, City of Glasgow Police, 1911._
Footnote 208:
Wulffen, _loc. cit._, p. 282. See also _Zeitschrift_ XII, pp. 6, 7,
for statistics of many German cities.
Footnote 209:
Chapter VI.
Footnote 210:
Statement of Prefect of Police. On the other hand the following
provision is found in the police regulations touching clandestine
prostitution: “Police commissaries may freely enter cabarets or cafés
where clandestine prostitutes are notoriously harbored, up to the hour
of closing or later if the resorts are open contrary to police
ordinance.” Annexes au rapport général de la commission
extraparlementaire (Melun, 1908), p. 3. This document in two volumes
(Procès-Verbaux and Annexes) will be referred to as Report, French
Commission.
Footnote 211:
The English Statute bearing on the subject is the Children Act of
1908.
Footnote 212:
An interesting example of just such shifting is afforded by the opium
traffic. The smoking of opium in China had long been looked upon as at
most a harmful vice; according to E. A. Ross (_The Changing Chinese_,
p. 140) it has at length become possible to treat it as a crime and
vigorous action looking to the suppression of opium smoking is said to
be in successful operation. Public opinion had, however, first to
undergo a complete transformation.
Footnote 213:
_Reglementeringsfragan_, _loc. cit._, p. 51.
Footnote 214:
Fiaux, _loc. cit._, II, p. 873.
Footnote 215:
See Chapters V, VI, VII, VIII.
Footnote 216:
The situation in the Swiss Cantons is fully dealt with by Theodor
Weiss: _Die Prostitutionsfrage in der Schweiz und das schweizerische
Gesetzbuch_ (Bern, 1906).
Footnote 217:
Under date, Nov. 20, 1911.
Footnote 218:
The subject is more fully discussed in Chap. IX.
Footnote 219:
It will be noted that two things are punishable: Prostitution for
money; violation of regulations by enrolled women.
Footnote 220:
_Strafgesetzbuch für das Deutsche Reich_: 361, 6.
Footnote 221:
This subject will be much more fully discussed in the ensuing
chapters. An additional word may be here added for the sake of
clearness. The police can at any moment arrest a prostitute as a
criminal; but, as a matter of fact, they do not do so unless she is
guilty of something besides prostitution. If, for example, a woman
restricts her operations inconspicuously to her own room, she is no
less a prostitute amenable to the letter of the law; but the
authorities would not interfere. If, on the other hand, she made a
nuisance of herself; arrest would follow. Robbery is in Germany a
crime and is treated as such no matter how it takes place;
prostitution is a crime if additional circumstances make it worth
while to treat it as such. That is to say, in itself it is practically
not a crime, but a vice.
Footnote 222:
_Ibid._, Sections 180–1.
Footnote 223:
_Ibid._, Sec. 181.
Footnote 224:
_Zeitschrift_, XII, p. 6, where statistics for other German cities are
also given.
Footnote 225:
Wulffen, _loc. cit._, p. 682.
Footnote 226:
Blaschko, Art. _Prostitution_, in _Handwörterbuch der
Staatswissenschaften_ (Jena, 1910) p. 1239.
Footnote 227:
R. Schmölder, _Die Prostituierten und das Strafrecht_ (Munich, 1911),
p. 19.
Footnote 228:
_Vorentwurf zu einem deutschen Strafgesetzbuch_ (Berlin, 1909) Section
251.
Footnote 229:
_Ibid._, Section 305, 4.
Footnote 230:
The subject is more fully treated in Chapter IX, p. 334.
Footnote 231:
Bloch, _Die Prostitution_, Vol. I, _loc. cit._, p. 3. It is
interesting and suggestive to encounter the same attitude in the
writings of a police commissioner. Limburg (_loc. cit._, p. 16),
protesting against the view that prostitution is a permanent
necessity, writes: “Whoever undertakes to fight vice, either by
individual labor or, where the authorities are concerned, by legal or
other measures, is by no means entering upon a hopeless cause and,
with judicious choice of weapons, has some chances of success.”
Footnote 232:
The Berlin regulations are translated into English and printed in full
on pp. 415–419.
Footnote 233:
The attention of the police is occasionally called by letters, usually
anonymous, to women accused of professional prostitution. In these
instances the police proceed with great caution, investigating fully
all the persons involved before taking any action whatsoever.
“Experience teaches that totally erroneous misconceptions of what
constitutes the offence in question usually characterize charges made
by private individuals, or that the charges spring from revenge, envy,
or gossip.” Inspector Penzig, head of _Sittenabteilung_, Berlin.
Footnote 234:
“_Gewerbsunzucht_” (professional prostitution) involves
“geschlechtliche Hingabe gegen Entgelt” (sexual intercourse for pay).
Footnote 235:
The procedure is based on the Prussian law respecting the care of
minors, of July 2, 1900, already mentioned, p. 100.
Footnote 236:
In conformity with _ministerial decree_, December 11, 1907.
Footnote 237:
It will be understood that the stipulations bearing on health are
reserved for a subsequent chapter.
Footnote 238:
_Polizeiliche Vorschriften_ (Berlin) Section 4.
Footnote 239:
Sixty-three streets and places are enumerated, Section 6.
Footnote 240:
_Ibid._ Section 7.
Footnote 241:
_Ibid._ Section 9.
Footnote 242:
_Ibid._ Section 11.
Footnote 243:
Registration of addresses is so generally required that this provision
is not offensive to the European sense; but the prostitute is
compelled to notify a change of address more promptly than other
persons.
Footnote 244:
_Ibid._ Section 15.
Footnote 245:
It is sometimes stated that according to the German law, professional
prostitution is not punishable if the woman is registered by the
police. It is therefore argued by many jurists that technically it is
not prostitution that is punishable, but non-registration. The offence
is not, so it is said, that the woman is a prostitute, but that she is
an unregistered prostitute. I have purposely avoided verbal
technicalities of this kind in order to bring the reader face to face
with the real issue.
Footnote 246:
See pp. 235–6.
Footnote 247:
See below, pp. 177–8.
Footnote 248:
Regulations, Section 51; see p. 441.
Footnote 249:
_Regulations of Stockholm_, Section 3.
Footnote 250:
_Ibid._, Section 10, h.
Footnote 251:
_Das neue Wiener Prostitutionsrealement_, June 1, 1911. Section 26. An
English translation of the Vienna regulations is given pp. 429–444.
Footnote 252:
“_Feste Wohnung_:” the significance of this is explained below, p.
275.
Footnote 253:
Or its equivalent: see below, p. 178.
Footnote 254:
Of date, March 30, 1836.
Footnote 255:
_Rapport de M. Lépine sur la règlementation, etc._, in _Annexes;
Report, French Commission_. The extract is abridged, so as to raise no
question at this point except as to the legal basis of regulation. For
a discussion of the topic by a German jurist opposed to regulation,
see Schmölder—_Die Bestrafung und polizeiliche Behandlung der
gewerbsmässigen Unzucht_ (Düsseldorf, 1892) p. 11, etc.
Footnote 256:
_Report, French Commission_, Annexes p. 5.
Footnote 257:
Section 91, “The mayor has charge of the municipal police;” Section
94, “he has the right to make arrests, to ordain local measures in
respect to objects confided to his vigilance and authority;” Section
97, “it is his duty, above all, to assure order, security, and the
public health.”
Footnote 258:
_Annexes_, _loc. cit._, p. 36. For a severe criticism of M.
Hennequin’s stretching of the law, see Fiaux, _Police de Moeurs_, Vol.
I, pp. 41, etc.
Footnote 259:
_Oesterreichisches Strafgesetzbuch_ Section 509, and _Gesetz_, May 24,
1885.
Footnote 260:
_Zeitschrift_ IX, p. 217.
Footnote 261:
_Ibid._, pp. 156–160. Dr. Baumgarten urges the substituting of the
word “Ueberwachung” (watching over) for “Bestrafung” (punishment) in
the statute.
Footnote 262:
_Ohne feste Wohnung._
Footnote 263:
It is, of course, also true that Section 361, 6 conflicts with Section
180.
Footnote 264:
_A Speech_ in Prussian House of Representatives, February 21, 1907.
Footnote 265:
See a review of the Court’s judgment in _Mitteilungen der deutschen
Gesellschaft zur Bekämpfung der Geschlechtskrankheiten_ X, pp. 49–51.
Footnote 266:
Dated December 11, 1907. It will be observed that this safeguard
applies only to Prussia, and there only to women who have not
previously been inscribed.
Footnote 267:
Dr. Jur. Kurt Wolzendorff, _Polizei und Prostitution_ (Tübingen, 1911)
pp. 57–59, abridged. Schmölder’s writings, already cited, argue
strongly against the sufficiency of the statutory basis relied on by
Wolzendorff. Blaschko points out that the other states of the Empire
have less legal warrant for regulation than Prussia (Art. on
_Prostitution_, _loc. cit._, p. 1236).
