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REPORT 


COMMISSIONERS  APPOINTED 


TO    ENQUIRE    INTO    THE 


Prison  and  Reformatory  System 


OF   ONTARIO 


1891. 


PRINTED  BY  ORDER  OF   THE  LEGISLATIVE   ASSEMBLY. 


TORONTO  : 
PRINTED    BY    WARWICK   &   SONS,    68    AND   70    FRONT    STREET    WEST 

1891. 


ER!I' 

IDALE 

COL 

LEGE 

LIB 

RARY 

,", .   ,. „         ( 

1 


Toronto,  8th  April,  1891. 

Sir, — I  have  the  honour  to  transmit  herewith,  for  presentation  to  His 
Honour  the  Lieutenant-Governor,  the  Report  of  the  Commissioners  appointed 
to  collect  information  regarding  Prisons,  Houses  of  Correction,  Reformatories 
Industrial  Schools  etc,  with  a  view  of  ascertaining  any  practical  improvements 
which  may  be  made  in  the  methods  of  dealing  with  the  criminal  classes  so  far  as 
the  subject  is  within  the  jurisdiction  of  the  Provincial  Legislature  and  Govern- 
ment. 

I  have  the  honour  to  be, 
Sir, 
Your  most  obedient  servant, 

J.  W.  LANGMUIR. 
The  Honourable,  Chairman. 

J.  M.  Gibson,  Q.C,  M.P.P., 

Secretaiy  for  the  Province  of  Ontario. 


IREieOiR-T 


OF   THE 


COMMISSIONERS  APPOINTED  TO  ENQUIRE 


INTO   THE 


PRISON   AND    REFORMATORY   SYSTEM 


OF   THE 


PROVINCE  OF  ONTARIO. 


Toronto,  8th  April,  1891. 

To  the  Honourable 

Sir  Alexander  Campbell,  K.C.M.G., 

Lieutenant-Governor  of  the  Province  of  Ontario. 

May  it  please  your-  Honour: 

The  undersigned,  appointed  by  Commission  under  the  Great  Seal  of  the 
Province,  bearing  date  the  Third  day  of  July,  A.D.  1890,  "  to  collect  information 
regarding  Prisons,  Houses  of  Correction,  Reformatories  and  the  like,  with  a  view 
of  ascertaining  any  practical  improvements  which  may  be  made  in  the  methods 
of  dealing  with  the  criminal  classes  in  the  Province,  so  far  as  the  subject  is  within 
the  jurisdiction  of  the  Provincial  Legislature  and  Government,  beg  leave  herewith 
to  submit  their  report. 

The  Commission  further  direct  that  "  The  investigation  of  the  subject 
shall  include  the  following  particulars  : — 

(1)  "  The  causes  of  crime  in  the  Province. 

(2)  "  Any  improved  means  which  may  be  adopted  in  the  Province  for  pro- 

viding and  conducting  Industrial  Schools. 

(3)  "  Any   improved  means   which   may  be  adopted    in    the    Province    for 

rescuing  destitute  children  from  a  criminal  career. 

(4)  "  Any  improvement  in  the   management  of  the  County  Gaols  of  the 

Province  and  with  respect  to  the  classification  of  prisoners  therein. 

(5)  '■'  The  most  fitting  practical  employment  of  prisoners  in  the  Province. 

(6)  "  The  question  of  indeterminate  sentences  for  offenders  against  Provincial 

laws,  and 

(7)  "  Any  improved  way  of  dealing  with  tramps  and  habitual  drunkards  in 

the  Province." 


The  powers  necessary  for  the  proper  discharge  of  the  duties  thus  imposed 
upon  the  Commissioners  were  given  by  the  same  instrument,  and  they  were 
required — 

'■  Forthwith  after  the  conclusion  of  such  enquiry  to  make  full  report  to  the 
Lieutenant-Governor  touching  the  matters  concerning  which  the  said  enquiry  is 
to  be  made  together  with  a  report  of  all  or  any  of  the  evidence  taken  by  the 
Commissioners  respecting  the  same." 

The  Commissioners  having  met  to  take  into  consideration  the  best  means  of 
discharging  satisfactorily  the  important  duties  imposed  upon  them,  the  Chairman 
stated  that,  having  regard  to  the  fact  that  the  conduct  of  the  enquiry  not  only 
involved  the  expenditure  of  money  in  the  visitation  of  institutions,  but  neces- 
sitated the  preparation  of  statistics  by  certain  officials,  he  had  submitted  to 
the  Honourable  the  Attorney  -General  an  outline  of  the  system  on  which  the  Com- 
missioners proposed  to  proceed.  The  expenditures  for  the  purpose  as  well  as 
the  system  proposed   received  the  approval  of  the  Attorney-General. 

This  authority  having  been  obtained  and  such  statistical  information  as 
was  immediately  necessary,  notice  was  given  through  the  press  that  the  Com- 
mission would  hold  sessions  in  the  cities  of  Toronto,  Hamilton,  Kingston,  Ottawa 
and  London  and  all  persons  interested  in  the  matters  into  which  inquiry  was  to 
be  made  were  invited  to  attend  at  the  time  and  places  named  and  state  their  views. 
Sheriffs,  gaolers  and  other  officials  were  notified  to  be  present  at  the 
sessions  held  in  their  districts  and  give  evidence. 

It  was  arranged  that  having  visited  Ottawa  the  Commissioners  should  pro- 
ceed to  the  State  of  Massachusetts  and  afterwards  to  the  State  of  New  York  to 
observe  the  working  of  the  penal  and  reformatory  systems  which  obtain  in  those 
States,  and  to  gather  all  the  information  which  they  deemed  useful  for  the 
purposes  of  their  enquiry  ;  and  that  having  visited  London  they  should  proceed 
to  the  States  of  Michigan  and  Ohio,  and  visit  the  best  and  most  successful  of  the 
penal  and  reformatory  institutions  of  those  States,  and  ascertain  as  far  as  possible 
the  special  merits  of  their  respective  sj'stems. 

It  was  further  arranged  that  they  should  obtain  the  evidence  of  a  number  of 
eminent  specialists  who  have  devoted  much  of  their  lives  to  the  study  of  prison 
management  as  a  science. 

It  was  decided  that  copies  of  the  reports  of  the  best  known  institutions  in  the 
United  States  should  be  procured  ;  also  such  information  respecting  the  manage- 
ment of  the  principal  penal  establishments  in  Great  Britain  and  Ireland,  and  in 
other  European  countries  as  could  be  obtained,  and  copies  of  the  "  transactions  " 
or  reports  of  proceedings  of  the  several  congresses  held  in  Europe  and  in  the 
United  States  of  late  years  to  consider  the  subject  of  prison  reform. 

It  was  considered  that  when  the  Commissioners  had  thus  by  personal 
observation  and  from  the  evidence  of  witnesses  of  experience  ascertained  the 
general  working  and  results  of  the  Prison  and  Reformatory  system  of  Ontario, 
and  had  obtained  such  information  respecting  the  most  advanced  systems  of  the 
United  States  and  those  which  obtain  in  Great  .Britain  and  Ireland  and 
other  countries  of  Europe  as  would  enable  them  to  institute  a  proper  compari- 
son of  all  those  systems  and  their  results,  they  would  be  in  a  position  to  consider 
intelligently  the  subjects  upon  which  they  were  required  to  report. 

In  order  that  the  evidence  might  be  taken  in  a  systematic  way,  it  was  decided 
that  the  Chairman  should  prepare  a  series  of  questions  to  be  put  to  such 
witnesses  as  might  appear  before  the  Commission. 


The  following  questions  were  subsequently  submitted  and  approved  of  as  a 
basis  of  enquiry  to  be  enlarged  as  circumstances  required,  and  they  are  now  in- 
corporated in  the  report  in  order  that  the  nature  and  scope  of  the  enquiry  may 
be  shown  to  some  extent. 

Questions  to  be  put  to  Gaolers. 

(1)  When  were  you  appointed  gaoler  ? 

(2)  What  was  your  occupation  before  you  were  appointed  ? 

(3)  How  many  separate  and  distinct  corridors  are  there  in  your  gaol  ? 

(4)  How  many  airing  and  exercise  yards  ? 

(5)  How  many  cells  in  your  gaol  ? 

(6)  How  many  cells  in  each  corridor  respectively  ? 

(7)  Are  certain  corridors  used  exclusively  for  the  confinement  of  certain 
classes  of  prisoners  ? 

(8)  Have  you  a  separate  yard  for  each  class  of  prisoners  ?  If  not,  for  what 
classes  respectively  ? 

(9)  What  was  the  lowest  number  of  prisoners  in  your  gaol  at  any  one  time 
in  1889  ? 

(10)  What  was  the  highest  number  in  the  same  year  ? 

(11)  What  was  the  daily  average  ? 

(12)  What  number  had  you  under  confinement  on  September  30th,  1889  ? 

(13)  Of  that  number  how  many  were  males  ?  how  many  females  ? 

(14)  How  many  under  sixteen  years— males  and  females  ? 

(15)  How  many  were  awaiting  trial — males  and  females  ? 

(16)  How  many  were  under  sentence — males  and  females  ? 

(17)  How  many  were  lunatics — males  and  females  ? 

(18)  How  many  were  detained  for  other  causes — males  and  females  ? 

(19)  Were  each  of  these  classes  in  a  separate  and  distinct  corridor  ? 

(20)  Did  they  mix  together  in  the  yards  ? 

(21)  From  your  experience  and  observation  are  you  of  the  belief  that  the 
spread  of  vice  and  crime  is  due  largely,  or  only  to  a  limited  extent,  to  the  defective 
classification  and  corrupting  infiuences  of  our  common  gaols  ? 

(22)  Is  it  possible  under  existing  conditions  to  make  a  perfect  or  only  a 
partial  separation  and  classification  of  the  prisoners  in  your  gaol  ?  e.  g. 

(23)  Are  youths  of  both  sexes  under  the  age  of  sixteen  kept  entirely  separate 
from  the  adults  ?     If  not,  what  are  the  exceptions  ? 

(24)  Can  you  make  a  complete  separation  of  those  awaiting  trial  from  those 
undergoing  sentence  and  of  the  civil  prisoners  from  the  criminal  whether 
sentenced  or  not  ? 

(25)  How  many  vagrants  and  tramps  passed  through  your  gaol  in  1889  ? 

(26)  How  many  lunatics  were  committed,  and  of  such  how  many  were 
afflicted  with  mild  unsoundness  of  mind  or  harmless  imbecility  although  com- 
mitted as  lunatics  ? 

(27)  Since  the  establishment  of  the  Central  Prison  and  the  Mercer  Reforma- 
tory and  the  transfer  of  prisoners  to  those  institutions  have  you  been  able  to 
make  a  better  classification  of  the  prisoners  ? 

(28)  What  have  been  the  results  of  such  improved  classification  ? 

Questions  to  Sheriffs,  Gaol  Surgeons  and  Gaolers. 

(29)  Would  the  establishment  of  a  poor  house  or  of  a  poor  house  and  work 
house  combined,  in  each  county,  or  group  of  counties  and  the  removal  thereto 


of  homeless  persons,  imbeciles,  tramps,  paupers  and  habitual  drunkards  and  the 
removal  of  all  sentenced  prisoners  to  Industrial  or  Central  Prisons  and  Reform- 
atories enable  you  to  make  a  very  marked  improvement  in  the  classification  of 
the  remaining  prisoners  as  well  as  the  in  discipline  of  your  oraol  ? 

(30)  If  the  sentenced  prisoners  were  removed  to  central  prisons  or  to 
reformatories  and  the  harmless  insane,  tramps  and  vagrants  to  poor  houses 
or  work  houses,  could  your  common  gaol  with  partial  reconstruction,  be 
carried  on  strictly  on  the  cellular  or  separate  system  in  respect  of  the 
remaining  prisoners  charged  with  offences  and   awaiting  trial  ( 

(31)  From  your  observation  of,  and  experience  with  the  criminal  classes 
would  the  adoption  of  such  a  sj^stem  as  is  described  in  the  following  resolutions 
passed  by  the  Prisoners'  Aid  Association  render  a  proper  classification  of 
prisoners  in  your  gaol  less  difficult,  viz.: 

Clause  1.  County  gaols  should  be  maintained  only  as  places  of  detention 
for  persons  charged  with  offences  and  awaiting  trial,  and  should 
not  be  used  for  prisoners  after  trial  and  conviction. 

Clause  2.  County  gaols  should  be  conducted  strictly  on  the  separate  or 
cellular  system. 

Clause  3.  Persons  convicted  of  crime  should  not  be  detained  in  county 
gaols,  but  should  be  dealt  with  according  to  the  age  and  natural 
proclivities  of  the  criminal. 

Secular  and  Religious  Ixstructiox. 

(32)  What  religious  instruction  is  imparted  to  prisoners  in  your  gaol,  and  by 
whom  is  it  imparted  ? 

(33)  What  secular  instruction  if  any  is  given  ? 

(34)  Have  you  a  librar}'-  for  the  use  of  the  prisoners  ?  If  so,  how  many 
volumes  does  it  contain  ? 

(85)  What  is  the  result  of  such  instruction  ? 

Occupation  and  Employment. 

(36)  Are  the  sentenced  prisoners  employed  in  an\^  kind  of  labour  or  work 
in  your  gaol  ? 

(a)  What  work  is  done  by  the  men  ? 
(&)   What  by  the  women  ? 

(37)  How  many  men  were  transferred  fi'ora  your  gaol  to  the  Central  Prison  in 
1889  ? 

(38)  How  many  women  were  transferred  to  the  Alei'cer  Reformatory  ? 

(39)  Of  the  sentenced  prisoners  who  were  not  transferred  to  those  institu- 
tions what  proportion  were  in  your  opinion  physically  fit  for  industrial 
employment  or  hard  work  ? 

Drunkards  in  Common  Gaols. 

(40)  How  many  persons  were  committed  to  your  gaol  during  the  year  1889 
for  drunkenness  or  for  drunkenness  and  disorderly  conduct  ? 

(41)  What  proportion  of  this  class  were  sentenced  to  gaol  three  or  more 
times  ? 

(42)  What  proportion  of  those  committed  were  habitual  or  confirmed 
drunkards  ? 


(43)  Has  confinement  in  gaol  under  existing  circumstances  a  deterrent  or 
reforming  effect  on  drunkards  ? 

(44)  Have  you  observed  the  effect  of  confinement  in  the  Central  Prison  and 
the  Mercer  Reformatory  on  such  prisoners  ? 

(45)  As  a  rule  are  confirmed  drunkards  supporters  of  families  ;  or  are  they 
rather  a  charge  on  their  families  ? 

(46)  Could,  in  your  opinion,  a  considerable  number  of  drunkards  be  reclaimed 
by  another  course  of  treatment  than  commitment  to  common  gaols  ? 

(47)  Do  you  think  that  confinement  in  an  inebriate  asylum  or  some  other 
institution  founded  for  that  purpose  for  periods  up  to  two  years  Avould  reclaim 
any  considerable  number  of  gaol  drunkards  ? 

(48)  Would  you  recommend  confinement  in  the  Central  Pristm  for  periods 
up  to  two  years  as  a  means  of  reclaiming  those  who  have  been  proved  habitual 
drunkards  by  their  having  been  convicted  of  drunkenness  and  disorderly  conduct 
more  than  three  times  ? 

Industrial  Schools  and  Eeformatoeies. 

(49)  State  the  number  of  youths  that  have  been  committed  to  your  gaol 
during  1889,  and  the  number  that  have  been  sent  from  your  gaol  during  that 
year  to 

The  Penetanguishene  Reformatory  for  Boj's,  and 
The  Mercer  Reformatory  for  Girls. 

(50)  Have  you  observed  the  effect  of  such  confinement  in  those  institutions 
upon  the  youths  sent  to  them  ? 

(51)  Do  you  know  of  any  cases  in  which  youths  discharged  from  either 
of  those  reformatories  have  been  subsequentlj^  committed  to  gaols  I 

(52)  Do  you  think  that  there  is  need  in  the  Province  for  other  institutions 
for  young  persons  showing  a  tendency  to  crime  from  destitution,  vicious  dis- 
positions, evil  influences,  parental  neglect,  or  other  causes  ?  If  so,  what  kind  of 
institutions  would  you  recommend  ? 

(53)  If  you  would  recommend  Industrial  Schools,  is  it  your  opinion  that  there 
should  be  one  for  each  city  or  county  town  with  the  county  attached,  or  one  for 
a  number  of  counties  grouped  together  ? 

(54)  Give  your  views  of  the  following  recommendations  in  the  Prisoners' 
Aid  Association  report : — 

Clause  4.  A  boy  under  fourteen  years  of  age  not  previousl}*  vicious  should 
be  restored  to  his  parents  upon  their  giving  a  guarantee  of  his  good  conduct. 
Failing  this,  he  should  be  sent  to  an  Industrial  School. 

Clause  5.  A  boy  under  sixteen  years  of  age,  having  a  natural  tendency 
towards  crime,  or  being  convicted  of  a  second  offence,  should  be  sent  either  to  a 
reformatory  direct  or  to  an  industrial  school  on  trial,  according  to  circumstances; 
but  a  special  court  should  be  organized  to  deal  with  such  cases,  as  well  as  with 
females  charged  with  light  offences.  A  boy  should  never  be  brought  to  open 
police  court,  nor  be  sent  to  a  county  gaol. 

Clause  6.  Industrial  schools  and  reformatories  should  not  be  considered  as 
places  for  punishment,  but  should  be  utilized  wholly  for  the  reformation  of  char- 
acter. The  young  persons  sent  to  the  institutions  should  not  be  committed  for 
any  definite  period,  but  they  should  be  detained  until  reformation  is  attained 
irrespective  of  the  time  required.  The  officials  of  those  institutions  should  be 
carefully  selected,  preferably  by  a  system  of  examination  and  promotion,  and 
without  reference  to  party  or  social  influence. 


10 


(55)  From  your  observation  and  study  of  the  character  and  habits  of  vicious 
and  criminal  youths  which  system  of  treatment  do  you  think  best  calculated  to 
accomplish  the  objects  sought  ? 

(a)  The    industrial    school,    on    the  congregate   system,  under   which  from 

50  to  150  youths  are  brought  together  in  one  establishment  under  the 
most  careful  supervision  possible  ;  or, 

(b)  A  nearer  approach  to  the  household  system,  under  which  selected  youths 

not  exceeding  ten  in  number  would    be    placed    under   one    roof   and 
the  family  relation  be  maintained  to  the  fullest  extent  possible  ;  or, 

(c)  The  placing  of  one  or  two  youths  in  a  family  specially  selected   for  the 

purpose  under  the  supervision  of  visitors. 

(56)  Do  3^ou  consider  that  the  congregate  or  the  household  system,  thus 
defined,  could  be  effectively  carried  out  in  this  Province  under  the  care  and  super- 
vision of  the  municipal  authorities  ? 