Footnote 268:
Vorentwurf, _loc. cit._ _Begründung_, pp. 850–853. High authorities
question even then whether the proposed changes are sufficiently
explicit to put the systems of regulation beyond all question.
Lindenau suggests a definite declaration, but there is no likelihood
of its adoption (_Die strafrechtliche Bekämpfung der Gewerbsunzucht_,
in Prof. von Liszt’s _Festschrift_).
I am informed by a member of the Swedish Commission that regulation in
Stockholm is based on a set of instructions issued by the Grand
Governor, but never signed by him, as is regularly the custom. The
official in question is described as having been unwilling to affix
his signature to such a document; the police overlook the technical
defect.
Footnote 269:
For table showing numbers inscribed in German cities, as compared with
population, see A. Blaschko, _Hygiene der Prostitution_ (Jena, 1901)
p. 55. Since this date, the disproportion has been aggravated, rather
than mended. Valuable statistical tables showing date of installation
of sanitary control, number of inscribed women, their ages, etc., are
given by Dufour: _Geschichte der Prostitution_ (translated from the
French, Berlin, 5th Edition, no date) Vol. III, part 2, pp. 38–49.
Footnote 270:
The disproportion is practically greater than the ratios show; for the
populations given take no account of suburbs or transients; adding the
former alone, Berlin had an estimated population of 3,400,000 in 1910.
The populations given are taken from the _Statesman’s Year-Book 1913_;
the number of inscribed women as given does not always represent the
same year as the population, but the difference is negligible.
Footnote 271:
For the French statistics I am indebted to M. Victor Augagneur, Député
du Rhône, and to Dr. Louis Fiaux.
Footnote 272:
Accuracy is more difficult in dealing with Cologne than elsewhere,
because a fresh list is compiled annually and no names are removed in
the course of the year though many women disappear. A list that at the
close of the year contains 1,500 names probably amounts at no time to
more than 600, of whom about one-half regularly report to the police.
This statement is based on personal information, confirmed by Zinnser,
_Zeitschrift_ V, p. 202.
Footnote 273:
Enrolment for year 1912.
Footnote 274:
Moll, _loc. cit._, p. 371.
Footnote 275:
_Rapport, Conseil Munic. loc. cit._, p. 29. These and other statistics
may be found in Fiaux, _Police des Moeurs_, III, pp. 907, etc.; R.
Degante, _La Lutte contre la Prostitution_ (Paris, 1909) p. 109;
Talmeyr, _loc. cit._, pp. 246–7.
Footnote 276:
P. Hirsch, _Verbrechen und Prostitution_ (Berlin, 1907) p. 11.
Footnote 277:
For these and all other Austrian statistics I am indebted to Dr. Anton
Baumgarten.
Footnote 278:
Official figures obtained through American Consulate.
Footnote 279:
_Zeitschrift_ I, p. 197.
Footnote 280:
_Ibid._, II, p. 96.
Footnote 281:
Johansson, _loc. cit._, p. 14.
Footnote 282:
_Zeitschrift_ IX, p. 217.
Footnote 283:
From official data exhibited to me at headquarters.
Footnote 284:
P. Bruns, _Geheime Prostitution_ (Dresden, 1911) p. 6.
Footnote 285:
Officially communicated.
Footnote 286:
In Chapters VII and X.
Footnote 287:
See Chap. I, pp. 21, etc.
Footnote 288:
It is true that registered women sometimes return to a decent life.
But registration enormously increases the difficulty and lessens the
probability of her doing so.
Footnote 289:
How disappearance affects the problem is explained below.
Footnote 290:
Meunier, _Annexes_, pp. 271–2; also _Ibid._, _passim_. See also
_Rapport de Dr. Lucas_, _Ibid._
Footnote 291:
_Annexes, Report, French Com._, p 388. See also Fiaux, _Police des
Moeurs_ I, pp. 196, etc.; ditto _L’Intégrité intersexuelle des peuples
et les Gouvernments_ (Paris, 1910) pp. 205, etc.; _Rapports, Conseil
Munic._ _loc. cit._, pp. 31, etc. Commenge, _loc. cit._, pp. 599, etc.
Footnote 292:
Fiaux, _Police des Moeurs_ I, p. 38; III, p. 609. See also Eugène
Prévost, _De la Prostitution des Enfants_.
Footnote 293:
_Report, Swedish Commission_ III, p. 63.
Footnote 294:
Welander in _Zeitschrift_ XI, p. 395.
Footnote 295:
Meher, _loc. cit._, p. 215.
Footnote 296:
_Loc. cit._, pp. 41–49.
Footnote 297:
Finger and Baumgarten, _Die Regelung der Prostitution in Oesterreich_
(Reprinted) from the _Wiener Medizinische Wochenschrift_ No’s. 35
etc., 1909.
Footnote 298:
_Loc. cit._, p. 10.
Footnote 299:
Fiaux, _Police des Moeurs_ III, p. 658.
Footnote 300:
Lépine, in _Report, French Com., Annexes_ p. 25.
Footnote 301:
Fiaux, _Police des Moeurs_ III, p. 663.
Footnote 302:
Meunier in _Annexes, Report French Com._ p. 313.
Footnote 303:
“Nur die Dummen werden inscribiert.”
Footnote 304:
_Report, Swedish Com._ III, pp. 54 and 59.
Footnote 305:
_Zeitschrift_ I, p. 298.
Footnote 306:
_Report_ on the Police Establishment and State of Crime. (Liverpool,
1910) p. 63.
Footnote 307:
The following schedule is in operation (_Règlement_ Sections 35, 36):
Houses of 1st Class
1 to 5 girls 100 francs monthly
6 to 10 girls 150 francs monthly
Houses of 2nd Class
1 to 5 girls 50 francs monthly
6 to 10 girls 75 francs monthly
Houses of the 3rd Class
1 to 5 girls 25 francs monthly
6 to 10 girls 37 francs monthly
The fees are payable to the “receveur communal.”
Footnote 308:
In rare cases a bordell has been suppressed on account of criminal or
too scandalous occurrences.
Footnote 309:
Excepting only the city of Geneva.
Footnote 310:
_Imperial Penal Code_, Section 180.
Footnote 311:
“In polizeitechnischem Sinne.”
Footnote 312:
_Zeitschrift_ V, p. 209.
Footnote 313:
“Es giebt doch Bordelle.” The distinction, if existent, is between
“Kasernierung” and “Bordellierung” (the enforced boarding-house and
the bordell).
Footnote 314:
_Ibid._, p. 212. “Es bestehen Bordelle in,” etc.
Footnote 315:
_Denkschrift über die Verthältnisse in Bezug auf das Bordellwesen_ by
Katharina Scheven: Dresden, 1904 (Tables).
Footnote 316:
“Ich kümmere mich nicht weiter,” said one to me.
Footnote 317:
It will be noted that Berlin is not in this list; the law is there
observed in both letter and spirit.
Footnote 318:
Adele Schreiber in _Die Kritische Tribüne_ I, p. 114.
Footnote 319:
Baumgarten in _Zeitschrift_ IX, p. 174.
Footnote 320:
Lépine in _Annexes_, _loc. cit._, p. 20. For a much more exhaustive
account, however, see, in the same volume, the _Report_ of M. Meunier,
pp. 289–467, especially pp. 418–430.
Footnote 321:
Préfecture de Police, _Service des Moeurs, Règlement_ II (Maisons de
Tolérance), p. 6.
Footnote 322:
_Obligations et Défenses imposées aux filles publiques._
Footnote 323:
Meunier quotes the Prefect of Police as follows: “In a house of
ill-fame a woman is unable to refuse any man who presents himself.”
_Loc. cit._, p. 420.
Footnote 324:
“Zimmervermieterin.” This word keeps up the fiction that the
establishment is a boarding-house, not a bordell.
Footnote 325:
Regulations, Section 16.
Footnote 326:
A German translation of the Budapest regulations is given in
_Zeitschrift_ XII, pp. 437, etc. For the provisions above cited, see
pp. 439, 440.
Footnote 327:
_Règlement sur la Prostitution_ (1904), Section 19.
Footnote 328:
_Ibid._ Section 21.
Footnote 329:
_Ibid._ Section 25.
Footnote 330:
_Ibid._ Section 33.
Footnote 331:
A few live scattered, namely, those on probation.
Footnote 332:
_Mitteilungen der Deutschen Gesellschaft, etc._, VII. p. 2.
Footnote 333:
Polizeikommissar Rump, _Ibid._, p. 3.
Footnote 334:
Several years ago the police began to compile statistics which soon
reached 1,000, “und die lange nicht alle,” the Inspector remarked.
Footnote 335:
In 1904, of these thirty houses the number on each of these streets
were as follows: 3, 4, 4, 7, 11, 1.
Footnote 336:
The figures are taken from Frau Scheven’s _Denkschrift_.
Footnote 337:
_E. g._, Hamburg, Bremen, and Stuttgart.
Footnote 338:
_Règlement_, Section 12. She must only avoid the vicinity of schools,
public buildings, and churches.
Footnote 339:
Kampffmeyer, in _Zeitschrift_ III, 215. The article is an exhaustive
study of the living conditions of prostitution in Germany and
completely sustains the position taken in the text,—that the most
arbitrary police procedure is incapable of segregating prostitution,
if segregation is construed as in the text.
Footnote 340:
An account of the public meeting, which I was fortunate enough to
attend, is given in _Die Kritische Tribüne_, I, 10, in two articles:
Adele Schreiber. “_Zur Prostitutions—und Kasernierungsfrage_;”
Henrietta Fürth, “_Bordellstrasse?_” The same situation has just
arisen in Hamburg. The progress of the city makes it necessary to raze
certain of the houses mentioned in the text. There is vigorous
opposition to the proposal to allow the proprietors to locate
themselves elsewhere.
Footnote 341:
_Mitteilungen der deutschen Gesellschaft, etc._, VII, I, p. 7.
Footnote 342:
_Die Prostitution_, Vol. I, pp. 731–791.
Footnote 343:
_Ibid._, p. 780.
Footnote 344:
This was also formerly true of Vienna, where the regulations of 1900
favored bordells, but failed to increase their number.
Footnote 345:
Other Belgian towns show the same conditions: Antwerp had 29 houses in
1882, 3 in 1885; Liège 33 in 1881, 20 in 1895; Charleroi 10 in 1872, 3
in 1895.
Footnote 346:
Fiaux, _Police des Moeurs_, I, p. 211. Also Vol. II, pp. 907–8; Vol.
III, p. 664.
Footnote 347:
Felix Regnault, _L’Evolution de la Prostitution_ (Paris, 1907) p. 142.
Footnote 348:
Von Düring (_Zeitschrift_ IV, p. 113) quotes Ströhmberg as stating
that the same evolution is in progress at St. Petersburg, where 206
bordells in 1879 decreased to 65 in 1888. Similarly, Baumgarten
(_Zeitschrift_ IX, pp 174–5) states that Prague, which had in 1903, 48
bordells with 220 inmates, has (1908) 26, with 100 inmates.
Footnote 349:
_Die Prostitutionsfrage in der Schweiz_ (Zurich, 1913) p. 10.
Footnote 350:
“Etwas junges und frisches ist überhaupt nicht zu kriegen.”
Footnote 351:
For these figures I am indebted to official courtesy.
Footnote 352:
Meher, _loc. cit._, p. 150.
Footnote 353:
_Prostitutionsfrage in der Schweiz_, p. 11.
Footnote 354:
“_Ohne Bordelle, kein Mädchenhandel_.” Bloch, _Sexualleben_, p. 377.
Footnote 355:
Schneider, _loc. cit._, pp. 171–2.
Footnote 356:
See p. 257. For a detailed account of the exploitation of inmates in
Paris, see Fiaux, _Les Maisons de Tolérance_ (Third Edition, Paris,
1896) Chapter VII.
Footnote 357:
“Ohne Trinken ging es nicht.”
Footnote 358:
Linblad in _Report, Swedish Commission_, Vol. III, p. 65.
Footnote 359:
_Report, Swedish Commission_, Vol. III, p. 176.
Footnote 360:
_Kritische Tribüne_, _loc. cit._, p. 114.
Footnote 361:
Schneider, _loc. cit._, p. 168.
Footnote 362:
“The renter of these buildings charges the inscribed prostitute 8 to
10 marks a day for a room so that the owner gets from each inmate
something like 4,000 marks a year.” Bendig in _Zeitschrift_ XII, pp.
11, 12. (Abridged.)
Footnote 363:
_Annexes_, _loc. cit._, pp. 424–5. See also Fiaux, _Police des
Moeurs_, I, 213–217.
Footnote 364:
Fiaux, _Ibid._, p. 220.
Footnote 365:
Lépine in _Annexes_, _loc. cit._, p. 21.
Footnote 366:
See Fiaux _Maisons de Tolérance_, Chapter X, etc.
Footnote 367:
_Report, Swedish Commission_, III, p. 66.
Footnote 368:
See Meunier’s detailed account in _Annexes_, _loc. cit._, pp. 420,
etc.
Footnote 369:
See Moll, _loc. cit._, p. 366: Ostwald, _Schlupfwinkel der
Prostitution_ in _Das Berliner Dirnentum_, Vol. II.
Footnote 370:
_Tribune de Genève_, March 30, 1912. See also A. Guillot, _La Lutte
contre l’Exploitation et la Règlementation du Vice à Genève_ (Geneva,
1899) pp. 138–9.
Footnote 371:
_Mitteilungen, etc._, X, 5 p. 96.
Footnote 372:
See, for example, _Annexes_, _loc. cit._, pp. 433–435.
Footnote 373:
A detailed account of the terms is given by M. Lépine in _Annexes_,
_loc. cit._ pp. 22–24. M. Paul Meunier (_Ibid._, 428–430) discusses
these houses and gives particulars concerning a raid on one of them in
which he himself took part.
Footnote 374:
Fiaux, _Police des Moeurs_, III, p. 664.
Footnote 375:
_Dwelling and Rent Statute_, Section 6.
Footnote 376:
The only exhaustive statistical study of the living problem that I
found is that made by Johansson for the Swedish Commission (_Report_,
Vol III, pp. 175, etc.) and this deals only with the registered women,
relatively few in number. Johansson divides the 400 inscribed women of
Stockholm into 5 groups as follows:
I Living in lodgings where they receive customers 16
II Living in girl-houses 98
III Living in families and utilizing hotels 232
IV Living in suburbs and utilizing hotels 23
V Vagrants 31
Of course a girl does not permanently belong to any one group, but may
vary from time to time. Group III is most important. At the close of
1904, the police had listed 34 hotels with 405 rooms, utilized by
these women. He states that the hotel is conducted “like a factory,”
the women being practically in the employ of the proprietors. That is,
the enrolled women are operated for third-party profit; less than 4%
of them work for themselves.
Footnote 377:
It is often said that this opinion is held only by sentimentalists and
religious persons. As a matter of fact, it is the conclusion of police
officers all over the Continent, many of whom are still administering
the system. Prominent among these is Baumgarten of Vienna, for whose
views see _Zeitschrift_ IX, pp. 183–4. The literature attacking the
bordell in a strictly scientific spirit is enormous. See Bloch,
_Sexualleben_. Index, “_Bordelle_.” For a view favorable to the
bordell, see G. Roscher, _Gross-Stadtpolizei_ (Hamburg, 1912) pp. 257–
8. Dr. Roscher is the able and accomplished head of the Hamburg
police.
Footnote 378:
Finger and Baumgarten, _Referat_, p. 82. It must be noted, however,
that this health function is lodged with the police, not the health
authorities,—a fact which will be explained in the next chapter.
Footnote 379:
In respect to the last two items, a tendency towards a uniform policy
is discernible.
Footnote 380:
Inscribed women are examined by men physicians.
Footnote 381:
That is, non-inscribed prostitutes. As previously pointed out,
“clandestine” prostitutes may be just as notorious as inscribed ones.
Footnote 382:
Inscribed prostitutes who also hold positions or who are on probation
looking to release from the rolls may by special arrangement come on
Sunday for examination.
Footnote 383:
The present incumbent is Dr. Med. Georg Güth, Kriminalkommissar und
medizinisch-technischer Dezernent in der Verwaltung der Berliner
Sittenpolizei.
Footnote 384:
Güth, _loc. cit._, p. 13, gives details of equipment.
Footnote 385:
The preceding account is based on personal inspection and interviews,
on the leaflet issued by the bureau, entitled “_Dienstanweisung für
die bei der Sittenpolizei beschäftigten Aerzte_,” and on Penzig’s
“_Die Bekämpfung der Gewerbsunzucht durch die Sittenpolizei_,”
previously referred to.
Footnote 386:
This was the practice at Budapest also, until the regulations were
reformed in 1908.
Footnote 387:
Schneider, _loc. cit._, p. 21, gives additional instances.
Footnote 388:
This point will be referred to again in Chapter X.
Footnote 389:
An exhaustive study of Swedish conditions in regard to hospital
accommodations for venereal patients was made by Johansson and is
printed in Vol. III of the _Report of the Swedish Com._ For Germany,
see A. Guttstadt, _Krankhenhaus-Lexikon für das Deutsche Reich_
(Berlin, 1900), passim.
Footnote 390:
See Eugène Pottet, _Histoire de Saint-Lazare_ (1122–1912), Paris,
1912.
Footnote 391:
Güth in _Zeitschrift_ XIV, p. 11.
Footnote 392:
Güth, _loc. cit._, p. 10.
Footnote 393:
Non-registered prostitutes, if arrested, are also liable to medical
examination; the microscope is utilized in suspicious cases. The
police procedure is described by Inspector Penzig (_loc. cit._) as
follows: “After the usual questions have been asked of the accused
woman, the Inspector decides whether a medical examination shall take
place. The woman assistant (social worker) also expresses her opinion
on this point. If decided on, the examination is made by a woman
physician. As a rule the women make no objection.”