(57)  If  not  under  municinal  control,  in  what  other  way  could  either  of  these 
systems  be  satisfactorily  carried  out  ? 

(58)  What  plan  would  you  suggest  for  placing  and  apprenticing  youths  after 
they  had  passed  their  course  in  an  industrial  school  or  reformatory  ? 


Causes  of  Crime. 
What,  in  your  opinion,  are  the  chief  causes  of  vice  and  crime  in  the  Province  ? 


The  following  questions  to  be  put  to  the  managers  of  penal  and  charitable 
institutions  in  the  United  States  and  other  officials  and  specialists,  were  prepared 
by  the  Chairman  and  adopted  by  the  Commissioners  : — 

1.  Should  a  prison,  in  jouv  opinion,  be  self-supporting  ? 

2.  Do  you  regard  labour  as  an  important  element  in  a  prison  system  ?  If  so, 
what  are  your  reasons  therefor  ? 

3.  What  laws  regarding  prison  labour  are  on  your  statute  book  in  this  state  ? 

4.  What,  in  your  opinion,  is  the  most  fitting  employment  for  prisoners  sen- 
tenced to  penitentiaries  or  State  prisons  ? 

5.  What  S3^stem  of  labor  have  you  adopted  in  the  State  penitentiary  ?  How 
long  has  it  been  in  operation  ?  an<l  what  have  been  the  results  financially,  and 
from  a  reformatory  standpoint  ? 

6.  Has  the  prison  labour  controversy  affected  your  legislation  in  respect  to  the 
methods  of  employing  pi-isoners  ?     If  so,  how,  and  to  what  extent  ? 

7.  Are  you  opposed  to  the  contract  system  ?     If  so,  why  ? 

8.  What  is  your  ideal  sj^stem  of  employing  prisoners  in  penitentiaries  or 
State  prisons  ? 

9.  Would  you,  under  certain  circumstances,  favor  a  S3^stem  partly  contract  and 
partly  piece-work  ? 

10.  Have  you  any  provision  of  law  or  any  practice,  whereby  a  prisoner  is 
entitled  to  a  portion  of  the  sales'  value  of  the  product  of  his  labour  ?  If  so,  what 
have  been  the  results  of  that  system  ? 

11.  What  is  the  percentage  in  value  of  prison  made  products  (a)  as  com- 
pared with  the  total  value  of  similar  products  of  free  labour  ?  (b)  as  compared 
with  the  value  of  all  the  manufactured  products  of  free  labour  in  the  State  ? 


11 


Common  Gaols. 

12.  Are  your  district  or  common  gaols  under  the  control  or  direction  of  the 
State  or  of  the  counties  ? 

13.  If  under  the  control  of  the  counties  would  they,  in  your  opinion,  be  im- 
proved in  general  management  and  discipline  by  placing  complete  control  in  the 
State  ? 

14.  Have  you  the  means  of  employing  prisoners  in  your  district  or  common 
gaols  ^     In  your  houses  of  correction  ? 

15.  Have  you  any  gaols  in  your  State  used  exclusively  for  the  confinement 
of  prisoners  awaiting  trial  ? 

16.  Have  you  any  prisons  in  your  State  in  which  prisoners  are  confined  on 
the  strictly  separate  or  cellular  system  ?  If  so,  to  what  class  or  classes  of  prisoners 
is  that  system  applied  ? 

17.  Are  you  of  the  opinion  that  the  cellular  or  separate  system  would  prove 
effective  in  the  reformation  of  prisoners  ?  or,  failing  that,  would  it  have  a  deter- 
rent effect  with  regard  to  the  commission  of  crime  ? 

Indeterminate  Sentences 

18.  Please  define  what  is   termed  an  indeterminate  sentence  ? 

19.  To  what  class  of  prisoners  are  such  sentences  deemed  applicable  ? 

20.  Have  you  legislation  providing  for  such  sentences  in  your  State  ? 

21.  Could  the  system,  in  your  opinion,  be  applied  in  a  prison  for  male 
adults  in  which  the  prisoners  are  confined  for  periods  varying  from  one 
month  to  not  exceeding  two  years,  for  offences  of  greater  or  less  gravity,  many  of 
the  prisoners  being  regarded  as  incorrigible  offenders  ? 

22.  Could  the  system  be  advantageously  applied  in  the  cases  of  youths  under 
the  age  of  fourteen  years  sentenced  to  a  reformatory  ? 

23.  Could  the  ^  system  be  applied  with  advantage  indiscriminately  ^  to 
all  prisoners  sentenced  to  confinement  in  a  penitentiary  for  periods  varying 
from  two  years  to  life,  irrespective  of  the  off'ences  committed  ?  or,  is  it  indispensable 
to  the  successful  carrying  out  of  the  system  that  a  selection  of  prisoners  should 
be  made,  having  regard  to  age,  to  the  nature  of  the  offences  for  which  each  had 
been  convicted ;  to  the  number  of  previous  convictions  in  the  case  of  each,  and 
the  probable  susceptibility  of  each  to  reformatory  inffuences  ? 

24.  Would  the  system,  in  your  opinion,  tend  to  produce  merely  good  prison 
conduct  as  a  means  of  shortening  sentences,  without  producing  thorough  moral 
reformation  ? 

25.  Would  a  system  of  probational  discharge  or  parole,  with  power  to  re-com- 
mit summarily  if  the  paroled  prisoner  relapsed  into  criminal  practices,  render  the 
system  of  indeterminate  sentences  more  effectual  as  a  means  of  reformation  ? 

Industrial  Schools  and  Reformatories. 

26.  What  is  your  system  of  dealing  with  youths  who  from  vicious 
surroundings,  neglect,  or  evil  influences  of  any  sort,  are  drifting  or  being  forced 
into  a  criminal  career  ? 

27.  What,  in  your  opinion,  are  the  chief  causes  of  children  becoming  vicious 
and  criminal  ^ 

28.  Do  you  think  there  is  need  for  other  institutions  than  reformatories  for 


12 


youths  having  a  tendency  to  viciousness  or  in  danger  of  falling  into  crime,  from 
destitution,  neglect,  vicious  propensities,  or  other  causes  ?  If  so,  what  kind  of 
institutions  would  you  recommend  ? 

29.  What  is  your  opinion  of  the  recommendations  made  in  the  report  of  the 
Ontario  Prisoners'  Aid  Association,  clauses  4,  o,  6  ? 

30.  From  j^our  observation  and  study  of  the  character  and  habits  of  vicious 
and  criminal  youths,  which  system  of  treatment  do  you  think  best  calculated  to 
accomplish  the  objects  sought,  viz  : — 

(a)  The  industrial  school,  on  the  congregate  system,  under  which  from  50  to 

100  youths  are  brought  together  in  one  establishment  under  the  most 
careful  supervision  possible,  or 

(b)  A  nearer  approach  to  the  household  system,  under  which  selected  youths 

not  exceeding  ten  in  number  would  be  placed  under  one  roof,  and  the 
family  relation  maintained  to  the  fullest  extent  possible  ?    or, 

(c)  The  placing  of  one  or  two  youths  in  a  family  specially  selected  for  the 

purpose  under  the  supervision  of  visitors  ? 

31.  Do  you  consider  that  the  congregate  or  the  household  system  thus 
defined,  could  be  effectively  carried  out  under  the  care  and  supervision  of  the 
municipal  authorities  ? 

32.  If  not  under  municipal  management,  in  what  other  way  would  either  of 
these  systems  be  successfully  carried  out  ? 

38.  What  plan  would  you  suggest  for  placing  youths  after  completing  their 
course  in  the  industrial  school  or  reformatory  ? 

General  Subjects. 

34.  What,  in  3'our  opinion,  are  the  chief  causes  of  crime  in  your  State  ? 

35.  What  is  your  sj'-stem  of  dealing  with  those  who  are  habitually  drunk  and 
disorderly,  and  are  frequently  committed  to  gaol  ? 

36.  Have  you  any  inebriate  asyslums  in  your  State  ?  If  so,  for  what  classes 
are  they  used  and  with  what  results  ? 

37.  Has  any  plan  been  adopted  in  your  State  for  the  treatment,  with  a  vieM^ 
to  reformation,  of  drunkards  who  cannot  afford  to  pay  for  treatment  in  private 
inebriate  asylums  ?  or,  of  those  who  have  been  frequently  committed  to  gaol  for 
drunkenness  ? 

38.  What  system  have  you  of  dealing  with  tramps  and  vagrants  ?  What  have 
been  the  results  of  your  method  ? 

Visits  to  Institutions — Taking  of  Evidence. 

The  Commissioners  held  their  first  sessions  at  the  Court  House,  in  the  city 
of  Hamilton,  on  the  9th  of  July  and  the  two  following  days.  The  sheriffs  and 
gaolers  of  the  counties  of  Wentworth,  Welland,  Lincoln,  Haldimand,  Norfolk  and 
Brant,  the  surgeon  of  the  Hamilton  gaol,  and  the  chief  of  police  of  the  city  of 
Hamilton  having  been  duly  notified,  attended  and  gave  evidence. 

Rev.  Thomas  Geohegan,  rector  of  St.  Matthew's  church,  Hamilton,  Mr.  Joseph 
R.  Mead,  member  of  the  Prison  Committee  of  the  diocese  of  Niagara,  Mrs.  E.  H. 
Bradley,  of  London,  England,  Rev.  J.  S.  Ross,  D.D.,  Centenary  Methodist  church. 
Hamilton,  and  Mr.  J.  A.  Stoddard,  also  appeared  and  gave  evidence.  Mr.  Crerar, 
Crown  Attorney  for  the  County  of  Wentworth,  submitted  a  paper  regarding  the 
transfer  to  the  Central  Prison  of  persons  sentenced  to  confinement  in  the  common 
gaols,  and  regarding  the  imposition  of  long-term  sentences  b}^  police  magistrates. 


18 


The  Commissioners  inspected  the  Wentworth  county  gaol  and  the  Hamilton 
city  police  station  and  lock-up.  Dr.  Rosebrngh  went  to  Brantford  to  inspect  the 
county  gaol  there. 

On  July  loth  the  Commissioners  proceeded  to  Kingston,  and  immediately 
after  their  arrival  visited  and  inspected  the  penitentiary.  They  afterwards  took 
the  evidence  of  the  Warden. 

On  July  16th  and  17th  they  satin  the  Court  Mouse,  in  the  city  of  Kingston. 
The  .sheriffs  and  gaolers  of  the  counties  of  Fi-ontenac,  Hastings,  Prince  Edward, 
and  Lennox  and  Addington,  attended  and  gave  evidence.  Mrs.  Chown,  President 
of  the  Women's  Christian  Association,  Miss  A.  H.  Chesnut,  Bible  woman,  and 
Rev.  Mr.  Cartwright,  Chaplain  of  the  penitentiary,  also  gave  evidence. 

The  Commissioners  visited  and  careiuUy  inspected  the  county  gaol  and  the 
city  police  station  and  lock-up.  At  the  police  station  they  took  the  evidence  of 
the  chief  of  the  Kingston  police. 

On  the  afternoon  of  the  17th  the  Commissioners  proceeded  to  Ottawa.  Dur- 
ing the  forenoon  of  the  ISth  they  visited  the  Ottawa  gaol.  They  afterwards  took 
evidence  at  the  Court  House.  The  sheriffs  and  gaolers  of  Carleton,  Prescott  and 
Russell,  and  Leeds  and  Grenville,  the  acting  sheriff  and  gaoler  of  Renfrew,  and 
the  gaoler  of  Stormont,  Dundas  and  Glengarry,  who  had  been  all  duly  summoned, 
attended  and  were  examined.  Mr.  J.  G.  Moylan,  Inspector  of  Penitentiaries,  and 
Rev.  eT.  W.  Bogart,  of  St.  Alban's  Episcopal  church,  Ottawa,  also  gave  evidence. 
The  police  station  was  inspected,  and  the  Chief  of  Police  was  examined. 

The  Commissioners  having  completed  their  enquiry  in  Ottawa  immedi- 
ately proceeded  to  Boston,  Mass.  They  arrived  in  the  latter  city  on 
Monday  afternoon,  and  at  once  made  arrangements  to  secure  interviews  with  the 
managers  and  other  officers  of  the  penal  and  charitable  institutions  of  the  State. 
On  Tuesday  forenoon  Mr.  Frederick  G.  Pettigrove,  secretary  of  the  com- 
missioners of  prisons  and  charities  of  the  State  of  Massachussetts,  called  on 
your  Commissioners  and  commenced  a  ver}'  full  explanation  of  the  penal  and 
reformatory  systems  now  in  operation  in  that  State.  This  explanation  he 
completed  at  a  subsequent  session.  In  the  afternoon  the  Commis.sioners  pro- 
ceeded to  Concord,  Mass.,  to  see  the  State  reformatory  and  make  enquiry  into  its 
working.  They  were  courteously  received  by  the  superintendent.  Col.  Gardiner 
Tufts,  who  showed  them  through  the  institution  and  explained  very  fully  the 
principles  on  which  it  is  managed  and  all  the  means  employed  for  the  reformation 
of  the  criminals.  On  their  return  to  Boston  they  again  met  Mr.  Pettigrove,  who 
completed  his  explanation  of  the  State  system  and  gave  evidence  as  to  the  best 
manner  of  dealing  with  children  in  danger  of  becoming  criminals  ;  with  juvenile 
offenders  and  with  habitual  drunkards. 

On  Wednesday,  July  23rd,  the  Commissioners  went  by  the  early  morning 
train  to  Monson,  to  visit  the  State  primary  school.  On  their  return  to  Boston 
they  met  at  the  State  House,  by  appointment.  Miss  Putnam,  who  has  devoted 
much  of  her  life  to  the  work  of  saving  children,  and  obtained  her  views  as  to  the 
best  mode  of  rescuing  children  who  are  in  danger,  and  of  raising  the  fallen,  and  as 
to  the  working  of  the  jMassachusetts  system. 

On  Thursday  morning  the  Commissioners  went  to  Westborough  to  visit  the 
State  reformatory  for  boys,  sometimes  called  the  Lyman  school.  The  system  on 
which  the  school  is  conducted,  its  working  and  its  results  were  explained  by  the 
superintendent,  Mr.  Theolore  Chaplin  and  by  Miss  Putnam.  The  Commissioners 
returned  to  Boston  early  in  the  afternoon.  Mr.  Langmuir,  attended  by  the 
stenographer,  went  to  the  State  House  to  take  the  evidence  of  Mr.  Wrightington, 
Secretary  of  the  Board  of  State  Charities,  who  has  had  large  experience  in  the 
treatment  of  juvenile  offenders,  and  Messrs.  Drury,  Rosebrugh  and  Anglin  visited 


14^ 


the  State  prison  at  Charleston  and  the  gaol  and  the  house  of  correction  of  the 
county  of  Middlesex  at  Cambridge.  Full  explanation  of  the  system  followed 
in  the  State  prison  was  given  by  the  warden,  Col.  Russell,  who  also  gave  his 
views  on  the  question  of  prison  labour  and  as  to  causes  of  crime.  The  officer  in 
charge  of  the  Cambridge  house  of  correction  also  furnished  valuable  information. 

On  Thursday  night  the  Commissioners,  except  Dr.  Rosebrugh,  left  Boston 
for  New  York  city.  On  Friday  morning,  having  obtained  the  necessary  author- 
ization, they  went  to  Blackwell's  Island.  Col.  Pillsbury,  the  warden,  conducted 
them  through  the  workshops  of  the  penitentiary  and  explained  the  system 
on  which  this  city  institution,  is  managed.  The  Commissioners  afterwards 
visited  the  workhouse,  a  city  institution  on  the  same  island,  to  which  several 
hundred  misdemeanants  were  committed.  They  returned  to  the  city  in  time 
to  take  the  afternoon  train  for  Elmira. 

On  Saturday  morning  they  arrived  at  the  Elmira  reformatory  for  young  men. 
They  were  received  very  kindly  by  Mr.  Brockway,  the  superintendent,  who 
devoted  the  whole  day  to  the  task  of  explaining  the  principles  of  his'system,  and 
its  methods  and  results,  and  in  showing  them  the  prisoners  when  engaged  in  the 
workshops,  in  the  school-rooms,  in  the  gymna.sium,  and  in  military  exercises. 

Leaving  Elmira  on  Satui'day  night  the}-  reached  Toronto  on  Sunday. 

At  the  next  meeting  of  the  Commission  Dr.  Rosebrugh,  who  had  visited  the 
Massachussetts  industrial  school  for  girls,  at  Lancaster,  near  Clinton,  submitted 
his  report ;  see  paper  "  A  "  in  Appendix. 

By  direction  of  the  chairman  the  secretary  invited  Dr.  Barnardo  who  was 
about  to  leave  for  England  to  give  evidence  before  the  Commission  respecting 
his  work  of  bringing  boys  to  Canada  and  placing  them  in  the  houses  of  farmers 
and  others,  and  on  August  4th  Dr.  Barnardo  attended  and  gave  evidence 
accordingly. 

On  the  afternoon  of  Friday,  August  8th,  the  Commissionej-s  went  to 
Penetanguishene.  On  Saturday  morning  they  visited  the  reformatory^  for  boys 
at  that  place,  inspected  the  buildings  and  saw  the  boj^s  in  the  workshops,  the 
garden,  the  farm,  the  farm  buildings,  in  the  play-ground  and  at  their  dinner. 
The  evidence  of  Mr.  McCrosson,  the  superintendent,  was  taken.  In  the  evening 
of  the  same  day  the  evidence  of  Dr.  Spohn,  surgeon  of  the  reformatory,  was  taken. 
On  Sunday  morning  the  Commissioners  attended  divine  service  at  the  reformatory. 
They  returned  to  Toronto  by  the  early  train  on  Monday. 

On  August  loth  the  Commissioners  went  to  Mimico  to  visit  the  industrial 
school.  They  were  .shown  through  the  cottages,  the  workshops,  kitchen, 
laundry  and  dormitories,  through  the  farm  buildings  and  over  the  farm  by  the 
superintendent  and  they  saw  the  boys  at  their  various  employments  and  amuse- 
ments. They  afterwards  took  the  evidence  of  the  superintendent  as  to  the  prin- 
ciples on  which  the  institution  is  managed,  the  methods  pursued  and  the  results. 

Having  been  duly  authorised  by  Order  in  Council  to  prosecute  their  enqui- 
ries in  the  London  district  of  Ontario,  and  in  the  States  of  Michigan  and  Ohio,  the 
Commissioners  on  August  19th  went  to  London.  The  sheriffs  and  gaolers  of  the 
counties  of  Kent,  Bruce,  Huron,  Middlesex,  Elgin  and  Oxford,  the  sheriff  of  the 
county  of  Essex  and  the  gaoler  of  the  county  of  Perth  obeyed  the  summons  requir- 
ing them  to  appear  and  give  evidence.  Dr.Bucke.of  the  London  lunatic  asylum, and 
the  chief  of  the  London  police  also  gave  evidence.  This  occupied  the  Commission 
during  the  20th  and  21st.  The  Commissioners  inspected  the  county  gaol  and  a 
committee  visited  the  police  station  and  lock-up. 