Footnote 394:
So also at Bremen; at Stockholm a microscopic slide is made at each
examination.
Footnote 395:
The Dresden procedure is not essentially different from that of Berlin
and Budapest.
Footnote 396:
Bettmann, _Die ärztliche Ueberwachung der Prostitution_, (Jena, 1905),
p. 50.
Footnote 397:
_Hygiene der Prost._, pp. 83, etc.
Footnote 398:
It is perhaps hardly necessary for me to state that I do not mean to
imply that if the State made no such concession, prostitution would
either vanish or at once be greatly diminished; the point is that the
attitude involved in regulation interferes with a vigorous or a
general struggle in the direction of self-restraint.
Footnote 399:
Vergil, _Aeneid_, Book V, line 231, Conington’s version of “Possunt,
quia posse videntur.”
Footnote 400:
“Still more objectionable must be considered the fact that society
helps in this way to maintain the belief among many persons that
prostitution is a necessity.” Johansson, _loc. cit._, p. 130.
Footnote 401:
_Hygiene der Prostitution_, p. 88. In view of the fact that within a
few pages I have twice ventured to differ with Prof. Blaschko, it is
perhaps proper for me to state that he is one of the foremost and one
of the soundest of European authorities on the entire subject.
Footnote 402:
_Loc. cit._, p. 107 (slightly abridged).
Footnote 403:
_Zeitschrift_ VIII, p. 399.
Footnote 404:
I have paid little attention to soft chancre because it is of so much
less consequence than the two diseases on which the argument turns.
Footnote 405:
M. v. Gruber, _loc. cit._, p. 6.
Footnote 406:
_Ibid._, p. 26.
Footnote 407:
Güth, _loc. cit._, p. 3.
Footnote 408:
In the preceding account I have followed Blaschko, “_Hygiene der
Prostitution_, etc.,” pp. 1–19; Pinkus, “_Die Verhütung der
Geschlechtskrankheiten_” and Güth, _loc. cit._
Footnote 409:
_Rapport Annuel, Ville de Bruxelles, Année, 1910_, p. 65. In 1898—at a
time when 172 women were enrolled—7 patients were sent to the hospital
in the course of the year (_Compte Rendu des Séances, II^e Conférence
Internationale_, Bruxelles, 1903, pp. 185–6).
Footnote 410:
_Zeitschrift_ VIII, p. 291.
Footnote 411:
“Strenge Kontrolle.”
Footnote 412:
“Leichte Kontrolle.”
Footnote 413:
The hands of the physician were uncovered and were not washed until
all the examinations were completed.
Footnote 414:
Zinnser in _Zeitschrift_ V, pp. 204–5 (abridged).
Footnote 415:
Communicated by Prof. Pinkus.
Footnote 416:
Johansson, _loc. cit._, p. 36.
Footnote 417:
Johansson, _loc. cit._, p. 36.
Footnote 418:
Figures given by Professor Pinkus.
Footnote 419:
Though this book deals only with prostitution in Europe, I venture for
the purpose of conclusively establishing the uselessness of the
clinical method to refer to the researches of Dr. Archibald McNeil of
New York City. Of 647 girls examined, 20.56% had clinical
manifestations of disease; of 466 of these same girls, microscopic and
other tests showed 89.3% to be venereally infected. See Kneeland,
“_Commercialized Prostitution in New York City_ (New York, 1913), pp.
188–190.”
Footnote 420:
_Loc. cit._, p. 4.
Footnote 421:
_Zeitschrift_ VI, pp. 232 etc.
Footnote 422:
_Zeitschrift_ V, p. 205.
Footnote 423:
_Zeitschrift_ IX, p. 172.
Footnote 424:
_Zeitschrift_ XIII, p. 6.
Footnote 425:
Bremen not included.
Footnote 426:
This refers to a date preceding the reform of system to be next
discussed.
Footnote 427:
_Loc. cit._, p. 3.
Footnote 428:
_Zeitschrift_ V, p. 205.
Footnote 429:
Translation from police journal “_Public Safety_,” May 29, 1912.
Footnote 430:
_Report, French Com., Annexes_, p. 259.
Footnote 431:
See Bettmann, _loc. cit._, pp. 177–180 for additional illustrations.
Also _Zeitschrift_ I, p. 298.
Footnote 432:
Pinkus, _loc. cit._, p. 71; of course some withdrawals are due to
death, change of occupation, etc. See also _Zeitschrift_ VIII, p. 59.
Footnote 433:
Personal communication.
Footnote 434:
_Zeitschrift_ VI, p. 275. Also Johansson, _Report, Swedish
Commission_, Vol. III, p. 47.
Footnote 435:
Meher, _loc. cit._, p. 157.
Footnote 436:
Schmölder, _Unsere heutige Prostitution_ (Munich, 1911) p. 22.
Footnote 437:
Johansson, _Report, Swedish Commission_, Vol. III, p. 43.
Footnote 438:
_Reglementeringen_ in Stockholm, pp. 78–9.
Footnote 439:
Johansson, _Report, Swedish Commission_ Vol. III, p. 168.
Footnote 440:
_Reglementeringen_ in Stockholm, p. 41.
Footnote 441:
_Ibid._, p. 43.
Footnote 442:
Quoted by Schmölder, _loc. cit._, p. 17.
Footnote 443:
Gruber, _loc. cit._, p. 28.
Footnote 444:
“_Public Safety_.” May 29, 1912, etc.
Footnote 445:
Johansson, _loc. cit._, p. 155.
Footnote 446:
_Ibid._, p. 124; _ditto_, p. 37.
Footnote 447:
June, 1912.
Footnote 448:
For these valuable statistics I am again indebted to the courtesy of
Professor Pinkus.
Footnote 449:
If gonorrhœa, it is not the less dangerous on that account; in case of
syphilis, as I have previously remarked, if actually latent it is not
infectious; if just supposedly latent, as is apt to be the case, the
danger is extreme.
Footnote 450:
_Loc. cit._, p. 89.
Footnote 451:
Police report, 1911, p. 72.
Footnote 452:
Personal communications by officials.
Footnote 453:
_Report, Swedish Commission_, Vol III, p. 132.
Footnote 454:
Neisser in _Zeitschrift_ I, p. 255.
Footnote 455:
_Zeitschrift_ IX, p. 194. The fact is striking even though in my
judgment certain factors affecting the result have been overlooked.
Footnote 456:
Privately communicated by official physician.
Footnote 457:
_Loc. cit._, p. 50.
Footnote 458:
Commenge, p. 235. These arrests are made on the score of disorder, not
of suspected disease. Minors who behave go on with impunity. This is
made clear below.
Footnote 459:
_Zeitschrift_ VIII, p. 301.
Footnote 460:
_Zeitschrift_ XIV, pp. 234–5.
Footnote 461:
_Zeitschrift_ X, p. 108.
Footnote 462:
_Münchener medizinische Wochenschrift_, January 7, 1913, pp. 12, 13.
Footnote 463:
_Zeitschrift_ VIII, pp. 399–400.
Footnote 464:
It is said that managers of enterprises of this character require the
habituées to employ private physicians to keep them advised as to
their condition.
Footnote 465:
Pinkus, _loc. cit._, p. 71.
Footnote 466:
Police Report, _loc. cit._, p. 72.
Footnote 467:
Personally communicated by officials.
Footnote 468:
For the statistics of arrests of inscribed women and the results of
their medical examination in German cities, see _Zeitschrift_ XII, p.
7. Also, Pinkus, _loc. cit._, pp. 72, 73; _Zeitschrift_ X, p. 108;
_ibid._, XIV, pp. 236–7. For Stockholm, _Report, Swedish Commission_,
Vol. III, p. 30.
Footnote 469:
_Zeitschrift_ XI, p. 417.
Footnote 470:
_Zeitschrift_ IX, p. 230. It is to be remarked that all those quoted
above are avowed regulationists and all are men of international
eminence.
Footnote 471:
_Zeitschrift_ I, p. 198.
Footnote 472:
_Zeitschrift_ VIII, p. 413.
Footnote 473:
Julius Engel-Reimers: _Die Geschlechtskrankheiten_ (Hamburg, 1908), p.
83.
Footnote 474:
See Chap. X.
Footnote 475:
A prominent lay official of the Berlin police, Dr. Lindenau, candidly
admits: “A usable set of statistics as to the effect of sanitary
regulations is not to be had.” (From “_Die strafrechtliche Bekämpfung
der Gewerbsunzucht_.”)
Footnote 476:
_Loc. cit._, p. 2.
Footnote 477:
Personally communicated by officials.
Footnote 478:
Pages 231–2.
Footnote 479:
Möller, “_Ist eine Gonorrhöekontrolle möglich?_” _Zeitschrift_ VI, p.
233.