On  August  22nd  the  Commissioners  proceeded  to  Detroit,  Mich.  Arriving 
there  early  in  the  afternoon  they  visited  the  house  of  correction  as  soon  as 
arrangements  for  that  purpose   could  be    made.     They   were   received   by    the 


15 


superintendent,  Captain  Nicholson,  who  showed  them  the  cells,  workshops 
and  other  departments,  and  afterwards  explained  fully  how  this  institution  which 
yields  a  considerable  revenue  to  the  city  is  managed,  and  what  the  reformatory 
effects  of  his  S5'stem  are.  He  also  gave  his  opinions  on  several  of  the  questions 
of  which  the  Commissioners  sought  the  solution. 

On  the  23rd  the  Commissioners  went  to  Lansing  to  visit  the  M'chigan  state 
reformatory  for  boys..  The3"  found  the  superintendent,  Mr.  Gower,  as  courteous 
and  as  willing  to  assist  them  in  their  enquiries  as  were  the  managers  of  all  the 
other  institutions  visited  by  them.  He  showed  them  through  the  cottages, 
showed  them  the  boys  at  school,  in  the  workshops,  on  the  farm  and  at  dinner,  and 
explained  fully  his  system,  which  differs  in  some  important  particulars  from  the 
systems  obtaining  in  other  reformatories.  Mr.  Donovan,  a  member  of  the  board 
of  control  of  the  institution  also  made  a  very  interesting  statement.  In  the 
evening  the  Commissioners  returned  to  Detroit,  which  they  reached  in  time  to 
take  the  steamboat  for  Cleveland. 

On  the  24th  the  Commissioners  visited  the  Cleveland  workhouse,  examined 
the  institution  and  were  present  at  a  religious  service  held  in  the  chapel.  The 
superintendent,  Mr.  W.  D.  Patterson,  afterwards  described  at  length  the  number 
and  character  of  the  prisonei's,  the  nature  of  the  ofiences  for  which  they  were 
committed,  the  terms  of  imprisonment,  the  principles  on  which  the  workhouse  is 
managed,  the  kind  of  work  done  and  the  means  employed  to  obtain  satisfactorv 
results.  To  the  workhouse  is  attached  the  house  of  refuge  for  boys  and  this  also 
was  visited. 

On  the  25th  the  Commissioners  went  from  Cleveland  to  Mansfield,  O.  There 
they  visited  the  gaol,  which  has  been  constructed  for  carrying  out  the  cellular 
system  and  a  police  lock-up  in  course  of  construction  on  the  same  principle. 
They  also  visited  the  Intermediate  Prison,  a  large  and  handsome  structure, 
not  yet  completed,  which  is  to  serve  as  a  State  reformatory,  on  the  lines 
of  the  Elmira  system,  for  young  men  who  have  been  convicted  of  felony 
only  once.  They  also  took  the  statement  of  General  Brinkerhoff  as  to 
the  best  mode  of  constructing  and  managing  prisons  and  gaols,  the  best 
mode  of  working  for  the  reformation  of  the  fallen  and  of  saving  by 
prevention  those  who  are  in  danger  of  becoming  criminals.  General  Brinkerhoff 
did  all  in  his  power  to  aid  the  commissioners  in  their  enquiries.  Several  other 
gentlemen  interested  in  the  woi  k  of  prison  reform  stated  their  views  and  rendered 
valuable  assistance.  The  Commissioners  left  Mansfield  by  the  evening  train  for 
Columbus,  O. 

On  the  morning  of  the  26th  Mr.  Langmuir  and  Dr.  Rosebrugh  went  from 
Columbus  to  Circleville,  O.  to  see  a  county  gaol  recently  constructed  which  was 
said  to  be  a  model  of  what  gaols  for  carrying  out  the  cellular  system  should  be. 
Their  report  marked  "  B  "  will  be  found  in  the  appendix.  The  other  Commis- 
sioners, accompanied  by  Rev.  Dr.  Byers,  secretary  of  the  board  of  State  charities, 
visited  the  city  police  station  and  lock-up  at  an  early  hour  and  afterwards  the 
county  gaol  and  the  State  prison,  or,  as  it  is  there  called,  the  penitentiary.  At  the 
penitentiary  they  were  shown  through  the  extensive  workshops  and  they  saw  the 
prisoners  at  work.  They  examined  the  cells,  the  bathing  apparatus  and  other 
parts  of  the  building  and  saw  the  prisoners  at  dinner.  They  afterwards  took 
the  evidence  of  the  warden  as  to  the  number  of  prisoners,  the  crimes  of  which 
they  had  been  convicted,  the  terms  of  imprisonment  and  the  working  of  the  law 
which  has  established  in  this  institution  the  system  of  indeterminate  sentence  and 
parole.  They  found  here  the  contract  system  and  the  State  account  system  of 
carrying  on  work  in  operation  and  they  ascertained  the  views  of  the  warden 
as  to  the  ad vant» ^es  and  disadvantages  of  each.     They  also  ascertained  the  viewa 

/ 
/ 


16 


'of  the  wai'den  on  the  subject  of  prison  and  reformatory  management  generally. 
They  afterwards  took  the  evidence  of  Dr.  Byers  as  to  the  construction  and 
management  of  prisons  and  reformatories  ;  the  changes  which  have  been  made  in 
the  laws  of  the  State  relating  to  such  institutions ;  the  scope  and  operation  of 
existing  laws  and  the  changes  that  are  still  desirable,  especially  in  the  laws 
relating  to  the  parole  system  and  the  modes  of  dealing  with  juvenile  offenders 
and  indigent  or  neglected  children  ;  also  as  to  the  causes  of  crime  and  the  possi- 
bility of  reforming  confirmed  criminals. 

At  9.30  p.m.  the  Commissioners  left  Columbus  for  Toronto. 

On  September  10th  the  Commissioners  met  at  Toronto.  Several  matters 
were  discussed.  Dr.  Rosebrugh  submitted  a  report  of  what  he  had  seen  of  the 
method  of  dealing  with  juvenile  offenders  in  Boston  when  they  are  arrested,  and 
afterwards  a  report  of  what  he  had  seen  of  the  management  of  the  Wayfarer's 
Lodge  in  that  city  :  a  report  of  what  he  had  learned  in  an  interview  with  the 
general  manager  of  the  system  on  which  the  Burnham  industrial  school,  near 
Troy,  N.Y.,  is  conducted  and  of  the  work  done  there,  (See  papers  marked  "  C, 
D  and  E  "  in  the  appendix.) 

It  Avas  agreed  that  the  chairman  should  consult  the  Honourable  the  Attorney 
General  as  to  the  expediency  of  sending  one  or  more  members  of  the  Commission 
to  attend  the  Congress  of  the  National  Prison  Association  of  the  United  States, 
to  be  held  at  Cincinnati,  0.,  commencing  on  September  25th  and  continuing  to 
October  1st. 

It  was  afterwards  arranged  that  the  secretary'  should  attend  the  Congress. 
His  report  (paper  G)  is  published  in  the  appendix. 

The  Commission  met  on  October  25th  and  visited  the  Toronto  gaol,  which 
they  inspected  very  carefully. 

The  Commission  held  a  i)ublic  session  in  the  city  of  Toronto,  commencing  on 
October  29th.  The  .sheriffs  and  gaolers  of  the  counties  of  Grey,  Dufferin,  Halton, 
Waterloo,  Wellington  and  Northumberland  and  Durham  ;  the  acting  sheriff  and  the 
gaoler  of  the  county  of  Simcoe,  and  the  gaolers  of  the  counties  of  York,  Ontario, 
Peel  and  Peterborough  appeared  in  obedience  to  summons  and  gave  evidence. 
Dr.  Clark,  medical  superintendent  of  the  Toronto  lunatic  asylum,  and  Dr, 
Richardson,  surgeon  of  the  Toronto  gaol,  were  also  examined. 

Mr.  Pell,  secretar}'  of  the  Associated  Charities,  gave  evidence  and  Mr.  W.  A. 
Douglas  read  and  submitted  a  paper  as  to  the  causes  of  crime. 

Mr.  John  Cameron,  gaoler  of  Woodstock,  Mr,  Kitchen,  gaoler  of  Brantford, 
and  Mr.  Coulson,  gaoler  of  Welland,  appeared  on  behalf  of  the  Gaolers'  Associa- 
tion to  state  what  changes  they  think  should  be  made  in  the  construction  and 
management  of  gaols  and  the  construction  of  gaolers'  dwellings,  and  what  changes 
as  to  the  salaries,  classification  and  promotion  of  gaolers  they  think  desirable. 
The  Commission  adjourned  on  October  31st. 

The  Commission  resumed  its  sittings  inToronto  on  November  12th.  Mr.  Francis 
S.  Spence,  secretary  of  the  Dominion  Alliance,  for  the  suppression  of  the  liquor 
traffic ;  Mr.  Robert  Christie,  inspector  of  prisons  ;  Mr.  James  Massie,  warden  of  the 
Central  prison  ;  Mr.  W.  H,  Rowland,  superintendent  of  the  Mercer  reformatory 
Sunday-school;  Lieut.Col.Grassett,chief  of  the  Toronto  police;  Mr.  J.  J.  Kelso,secre- 
tary  of  the  Humane  Society;  Mr.  George  Alfred  Barnett,  superintendent  of  the 
News  boys'  home ;  Mrs.  O'Reilly,  superintendent  of  the  Mercer  reformatory,  and 
Miss  Elliott,  teacher  in  the  refuge  for  girls  were  examined. 

Rev.  J.  W.  Baldwin,  rector  of  All  Saint's  Church ;  Hon.  G.  W.  Allan,  speaker 
of  the  Senate,  and  Dr.  Goldwin  Smith,  appeared  as  delegates  from  the  Associated 
Charities  of  Toronto  to  present  the  views  of  the  Association  respecting  the  best 
mode  of  dealing  with  tramps  and  vagrants. 


IT 


Mr.  D.  J.  O'Donohue  appeared  as  representative  of  the  Trades  and  Labour 
Council  and  stated  the  views  of  that  body  as  to  the  introduction  of  technical 
training  in  the  public  schools  ;  as  to  the  in  lustrial  training  of  the  inmates  of 
industrial  schools  and  reformatories;  as  to  the  work  on  which  the  inmates  of  the 
Central  prison  should  be  employed,  and  as  to  the  ertects  of  assisted  emigration, 
and  the  introduction  of  boys  and  girls  from  reformatory  institutions  ot  Greai 
Britain,  on  the  volume  of  crime  and  the  number  of  criminals  in  Canada. 

On  the  afternoon  of  November  12th  the  Commissioners  iuspected  the  Central 
prison,  examining  all  parts  of  the  building  carefully  under  the  guidance  of  the 
warden,  and  seein;?  the  prisoners  engaged  in  the  workshops  and  on  the  grounds. 
They  afterwards  visited  the  Andrew  Mercer  reformatory  for  women,  and  the 
Retuge  for  Girls,  and  examined  all  parts  of  these  institutions,  accompanied  by  the 
assistant  superintendent. 

The  Commissioners  held  several  meetings  to  consider  what  their  report 
should  be  ;  but  it  was  thought  advisable  that  the  Protestant  and  Catholic  chaplains 
of  the  Reformatory  at  Penetanguishene  should  be  examined,  and  also  Mrs.  Coady, 
Assistant  Superintendent  of  the  Mercer  Reformatory  for  Women,  before  the 
taking  of  evidence  was  closed.  Therefore  they  were  invited  to  appear  at  a 
session  to  be  held  in  Toronto,  on  the  8th  of  December  and  the  subsequent 
day.  Mrs.  Coady  and  Mr.  Laird  were  examined  on  the  8th,  on  which  day 
also  Mr.  M.  F.  G.  Round,  Corresponding  Secretary  of  the  Prison  Reform 
Association  of  New  York,  and  founder  and  superintendent  of  the  Burn- 
ham  Reformatory  for  Boys  in  that  state,  attended  and  gave  evidence.  On  the 
9th  Mr.  Pattyson,  one  of  the  Protestant  chaplains  of  the  Reformatory  for  Boys, 
appeared  and  gave  evidence,  speaking  for  himself  and  Rev.  Mr.  Currie.  Rev.  Mr. 
Kingston  wrote  that  he  was  prevented  from  attending  by  serious  illness  in  his 
family.  Rev.  Mr.  Gibbons,  the  Catholic  chaplain,  w^as  prevented  by  his  religious 
duties  from  attending,  the  8th  of  December  being  a  holiday  of  obligation  in  the 
Catholic  Church.  The  evidence  of  Mr.  Massie,  Warden  of  the  Central  Prison, 
was  completed  on  the  9th. 

The  Commissioners  also  thought  it  desirable  to  visit  the  State  Industrial 
School  at  Rochester,  N.Y.  Accordinglj^  Messrs.  Laugmuir,  Drury  and  Anglin  left 
Toronto  by  the  4.55  p.m.  train,  on  December  12th.  They  arrived  at  Rochester  after 
midnight,  and  next  morning  visited  the  school.  They  spent  the  whole  day  in 
inspecting  the  workshops,  play-grounds,  dormitories,  kitchens,  dining-rooms,  and 
other  parts  of  the  school  for  the  grown  boys,  the  school  for  the  junior  boys,  and  the 
school  for  girls,  looking  at  the  boys  at  work,  at  play,  in  the  dining-room  and  the 
drill-rooms,  and  receiving  an  explanation  of  the  system  and  its  working.  The 
evidence  of  Mr.  Murray,  the  Superintendent,  and  of  Miss  Craig,  Superintendent 
of  the  Girls'  Department,  was  taken  at  lengtli. 

Dominion  and  Provincial  Jurisdiction  in  Respect  to  Criminals. 

Having  thus  briefly  stated  what  official  visitations  the  Commissioners  made 
and  what  methods  they  adopted  in  obtaining  evidence,  and  in  gathering  information 
regardin;-  the  matters  into  which  it  was  their  duty  to  make  enquiry,  it  becomes 
necessary  for  the  better  understanding  of  the  conclusions  at  which  they  have 
arrived,  to  state  what  are  the  powers,  duties  and  responsibilities  of  the  Dominion 
and  Provincial  governments  respectively,  with  regard  to  the  administration  of 
justice  and  the  custody  and  care  of  criminals  as  settled  by  the  British  North 
America  Act;  what  was  the  extent,  volume  and  character  of  crime  in  the  Province 
when  that  Act  went  into  operation  ;  what  they  have  been  since  ;  what  proportion  of 
the  criminals  and  what    classes  of  criminals    became  a  charge  on  the  Province  ; 

2  (P.  C.) 


18 


whnt  institutions  for  the  custody,  care  and  reformation  of  these  crin)inals  were 
given  to  the  Province,  and  what  penal  and  reformatory  institutions  the 
Province  has  since  established. 

The  British  North  America  Act,  Sec.  91,  provides  that  "  The  Legislative 
authority  of  the  Parliament  of  Canada  extends  to     *     *     * 

Sab-Section  27,  the  Criminal  Law,  except  the  constitution  of  Courts  of 
Criminal  Jurisdiction,  but  including  the  procedure  in  criminal  matters. 

Sub-Section  28. — The  establishment,  maintenance  and  management  of  peni- 
tentiaries." 
Section  92  of  the  .•^ame  Act,  provides  that  the  Legislature  of  each  Province 
may  exclusively  make  laws  in  relation  to 

Sub-Section  G. — 'The  establishment,  maintenance  and  management  of  pub- 
lic and  reformatory  prisons  in  and  for  the  Province/' 
Sub-Section  7. — "  The  establishment,  maintenance  and  management  of  hos- 
pitals, asjdunis,  charities  and  eleemosynary  institutions  in  and  for  the 
Province  other  than  marine  hospitals." 
Sub-Section  14. — "The  administration   of  justice   in  the  Province,  including^ 
the  constitution,  maintenance  and   organization    of  provincial    courts, 
both  of  civil  and  of  criminal  jurisdiction,  and  including  procedure  in 
civil  matters  in  those  courts." 
Sub-Section  15. — "The  imposition   of  punishment  by  tine,  penalty  or  im- 
prisonment, for  enforcing  any  law  of  the  Province  made  in  relation  to 
any  matter  coming  within  any  of  the  classes  of  subjects  enumerated  in 
this  section." 

Section  96  of  the  same  Act  provides  that  the  Governor-General  shall  ap!)oint 
the  Judges  of  the  Superior,  District  and  County  Courts  in  the  Pr.)vinces,  except 
the  Courts  of  Probate  in  Nova  Scotia  and  New  Brunswick. 

Section  99  provides  that  the  Judges  of  the  Superior  Courts  shall  hold  office 
during  good  behaviour,  but  .shall  be  removable  by  the  Governor-General  on 
address  of  the  Senate  and  House  of  Commons,  and 

Section  100  provides  that  the  salaries,  allowances  and  pensions  of  the  Judges 
of  the  Superior,  District  and  County  Courts  shall  be  fixed  and  provided  by  the 
Parliament  of  Canada. 

The  a()pointment  of  Justices  of  the  Peace,  Police  Magistrates  and  District 
Magistrates  was  left  to  the  Provincial  authorities. 

This  divi-sion  of  powers  and  duties  has  not  worked  satisfactorily  in  all 
respects.  The  Act  does  not  define  the  meaning  of  the  word  "  Penitentiary,"  and 
the  question  has  been  before  the  Courts.  The  Act  does  not  say  where  the  power 
of  pardoning  or  of  commuting  or  of  remitting  penalties  should  rest.  This  power 
the  Dominion  Government  contends,  being  of  the  prerogative,  rests  exclusively 
with  the  Governor-General  as  representative  of  the  Queen.  The  Government 
and  Legislature  of  the  Province  of  Ontario  contend  that  the  Lieutenant-Governor- 
in-Council  has  the  power  to  remit  or  commute  penalties  imposed  for  breaches  of 
any  Acts  of  the  Provincial  Legislature,  and  this  question  is  now  before  the 
Courts. 

The  Dominion  Parliament  has  enacted  that  criminals  sentenced  to  imprison- 
ment for  two  years  or  any  longer  period  should  be  confined  in  the  penitentiaries, and 
that  those  sentenced  to  imprisonment  for  any  shorter  period  should  be  confined 
in  the  provincial   prisons,  reformatories  and  common  gaols. 


19 


Character  and  Volume  of  Crime  in  Ontario. 

The  extent  of  the  burden  thus  imposed  upon  this  Piovinee  and  its  munici- 
palities as  exhibited  by  the  number  of  |)ri.soner.s  that  passed  throuf;h  tlie  common 
gaols  in  each  year  from  September  80ch,  18G8,  to  September  30th,  1S89  ;  the 
increase  in  the  number  of  commitments  each  year,  and  ihe  proportion  such  com- 
mitments bear  to  the  whole  population  of  the  Pr»)vince  are  shown  in  the 
following  table. 

Table  No.  1. 


a  S 

'"'  to 
u  be 

D  CO 

-Oh-. 
fl  O 

==£ 

O  "^ 

W 

294 
319 
329 
281 
323 
377 
389 
434 
542 
480 
416 
549 
468 
522 
423 
458 
450 
352 
409 
551 
451 

•-0 

^^ 

1680 
1737 
1642 
1615 
1735 
1746 
1566 
1727 
1824 
1959 
1756 
1863 
1681 
1750 
1551 
1719 
1507 
1424 
1574 
1778 
1685 

^    V 
'V  <^ 

c  o 

S  CO 

^i 

O 

82 
108 
58 
56 
74 
67 
70 
70 
62 
54 
53 
59 
73 
62 
48 
46 
50 
38 
38 
65 
46 

3 

o 
H 

5655 

6379 

6615 

6958 

7877 

9488 

10073 

11236 

13481 

12030 

11220 

11300 

9229 

9620 

9880 

12081 

11426 

10645 

11017 

12454 

12531 

Popnlation  of  tb^ 
Proviuce. 

1869 

3599 

421 5 
4586 
50a6 
5745 
7298 
8048 
9005 
11053 
9537 
8995 
8829 
7007 
7286 
7858 
9858 
9419 
8831 
8996 
10060 
10349 

1,618,400  estimated. 
1,620,851  actual. 

1870 

1871 

1872 

1873 

1874 

1875 

1876 

1,770,000  estiniat-f  u. 

1877 

1878 

1879 

1880 

1,923,228  actual. 

1881 

1882 

1883 

1884 

18>5 

18S6  .         

2,100,000  estimated. 

1887. .     

1888 

1889 

2,230,000  estimated. 

The  following  table  shows  the  numbers  committed  to  the  common 
gaols  in  the  years  1869,  1875,  1880,  1885  and  1889,  and  the  offences  with  which 
they  were  charged,  and  also  the  numbers  that  were  convicted  and  sentenced  in 
the  years  1880,  1885  and  1889  :— 

Table  No.  2. 


Number  of  Prisoners 
Committed. 

Number  ok 

PRISONKRb 
SkNTEKCJiP. 

1869. 

1875. 

666 
68 

73 

57 

1880. 

1885. 

1889. 

1880. 

1885. 

1889. 

1.  Crimes  Against  the  Person. 

485 
46 

31 
27 
38 
16 

623 

85 

63 
44 

672 
169 

46 
68 
25 
12 
5 
46 

1043 

534 
197 

138 

39 

31 

18 

9 

2 

452 
46 

32 

14 

5 

3 

5 

19 

443 
97 

28 

30 

2 

8 

2 

21 

358. 

115 

Cutting  and  wounding,  Btabbing, 

and  shooting 

00 

12 

37  1   42 

12     7 

5  1    9 

50  1   31 

7 

4 

2 

42 

6 

685 

968 

904 

968 

576 

631 

564 

20 


Table  No.  2. — Continued. 


Number  of  Pkisosers 
Committed. 


1869. 


2.  Crimes  Against  Property. 

Arson  aad  incendiarism 

Burglary _. 

Oounterfeiting  and  passing  counterfeit  noney  .... 

Destroying  and  injuring  property 

Embezzlement 

Forgery  

Fraud,  and  obtaining  money  or  goods  under  false 

preten  es _. 

Horse,  cattle,  and  pheep  stealing 

Housebreaking  and  robbery 

Larceny 

Receiving  stolen  goods 

Trespass 

Miscellaneous 


3.  Crimes  Against  Public  Morals  and 
Decency. 

Bigamy 

Inmates  and  frequenters  of  houses  of  ill-fame. . 

Ke>-ping  houses  of  ill  fame 

Perj  ury 

■Seduction 

Indecent  assault  and  exposure 

Miscellaneous 


1875. 


1880.  I  1885. 


1889. 


34 
26 
16 
29 
10 
22 

52 
44 
68 
1019 
19 
2o 
43 


1407 


65 
54 
6 
96 
14 
33 

99 
85 
26 
160i 
33 
72 
58 


2253 


122 


9 

123 

49 

19 

2 
36 
77 


315 


31 
93 
15 
130 
23 
50 

101 
70 

lOS 

1069 

42 

123 
73 


35 
51  i 
10  I 
112  I 
32 
60 

149 

73 ; 

146  i 


51 
76 
4 
86 
17 
49 

125 

81 

161 


1589  i  1606 
38  I   48 


222 

97 


329 


2523  I  2614   2636 


5 

236 

134 

27 

"  40 
50 


492 


13 
172 
85 
19 
2 
40 
45 


376 


16 
136 
103 
25 
19 
76 
59 


434 


1880. 


255 


15G2   1624   1611 


187       202 


4.  Offences  Against  Public  Order  and  Peace. 


Abusive  and  obscene  language 

Breaches  of   peace,    breaches   of   by-laws,    escapes 

from  and  obstructing  constables 

Carrying  unlawful  weapons 

Deserting  employment 

Drunk  and  disorderly 

Selling  liquor  without  license,  and  selling  or  giving 

it  to  Indians 

Threatening  and  seditious  language 

Vagrancy 

Miscellaneous 


5.  Other  Causes  for  Which  Persons  Were 
Defainku  as  Prisoners. 

Contempt  of  Court 

Debtors 

Detained  as  witnesses 

Lunatics  and  persons  dangerous  to  be  at  large 

Xon- payment  of  fines  and  ci.>sts. 


34 

79 

4 

74 

1793 

24 

75 

783 

20 


76 

99 

8 

82 

36C3 

33 

35 

1641 

239 


95 

109 

34 

27 

3795 

115 

48 

2210 

207 


2886 


50 
78 
22 
271 
30 
Want  of  sureties  to  keep  the  peace 104 


Total  number  of  persons  committed  for  the  res- 
pective years 

Total  number  convicted  and  sentenced 


555 


5655 


5876  6640 


77 
66 
17 

323 
41 

137 


180 
86 
18 

346 


111 


661   741   722 


44 

117 

29 

3 

3696 


70 

163 

29 

6 

4777 


86 


2322 


32 


60   157 

47    40 

2455  I  2614 

220  I  316 


6671  i  7722 


120 
63 
18 

433 


88 


10073  11300  111426 


134 

107 

49 

437 


102 


45 


772 


47 


151 

12 

1226 

230 


4643  I  4757  i  5201 


114 


114 


12531 


7036  i  7301   7692 


The  official  returns  do  not  show  the  numbers  sentenced  previous  to  1869. 


21 


The   prisonprs   convicted   and   sentenced — taking    every   fifth    year — were 
disposed  of  as  follows : — 

Table  No.  3. 


Sentenced  to  Kingston  Penitentiary 

"  to  Kefoniiatory  for  Boys 

"  direct  to  Central  Prison 

"  to  common  srads  and  subsequently  transferred  to  Central  Prison  . 

"  direct  to  R»  formatory  for  Females 

"  to  common  gaol.s  and  subst^qurtitly  to  Retormatory  for  Females. . . . 
"  to  the  common  gaols  and  there  detained  until  expiration  of  sentence 
(or  payment  of  fine) 


If5 

67 

145 

271 


Totals 

The  Others  Sejit  to  Gaol  Dorinq  the  Year  webe: — 


Acquitted  upon  trial 

Discharged  without  trial 

Committed  on  civil  process 

As  lunatics,  ere I     641 

Otherwise  disposed  of I     159 


o613 
6261 


2912 


d 

o 

00 

00 

00 

00 

fH 

I-l 

171 

175 

82 

54 

418 

498 

166 

261 

6 

103 

32 

40 

6171 

6170 

7036 

7301 

2.''30 

1088 

398 

?46 

102 


2300 

1067 

361 

397 


172 

79 

475 

276 

98 

30 

6562 

7692 


10,073:11,300111,426 


12,531 


The  periods  for  which  those  convicted  were  sentenced  to  imprisonment  oive 
an  idea  of  the  gravity  of  the  offences  of  which  the  prisoners  were  found  guilty  : — 


periods  of  sentences. 
Table  No.  4. 


For  periods  under  30  days 

Over  30  days  to  60  davB     

For  60  days  or  two  months 

Over  2  months  to  3  months 

Over  3  months  to  4  months 

Over  4  months  to  5  months  

Over  5  months  to  6  months 

Over  6  months  to  9  months 

Over  9  months  to  1  year . 

Over  1  year  to  2  years   

Over  2  years  atid  up  to  3  years  in  Penitentiary 

Over  3  years  in  Penitentiary 

For  periods  <>f  any  length  in  th"^  Reformatory  for  Boys 

Sentenced  to  death  and  executed   

Sentenced  to  df^ath  and  sentence  commuted 

Sentenced  to  death  and  committed  .--uifide 

Sentenced  to  imprisonment  with  corpoial  punishment  . 


1876. 


2466 

1754 

730 

306 

199 

52 

378 

48 

52 

148 


67 


1880. 

1885. 

2658 

2974 

i  2219 

2160 

i   724 

550 

424 

379 

155 

200 

32 

79 

1   351 

448 

i   59 

63 

1    96 

105 

1    60 

110 

105 

1(9  ! 

66 

66 

82 

54 

3 
1  

1 

!      ' 

3 

1 

1889. 


3117 

2248 

659 

466 

181 

5b 
428 

71 

99 
113 

65 
102 

81 


The  official  report  for  1 875  states  in  one  place  that  the  number  sent  to  the 
Penitentary  was  1G5  ;  in  another  table  after  stating  the  number  sentenced  foi 
over  one  year  up  to  two  yeirs  it  adds  " over  these  periods  and  including  those 
sent  to  the  Penitentiary,  129/' 


22 


The  number  of  persons  remnininj];  in  custody  in  the  various  penal  and 
reformatory  institutions  of  the  Province  on  the  80th  September  of  each  fifth 
year,  were  as  follows  : — 

Table  No.  5. 


1870. 


In  the  comijon  gaols 

In  the  Central  I'rison 

In  the  Ref  rmatory  for  Boys,  Penetaneriiis'hene 

In  the  Reiormatorv  for  Females  and  Refuge  fur  Girls. 
In  the  Dominion  Penitentiary,  Kingston 


435 


Totals 


165 


686 


1286 


1875. 


703 
206 
173 


509 


1597 


1880. 


506 
305 
214 
38 
696 

1849 


1885. 


623 
S6D 

2-0 
149 
5.'5 


1877 


1889. 


675 
352 
210 
131 
573 

1911 


The  following  statements  show  the  movement  of   population  in  the  penal 
and  reformatory  institutions  within  the  Province  : — 


central  prison. 
Table  No.  6. 


In  custody  at  commencement  of  year 

Committed  during  the  year 

Total  number  in  custody  during  the  year. 
Discharged  on  expiration  of  sentence  .  . . . 

By  remission  of  sentence 

E-caped 

Otherwise 

Sentenced  direct 

Transferred  from  common  gaois 

Highest  number  any  one  day  in  prison. . . 
Average  per  day 


1874.        1875. 


145 


275 

426 

701 

453 

5 

7 

30 


1880. 


1885. 


Remaining  at  end  of  the  year. 


275 


206 


311 
560 
873 
537 

17 
3 

11 
420 
140 


305 


335 

761 

1096 

704 

4 

3 

25 

513 

214 

444 

309 

360 


1889. 


340 
739-3 
1088 
705 

9 

7 
24 
510 
2>9 
434 
372 

352 


Of  the  7'-id  prisoners  sent  to  the  Central  Prison  during  the  y^ar  18s9,  217 
were  sent  for  six  months,  3.3I  for  less  than  six  months,  only  171  for  more  than 
six  months:  of  these  G2  were  sent  for  eighteen  months  or  upwards;  two  years,  less 
one  day,  being  the  longest  sentence.  Fifteen  we:e  discharged  on  payment  of 
fine  in  1885  and  seven  in  1889. 


reformatory  for  boys. 
Table  No.  7. 


1868, 


Admitted  during  the  year    I         59 

Discharjjed i         50 

Pardoned  or  sentence  remitted I . . 

Total  during  the  year I       226 

'Remaining  at  the  end  of  the  year 1       173 


1870. 

1875. 

1880. 

1885. 

41 

71 

80 

51 

36 

32 

52 

59 

7 

5 

6 

14 

210 

210 

286 

205 

166 

173 

214 

220 

1889. 


85 
33 
33 

281 
210 


23 


andrew  mercer  reformatory  for  women. 
Table  No.  8 


Nmnb°r  inmal-es  clo'^e  of  preceding  year 

Commirted  during  year . 

Total  numher  in  custody  dnriner  year  . . . 
I>ischarged  on  ex|<iration  of  sentence  . . . 

Escaped    

Transfe'red  to  Refuge 

Otherwise  removed  


Remaining  at  the  end  of  the  year . 


1881. 

1882. 

1885. 

30 

127 

120 

221 

212 

14-2 

2.-)  I 

340 

2(i2 

lOS 

171) 

in 

1 

1 

2 

3 

3 

12 

12 

5 

127 

145 

114 

1880. 


1"! 

124 

245 

148 

1 

5 

3 


88 


refuge  for  girls. 
Table  No.  9. 


U'Sl. 


Number  of  inmates  at  close  of  year 

Number  received  during  year 

Totnl  number  in  custody  during  the  year. 

Discharged  on  expiration 

Pardot.ed 

Apprenticed  by  order  of  Inspector 


Remaining  at  the  end  of  the  year 


22 


20 


1882. 


20 

13 

33 

5 


28 


1885. 


43 
3 

47 
2 
4 
5 


1889. 


4*) 

in- 

13 

1 

12 

43 


There  are  no  means  of  ascertaining  the  total  number  of  ofl'ences  com- 
mitted in  Ontario  in  any  one  year,  or  what  number  of  persons  are  accused  ot 
minor  offences  who  are  not  convicted  and  are  not  sent  to  gaol  to  await  trial.  The 
Dominion  law  only  requires  that  magistrates  before  whom  such  cases  are  tried 
shall  report  those  in  which  the  accused  have  been  convicti^l.  No  record  i.s  kept 
of  the  cases  in  which  the  prosecution  has  for  any  reason  faile<l.  In  the  cities  the 
police  autho'ities  keep  a  record  of  all  the  cases  that  are  disposed  of  in  the  police 
courts,  but  the  inforuiation  supplied  by  tl.eir  reports  mendy  furnishes  a  basis  for 
estimating  the  number  of  offences  committed  and  the  numbtir  of  persons  charged 
with  such  offences  who  have  appeared  before  the  courts  of  the  Province. 

The  convictions  in  Ontario  for  the  years  1880,  1885  and  188J  are  classed 
in  the  criminal  .statistics  of  Canada  as  fodows  : — 


Murders,  attempts  at  and  manslaughter 

Rape  and  other  offences  against  females 

Other  offences  against  the  person i 

Robliery  with  violence,  burglary,  house  and  shopbreaking 

Horse,  cattle  and  sheep  stealing 

Other  <  ffeiices  against  property 

Other  felon'ea  and  misdemeanors 

Breaches  of  municipal  by-laws  and  other  minor  offences     . . 

Drunkenness 


Totals. 


18311 


2252T 


24 


In  the  number  of  cases  of  murder,  attempts  at  murder,  manslaughter, 
and  other  offences  against  the  person,  there  was  little  or  no  increase  during  tit 
ten  years;  in  ca'^es  of  robbery  with  violence,  burglary  and  housebi-eaking,  there 
was  an  increase  from  85  in  1880,  and  66  in  1882,  to  144  in  J  889  ;  in  the  cases  of 
horse  and  cattle  stealing,  and  of  other  offences  against  property,  the  numbers 
varied  but  were  not  greater  in  1889  than  in  1880;  the  cases  classed  as  "other 
felonies  and  misdemeanors"  was  123  in  1880  and  58  in  1889 ;  the  breaches  of  by- 
laws and  other  minor  offences  increased  from  7,903  in  1880  to  10,404,  and  the 
cases  of  drunkenness  from  5,2<s2  to  7,059. 

From  the  copies  of  their  annual  returns  furnished  by  the  chiefs  of  police  of 
the  larger  cities,  we  learn  what  number  were  arrested  in  each  of  those  cities 
during  the  year  1889,  and  what  offences  they  were  charged  with  : — 

Hamilton. — The  total  number  of  arrests  made  and  persons  brought  to  trial 
during  the  year  was  2,901.  Of  these  478  were  brought  to  trial  iinder  warrant, 
1,403  without  waiTant,  and  1,020  by  summons. 

Of  those  brought  to  trial  by  all  these  means,  866  were  acquitted ;  1,728  were 
fined;  83  were  committed  to  gaol  direct;  32  were  sent  to  the  Central  Pri>on ;  19 
to  the  Mercer  Reformatory ;  6  to  the  Penetanguishene  Reformatory ;  1  to  the 
Kingston  Penitentiary :  58  were  committed  for  trial  in  the  High  Courts  ;  38  weie 
bound  to  keep  the  peace;  in  63  cases  sentence  was  deferred,  and  12  cases  stood 
over. 

Two  hundred  and  ninety-five  were  charged  with  assault ;  27  with  aggravat'^'d 
assault;  20  with  assault  and  robbeiy ;  178  with  disorderly  conduct;  7U3  with 
drunkenness;  233  with  drunkenness  and  disorderly  conduct ;  52  wilh  fighting  on 
the  street ;  4  with  burglary;  26  with  housebreaking  and  larceny,  and  181  with 
vagrancy,  etc. ;  other  charges,  1,182,  The  total  number  of  reports  of  ofi'ences 
against  property  received  during  the  year  was  359,  of  which  280  were  cases  of 
larceny.  During  the  year  1,287  males  and  89  females  received  food  and  shelter 
in  the  police  lodging  house. 

Kingston. — The  total  number  of  persons  charged  in  the  police  court  was 
552.  Of  these  870  were  charged  with  drunkenness,  5  with  disordetly  conduct  on 
the  streets,  56  with  larceny,  14  with  other  offences  against  property,  35  with 
vagrancy,  and  63  with  other  offences. 

Of  those  charged  81  were  discharged,  319  were  fined,  50  cases  were  reserved, 
29  stood,  and  3  were  withdrawn.  Four  were  sent  to  the  Central  Prison  for  various 
periods,  4  were  sent  to  the  Andre\v  Mercer  Reformatory,  3  to  the  Penetanguishene 
Reformatory,  1  to  the  Kingston  Penitentiary  for  10  years,  18  were  sent  to  gaol  for 
terms  of  1  to  3  months,  25  were  committed  (or  trial,  3  cases  were  adjourned,  and  3 
were  bound  to  keep  the  peace  ;  19  were  under  15  years  of  age. 

Two  hundred  and  fifty-two  persons  were  summoned  for  infractions  of  the 
city  by-laws,  of  whom  89  were  fined. 