Footnote 480:
Pinkus _loc. cit._, p. 86. Some physicians hold that the latter part
of this statement is perhaps too sweeping, but all are agreed that
gonorrhœa in the female is infinitely more stubborn than in the male
and that gonorrhœa in prostitutes is practically never cured.
Footnote 481:
_Ibid._, p. 91.
Footnote 482:
Güth admits this, _loc. cit._, p. 11. See also _Zeitschrift_ II, p.
106.
Footnote 483:
Privately communicated at headquarters.
Footnote 484:
Personally communicated by officials.
Footnote 485:
_Loc. cit._, p. 89.
Footnote 486:
_Zeitschrift_ V, p. 286.
Footnote 487:
_Zeitschrift_ XI, p. 6. See also articles by Loeb referred to under
Chapter I.
Footnote 488:
This would appear the more charitable explanation of the fact that 429
inmates of Paris bordells showed one case of syphilis in 1902; 312
showed none in 1903. Turot, _loc. cit._, p. 70. In the Roman brothels,
“not oftener than once in three or four months is a girl discovered
who is diseased and forced to withdraw from the house!” In one
establishment it was declared that no girl had been disbarred for
years on account of disease: an instance was however recalled—“four
years ago.”
Footnote 489:
Schrank, _loc. cit._, Vol. II, p. 209.
Footnote 490:
_Zeitschrift_ I, p. 375.
Footnote 491:
_Report, French Commission_, p. 110.
Footnote 492:
Pinkus, _loc. cit._, p. 108, with notes. In Möller’s cases at
Stockholm, 67.7% of the infected men admitted intoxication.
_Zeitschrift_ V., p. 301.
Footnote 493:
_Zeitschrift_ IX, p. 103.
Footnote 494:
This is well discussed by Oppenheim and Neugebauer in _Zeitschrift_
XII, pp 306–7. One-half of the men interrogated were unable to give
definite answers. _Ditto_, p. 314.
Footnote 495:
_Zeitschrift_ XII, pp. 6–7.
Footnote 496:
_Ditto._ It is, of course, clear that these figures are vitiated by
the poor quality of the examinations; but undoubtedly, whatever her
own condition, the bordell prostitute can contaminate more men, if she
is herself diseased—as our argument proves her to be—and, in any
event, she is so situated as to act as a passive carrier more largely.
Footnote 497:
Referat, _loc. cit._, p. 104.
Footnote 498:
_Loc. cit._, p. 69.
Footnote 499:
_Zeitschrift_ VIII, p. 399.
Footnote 500:
The system is fully described by Weidanz in _Zeitschrift_ XIV, pp. 88,
etc. It is to be observed that nothing is said as to the amount of
disease contracted by men.
Footnote 501:
It is stated that 22,000 sublimate of mercury pastilles were used by
them last year.
Footnote 502:
_Zeitschrift_ IV, p. 81.
Footnote 503:
The absurdity of ignoring the male factor in any endeavor to lessen
disease is clearly shown by the following incident: In Christiania, in
1910, among those applying for free treatment of venereal disease,
were 21 women who named their husbands as the source of infection, 6
men who named their wives.
Footnote 504:
_Report, French Commission, Annexes_, p. 54.
Footnote 505:
Scheven, _loc. cit._, p. 11.
Footnote 506:
Lack of space makes a fuller historical account impossible in this
volume. The reader will find the details in “_The Social Evil: a
Report_” (New York, 1912) pp. 163–196.
Footnote 507:
This topic will be exhaustively considered in Mr. Raymond B. Fosdick’s
forthcoming volume _The European Police_ in this same series. I touch
it briefly here for the reason that appears in the text.
Footnote 508:
Lindenau grants this by implication. He argues for a change of law on
the ground that thus “an end will be put to the reproach that
controlled prostitutes are exposed to the caprice of subaltern police
officers on account of the details of the rules.” _Loc. cit._, p. 27.
Footnote 509:
“La visite est la seule excuse de ce règlement de police arbitraire.”
Reuss: “_La Prostitution au point de vue de l’hygiène et de
l’administration_.” Paris, 1889, p. 788. Quoted by Schmölder in
“_Staat und Prostitution_.” (Berlin, 1900), p. 13.
Footnote 510:
There is also an element of luck that ought to be taken into account.
Some girls fall into the hands of the morals police because they
happen to be caught doing things which others have done and continue
to do with impunity.
Footnote 511:
Vagabondage is elsewhere also the prime factor in registration. A
prominent Belgian publicist said to me in reference to Brussels: “Only
the women who are poor suffer from the law.” See also Chapter IX for
the _Danish law on Vagabondage_.
Footnote 512:
Rule 11.
Footnote 513:
Rule 6.
Footnote 514:
Rule 7.
Footnote 515:
_Obligations et Défenses imposées aux filles publiques._
Footnote 516:
Rules 14, 15.
Footnote 517:
_Loc. cit._, pp. 23, 180.
Footnote 518:
Turot, _loc. cit._, pp. 33, 35. See also Commenge, _loc. cit._, Ch.
II.
Footnote 519:
_Police Report_, _loc. cit._, p. 72. I cannot make out whether
rearrests are included in these figures,—probably not.
Footnote 520:
_Zeitschrift_ I, p. 298.
Footnote 521:
Johansson in _Report, Swedish Commission_, Vol. III, p. 11.
Footnote 522:
_Ibid._, p. 123.
Footnote 523:
For example, the following table shows number of breaches of rules on
the part of the few hundred inscribed prostitutes of Stockholm:
1903 1904 1905 1906
9,908 8,191 7,159 7,515
Footnote 524:
This is the situation above adverted to as leading to corruption and
injustice.
Footnote 525:
This appears to be especially true of Paris, where I was assured of
the fact by many persons prominent in public life,—senators, former
Cabinet Ministers, economists and physicians. My notes show their
names, which are in not a few cases honorably known the world over. I
regret that I do not feel warranted in giving them here.
Footnote 526:
_Loc. cit._, p. 83.
Footnote 527:
Strictly speaking, no community can be an abolition community unless
it has previously had regulation; but in this chapter—and indeed
generally—the term abolition is also applied to cities that, without
ever having had regulation, are opposed to the adoption of that or any
similar policy; and persons are called abolitionists if they are
opposed to the things implied by regulation.
Footnote 528:
Following the division made in discussing regulation, I shall in this
chapter deal with order only; disease is remanded to the succeeding
chapter.
Footnote 529:
A very convenient manual of English Law dealing with all phases of the
subject is available: W. A. Bewes, “_A Manual of Vigilance Law_” (2nd
Edition by W. F. Crails), London, 1905. The law dealing with
solicitation is summarized and luminously discussed in the Report of
the Royal Commission upon the duties of the Metropolitan Police, Vol
I, p. 323 (London, 1908). This report will be referred to in this
chapter as _Report, Roy. Com._
Footnote 530:
_Towns Police Clauses Act, 1847_, Section 28. The Vagrancy Act of 1824
may also be invoked against a “prostitute wandering in the public
street or in any place of public resort and behaving in a riotous or
indecent manner.” c. 83, Section 3.
Footnote 531:
_I. e._, patrolman or policeman.
Footnote 532:
Summary conviction does not mean that the woman is without witnesses
or attorney.
Footnote 533:
By 2 and 3 Victoria c. 47, subs. 11.
Footnote 534:
There are no statutory provisions expressly relating to the annoyance
of women by men in the streets. The Royal Commission was however of
opinion that insults of this kind could be dealt with under the
_Metropolitan Police Act_, 1839, Section 54, 13. See _Report_, pp. 33,
118–120.
Footnote 535:
Manual, p. 8, where cases are cited.
Footnote 536:
Russell on _Crimes_ (6th Edition) Vol. I, p. 740.
Footnote 537:
_Crim. Law Amend. Act_, 1885, c. 49, Section 13.
Footnote 538:
_Report Roy. Com._, _loc. cit._, p. 124.
Footnote 539:
This is especially true in respect to the communication of venereal
contagion; but consideration of this portion of the Scandinavian
statutes is postponed to the next chapter.
Footnote 540:
All Norwegian laws bearing on this subject have been brought together
in a special pamphlet issued by the Norwegian Law Journal (_Norsk
Lovtidende_). A useful compilation, unfortunately no longer up to date
is: A. Faerden, _Exposé des dispositions pénales concernant les délits
contre les moeurs dans divers pays_. (Christiania, 1891.)
Footnote 541:
Section 1. I utilize a German translation of the Danish law; it is
called, _Gesetz zur Bekämpfung der öffentlichen Unsittlichkeit und der
venerischen Ansteckung_ (Berlin, 1907).
Footnote 542:
_Ibid._, Section 2.
Footnote 543:
_Staatsblad van het Koninkrijk der Nederlander._ No. 130, Section 250
bis. The sections of the penal code are supplemented by local
ordinances.
Footnote 544:
_Algemeene Politie Verordening_ Sections 201, 202.
Footnote 545:
_Ibid._, Section 205a.
Footnote 546:
_Ibid._, Section 205 bis.
Footnote 547:
The Swiss laws are brought together in Weiss’s book already cited.
Footnote 548:
This explains the continued existence of regulation in Geneva, where
the French influence is still strong. A new Federal Criminal Code is,
however, now in preparation. I am informed by jurists of high standing
that the new law will surely contain provisions which will forbid
cantonal regulation by means of a general Federal enactment.
Footnote 549:
_Strafgesetzbuch für den Kanton Zürich_, Sections 119, 120, 121.
Footnote 550:
_Strafgesetzbuch für den Kanton Zürich_, Section 128.
Footnote 551:
_Report, Roy. Com._, p. 125 (somewhat abridged).
Footnote 552:
The importance of this factor from a practical point of view is made
clear by the following considerations: “Solicitation _per se_ is not
an offence.” (_Report, Roy. Com._, p. 119). “In a prosecution under
the Metropolitan Police Act there must be evidence sufficient to
satisfy the magistrate that the woman is a prostitute. Next, there
must be evidence as to the actions of the woman showing that she was
loitering in a thoroughfare or public place for the purpose of
prostitution or solicitation; and, lastly, there must be evidence that
her action was to the annoyance of the inhabitants or passengers.”
_Ibid._, p. 49.
Footnote 553:
_Duty Hints, Metropolitan Police_, p. 11.
Footnote 554:
As a rule, the police observe a suspected disorderly house on the
request of the borough authorities, to whom results are communicated;
the aforesaid authorities act by warrant or otherwise. Social and
other organizations occasionally instigate prosecutions.
Footnote 555:
“Prostitutes cannot legally be taken into custody simply because they
_are_ prostitutes; to justify their apprehension they must commit some
distinct act which is an offence against the law.” _Report Roy. Com._,
p. 49 (quoting White Book of the Department, pp. 338–9).
Footnote 556:
_Duty Hints_, pp. 48, 57.
Footnote 557:
_Duty Hints_, pp. 35, 54.
Footnote 558:
Testimony of _Sir Edward Henry_, _Report, Roy. Com._
Footnote 559:
_Report, Roy. Com._, p. 93.
Footnote 560:
_Ibid._, Return 7, XII, XIII.
Footnote 561:
The term “bordell,” properly meaning a licensed, recognized, or
tolerated house of prostitution, is not employed at all in Great
Britain.
Footnote 562:
These brothels not infrequently occupy the upper floors of buildings
in Regent Street and Bond Street, the floors below being occupied by
fashionable shops.
Footnote 563:
The following are all brothel advertisements clipped from a popular
one-penny weekly:
Skilful Treatment for Muscular Ailments given daily. Hours 12:30 till
7.—Shepherd, Edgeware Road, Marble Arch, W. (entrance in Little Queen
Street). Assistant wanted at once.
* * * * *
Care of hands and nails.—Miss ——, Court Chambers, Marylebone Rd., 2nd
Floor (entrance in Seymour Place). Assisted by specialist from Paris.
Hours 12 to 7. Three languages spoken. Assistant wanted.
* * * * *
Electrical treatment for all muscular ailments.—Apply Nurse, —— Warren
Street, Tottenham Court Road (adjoining Warren Street Tube), 1st
floor. Hours, 12 till 8.
* * * * *
Newly opened Establishment.—Miss ——, Nail Specialist, —— Shaftesbury
Avenue, Piccadilly Circus, W.
* * * * *
Specific Treatment for Rheumatism by Madame ——, —— Manchester Street,
Manchester Square, W.
* * * * *
A Trained Nurse Has Special Oils for Muscular Ailments.—Apply ——
Allsop Place, Flat D (entrance floor) next Madame Tussaud’s, Baker
Street Sta.
* * * * *
French lady would receive a few paying guests in her well-appointed
and newly-decorated house.—Apply Madame ——, Hugh St., Victoria (Two
Minutes from Station). Side entrance. Assistant wanted.
* * * * *
Sciatica and Rheumatism.
Skilfully treated by nurse. Also care of the feet. —— Glass-house
Street, Regent Street; one minute Piccadilly Circus. Hours, 12 to 7.
Saturday, 12 to 6.
* * * * *
French lessons and conversation
Given by
Madame ——, 1 Oxford Street, W.
Hours 1 to 9.
* * * * *
In a single number of this sheet there are 44 unmistakable
advertisements of this kind. A few weeks later, the above
advertisements had mostly disappeared, new ones taking their place.
Footnote 564:
Report, July 31, 1911.
Footnote 565:
Compiled from the _Reports of the Commissioner of Police_. Acton,
_loc. cit._, pp. 4, 6, give police returns for 1841, 1857 and 1868.
Footnote 566:
In 29 cases charges were proved and order made without conviction.
Footnote 567:
In 34 cases charges were proved and order made without conviction.
Footnote 568:
In 37 cases charges were proved and order made without conviction.
Footnote 569:
These women conduct brothels in the sense that there are several
“nurses” or “assistants” on the premises during business hours; if the
customer is not pleased, photographs of available girls are shown and
almost any desired type is promised on appointment.
Footnote 570:
_Report, Royal Commission_, p. 124.
Footnote 571:
_Report, Royal Commission_, p. 100.
Footnote 572:
_Ibid._, p. 101.
Footnote 573:
Whether the police even now make full use of their power to clear the
streets is a matter on which opinions differ. Certain witnesses before
the Royal Commission indulged in criticism (_Report_, p. 81). The
Commission ultimately came to a conclusion on the whole favorable to
the police. In my own opinion, it is impossible to reach a single and
simple verdict. London is better or worse according to the requirement
of more or less localized public opinion, the general tendency being
towards improvement.
Footnote 574:
_Ibid._, p. 129, slightly abridged. Sir Edward Henry’s evidence is
fully sustained by that of Mr. Coote, p. 83.
Footnote 575:
The National Government is, however, not wholly without power even
over provincial police forces. Mr. Fosdick will give details in the
book previously referred to.
Footnote 576:
In Glasgow the number of licensed premises has steadily declined from
1,819 in 1892 to 1,565 in 1911. _City of Glasgow Police, Criminal
Returns_, 1911, p. 56. In Birmingham, the reduction has been relative,
not absolute; there were 2,163 licensed establishments in 1881, ratio
to population 1:188; 2,368 in 1911, ratio to population 1:354.
(_Report of Police Establishment_ 1911, p. 18.)
Footnote 577:
In Birmingham and Manchester there are no “flats” in the London sense.
Footnote 578:
_Report of Police Establishment_ 1910, p. 66 (Liverpool, 1911).
Similar information is contained in the corresponding reports of other
cities.
Footnote 579:
For Edinburgh statistics I am indebted to the courtesy of the chief
constable, R. Ross, Esq. It will be noted that in 1911 the number of
women arrested exceeds the number of known brothels. This is accounted
for by the fact that the brothels contain several women each.
Footnote 580:
In the provincial cities as in London, women are more prominent in the
Arcades than in the streets, as Arcades are private property.
Footnote 581:
Communicated by Chief Constable.
Footnote 582:
_Report_, 1910, p. 67 (slightly abridged).
Footnote 583:
_Criminal Returns_, 1911, p. 6.
Footnote 584:
_Report_, _loc. cit._, p. 45.
Footnote 585:
_The Shield_, Nov.-Dec., 1911, p. 78.
Footnote 586:
_Reglementeringen i Stockholm_, pp. 91–92.
Footnote 587:
The documents in the case are: _Memorandum on a Social Evil in
Glasgow_, published by authority of the Parish Council, October, 1911;
_Social Evil in Glasgow, Report by the Chief Constable_.
Footnote 588:
I refer by this description to spurious cigar shops, manicure
establishments, etc.
Footnote 589:
This particular form of humbug is impossible in Austria-Hungary where
the sale of tobacco is an imperial monopoly.
Footnote 590:
There are between fifty and sixty of these shops in Zurich. At times a
servant is saleswoman; the prostitute herself lolls in the rear room.
Footnote 591:
It is no uncommon error for regulationists to suppose that these
abominations occur only or mainly in abolition towns. Such a mistake
appears to be implied in the account of Zurich by Müller and Zürcher,
_Zeitschrift_, XIV, p. 205.
Footnote 592:
Weiss, _loc. cit._, p. 125.
Footnote 593:
The word pandering is here used in a very broad sense, as a
translation of “Kuppelei” which includes all forms of promoting
prostitution.
Footnote 594:
Müller and Zürcher, in _Zeitschrift_, XIV, p. 198.
Footnote 595:
Personally communicated by police head.
Footnote 596:
I. e., Violation of Section 2 of the laws of 1906.
Footnote 597:
The number of women enrolled had been as high as 700.
Footnote 598:
For a detailed discussion of this point see a paper by E. M. Hoff,
“_On the Effects of the Law of March 30, 1906_” (Copenhagen, 1909).