London. — The  total  number  charged  with  offences  during  the  year  was  1,64U 
males  and  127  females— total,  1,767.  Of  these  7:^3  males  an'l  62  females  were 
discharged ;  in  the  cases  of  85  males  and  4  females  the  charges  were  withdrawn  ; 
832  males  and  61  females  were  convicted. 

Seventy-three  were  accused  of  common  assault,  9  of  assaulting  and  wound- 
ing, 101  of  having  been  disorderly,  and  1,045  of  having  been  drunk.  Of  those 
accused  of  drunkenness,  516  were  convicted  and  529  were  discharged.  It  is 
stated  that  the  number  arrested  for  drunkenness  was  liO  above  the  average  of  the 
five  years,  and  the  increase  is  attributed  to  the  construction  and  opening  of  the 
C.  P.  Railroad.  There  was  1  case  of  arson,  1  of  perjury,  1  of  ab  luction,  and  9  of 
assaulting  and  wounding.  The  other  cases  were  of  the  usual  character.  140 
males  and  43  females  were  charged  with  vagrancy. 


25 


The  number  of  offences  against  propertjr  reported  to  the  police  was  123.  In 
89  cases  the  police  made  arrests.  Tlie  number  arrested  was  107  males  and  14 
females.  The  eharj^es  against  7  were  withdrawn  ;  26  males  and  6  females  were 
discharged  ;  75  males  and  6  females  were  committed  for  trial  or  summarily  con- 
victed. 

Ottawa.-  The  total  number  arrested  in  Ottawa  during  the  year  was  1,032, 
of  whom  136  were  females.  Three  were  arrested  for  murder,  1  for  cutting  and 
wounding,  Qi*  for  common  assault,  8  for  aggravated  assault,  1  for  shooting  with 
intent,  1  for  an  attempt  to  commit  suicide,  73  for  breaches  of  the  peace,  11  as 
insane,  1  for  altering  a  note,  115  for  larceny,  22  for  other  offences  against  pro- 
perty, 558  as  drunk  and  disorderly,  and  59  as  vagrant.s.  The  other  charges  were 
of  the  usual  character.  The  number  acquitted  and  convicted  is  not  given,  but 
the  chief  of  police  states  that  55  per  cent,  of  those  arrested  for  assaults,  60  per 
cent,  of  those  arrested  for  breaches  of  the  peace.  72  per  cent,  ot  those  arrested  for 
larceny,  and  80  per  cent,  of  those  arrested  for  vagrancy  were  of  intemperate 
habits. 

Toronto. — The  police  report  for  1889  shows  that  the  number  of  offenders 
apprehended  or  summoned  by  the  city  police  for  the  year  ending  Decem- 
ber 31st  of  that  year,  was  9,898  males  and  1,689  females — total,  11,587.  The 
drunk  and  disorderly  numbered  4,570  men  and  871  women:  in  all  5,441. 
The  number  charged  with  larceny  was  767  males  and  111  females;  in  all  878. 
Those  accu'^ed  of  burglary  numbered  55  ;  of  housebreaking,  79  ;  of  highway 
robbery,  43  ;  of  fraud,  65  ;  of  forgery,  23  ;  of  trespass,  252 ;  of  other  offences 
against  property,  177  ;  of  common  assaults,  650  ;  of  murder,  1 1  ;  of  manslaughter, 
6  ;  of  other  offences  against  the  person,  153  ;  of  vagrancy,  333,  of  whom  125  were 
females  ;  of  breaches  of  by-laws  and  other  offences,  2,621. 

Of  the  accused  5,172  men  and  804  women,  in  all  5,976,  were  discharged;  157 
were  committed  for  trial;  3,961  were  fined  with  the  alternative  of  imprisonment; 
and  besides  these,  240  were  sentenced  to  imprisonment  for  one  month  and  under; 
105  for  three  months  and  under ;  94  for  six  months  and  under ;  25  for  one  year 
and  under  ;  15  for  two  years  and  under;  30  for  three  years  and  under;  5  for 
four  years  and  under,  and  13  for  five  years  and  under. 

Of  the  offenders,  527  males  and  34  females — total,  561 — were  from  10  to  15 
years  of  age,  and  905  males  and  115  females — total,  1,024 — were  fom  15  to  20 
years  of  age. 

The  number  of  waifs  sheltered  at  the  police  stations  and  not  classed  as 
offenders  was  539. 

These  figures  seem  to  show  that  the  total  number  of  persons  convicted  of 
offences  of  all  kinds  in  Ontario  was  nearly  twice  as  great  as  the  number  that 
passed  through  the  gaols  of  the  Province,  and  that  the  number  charged  with 
offences  of  all  kinds,  as  shown  by  tiie  foregoing  Police  returns,  was  more  than 
twice  as  great  as  the  number  convicted. 

Correctional  and   Reformatory  Institutions  of  Ontario. 

The  burdens  imposed  upon  the  Province  by  the  British  North  America 
Act  in  respect  of  crime  and  criminals  were  heavy,  and  likel}^  to  increase 
even  faster  than  the  population  and  resources  of  the  Province  increased, 
and  when  the  Dominion  Legislature  enacted  that  all  prisoners  sentenced 
to    less    than    two    years    imprisonment    must    be    cared    for    and    maintained 


2G 


by  the  Provinces,  it  soon  became  cvi<lent  ih-At  the  common  gaols  were  insufficient 
for  the  puni-shnient  or  rctorniatii)n  of  a  large  number  of  those  who  became  a 
charge  on  this  Province  and  its  niunicipa'ities.  No  system  of  enip  oyment  could 
be  devised  that  wouM  give  work  to  one-fourth  of  the  able  bodied  prisoners,  and  the 
gaols  must  V>e  sch<jols  of  crime  for  tliose  who,  prone  to  vice,  were  herded 
together  in  idleness.  The  estil>li>;hinent  of  a  Central  Prison,  in  which  leal  work 
and  rigorous  discipline  coidd  be  provided  foi-  su  h  able  bodied  criminals  as 
crowded  tiie  gaols,  was  strongly  reconummde  I  by  Mr.  Langmuir,  then  Inspector 
of  Prisons.  His  recommendation  was  acted  upon  ;  the  additional  burden  was 
assumed  by  the  Province  and  in  1874  the  Ct-ntral  Prison  was  opened. 
A  reformatory  for  vvoniin  and  a  refuge  for  girls  were  still  much 
needed  and  in  18S0  the  Mercer  Reformatory  was  erected.  In  1888  the 
In  lustrifd  School  at  Mimico  was  established  under  the  provisions  of  the 
Industrial  Schools  Act. 

When  thpse  institutions  were  completed,  Ontario  had  for  purposesof  correction 
and  reformation  the  follow  ing  institutions.  Provincial.  Municipal  and  Corporate  : — 

Thirty-seven  county  and  eight  district  gaols. 

One  central  or  inteiinediate  prison  for  men. 

One  reformatory  for  lioys. 

One  industrial  school  fnrbo3-s. 

The  Andrew  Mercer  reformatory  for  women. 

The  Andrew  Mercer  refuire  for  jrirls. 

In  addition  to  this  chain  of  prison-^  and  reformatories,  the  Dominion  maintains 
at  Kingston  a  penitentiary  lor  adu.t  c  nxict.-^'  sentenced  for  periotls  of  two  years 
and  over;  this  being  the  only  correctional  institution  in  the  Province  maintained 
by  the  Dominion  Government. 

A  comparison  of  the  estimate  1  numb3r  of  pf^rsons  charged  with  offences  of  all 
kinds  in  Ontario,  of  the  number  of  those  so  charged  who  were  convicted  and  of  the 
total  number  who  pissed  through  our  gat^ls  in  o;ie  year  with  the  numbei'  of  those 
charged  with  offences  of  all  kinds,  the  number  c  »nvicted  and  the  number  who 
passed  through  the  gaols  in  other  countries  whose  people  are  of  the  same  origin, 
and  whose  lavvs  an  I  moile  of  a<lministration  i-eseniblc  our  own  will  best  serve  to 
shew  what  success  has  attended  the  efforts  hitherto  made  in  this  Pjovince  to 
repress  crime  and  to  direct  attention  to  those  parts  of  our  system  which  are 
defectiv^e. 

England  and  Wales. 

According  to  the  best  returns  that  the  Commissioners  have  been  able  to 
obtain,  the  number  of  indictable  offences  cotnmitted  in  England  and  Wales 
during  the  year  1888,  and  repDrUd  to  the  'police,  was  4o,336. 

The  number  of  (ipprehevsiovs  made  in  the  oases  so  reported  was  19,314,  or 
44|  per  cent,  of  the  cases,     in  o')^  per  cent,  of"  the  cases  no  arrests  were  made. 

Of  the  19,314  who  were  arrested  5,343  were  released  on  bail,  to  appea' 
again  if  required  ;  this,  in  most  cases,  is  practically  equivalent  to  a  discharge  5 
1,6')7  were  admitted  to  bail  for  trial,  and  12,0G3  were  sent  to  gaol  to  await  trial 
at  the  Assizes  or  Quarter  Sessions. 


27 


The  principal  oticnces  reported  to  the  police  were 

Murders,  of  .which  75  were  murders  of  children  under  one 

3'eaf  oF  ag«; 190 

Attempts  to  murder 79 

Iilan4aui>hter 213 

SI  ooting  and  stabLin<i[  . 771 

Serious  assaults  on  women   1,281 

Buro;lary  and  lio'isebreaking 8,881 

Foigei-y  and  currency  offences 652 

Larceny 26,088 

The  numbt-r  or  cases  of  suicide  was 1,223 

For  3,-")67  offences  against  the  person  3,)61  persons  were  apprehended,  of 
whom  2,63"),  or  74.6  per  cent,  were  sent  for  trial. 

For  6,884  offences  against  property  with  violence,  2,747  persons  were  appre- 
hended, and  2,1.52  were  sent  for  trial,  or  31. :j  per  cent,  of  the  number  of  ofiVnces. 

For  29,785  ra^es  of  larceny  and  other  offences  against  property  not  accom- 
panied with  violence,  10,121  apprehensions  were  effected,  and  7,636  persons  were 
sent  to  trial. 

For  3,100  other  offences  2,885  persons  were  apprehended,  and  1,380  were 
sent  to  trifd. 

Of"  the  number  sent  for  trial  75  per  cent,  are  usually  convicted. 

Of  the  19,314  api>rehended  for  indictable  of!ences,  3,628  were  females,  and 
of  these  only  935  were  described  as  of  previous  good  character,  while  about  one- 
third  of  the  men  are  so  described. 

Of  those  "committed  for  trial"  some  were  admitted  to  bail,  others 
who  could  not  find  bail  or  whose  application  to  be  a^lmitted  to  bail 
was  7'efnsed  wtre  heM  in  the  district  gaols  until  the  sitting  of  an  Assize  Court  or 
ol  the  Sessions  permitte<l  their  being  put  upon  trial. 

It  is  difficult  to  make  a  fair  comparison  between  the  amount  of  criminality 
oi-  it-;  character  or  the  numi>er  of  criminals  in  Ontario  and  in  other  couiitries 
without  being  thoronghly  familiar  not  only  with  the  laws  i elating  to  crime  but 
also  with  the  spirit  and  mode  of  their  administration  in  those  countries.  It  would 
be  qnite  imp-  ssil)le,  however,  to  make  such  a  compaii.son  unless  we  took  into 
account  the  chaiacter  of  what  are  treated  as  minor  oti'euces  in  both,  and  the 
number  accused  and  convicted  of  such  ofi'cnces 

According  to  an  authority  whose  clas-ifieation  of  offences  diffr-rs  from  that  of 
the  Judicial  Stat's'ics  the  total  number  summarily  proceeded  against  in  England 
and  Wales  in  1888  was  8ii8, 588,  of  whom  113,514  were  females.  Of  the  total 
5*8,930  or  80.6  per  cent,  were  convicted;  the  re^^t  were  acquitted  or  discharged 
for  want  of  evidence. 

Tlie  offences  thus  summarily  disposed  of  included 48,559  casesof  theft,  18,919 
cases  of  malicious  damage  to  property,  74,o7l  cases  of  as.sault,  10,895  offences 
against  the  game  laws,  l(i(j,360  cases  of  drunkenness  76,589  ofi'ences  against  the 
Education  Act,  and  82,269  against  local  and  highway  Acts. 

In  74  cases  the  punishment  imposed  was  six  months  imprisonment.  In 
35,971"  cases  the  punishment  was  14  days  imprisonment  or  under.  In  392,073 
cases  hues  were  imposed.  Six  h-indred  and  ninety-two  delinquents  were  sent  to 
reformatories    or  industrial  .schools,  and  3,316  otfenders  were  whipped. 

Of  the  females  proceeded  against  summarily,  only  36,327  were  of  previous 
o-ood  character,  while  of  the  males  one-half  were  so  described  ;  41.4  per  cent,  of 
the  males  and  62.9  per  cent,  of  the  femalts  had  previously  been  before  the  courts. 
Of  the  males,  one  in  20,  of  the  females,  one  in    12  was  an  habitual  drunkard. 


iH 


Comparison  between  this  and  any  statement  respecting  offences  summarily 
disposed  of  in  Ontario  is  impossible.  The  total  number  of  convictions  is  rt  lativeJy 
very  much  larger  however.  Take  drunkenness  for  example.  The  number  of 
convictions  in  England  and  Wales  in  1875-6  was  205,567  and  in  1887-8  was 
166,366.     The  number  of  convictions  in  Ontario  in  1888  was  7,059. 

A  comparison  of  the  gaol  statistics  seems  to  afford  a  more  satisfactory 
means  of  comparison.  From  the  official  report  of  the  Commissioners  of  Prisons 
for  the  year  1890  we  take  the  following  return  of  all  prisoners  received  into  Local 
Prisons  and  disposed  of  during  the  year  ended  3 1st  March,  1890. 


Reckivku,  etc. 


L)lbF08Kll  OK. 


In  prison  at  commence- 
ment of  the  year 

Remanded  and  dis- 
charged   

Tried  and  convicted  .... 

Tried  and  acquitted 

Rf'maining  untried  .    ... 

Otherwise  disposed  of  . . 

Convicted  at  Astizes  and 
Se«f>ion8 

Convicted  summarily .... 

Want  of  sureties 

Debtors  and  civil  process. 

Naval  and  military  of- 
fenders     

From  the  custody  of  other 
governors  


Totals. 


12,007 

7.558 

6,361 

1,245 

825 

269 

551 

98,335 

1,4761 

8,5721 

I 

•    1,243  j 

5,171 

143,703 


2,4611      14,558 


2,4571 

1,129 

3311 

180 

38! 

1391 

38,7531 

650 

354 


10,015 

7,490 

1,576 

1,005  ! 

307j 

690; 

137,088] 

2,t26 

8,9261 


Removed     to     convict 

prisons 

Removed  to  other  local 


,324 
,847 
,045 


484 
46,976 


1,243 

5,655 

190,6791 


prisons    

Rem^jved  to  schools  and 
reformatories    

Removed  to  lunatic  asy- 
lums   

Discharged  on  pardon, etc 
''            license. . . 
■'             termina- 
tion    of     sentence     or 
commitment j    123, 

Bailed   I       1 

Escaped    

Committed  suicide 

Died  f.om  natural  causes 

Executed    

Remaining   in   prison  at 

end  of  the  year 1  l,420i       2,325 


1191 

1671 

13 


,365' 

,286,' 

ll 

101 

931 

13  . 


43,250 

422 

1 

1 

12 


Total 


143,703      46,976 


1,480 

5,397 

1,219 

164 

200 

20 


166,615 

1,708 

2 

11 

105 

13 

13,745 

190,679 


Deducting  the  5,655  who  passed  from  one  gaol  to  another,  it  appears  that 
the  total  number  of  prisoners  who  passed  through  the  local  prisons  of  England 
and  Wales  in  1889  was  185,024,  with  a  population  of  29,015,  513  as  against  12, 
631,  committed  to  the  gaols  of  Ontario  with  an  estimated  population  of  2,230,000. 

It  appears  from  the  judicial  statistics  that  the  number  of  convictions,  sum- 
mary and  on  indictment,  for  the  years  named,  and  for  the  offences  of  each  of  the 
classes  designated  were  as  follows  : 


1875. 


Class  1. — Offences  against  the  person,  including  assaults   ... 

Class  2.  — Offences  against  property  with  violence 

Class  3. — Offences  i- gainst  property  without  violence,  including 

stealine,  embezzlement,  offences  against  game  laws,  etc.. 

Class  4. — Malicious     offences    against     property,    destroying 

fences,  fruit  trees,  etc 

Class  5. — Foreery  and  offences  against  the  currency 

Class  6. — Offences  not  included  in  the  above  classes 

Not  included  in  the  above  six  classes  : 

Drunkeness 

Against  elementary  Education  Acts 

Against  local  Acts  and  borough  by-laws 


103,658 
4,148  ! 


Total 


23,839  ' 

737  I 

199,092  I 

205,567 
25,129 
46,998 

710,933 


1880. 


86,173 
6,699 


101.765  I     110,934 


22,217 

925 

205,039 

174,481 
67,352 
46,356 

720,230 


1886. 


80,943 
6,647 

96,386 

20,999 

948 

202,687 

165,139 
67,093 
43,859 

684,701 


1888. 


78,138 
6,898 

98,209 

19,911 

652 

213,788 

166,366 
76,589 
51,343 

711,894 


2n 


From  these  tipjures  it  would  appear  that  the  total  number  of  convictions  in 
Enorland  and  Wales  for  the  year  1888  numbered  711,894,  as  compared  with  22, 
527  in  Ontario  for  1889. 

The  total  population  of  the  local  prisons  of  England  and  Wales  on  March 
31st,  187s,  was  20,833,  and  on  March  o  1st,  1886,  it  was  but  lo,37o.  In  1890, 
makinor  allowance,  the  report  says  for  retention  of  convicts  the  number  was 
13,877.  *     

Scotland. 

The  estimated  population  of  Scotland  in  1889-90,  according  to  the  '"  Judicial 
Statistics  "  was  3,956,872.  According  to  the  Prison  Commissioners  Report  it 
was  4,120,-547. 

The  number  of  persons  charged  by  the  police  with  offences  of  all  kinds  in 
the  year  1889-90  was  in  burghs  104,950,  and  in  counties  37,195;  total,  142,145. 
These  were  classed  as — 

Offences  against  the  person 1,643 

Offences  against  property  with  violence    881 

Offences  against  property  without  violence 11,882 

Malicious  ott'ences  against  property    4,245 

Forgery  and  offences  against  the  currency   49 

Breaches  of  the  peace  and  disorderly  conduct 64,059 

Drunkenne.ss  when  not  convicted  under  the  House  Act.  .  22,405 

Drunkenness  under  Public  House  Act 9,678 

Other  offences    26,803 


142,145 

The  total  number  of  commitments  to  prisons  for  1889,  was  48,899 
and  the  convictions  in  criminal  cases,  according  to  the  judicial  statistics,  for  the 
-same  year  numbered  41<,701. 