Dr. Hoff, quoting an unfavorable utterance by Judge Cold respecting
“the armies of loose women in the Vesterbro quarter,” remarks: “If we
should go out to the Vesterbro in the expectation of unpleasant
experience in the way of public morals, we should be disappointed.
Vesterbro makes the impression of not having changed essentially since
the passage of the law. There is certainly no offence to be feared by
anyone walking through the streets; of course loose women whose manner
is not characterized by great reserve may be noted, but the same was
true formerly and had been true for years. In general, conditions can
fairly be described as quiet.” (p. 2, somewhat condensed.) I visited
the quarter at different hours, day and night, and fully concur in Dr.
Hoff’s contention that prostitution is not more conspicuous than in
similar neighborhoods elsewhere in Europe.
Footnote 599:
Völlig stumm.
Footnote 600:
_Reglementeringen i Stockholm_, pp. 132–3.
Footnote 601:
_Loc. cit._, p. 46.
Footnote 602:
_Ibid._, p. 47.
Footnote 603:
Weiss, _loc. cit._, p. 121.
Footnote 604:
Weiss, _loc. cit._, p. 123.
Footnote 605:
Regulation, of course, expressly recognized her right to do this, if
she were registered.
Footnote 606:
Page 329.
Footnote 607:
The penalty is the workhouse for 12 days, 18 days, etc., up to 90
days.
Footnote 608:
Communicated by police authorities.
Footnote 609:
The police heads are careful to affirm that these figures indicate not
an increase of prostitution, but increased knowledge of its
whereabouts.
Footnote 610:
For the facts comprised in the foregoing account, I am indebted to the
courtesy of many officials in Holland, Denmark, and Norway.
Footnote 611:
Quoted in _Die Prostitutionsfrage in der Schweiz_, _loc. cit._, p. 37.
Footnote 612:
This force also has certain other duties.
Footnote 613:
Names are given when the physician feels that the patient is likely to
spread infection, or when the patient is sent into a hospital.
Footnote 614:
A copy of the following slip is given to the patient:
Attention is called to the following sections of the Penal Code:
Sec. 155. Whoever, with knowledge or conjecture that he is suffering
from a contagious sex disease, infects or exposes to infection another
person, by means of sexual intercourse or immoral contact, shall be
punished with imprisonment for not more than three years.
The same punishment is provided for those who connive at enabling any
person who is known or suspected to be afflicted with a contagious sex
disease, to infect in the above manner or expose to infection, another
person.
If the person infected, or exposed to infection, be married to the
guilty person, public prosecution shall take place only on application
by the injured party.
Sec. 358. Imprisonment for six months or less is the punishment for
anyone who, without calling attention to the danger of infection,
1. Causes a child to be nursed, knowing or suspecting the child to be
afflicted with contagious syphilitic disease, or engages anyone to
nurse such child, or
2. Knowing or suspecting that he (or she) is suffering from contagious
syphilitic disease, enters the household of another as servant, or
remains in such service, or receives a strange child to nurse it, or
aids in bringing about such conditions.
The same punishment is provided for those who engage or, having
engaged, retain, any person known or suspected to suffer from
contagious syphilitic disease, as nurse for a child, or who aids in
bringing about such engagement or retention in service.
Footnote 615:
I herewith acknowledge, that Dr. —— has called my attention to the
following points:
1. That I am suffering from _Syphilis_.
2. That my disease is contagious for at least .. years.
3. That I am punishable, if I in any way expose others to infection.
Copies of Penal Code, Sections 155 and 358 received.
Date.
Signature.
Footnote 616:
The invitation is as follows:
Christiania Health Board,
Second Health Inspector.
You are respectfully requested to report at the office at No. 55 Akers
Street, third floor, ............... as it is desired to talk to you.
Christiania, the .......... 19..
Footnote 617:
Hoff, _loc. cit._, p. 5.
Footnote 618:
For the text of the statute, translated into English, see Appendix.
Footnote 619:
It should be mentioned that in Germany too a start has been made in
this direction.
Section 223 of the German Penal Code can be invoked against any
person “injuring the health of another;” the penalty is imprisonment
up to three years or fine up to 1,000 marks. There is considerable
agitation in favor of provisions explicitly aimed at venereal
disease. See, e. g., M. Homburger, _Die strafrechtliche Bedeutung
der Geschlechtskrankheiten_, _Zeitschrift_ XI, pp. 28, 63, and 205.
Footnote 620:
This is an important variation from the Norwegian prototype and
indicates the compromise spirit that here and there appears in the
Danish law.
Footnote 621:
The law does not require that the name of the patient be reported, but
it must be correctly given to the physician.
Footnote 622:
Slips containing instructions as to the nature of the disease, the
patient’s proper conduct while under treatment and the penalties to
which misconduct may lead are also, as in Norway, handed to him or
her.
Footnote 623:
Its dimensions are 17″ × 26″.
Footnote 624:
_Sanitary Laws_, revised text, Section III, Articles 136–156.
Footnote 625:
_Ibid._, Article 144.
Footnote 626:
Ministry of the Interior, Direction-General of Public Health.
Telegraphic Circular to the Prefects of the Kingdom: “_The Prophylaxis
of Venereal Diseases_.” (Abridged.)
Footnote 627:
If the woman objects, examination can be made only if ordered by the
court. As a matter of fact, objection is rare, as the courts would not
hesitate to grant the necessary authority.
Footnote 628:
This provision was in a somewhat different form included in the
_Regulatory Statute of 1866_, where it was provided that a registered
prostitute could be punished if she knowingly communicated infection;
but punishments were rare, since the girl could always shield herself
behind the fact that the police surgeons had pronounced her well—an
interesting illustration of the way in which the medical examination
may defeat its own object.
Footnote 629:
His views are stated in his _Report to the Tenth International
Congress of Hygiene and Demography_, held at Paris, 1900.
Footnote 630:
Dr. Hoff points out (_loc. cit._, p. 8) that similar police assistance
may also be procured by the health authorities in dealing with other
contagious or infectious maladies. Practically, however, it would seem
that the cases are not entirely analogous, since one of the main
difficulties in getting control of venereal disease lies in the police
association with the subject which has to be effaced. Moreover, the
repugnance to publicity, and the sense of shame attending venereal
infection are also factors to be reckoned with.
Footnote 631:
I take the case of an infected man; the same process applies to an
infected woman who is free to denounce the man responsible for her
condition.
Footnote 632:
The action of the police is based on Section 181 of the Penal Code
reading as follows:
Sec. 181. When anyone knowing or suspecting himself to be infected
with venereal contagion, has intercourse with another person,
punishment by imprisonment shall be imposed, or, under aggravating
circumstances, detention at hard labor in the House of Correction.
Footnote 633:
Oppenheim and Neugebauer (_Zeitschrift_ XII, p. 314) give the results
of an endeavor to locate the sources of 2,472 infections; 1,365 of
those afflicted were unable or refused to give any helpful
information. Some patients desire to screen their partners; some are
plainly unreliable; others have offended so frequently that their
answers are mere guesses. See _Ibid._, p. 306.
Footnote 634:
Compiled from _Police Reports_. Slight discrepancies in the totals are
due to the occasional appearance of the same person more than once.
Footnote 635:
A case was reported of a man who kept a list of those he supposed
himself to have infected.
Footnote 636:
A counter advantage ought also to be mentioned. The fear of a possible
denunciation probably induces some who find themselves diseased to
submit to treatment. And a counter disadvantage: women are much more
often denounced than men,—a survival of the unfairness of regulation.
Footnote 637:
These figures may be found in the Health Reports of Copenhagen. For
the form in which they appear above I am indebted to the courtesy of
Inspector Schepelern-Larsen.
Footnote 638:
Annexes, _loc. cit._, p. 263.
Footnote 639:
Some of these were partly compensated by being made dispensary
physicians.
Footnote 640:
Originally the physicians made a monthly report.
Footnote 641:
R. W. Johnstone, _Report on Venereal Diseases_ (Local Government
Board, London, 1913) p. 1.
Footnote 642:
_Ibid._, p. 20.
Footnote 643:
_Ditto_ (all slightly abridged).
Footnote 644:
White and Melville, _Venereal Disease, its Present and Future_. Paper
read at Annual Congress of Royal Institute of Public Health, held at
Dublin, August, 1911, p. 15.
Footnote 645:
_The Prevention of Destitution_ (London, 1912) p. 33. See also notes,
pp. 43, 44.
Footnote 646:
Such data as exist can be found in various treatises on venereal
disease; e. g., in Blaschko, _Hygiene der Prostitution_. Summarized
statements are given by White and Melville, _loc. cit._, etc.
Footnote 647:
Blaschko’s summary of the defects of the statistical procedure is well
worth reproducing. Three methods have been employed:
(1) Comparison of amount of disease found among inscribed
prostitutes with that found among non-inscribed prostitutes.
The latter is higher, but that is due less to lack of medical
control than to the lower age.
(2) Inquiry as to source of infection. Not significant since we know
nothing of the ratio of the two groups (registered and
non-registered) to the number of their customers respectively.
(3) a. Comparison of the incidence of venereal disease in places
with and without regulation.
b. Comparison before and after abolition.
c. Comparison of places where regulation has been strict with
places where it has fluctuated. These ignore other factors
that greatly influence the phenomenon in question. (Art.
_Die Prostitution_, pp. 1243–44, abridged).
Footnote 648:
_Hygiene der Prostitution_, _loc. cit._, p. 31. If the incidence of
gonorrhœa is placed at 200%, the average is two attacks.
Footnote 649:
_Ibid._, p. 32.
Footnote 650:
_Verhütung der Geschlechtskrankheiten_, p. 7.
Footnote 651:
_Ibid._, p. 21.
Footnote 652:
To the Prussian blank it is stated only 63.45% of the physicians
applied to responded. _Report, Swedish Com._, Vol. III, p. 1.
Footnote 653:
_Ibid._, pp. 15–10.
Footnote 654:
The laws were suspended in 1884.
Footnote 655:
The complete statistics taken from the _Army Medical Reports_ are as
follows:
───────────────────────────────────────────────────────────────────────
Total number of
Report for the Recruits
Year Inspected Recruits rejected For Syphilis
„ „ Number Per 1,000
SLIGHT REGULATION
1866 20,410 338 16.56
1867 26,646 440 16.51
1868 23,543 303 12.88
1869 17,749 291 16.40
REGULATION AT ITS HEIGHT
1870 38,408 606 15.78
1871 36,212 593 16.38
1872 28,390 445 15.67
1873 24,895 411 16.51
1874 30,557 481 15.74
1875 25,878 327 12.63
1876 41,809 634 15.16
1877 43,803 680 15.52
1878 43,867 665 15.16
1879 42,668 573 13.43
1880 46,108 538 11.67
1881 47,444 593 12.50
1882 45,423 487 10.72
REGULATION SUSPENDED
1883 59,436 583 9.81
1884 66,882 707 10.57
1885 72,249 706 9.77
ABOLITION
1886 74,991 613 8.18
1887 60,976 494 8.10
1888 49,172 382 7.77
1889 53,904 358 6.64
1890 55,367 351 6.34
1891 61,322 300 4.9
1892 68,761 318 4.62
1893 64,110 314 4.90
1894 61,985 315 5.09
1895 55,698 194 3.48
1896 54,574 202 3.71
1897 59,986 208 3.47
1898 66,502 258 3.88
1899 68,087 182 2.67
1900 84,402 188 2.22
1901 76,750 177 2.31
1902 87,609 238 2.72
1903 69,533 211 3.03
1904 70,346 178 2.53
1905 66,703 156 2.34
1906 62,371 170 2.73
1907 59,393 107 1.80
1908 61,278 113 1.84
1909 50,208 89 1.77
1910 45,671 71 1.55
1911 48,178 89 1.85
From the foregoing table one must not infer that syphilis in the
general population of Great Britain is rapidly decreasing, for it is
impossible to say whether the recruits are fairly representative. See
Johnstone, _loc. cit._, p. 8.
Footnote 656:
Complete figures are as follows: See page 375.
Footnote 657:
For this drawing and the next I am indebted to Col. Melville.
Footnote 658:
From C. H. Melville, “_The History and Epidemiology of Syphilis in the
more Important Armies_,” in _A System of Syphilis_ by D’Arcy Power and
J. K. Murphy (London, 1910) Vol. VI, pp. 96–98 (abridged).
Footnote 659:
This is not included in Figure I. It is shown, however, on
“Kurventafel A” along with all other foreign and American armies and
navies in Josef Urbach’s _Die Geschlechtskrankheiten und ihre
Verhütung im k. und k. Heere_, etc. (Wien und Leipzig, 1912) p. 13.
Footnote 660:
_Reglementeringen i Stockholm_, pp. 130–2.
Footnote 661:
The main authority consulted in the above discussion is: Otto von
Schjerning, _Sanitätsstatistische Betrachtungen über Volk und Heer_
(Berlin, 1910) pp. 59–67. A general discussion of conditions in
European Armies is given by Col. Melville, _loc. cit._, pp. 58–72.
Urbach’s book, above referred to, gives the most recent and complete
account of the Austrian-Hungarian army and navy with frequent
references to other nations. None of these authorities are
particularly interested in the question of regulation versus
abolition, so that the facts are stated by them without reference to
their bearing on this controversy. M. Augagneur (_loc. cit._)
discusses army statistics with close reference to our topic.
Footnote 662:
Dr. Yngvar Ustvedt, Sundhetsinspector, _Beretning om de veneriske
sygdomme i Kristiania_, 1911 (1912) pp. 6, 7.
Footnote 663:
They are taken from the report mentioned in the next note.
Footnote 664:
_Aarsberetning angaaende Sundhedstilstandet i København_ for 1910.
(Copenhagen, 1911) p. 36. The figures for 1911 above given were
contributed by Stadslæge Dr. E. M. Hoff.
Footnote 665:
_Ibid._, p. 37.
Footnote 666:
From “Om luesoverfrelse,” (_Tidsskrift for den Norske laegeforening._
Nr. 5 of 6, 1912).
Footnote 667:
The above comparison is partly based on Dr. Krefting’s dissertation
above cited, and on a manuscript essay in French, unpublished as yet
at the time of my visit to Christiania, which Dr. Krefting courteously
placed at my disposal.
Footnote 668:
I have throughout this volume refrained from attaching much importance
to mere opinions as to the results of experience with either of the
policies in question. It is indeed amazing to observe what definite
convictions are based on brief or one-sided experience or on hearsay
evidence, and this is true of abolitionists and regulationists alike.
Though opinion is thus of little weight, a change of opinion forced by
the failure of prophesied ill results to materialize may be not
without significance; and of such change there is abundant evidence in
both Christiania and Copenhagen. In the former, as late as 1898, a
discussion in the Norwegian Medical Society (reported in _Prostitution
i Kristiania_, 1899) showed the existence of regulationists in the
medical profession. Their views were vigorously combated by City
Physician Bentzen and others who proved that regulated Norwegian towns
were liable to precisely the same fluctuations that followed abolition
at Christiania (pp. 36–38). By the time of my visit (fourteen years
later) the voice of the regulationists—so I was everywhere assured—had
practically become silent—a change of attitude hardly open to
misconstruction. In Copenhagen the issue is more recent and more
controversial; but the trend of opinion appears to be in the same
direction. I was assured that it would be practically impossible to
find a physician who desired a return to the old system; Professor
Ehlers, a distinguished specialist, declared, “There is absolutely no
professional sentiment any longer in favor of regulation; the
situation is probably better and most certainly no worse”; another
physician stated: “Nothing has been lost, even if it is not yet easy
to prove what has been gained”; Dr. Hoff, the Health Officer, assured
me that regulation sentiment had entirely died out among the medical
profession. But the best proof is after all the steady encroachment of
abolition: Copenhagen would not have imitated Christiania had
abolition aggravated conditions there; now Stockholm is about to
follow suit: does not this indicate a growing and spreading disbelief
in the efficacy of regulation and a growing confidence in the
advantages of abolition?
Footnote 669:
E. g., the Boer War, which undoubtedly accounts for the rise in the
English army curve 1900–1903. See Figure II, p. 370.
Footnote 670:
In Germany, slot-machines were at one time set up in barracks and on
board warships from which for a small coin protective remedies could
be procured, but popular objection has forced their removal on the
ground that their presence suggested debauch and deceived soldiers and
sailors. But the remedies are still easily procurable; of their value,
there is grave doubt. See Melville, _loc. cit._, pp. 91–95; von
Schjerning, _loc. cit._, pp. 66, 67.
Footnote 671:
The Society was founded by Dr. Blaschko, and publishes the valuable
journal which I have freely cited.
Footnote 672:
Translation of the most recent Règlement dated October, 1878.
Footnote 673:
The Cour de Cassation has rendered several decisions (June 30, 1838;
July 14, 1838; March 30, 1839) to the effect that the procès-verbaux
and reports of the inspectors of police are not in themselves
sufficient, in the absence of additional proof, to establish the fact
that the infractions have occurred. The same is true of a
procès-verbal drawn up by a Commissaire of police, from the report of
an inspector of police, unless the former has verified the facts
himself.
But these legal decisions do not deprive police officers of the right
to ascertain infractions; however, their reports must be confirmed
either by the admission of the delinquents that the facts are as
stated, or by such methods as the tribunal may consider it proper to
order.
Footnote 674:
Translation of the most recent regulations, dated Dec. 7, 1911.
Footnote 675:
Translation of most recent regulations, dated September 1, 1909.
Footnote 676:
Translation of most recent regulations, dated June 1, 1911.
Footnote 677:
_Landes-Gesetz und Regierungs-Blatt_, No. 39.
Footnote 678:
_Reichs-Gesetz-Blatt_, No. 89.
Footnote 679:
_Bezirks-Polizeikommissariaten._
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