The  total  number  of  prisoners  confined  in  the  prisons  of  Scotland  for  the 
year  1888-89,  including  those  that  were  in  custody  at  the  end  of  the  preceding 
year  was  49,274,  and  the  daily  average  number  was  2,285.  The  total  number  of 
pri-soners  in  custody  on  31st  March  1889,  was  2,080. 


Ireland. 

The  reported  population  of  Ireland  for  the  year  1887  was  4,837,313. 

The  Report  of  the  General  Prisons  Board,  (Ireland;,  for  1888  is  the  latest  wc 
have  been  able  to  obtain.  In  1887  the  number  of  persons  proceeded  against  for 
indictable  offences  was  6,378,  and  the  offences  disposed  of  summarily  numbered 
219,663  or  a  total  of  226,641. 

The  indictable  offences  were — 

Offences  against  the  person 1,274 

Offences  against  property  with  violence 355 

"  "  without  violence 2,874 

Malicious  offences  against  property 940 

Forging,  and  offences  against  the  currency 62 

Other  cases    873 

6,378 

The  total  convictions  numbered  182,767. 

Among  the  cases  disposed  of  summarily  were  77,476  of  drunkenness,  and 
28,600  of  common  assault. 


30 


duri 
2,809. 


The  daily   average  number  of   prisoners  in  iho   countv  and  borough  gaols 
incy  I808  was  2,5(5(3.     The  total  number  in  the  Bridewells  during  the  year  wa.-* 


The  United  States. 


The  only  general  criminal  statistics  for  the  United  Sfates  are  those  published 
in  the  Census  returns,  and  tiiese,  with  tl)e  exceittion  of  the  taWK-s  which  .show  the 
number  of  persons  in  the  prisons  on  a  certain  day,  the  ofiuiices  for  which  they 
were  committed  and  the  terms  lor  which  they  wtt-re  sentenctd,  are  admittedly  of 
no  great  value,  because  the  mode  of  administeiing  justice  in  criminal  ca<es  is  dif- 
ferent in  every  State.  In  the  reports  f.»r  187(3  it  is  stated  that  account  is  taken 
only  of  those  prisoners  who  were  convicted  in  courts  of  record,  and  that  the 
classes  of  offenders  tried  in  such  courts  are  not  the  same  in  every  State,  so  that 
the  criminality  of  some  States  seems  to  be  veiy  much  greater  than  that  of  others. 
The  Census  returns  of  1880  are  the  latest  that  have  yet  been  received.  The 
same  system  of  preparing  the  criminal  statistics  appears  to  have  been  followed 
in  the^e,  although  we  du  not  find  this  stated  anywhere. 

The  increase  in thenumberof  prisoners  in  each  decennial  period  since  1850  lias 
been  very  much  greater  proportionately  than  the  increaseof  the  general  population. 
In  l850  the  population  was  23,191,876  and  thenuniber  classed  as  prisoners  in  the 
Census  returns  on  a  given  day  was  6,7^^)7  or  290  for  each  million.  In  1860  the 
population  was  31,44:1,321  and  the  number  of  prisoners  li>,086  01  607  for  ea.-h 
million.  In  1870  the  population  was  38,55S,371  and  the  number  of  prisoners 
32,901  or  853  for  each  million.  In  1880  the  population  was  50,155,738  and  the 
number  of  prisoners  58,609  or  1,169  for  the  million.  The  increase  in  the  number 
of  criminals  from  1880  to  1890  has  probably  been  quite  as  great  as  in  the  pre- 
vious decades. 

Of  those  in  prison  in  1880,  as  stated  above,  1,244  were  convicted  of  offences' 
against  the  goverment ;  398  of  otiences  against  the  currency  ;  14  of  offences 
against  the  election  law ;  149  of  offences  against  the  postal  law  ;  292  of  offences 
against  the  revenue;  9,663  of  offences  against  society;  10,887  of  offences  against 
the  person  ;  31,365  of  offences  against  property  ;  10  of  offences  committed  on 
the  high  seas  ;  and  1,380  of  what  are  cla.ssed  as  miscellaneous  offences. 

Of  those  convicted  of  offences  against  the  {)erson  3,724  were  found  guilty  of 
"  Homicide-murder  "  and  883  of  manslaughter. 

8,865  were  convicted  of  burj^lary  at  common  law  ;  288  of  burglary  recognised 
by  Statute  ;  1,736  of  robbing  ;  9,563  of  larcency ;  4,437  of  grand  larceny  ;  1,774 
of  petty  larceny  ;  1,294  of  horse-stealing;  261  of  embezzlement;  1,139  of  for- 
gery anrl  counterfeiting;. 

58,609  given  in  the  tables  from  which  v.'e  have  taken  these  figures  as  the 
number  of  persons  in  prison  in  1880,  must  have  been  the  number  in  the  peniten- 
tiaries and  other  prisons  on  the  day  on  which  the  census  was  taken,  as  in  anotlier 
table,  we  are  told  that  on  June  1st,  1880,  there  were  in  the  prisons  of  the  United 
States,  5,657  awaiting  trial ;  52,394  serving  out  their  sentences  ;  80  awaiting 
execution  ;  520  awaiting  removal  to  higher  prisons  ;  80  held  as  witnesses  ;  42 
imprisoned  for  debt ;  397  imprisoned  for  insanity.  2,162  were  United  States 
prisoners. 

Of  the  52,394  prisoners  serving  out  their  sentences,  30,655  were  in  the 
penitentiaries,  6,975  in  county  gaols,  1,194  in  city  prisons,  7,885  in  workhouses, 
486  in  military  prisons,  350  in  asylums  for  the  insane,  and  4,879  were  leased  out. 


31 


Of  those  in  the  penitontiaries,  S'^  were  sentenced  to  death,  1,015  to  imprisonment 
for  life,  80,316  for  a  term  of  years,  1 1,100  for  a  term  of  days,  and  2,031  were 
committed  for  non-payment  of  fines.     Tiie  sentences  of  7,19.S  are  not  stated. 

The  number  sentenced  to  imprisonment  foi*  not  less  tlian  one  year  was 
31,925.  Of  these  2G,9-''l  wire  sent  to  peidtentiaiies,  ."»S0  to  county  gaols,  U  to  city 
prisons,  309  to  workhouses,  4GS  to  militjiry  pri.-ons,  2:^1  to  insane  hospitals  and 
3,435  were  leased  out.  3,G47  were  sentenced  to  one  years'  in.prisonment ;  G,028  to 
two  years  ;  5,026  to  thne  }  ears' ;  2,36-")  to  fonr  years' ;  5,112  to  five  years';  1,021 
to  six  years';  1,291  to  seven  years';  653  for  eight  years  ;  206  for  nine  years  ;  2,31(> 
for  ten  j-ears  ;  i^GoS  for  tei-ms  exceeding  ten  years  and  1,615  tV)r  life. 

The  number  of  prisoners  sentenced  to  imprisonment  ior  short  terms,  averag- 
ing 197  days,  was  11,160,  of  whom  1,243  were  .'-ent  to  the  penitentiaries,  3,257  to 
county  gaols,  534  to  city  prisons,  5,834  to  workhouses,  5  to  military  prisons,  9  to 
insane  hospitals  and  27S  were  leased  out. 

The  total  number  imprisoned  in  penitentiaries,  gaols  and  workhouses  for  non- 
paj'ment  of  fines  was  5,17<S.   It  is  remarkable  that  even  of  these  1 1 9  were  leased  out. 

The  total  number  in  reformatories  was  11,468,  of  whom  2,210  were  females. 
The  police  returns  for  the  cities,  having  5,000  or  more  inhabitants,  shew  that  the 
population  of  those  cities  in  1880  was  12,699,181,  that  the  number  arrested  in 
them  during  the  year  was  567,731  and  the  number  of  lodgers  in  station  houses 
was  557,760. 

It  is  much  to  be  regretted  that  the  census  returns  for  1890  have  not  yet  been 
published,  as  the  information  they  will  contain  would  probably  prove  much  more 
valuable  for  our  purpose  than  that  furnished  by  the  returns  of  1880. 


Massachussetts. 

The  population  of  Massachussets  accordingtothecensus  of  1890  was  2,238,943. 
As  this  po|iulaiion  approximates  very  closely  in  number  to  that  of  Ontario  ;  and 
the  condition  of  the  people  is  much  the  same  and  the  criminal  statistics  are  pre- 
pared on  a  system  nearly  similar,  an  examination  for  the  purpose  of  com- 
parison will  prove  interesting  and  valuable. 

The  total  number  of  persons  charged  with  offences  before  the  police,, 
municipal  and  di.-itrict  courts  and  trial  justices  of  Massachusetts,  including  also 
the  cases  brought  before  grand  juries,  for  the  year  ended  30th  September,  1889. 
was  85,486.  Of  this  number  68,390  were  convicted  and  sentenced,  as  compared 
with  22,527  convicted  and  sentenced  during  the  same  year  in  Ontario. 

The  number  of  persons  committed  to  all  the  prisons  of  Massachusetts  foi' 
the  same  year  was  38,603,  as  compared  with  11,893  for  Ontario. 

The  commitments  were  to  gaols  3,191  males  and  506  females  :  total 
3,697:  to  the  houses  of  correction,  13,683  males  and  1,323  females:  total 
15,006:  to  the  Boston  house  of  industry  11,750  males  and  2,476  females: 
total  14,226:  to  the  State  farm  289  males  and  5  females:  to  the  State  prison, 
133  males  ;  to  the  Massachusetts  reformatory  for  men,  532  ;  to  the  reformatory  for 
women,  206  :  3,412  persons  were  committed  to  gaol  for  non-payment  of  fines  and 
costs  and  285,  of  whom  67  were  females,  on  term  sentences.  In  the  houses  of 
correction  10,721  were  received  for  non-payment  of  fines  and  4,285,  of  whom  437 
were  females,  were  received  on  term  sentences. 

The  total  number  of  "  prisoners  received  and  discharged  in  all  the  prisons  of 


32 


the  Commonwealth  for  the  year  ending  September  30th,   1889,"  is  «[iven  as  fol- 
lows in  the  report  of  the  prison  commissioners: — 

Number  of  prisoners  remaining  Sept.  30th,  1888 ;5,6!)8 

Committed  by  courts  during  the  year. 3<S,603 

Returned  by  revocation  of  permit 77 

Returned  from  escape   1-5 

Returned  from  lunatic  hospital    1 

Surrendered  by  bail 1 

Transferred  from  other  prisons    1,548 

Total    45,944 

Of  these  38,191  were   discharged  by  expiration  of  sentence,  or   by  permit 

and    payment    of   fines,    1,540   were  "transferred   to   other  prisons,"   and   6,008 

remained  in  the  prisons  on  Sept.  30th,  1889. 

The  number  confined  in  all  the  prisons  of  the  State  on  the  80th  of  September  of 

each  year,  from  1879  to  1889,  inclusive,  were — 


Year. 


Gaols. 


Houses  of 
i  Correction 


1879 

507 

1781 

1880 

460 

1610 

1881 

489 

1671 

1882 

513 

1690 

1883 

501 

1769 

1884 

531 

2014 

1885 

691 

2006 

1886 

602 

1837 

1887 

547 

1990 

1888 

673 

2216 

1889 

683 

2490 

Total. 


2288 
2070 
2160 
2203 
2270 
2545 
2697 
2439 
2537 
2886 
3173 


I  \  Houses  of 
'    Industry. 


State         State     !  Reformatory  Reformatory 
Prison.        Farms.  I  for  Women.      for  Men 


1 

1   770 

756 

574 

720 

1    741 

661 

751 

650 

824 

567 

883 

560 

1230 

492 

1033 

.541 

1185 

533 

1185 

564 

1242 

564 

206 

140 

102 

87 

59 

76 

106 

82 

92 

134 

159 


380 
317 
229 
244 
261 
324 
281 
258 
225 
242 
244 


Total. 


538 
660 
774 
687 
626 


4400 

I  3821 

3693 

!  3935 

I  3981 

I  4388 

5344 

1  5013 

5346 

5698 

6008 


The  number  of  prisoners  confined  in  the  State  prison  of  Massachussetts  is 
relatively  smaller  than  the  number  confined  in  the  English  convict  piisons 
or  in  the  King.ston  penitentiary  ;  but  in  England  all  who  are  sentenced  to 
imprisonment  for  more  than  two  years  are  sent  to  the  convict  prisons,  as  in 
Ontario  prisoners  sentenced  to  more  than  two  years  imprisonment  are  sent  to  the 
penitentiary,  and  there  is  neither  in  England  nor  in  this  province  any  institution 
corresponding  to  the  reformator}'  for  males,  at  Concord,  Massachusetts,  or  to 
the  State  farm. 

Of  the  003  prisoners  committed  to  the  Massachussetts  reformator}^  for  men  in 
1889  under  indeterminate  sentence  197  were  convicted  of  crimes  the  maximum 
statutory  penalty  for  which  is  two  years,  329  of  crimes  the  maximum  penalty 
for  which  is  five  years,  and  five  had  committed  crimes  the  penalty  for  which 
ranges  from  7  to  25  years.  Of  the  206  committed  to  the  reformatory  for 
women  during  the  year  92  were  committed  for  drunkenness  and  114  for  other 
offences  The  average  of  all  the  sentences  in  that  institution  was  one  year  and  four 
months.  Making  a  fair  allowance  for  the  prisoners  convicted  of  the  more  serious 
offences  who  were  confined  in  these  reformatories  and  on  the  State  farm,  and  tak- 
ino-  into  account  also  the  162  prisoners  sentenced  to  imprisonment  in  the  houses 
of  con-ection  for  two  years  and  upwards  it  will  be  found  that  the  number  under- 
croino-  sentence  for  the  greater  crimes  in  Massachusetts  is  proportionately 
larger  than  the  number  of  convicts  in  England  and  Wales,  much  larger  than  the 
number  in  the  penitentiary  of  this  province  and  very  much  larger  than  the  num- 
ber of  Scotch  convicts  including  those  sent  to  the  English  prisons  or  of  the 
convicts  in  the  prisons  of  Ireland. 


33 


Of  those  sent  to  the  houses  of  ccrrection  993  males  and  131  females  were 
sentenced  to  more  than  six  and  less  than  twelve  months  imprisonment ;  342  men 
and  39  women  to  more  than  one  and  less  than  two  yeais  ;  123  males  and  8 
females  to  two  years  and  less  than  three,  and  29  males  and  5  females  to  more  than 
three  years  and  less  than  five  years.  So  that  in  these  prisons  1,631  prisoners  were 
underojoing  sentence  of  from  six  months  to  three  years  and  34  sentence  of  less 
than  thiee  and  more  than  five  years. 

On  the  same  day  there  were  altocjether  352  in  the  Ontario  Central  prison  and 
S8  in  the  Mercer  reformatory  ;  but  of  those  in  the  Central  prison  nearly  one-half 
were  undergoing  sentences  of  less  than  six  months  imprisonment.  None  are  sent 
to  the  Central  lor  a  period  longer  than  two  years. 

The  total  number  of  prisoners  in  all  the  penal  institutions  of  Massachussctts 
on  September  30th.  1»89  was  6,008. 

The  total  number  in  the  Kingston  penitentiary,  the  Central  prison,  the 
Mercer  reformatory  for  women  and  the  common  gaols  of  Ontario  at  the  close  of 
the  official  year  was  1,688. 

The  total  number  in  the  convict  and  local  prisons  of  England  and  Wales  on 
March  31st,  1890  was  19,972  :  viz.,  convicts  5,583,  others  13,475. 

In  explanation  of  the  large  number  of  persons  imprisoned  for  minor  offences 
in  Massachusetts  it  has  been  said  that  the  Legislatuie  or  General  Court  of  that 
State  devotes  great  part  of  every  session  to  the  raanuf;icture  of  misdemeanors. 
It  is  also  alleged  that  the  police  are  more  vigilant  and  the  magistrates  more  dis- 
poned to  severity  tlian  in  other  countries.  The  extraordinary  number  of  the  gaol 
and  prison  population  can  scarcely  be  accounted  for  in  that  way. 


Minnesota. 

In  the  States  of  the  North  West  the  proportion  of  criminals  and  misdemean- 
a,nts,  as  siiown  by  the  official  reports,  is  n>t  so  large  as  in  the  older  Eastern 
States.  The  p 'pulation  of  Minnesota  in  1.S80  was  780,779.  In  June,  1885,  its 
inhabitants  numbered  1,117,798,  according  to  a  State  census.  If  it  continued  to 
increase  at  the  same  rate  the  population  last  year  must  have  been  about  1,500,000. 

The  Board  of  State  Charities  of  Minnesota  report  that  there  were  in  the 
State  prison,  October  3 1st,  18N6,  381  prisoners  ;  October  31st,  1887,  418  prisoners, 
and  October  31.st,  1888,  403,  and  that  about  200  cells  were  empty  at  the  date  of 
thb  report.  1,627  persons  were  sentenced  to  the  Minneapolis  workhouse  during 
the  year,  of  whom  only  191  were  sentenced  foi-  more  than  30  davs  ;  and  2,148  were 
«!ent  to  the  St.  Paul  workhouse,  of  whom  234  were  sentenced  for  more  thas  30 
days  but  only  23  for  more  than  90  days.  In  the  year  1N87  2,398  males,  and  115 
females  passed  throuj^h  the  gaols  of  the  State,  and  of  these  176  males  were  sent  to 
the  State  prison. 

Comparative  Statement. 

In  the  preparation  of  the  following  table  absolute  accuracy  was  found 
impossible,  because  the  criminal  statistics  are  prepared  veiy  differently  in  the 
countries  named,  even  the  close  of  the  year  for  which  the  reports  are  made  up 
being  different.  But  it  will  be  found  substantially  correct  and  it  will  serve  to 
show  the  I'elative  condition  of  ciime  and  the  relative  proportion  of  criminals  in 
Great  Britain  and  Iieland  ;  in  the  state  of  Massachusetts,  and  in  Ontario 
It  should  be  remarked  that  the  later  returns  show  as  is  stated  elsewhei'e,  that 
the  number  sentenced  to  penal  service  in  Scotland,  was  still  further  reduced  last 

3  (P.c.) 


34 


year:  that  this  is  probably  true  of  Iielan<l  also,  an<l  that  the  official  repoits  of 
Massachusetts  <lo  not  furnish  ihi  inforinatim  necessaiy  for  a  couipanson  in 
Bome  cases.  Our  etf'oit^  to  olitain  full  iiiformation  as  t>  the  number  of  thy  crim- 
inals in  the  state  of  New  York  were  unavailing.  To  the  number  in  the  state 
prisons,  large  as  it  is,  should  be  a<hle(l  the  ninn.er  in  tlie  reformatory  at  Eimira, 
who  have  been  convicted  of  felonies,  and  the  very  large  number  in  the  peniten- 
tiaries Wi,o  are  unilergoing  .sentences  of  more  than  two  years.  In  the  English, 
Scotch  and  I.'ish  reports,  tlios-^  accused  of  larceny  who  are  tried  .summarily  are  not 
classed  as  criminals.  In  Ontario,  nearly  all  charged  with  larceny  are  tiled 
summarily. 


Population  in  1889 

To'al  nuiuberof  persons  convicted  of  ofifencPB  of  all 
kiiid-i 


Percentage  of  population 

TotaJ  number  passed  througb  the  gaols  daring  the 
year 


Percentage  of  population 

Total  nnmber  sent  to  local  prisons  or  gaols  to  under- 
go teenlence  during  the  year 


Percentage  of  population 

Daily  average  in  all  prisons  and  gaols 

Pf rcentage  of  population 

Number  in  all  prisons  at  close  of  the  year . . 

Percentage  of  populati>  n 

Number  in  convict  prisons  at  close  of  year. 
Percentage  of  population 


England 

Mild 
Wales. 


29,015,613 

711,894 
2.45 

185,024 
.638 

145,268 

.50 

14,389 

.049 

13,745 

.047 

5,583 

.019 


Scotland. 


3,956,872 

100,971 
2.5 

54,297 
1.35 

44,701 

1.12 

2,25 

.056 

2,18:) 

.057 

423 

.011 


Ireland. 


4,837,313 

182,787 
3.77 

43,148 

.89 

40,866 

.84 

2,643 

.053 

2,409 

.049 

578 

.012 


Ontario. 


Massa- 
chusetts. 


2,230,000     2,238,94a 


22,527 
1.00 

12,531 
.569 

7,692 

.35 

1,688* 

.075 

1,0^8 

.076 

573 

.026 


68,390 
3.07 

88,603 
1.71 

84,094 

1.5 

6,008' 

2. 69 

6,008 

.268 

585 

.026 


*The»e  are  the  liUUibers  in  pd-on  on  September  30th,  1889. 

THE  CAUSE  OF  CRIME. 

The  mo'-t  important  of  the  subjects  into  which  the  commissioners  were 
e'jpecially  dir.  creil  to  en(iuire  is  "  the  cause  of  crime."  It  is  also  one  of  the  most 
difficult  to  deal  with.  The  commissioners  found  that  the  opinicmsof  witnesses  on 
this  subject  were  largely  inliuenced  by  the  views  whicli  thi-y  enter- 
tained on  the  great  social  questions  that  have  occupied  public  attention  of 
late  years  and  by  the  ciicumstances  in  which  they  were  themselves  placed.  Those 
who"  have  had  much  experience  of  life  in  cities  and  lar^e  towns  expressed 
oj)inions  very  diHerent  from  those  who  live  in  rural  districts.  Some 
who  have  been  actively  engaged  in  various  reform  movements  were  very  prompt 
and  decided  in  their  expressions  of  opinion.  Men  of  great  experience  who  have 
devoted  many  years  to  the  study  ot  this  and  kindred  questions,  and  who  have 
done  much  to  lessen  the  number  of  criminals  and  reduce  the  volume  of  crime, 
spoke  with  doubt  and  hesitation  when  questioned  on  this  subject  and  in  most 
cases  expressed  views  differing  widely  from  those  of  the  less  experienced 
ttnthu^asts. 


3  5 


To  un'lerstand  fully  the  scope  of  the  enquiry  and  the  meaning  of  the 
answers  which  are  especially  entitled  to  consi deration  we  should  know  what 
tho^e  who  di>eu-<s  suc-h  subjects  rej^ard  as  eriuie. 

Sir  James  F  Stephery.  a  hi^h  authority,  in  his  history  of  the  Criminal  Law  of 
Engla-id,  pulilisheil  ia/ifci.^3  says,  (vol.  2,  p.  70,)  "  The  only  perfectly  definite 
meiudng  which  a  la^A;5*er  can  attach  to  the  vvor<l  is  that  uf  an  act  or  omission 
puni^>hed  by  law."  /He  n  niark>  that  "  the  popular  or  moral  concepticm  adds  to  this 
the  notion  of  iiipfal  guilt  of  a  specially  deep  and  degrading  kind.  By  a  criminal, 
people  in  gene/iji^ understand  not  only  a  person  who  is  lial)le  to  be  punished,  but 
a  person  wJK/ought  to  be  punishe<l  because  he  has  done  sometliing  at  once  wicked 
and  obviudsly  inJMii-.us  in  a  high  degree  to  the  commonest  interests  of  society. 
Perhaps/the  most  inteiesting  qu.-stion  connected  with  the  whole  subject  is  how 
far  lh/>e  views  respectivtly  ought  to  regulate  legislation  on  the  sulject  of  criiue." 
He^oscjasses  this  qmstion  and  concludes  that  "  in  the  tirst  place  criminal  law 
miistfroin  the  nature  of  tiie  case  be  far  nair>)wer  than  morality.  *  *  It 
never  ent-ietl  into  the  head  of  any  En^^lish  legislator  t )  enact,  or  of  any  EnglisITl 
cour^  to  hold,  that  a  man  could  be  indited  or  punished  for  ingratitude,  for  hard- 
he  i^^duess,  for  the  absence  o\  nituralatte^tion,  f  )r  hahitual  idleness,  for  avarice, 
seQSiialiLv,  pride^r.  in  a  word,  for  any  vice  whatever  as  such  ''  1 

Tiiese  "  vices  '  liowe\er    are  in  many  cases  thej;6qts  or  germs  of  the  greater 
offences_caJled"ci'imes   and  must  be  so   regarded  m  any  enquiry  into  the  causes." 
of  ciiine^lneant  to  l,e  pracnca!  '  ~~ 

Judge  Sanfwrd  M.  Green,  of  Michigan,  who  has  devoted  a  great  part  of  a 
lon:i:  life  to  the  stu  ly  of  the  causes  of  crime  and  the  best  means  of  reducing  its 
Volume  in  liis  work  on  "Crime,  its  causes,  treatment  and  prevention,"  puMished 
last  year,  says,  "  Crime  is  said  to  consist  of  thnse  wrongs  which  the  government 
notices  as  inj  irious  to  the  public  and  puiii  hes  in  what  is  called  a  ciiniin il  pro- 
ceeding in  it-^  own  name.  A  crime  or  misdemeanour  has  also  been  delined  to  be. 
'  an  act  Committed  or  omitted  in  violation  of  a  pubdc  law  forbidding  or  corn- 
man  lin«r  it'"  He  very  properly  lesulvcd,  however,  in  dealing  with  his  sui»ject 
"not  to  be  limited  to  what  the  laws  treat  as  crime,"  but  to  include  as  within  the 


meaning  of  that  term  all  wrougs  committed  against  persons  and  property,  public  i 
health,  iii>tice,  decencyand  morali  y  _whet  her  i'oi  bidden  by  a  piiljliclaw  or  not.  V. 
The  prominent  peiiologisis   of   the    Unite<l  Stites    when  they  use  the~word 


crime  generally  mean  wliat  are  known  as  felonies  and  when  they  speak  of 
criminals  mean  those  who  have  cominiited  felonies,  and  in  some  cases  those  also 
who;  although  they  commit  only  such  offences  as  are  called  ndsdemeanours,  live 
by  preying  upon  society. 

Mr.  Havelock  Ellis  who  is  by  many  regarded  as  a  high  authority,  in  his 
work,  '*  The  C  iminal,"  published  this  year  in  London,  divides  criminals  into 
classes  which  he  characterises  as  politiC'd  crimindl.s,  the  victims  of  an  attempt 
by  a  more  or  less  despotic  government  to  preserve  its  own  stability;  criminals  by 
passion,  m-n  of  wh(desome  birth  and  honest  liie  who  under  stress  of  some  great 
unmerited  wnmg  have  wrought  justice  for  themselves,  and  who  never  become 
recidivi.-.ts  ;  insane  criminals,  wiio  being  in  a  condition  of  recognisable  mental 
alienation  perform  some  flagrantly  anti-social  acts  ;  instinctive  criminals,  who 
in  their  lully  developed  foim  are  moral  monsters  in  wdiom  the  absence  of  guiding 
or  iuiiibitmg  social  instincts  is  accompanied  by  unusual  develi>pment  of  the 
sensual  and  self->eeking  impulses,  and  occasional  criminals,  in  whom  the  sensual 
instincts  need  not  be  stronger  than  usual  and  the  social  elements  though  weaker 
than  usual  need  not  be  ai)sent.  Weakne-'S  is  the  chief  characteristic  of  the 
occaoional  criminal.     He  sticcumbs  easiIy"to  tg^itation^     Occasional  crime  is  one. 


36 


•©f  the  commonest  forms  of  crime.  The  occasional  criminal,  ai'led  on  the  one 
hand  by  neglect,  on  the  other  by  the  hot-bed  of  the  prison  often  develops  into 
the  habitual  criminal. 

In  classifying  the  worst  criminals  as  instinctive,  Mr.  Ellisseems  toput  the  theory 
«f  heredity  in  another  form.  He  virtually  spates  that  there  are  some  naturally 
more  prone  to  crime  and  more  dev^oid  of  guiding  and  inhibiting  instincts  than 
the  gnnerality  of  mankind.  This  is  very  different  from  the  doctrine  that  moral 
weakness  and  a  propensity  to  evil  are  the  inheritance  of  all  men.  Mr.  P^llis  quotes 
the  saci  ed  scriptures  to  prove  that  the  hereditarycharactnrof  crime  and  tbe"organic 
penalties  of  natural  law"  were  recognised  by  the  Hebrews :  and  he  quotes  the 
sa\in4  of  Plutarch,  "that  which  is  engendered  is  made  of  the  very  substance  of 
the  generating  being  so  that  he  bears  in  him  something  which  is  very  justly 
puni.sh>'d  or  recompensed  for  him,  for  this  something  is  he,"  to  prove  that  they  were 
recognised  by  other  nations  of  antiquity  ;  but  he  does  not  go  as  far  as  other 
writers  of  the  same  school,  for  he  says,  (p.  91,)  "  There  are  two  factors  it  must  be 
rememl)ered  in  criminal  heredity  as  we  commonly  use  the  expression.  There  is 
an  element  of  innate  disposition  and  there  is  the  element  of  contagion  from 
social  environment.  *  *  Practically  it  is  not  always  possible  to  disen- 
tangle those  two  factors  ;  a  bad  home  will  usually  mean  something  bad  in  the 
heredity  of  the  strict  sense.  Frequently  the  one  element  alone,  whether  the 
heredity  or  the  contagion  is  not  sufficient  to  determine  the  child  in  the  direc- 
tion of  crime."  In  another  passage  he  savs,  "  The  inHnence  of  heredity,  even  in 
the  strict  sense  of  the  word,  in  the  pro'luction  of  criminals,  does  not  always  lie 
in  the  passing  on  of  developed  prcclivities.  Sometimes  a  generation  of  criminals 
is  merely  one  stage  in  the  progressive  df^generati'm  of  a  family.  Sometimes 
erime  seems  to  be  the  method  by  which  the  degenerating  organism  seeks  to 
escape  from  an  insane  taint  of  the  parents."  In  the  Elmira  reformatory  499  or 
18.7  per  cent,  have  been  of  insane  or  epileptic  heredity.  Of  23o  prisoners  at 
Auburn,  JS.Y.,  23  03  per  cent,  were  clearly  of  neurotic  (insane  epileptic,  etc.,) 
origin;  in  reality  many  more.  Vii-gilio  foun'i  that  It^o  out  of  206  criminals  were 
affected  by  diseases  that  are  usually  hereditary.  Ro.ssi  found  that  of  71  criminals, 
5  had  insane  parents,  6  bad  insane  brothers  and  sisters,  and  14  more  distant 
relatives  were  insane.  Kock  found  morbid  inheritance  in  46  per  cent,  of  criminals. 
Marro  found  the  proportion  77  per  cent.,  and  by  taking  into  considei-ation  a  large 
range  of  abnormal  characters  in  the  parents  the  proportiimof  criminals  with  bad 
heredity  rose  to  90  per  cent.  An  unusually  large  pronortion  of  the  parents 
had  died  from  cerebro  spinal  diseases  and  from  phthisis.  Sichard  examining 
nearly  4,000  German  criminals  in  the  prison  of  which  he  is  director,  found  an 
insane  epileptic  suicidal  and  alcoholic  heredity  in  36.8  per  cent,  of  the  incen- 
diaries ;  in  32.2  per  cent,  of  the  thieves  ;  in  28.7  per  cent,  of  the  sexual  offenders. 
Penta  found  amongst  the  parents  of  184  criminals,  only  4  to  5  percent,  who  were 
(juite  healthy.  Mi.  Ellis  cites  amongst  many  others  the  case  of  the  notorious 
Jukes  family  in  ,'upy)ort  of  his  views.  Margaret  Jukes,  according  to  one  account, 
had  200  descendants  who  were  criminals,  besides  great  numbers  of  idiots, 
drunkards,  lunatics,  paupers  and  prostitutes.  According  to  Mr.  Drydale 
the  descendants  of  this  woman  in  .seven  generations  numbered  five  hundred 
and  forty  and  169  others  were  related  to  her  by  marriage  or  otherwise.  Of 
all  these  "  280  were  aduit  paupers,  140  were  criminals,  guilt\'  of  murders, 
thefts,  highway  robberies  and  nearly  every  kind  of  offence  known  in  the  calendar 
of  crime."  Mr.  Ellis  does  not,  however,  go  as  far  as  some  theorists  and  contend 
that  nothing  can  be  done  to  reform  the  criminal  or  to  save  the  children  of 
criminals  from  a  life  of  crime.  Education,  he  admits,  may  do  much ;  not 
indeed  the  mere  intellectual  rudiments  which  have  very  little  influence  in  pre- 


37 


venting  crime  though  they  may  have  a  distinct  influence  in  tiiodifying  iin 
forms,  "  but  an  education  that  is  as  much  physical  and  moral  as  intellectual, 
an  education  that  enables  him  who  has  it  to  play  a  fair  pait  in  social  life.' 
He  further  says,  "  an  education  must  include  provision  for  the  <letection  and 
treatment  of  abnormal  children  We  can  not  catch  our  criminals  too  young. 
Taverni  has  found  that  criminals  in  childhood  are  marked  especially  by  their 
resistance  to  educational  influences.  It  is  our  duty  and  our  interest  to  detect  such 
refractory  and  abnormal  children  at  the  earliest  period,  to  examine  them  care- 
fully, and  to  insure  that  each  shall  have  the  treatment  best  adapted  to  iiim."'  He 
•ven  says,  (p.  301,)  that  "every  society  has  only  the  criminals  it  deserves." 

We  have  quoted  from  the  work  of  Mr.  Ellis  at  much  length,  because  he 
admittedly  expresses  the  views  of  a  large  and  important  section  of  those  who 
make  the  causes  of  crime  a  special  study.  Some  go  much  farther  and  con- 
tend that  those  who  belong  to  families  long  steeped  in  crime  ai'e  absolutely 
irreclaimable.  One  of  the  witnesses  who  appeared  before  the  connnission, 
a  specialist  of  considerable  observation  and  experience,  held  that  the 
tendency  to  crime  is  hereditary  as  are  the  formation  of  the  body,  the  cast 
of  features,  the  color  of  the  eyes  or  of  the  hair,  the  tone  of  voice  and  other 
physical  pecularities,  and  that  this  tendency  is  almost,  if  not  quite,  irresistible 
and  ineradicable.  He  did  not  speak  of  the  degeneracy  of  lamilies  manifest- 
ing itself  in  crime  as  Mr.  Ellis  does.  His  theory  was  that  mankind  as  a  wliole 
is  steadily  progressing,  that  each  generation  adds  to  the  stock  of  general 
knowledge  and  thus  contributes  to  the  improvement  of  the  race,  but  that  some 
do  not  keep  pace  with  the  maich  of  civilization.  These  retain  many  of  the 
characteristics  of  their  savage  forefathers  and  in  many  respects  bear  strong: 
resemblance  to  the  savages  of  our  own  time,  as  in  the  strength  of  their  pas- 
sions, the  want  of  self-control  and  the  weakness  or  absence  of  moral  sense. 
When  asked  to  explain  why  the  children  of  criminals  sometimes  s  em  to  lead 
honest,  virtuous  lives,  he  said  that  it  was  but  seeming,  and  that  .sooner  or 
later  these  also  would  connnit  crime,  although  not  necnssarily  such  crimes  a» 
their  fathers  or  other  relativ^es  had  conimirted.  When  asked  to  explain  why 
the  children  of  virtuous  parents  sometimes  become  great  criminals,  he  said 
that  although  the  parents  may  not  have  actually  committc'l  crime,  it  would  be 
found  on  careful  enquiry  that  sonie  members  of  the  family,  perhajts  m  a  pre- 
vious generation,  had  been  criminals.  Where  that  is  not  the  case  the  fall  of 
such  persons  must  be  attiibuted  to  "  atavism,"  by  which  he  meant  that  lia!)ility  to 
lapse  into  the  condition  of  the  unimproved  animal  which  is  sometimes  found  in 
the  best  bred  cattle.  It  was  natural,  that  h(jlding  such  views  this  witness  should  be 
of  opinion  that  the  only  efl'ectual  mode  of  repressing  or  reducing  crime  was  to 
shut  up  all  the  criminals,  so  that  they  could  do  no  further  mischief  and  cuid 
not  propagate  their  kind.  Som-  thing  may  be  dcme  wiih  the  children  of  criminals 
if  they  were  removed  from  their  evil  environment  at  a  very  early  age  and  very 
carefully  educated,  but  even  when  all  this  was  done,  he  thought,  the  chances  of 
their  becoming  good  men  and  women  were  very  small.  However,  he  admitted 
that  the  attempt  to  save  them  should  be  ma  'e. 

Mr.  Vaux,  a  well-known  student  of  criminal  science,  in  the  report  of  the 
inspectors  of  the  State  Penitentiary  of  Pennsylvania  for  18.S7,  p.  118,  say .s, 
"inherited  crime  cause  and  a  crime  class,  the  result  of  hereditary  taint,  are  already 
demonstraterl.  The  statement  given,  (a  statistical  table),  proves  that  many  per- 
sons are  criminals  by  reason  of  transmitted  moral  delects  of  character  peculiar  i<> 
families  and  traceable  to  transmitted  C(mditions." 

Charles  Dudley  Warner,  in  a  paper  read  at  the  Atlanta  meeting  of  the 
National  Prison  Congress,  after  stating  that  crime  and  the   number  of  ciiminaU 


ss 


in  the  United  States  was  increasinrj  faster  than  the  population,  expressed  as 
follows  the  views  of  the  section  of  social  reibrmeis  who  hold  such  opuious, 
p,  272. 

"  The  time  is  at  hfind  when  society  will  be  compelled  to  take  deci  led  and 
TaHical  m'^asuies  for  the  repression  of  the  criminal  class  and  against  its  |wopa- 
pation.  Thfey  say,  as  a  matter  ot"  liistoiical  observation,  that  the  present  civiliza- 
tion in  England  and  i^nierica  would  not  hive  been  possib'e  but  for  the 
elimination  of  the  vicious  diss  of  bid  b'o  >d  by  various  violent  processes 
during  several  centuries  in  Englaml,  They  refer  not  so  much  fo  war  an  I  pesti- 
lence which  swept  awjiy  to  some  denree  go  nl  as  well  as  bad  eleui^-nts  in  society, 
but  to  the  ca  iU\l  laws  against  petty  ciminals  and  vagrants.  Thes^  laws  were 
barbarous.  There  wa^  the  same  death  penalty  for  snaring  a  hare  or  stealing 
a  loaf  of  bread  as  for  takin  r  a  purse  on  the  higliway  with  the  added  ceiemonv  of 
murdering  its  owner.  England  swfirmed  with  merclnnts  who  weiH  all  thieves, 
with  vagabm'ls  associated  and  classihed  in  i-anks  and  or  leis,  id  e  law  breakers  of 
every  fanciful  desiL'nati  m.  *  *  En'..dand  bristled  w'th  gihbets;  the  tiee 
that  bore  the  most  fruit  in  that  damp  climate  was  the  gallows  tree  ;  the  number  of 
executions  was  enormous. 

"  Now  these  barbarous  laws  did  not  repress  crime  ;  they  are  believed  by  many 
to  have  increased  it,  Imt  it  is  undeniable  thnt  thev  did  eliminate  a  vast  amount 
of  bad  blood  from  the  body  politic:  that  they  did  f^xtirpate  a  great  mass  of 
criminals  root  and  braneh  and  prevent  the  propagation  of  t'nir  kind.  So  that 
when  the  severe  laws  which  tended  to  make  ihe  viciously  inclined  criminal  were 
gradually  repealed  the  new  civilization  had  sensibly  less  of  the  bad  element  to  deal 
with."  For  the  United  States  he  said,  "there  is  no  doubt  that  the  elimituition 
of  desperate  characters,  the  profession il  criminds,  the  Apaches  of  our  civilization, 

*  *  who  have  no  occupation  hut  to  prey  upon  society  is  muc'i  t>  be 
desired.  These  persons  are  not  simply  useless,  *  *  they  a'e  hostilos- 
enemies  of  the  race.  So  \>>n^  as  they  remain  and  propagate  their  kind  they  are 
the  mo^t  expensive  element  in  society  and  the  most  dangerous."  Bur.  he  con- 
clude', "  I  believe  in  heredity,  that  is  in  the  transnussion  of  qualities  and 
appeti'^es  and  traits  and  tendencies,  but  I  do  not  think  we  know  enough  abou''.  it 
to  njake    it    the    basis  of    legislation   for   the   extirp-ttion  of   the  criminal  class. 

*  *  Tt  nee'ls  Otiniscience  to  tell  who  wdl  not  become  a  criminal  a  id  what 
criminal  is  absolutely  irreclaimalde.  I  think  it  is  evident,  t'leretore,  th  it  in  our 
attempt  to  extirpate  criminals  we  tnnst  deal  with  them  as  individual  men  and 
women  and  not  with  classes."  He  ]^r>poses  t)  put  'the  professional,  the  de'er- 
mine<l  Ciiminals  wliere  the^^can  no  longer  prey  "p  n  society  and  where  someo'  them 

*  *  may  be  refornied  atid  to  rescue  children  in  ile^rraded  circumstances  in 
which  they  are  morally  certain  to  brfcomo  criminds  or  p  lupers. 

Judge  Green,  of  Michigan,  who  believes  fully  the  doctrine  of  heredity, 
quote-  Ribot  who  savs  that  "  the  heredity  of  the  tendencies  to  thieving  is  so 
gener-illy  admitted  that  it  wouM  be  superfluous  to  bring  together  facts  which 
ab  und  in  every  record  of  judicid  proceedings."  He  cjuotes  t  e  same  author  ;is 
stating  that  "the  passion  known  as  dipso  nardi  or  aleoholism  is  so  irequently 
transmitted  that  all  are  agreed  in  consilering  its  heredity  as  a  rule."  He  also 
quo'es  Dr.  Mands'ey,  Gall  and  others  in  support  of  his  views,  and  says  that  "con- 
flicting heredities  may  exist  in  tamiies  as  in  the  cise  referred  to  l>y  G.dl 
where  the  one  from  the  mother  was  goo  I,  the  one  from  th?  faher  was  bad  and 
where  tliree  out  of  the  five  children  were  c  inihunned  to  severe  an  1  d' griding 
peiuvlties  for  thieving,  and  the  other  two  possessed  the  good  qualitie.si  of  the 
mother  and  lived  correct  lives." 


39 


Morel,  whom  some  accent  as  an  anthority,  re(r='ided  crime  as  one  of  the  forms 
taken  on  by  deg;eneratifn  in  the  ijidividunl  or  the  familx ,  an<l  defjen'-ration  he 
defined  ms  "  a  morbid  deviation  from  the  normal  type  of  hnmanitj'."  Tlie  c:inse8 
of  de-jenoration  which  he  recoijnised  were  "intoxication,  famines,  social 
environments,  nnhealthy  occnpntions,  poverty,  heredity,  patliolo'jical  tiansforma- 
atiin  and  moral  cau?es."  He  <rives  a  chief  place  to  the  miinil'old  effects  ou  the 
children  of  ;dcoholi.sm  in  the  parents.  • 

In  t'ie  annual  report  of  the  State  Industrial  School  at  Rochester,  N.  Y.. 
for  the_vear^l<SllO,  ir.  if^v^f-ati^d  that  in  seventy-six  ca-;es  — the  total  numbi^r  in  the  V 
8chool>  tjien  beinjj:  474 — the  cause  of  commitment  was  "hereditary  taint." 
"  OTtiiose  \vitness(  s  who  gave  evidence  before  the  commi>si'  n  antl  who  may 
be  regnrdcd  as  experts,  only  one  held  the  extre  ne  doctrine  of  heieditv.  Some 
thought  it  cert  lin,  otheis  thou<,rht  it  pr^il  aMe.that  the  chihben  of  drunkards  and 
of  tliose  who  lead  a  life  of  c:  inic  w<>nld  he  so  phv  sically  or  int  lli'Ctnjilly  defictive, 
that  they  would  yield  to  evil  inlluences  and  fall  into  vicious  habits  much  more 
readily  than  children  born  of  honest,  soher  parent^.  Some  shared  in  a  vaiij^ue 
way  the  "Id  and  still  popular  belief  as  to  good  and  had  st  >c-k.  Nearly  all  held 
that  the  children  of  the  worst  criminals  if  removed  in  time  from  the  evil  envir()n- 
ment  and  properly  educat<  d  may  be  saveil,  and  that  the  great  reduction  in  the 
DiimWr  o_L.ciiui^  and  criinin^sin  Gjx'aJiJ>ritian  aTi<r  Ireland  is  due  tp  tlip 
^melv  renioval— anxL  the  judicious  training  of  such  children.  ajid_notJbo  what  Mr.  r 
Dudley  Warner  c  tllsJibii  '^imination  j^f  a  vast  amount  of  b-^d  blood  from^the 
body  politic"  by  nuniberle^s"executions  ot  ciiminaTs! 

Akin  to  the  tlieo^y  of  heredity,  and  yet  different  are  the  theories  oF  thog© 
who  as-ert  on  the  authotity  of  prison  stali^tics  and  the  observations  of  scientific 
men  that  the  proportion  of  epihptics,  of  ]  ersons  who  become  insane  or  show 
symptoms  of  an  insine  tendeticy,  of  the  constitutionally  feeble,  of  the  lOiysidllj 
defective  and  malformed,  is  much  gr.  ater  in  the  population  of  prisons 
than  in  the  population  at  large.  It  is  generally  believed  that  atuongst 
habitual  ciindnals,  and  especially  those  whom  Mr.  Kd  s  cla-ses  as  "instinctive 
criminals.'  the  ci'anium  narrow  in  front  and  large  at  the  back  or  peaked,  the  narrow 
rereding  forehead,  beetling  biows,  high  cheek  bones,  large  pronunent  ears,  heavy 
lower  ja^^s,  small  deep  set  eyes,  a  hangdog  scohI  and.  restless  uneasy  turtive  ylances 
aie  fri  (pjeiitlv  to  be  seen.  The  students olcrindnal  aiit'iro]  o  ogv,  who  arechiefljr 
French  and  I'alian,  contend  that  the  tendency  to  crime  is  m  nifested  even  in  the 
Color  of  (he  hair  and  of  the  eye-*,  the  form  atid  position  of  the  n  »se,  the  sliape  and 
dimen>ions  of  the  chest,  the  comlition  of  the  mu-cles  and  otherwise,  and  Mr. 
Ellis  (juotes  Homei's  dcsci  iption  of  Thersites  to  piove  that  even  in  veiy  earlj 
times  the  belief  prevaileil  that  moral  and  intellectual  faults  and  defects  have 
such  physical  manifestations. 

The  commissioners  of  p?isons  for  England  and  Wales,  in  their  report  for 
1890,  sa}',  "As  to  the  physical  and  mental  capacity  of  the  Irequently  convicted 
prisoners,  seven  governors  cmsfderlETTem  to  he  of  a  low  and  inferior  type,  either 
physicaiiy  or  mentally,  or  hoth,  and  eight  s  ly  that  they  are  generally  sirong 
healthy  and  intellijj^ent,  with  the  iiotab'e  exception  <>f  the  drunkards  and  vigranta 
jadio  are  either  physjcaihy  or  mentally  consider  d  to  i>e  ot  a  low  sta'idaid.  iB 
probably  may  be  assumeTwith  truth,  that  a  large  ptoportion  ot  ttie  prisoners 
whose  freciuent  le-convictions  sometimes  cause  r«  mark  have  become  what  they 
are  from  had  bringing  up  and  weakness  of  character." 

Any  theory  which  leads  to  the  conclusion  that  some  are  formed  by  nature 
for  a  lile  of  ciime  and  must,  no  matter  what  their  education,  be  criminals  if  left 
free  to  act  according  to  their  instincts,  will  not  find  general  acceptance  althouyk 


40 


it  may  be  true  that   "criminals  present  a  far  larger   proportion  of  anatomical 
abnormalities  than  the  ordinary  European  population.'" 

On  the  most  thouojhtful  consideration  of  this  subject  and  careful  analysis  of 
the  evidence  taken  in  connection  with  that  branch  of  the  enquiry  the  commis- 
sioners are  led  to  the  conclusion  that  the  chief  causes  of  crime  in  the  community 
are :  , 

The  ivant  of  proper  parenial  control ;   the  lack  of  good  home  training ,o/nd 
hanefuL   influence  of  bad   homes,  largely  due    to  the  ciUpaOle  rieijlect  and 


t  L    tjj£ — QiLneiul 

I  /i    indifferejice  of  parents  and  the  evil  effects  of  drunkenness, 

*'  Tf    woo     +1 


It  was  the  almost  universal  opinion  of  all  who  gave  testimony  on  this  subjects 
and  this  is  also  the  opinion  of  such  writers  as  we  have  been  able  to  consult,  that 
the  great  majority  of  criminals  begin  their  career  of  vice  and  crime  at  an  early 
age,  and  that  where  there  are  many  juvenile  offenders  there  will  in  time  be 
many  criminals,  unless  proper  methods  of  prevention  and  reformation  be 
employed. 

It  is  shocking  to  learn  that  during  the  year  1889  five  hundred  and  twenty- 
seven  boys  and  thirty-four  girls  of  from  ten  to  fifteen  years  of  age  were  taken 
before  the  police  magistrate  in  the  City  of  Toronto  alone,  and  to  know  that  these 
were  not  all  the  children  in  that  city  whose  education  is  neglected  and  whose 
habits  are  vicious.  Bo^'s  and  girls  are  in  all  those  hundreds  or  thousands  of  cases 
allowed  to  go  where  they  please  and  do  as  they  please,  "  to  run  about  tlie  streets 
at  all  hours  of  the  day  and  night,"  as  one  witness  said,  and  to  consort  with 
those  who  have  become  familiar  with  vice  in  all  in  all  its  aspects. 

In  some  cases  parents  who  allow  their  children  thus  to  run  at  large  are 
incapable  of  exercising  any  control  over  them.  In  other  cases  the  parents  are 
both  compelled  to  work  all  day  in  order  to  maintain  their  families  even  in  the 
most  squalid  surroundings  and,  therefore,  cannot  exercise  the  necessary  super- 
risison  over  their  children.  A  widow  with  a  number  of  small  children,  w'ho 
must  work  from  morning  to  night  away  from  her  wretched  home,  can  do  little 
to  keep  her  little  ones  out  of  temptation.  But  sheer  neglt-ct  and  indifference  are 
in  most  cases  the  cause  of  the  want  of  proper  con'rol  and  training  which  L  ad  so- 
often  to  such  dreadful  consequences.  When  the  home  influences  are  positively 
bad,  as  in  too  many  instances  they  are  ;  when  the  father  is  a  drunkard,  or  worse 
still,  when  both  parents  are  drunkards,  or  are  dishonest ;  when,  as  is  too  often  the 
case,  every  lesson  the  child  receives  either  by  ]-recept  or  example  is  a  lesson  in 
rice  and  crime  the  whole  life  of  that  child  will  undoubtedly  be  a  life  o\  vice 
and  crime  unless  some  outer  influence  for  good  be  employed  in  its  behalf. 

An  eminent  United  States  authority  says  :  "  There  is  a  melancholy  tendency 
of  crime  youthward.  More  than  a  fifth  of  the  inmates  of  our  state  piisons  are 
meie  boys  ranging  from  twenty  years  down,  even  to  the  child  who  has  scarcely 
reached  his  teens." 

Intemperance — directly  and  indirectly — is  unquestionnhly  one  of  the  most 
fruitful  cau>'es  of  crime,  and  its  effects  are  whoU//  evil  Some  in  their  abhorrence 
of  drunkenness  believe  that  it  is  the  cause  of  nearly  all  the  crime  that  is  com- 
mitted. Judge  Green  states  as  the  result,  of  his  ex[)erience  of  many  years  on  the 
Bench  of  the  state  of  .Michigan,  that  four-fifths  of  a'l  the  crime  committed  is  caused 
by  drunkenness.  Others  allege  that  nine-tenths  of  all  crime  are  due  to  this  cause. 
This  may  be  true  as  to  crimes  of  violence,  but  diunkenness  is  in  many  cases  effect 
rather  than  cause.  An  English  writer  on  criminal  anthropology  sa}  s,  "  crime  and 
drink  are  intimately  bound  together,  although  we  must  beware  of  too  unreservedly 
settinof  downdrinkas  the  cause  of  crime.  Both  crimeanddrink  are  the  morbid  mani- 


41 


festations  of  organic  defects  wlii(;h  for  tl^e  most  part  precede  birth.  The  abuse 
of  alcohol  is  not,  however,  universal  amongst  criminals  at  all  events  when  any 
intellectual  ability  is  required.  It  would  not  do  to  drink  in  our  business  said  a 
criminal  to  Lambroso. 

Dr.  E.  C.  Wines  says,  the  prevailing  character  of  crime  in  America  is  hard  to 
define.  Id  the  south  and  west,  crimes  of  violence  :  in  the  north  and  east,  crimes 
of  fraud  are  most  common.  Theft  jjrevails  everywhere,  though  not  to  so  great 
an  extent  as  in  Europe.  Crimes  against  property  and  crimes  against  the  person 
are  substantially  in  the  ratio  of  three  to  one.  Intemperance  is  a  pioximate  cause  of 
a  very  large  proportion  of  the  crime  committed  in  America.  Fully  three-fourths 
of  all  the  prisoners  with  whom  I  have  personally  conversed,  in  different  parts  of  the 
country,  have  admitted  that  they  were  addicted  to  an  excessive  use  of  alcoholic 
liquor ;.  If  it  had  not  been  for  the  dram  shop,  I  should  never  have  been  here  '  is  the 
stereotyped  wail  that  issues  from  every  cell  and  swells  in  melancholy  chorus 
through  all  the  corridors  of  our  prisons."  He  once  sent  a  circular  to  the  wardens 
of  all  the  state  prisons  asking  "  what  is  your  opinion  as  to  the  connection  between 
strong  drink  and  crime."  The  answers  returned  looked  all  one  way.  J.  W. 
Pollarri,  of  Vermont,  did  but  echo  the  general  sentiment  though  he  put  it  more 
sharply  than  most  when  he  said,  "  My  opinion  is,  that  if  intoxicants  were  totally 
eradicat''d,  the  Vermont  state  prison  would  be  large  enough  to  hold  all  the 
criminals  in  the  United  States. 

Mr.  Ellis,  after  quoting  a  number  of  authorities  to  prove  that  alcoholism  in 
either  of  the  parents  is  one  of  the  most  fruitful  causes  ot  crime,  because  of  the 
cons  -quent  degeneracy  of  their  offsprinn-^  says,  the  relation  of  alcoholism  to 
cri ni in  dity  is  by  no  means  so  simple  as  is  _sometimes  thojinrbt  •  f^lf-nhnli.mri  is  fl,n 

(etfect  as  wellag  a  cause.  Itjs  partj)f  a  vicious  circle.  For  a  well  conditioned 
f  pgrs^>n  of  wEnlesome  heredity  to  become  an  inebriate,  is  not  altogether  an  easy 
'  .matter,  jt  is  facilitated  by  a  predisposition,  and^^l.£Qliolism  becomes  thus^ 
sym  ptom  asweiras  a  cause  of  degeneration  _  The  conclusions  of  Dr.  Cruthers 
"are  thHt,"~(T)  inebriety  is  itself  evidence  of  more  or  less  unsoundness:  (2)  in  a 
large  propor  ion  of  cases  it  is  only  a  sign  of  slow  and  invidious_brain  diseases : 
(3)wli'n  crime  is  committed  by  inebriates,  the  probability  of  mental  disease__is 
very  stnmg  :JT)  using  spirits  to  produce  intoxication  for  the  purpos_e_gf  cojjimitting 
crime,  is  evidence 'oiTtlie  most  dangeious  form  of  reasoning  mania.  Th^e  crime 
a"n<^l  the  iu'd^rlTty  a:re  only  symptoms  of  disease  and  degeneration,  whose  foot prmls 
can  be  trtced  back  from  a'^e  to  age,  "^r,  EHTs~adds,"  the  danger7)f~aTc<molism 
from  the  present  point  view  lie.s~iir)tln  any  mysterious  prompting  to  crime  which 
itgiv.is,  b  it  in  the  manner  in  w  lich  the  poison  lets  loose  the  individual's  natural 
or  morbid  impulses  whatever  these  may  be. 

The  hereditary  transmission  of  evil  tendencies  is  regarded  by  many  of  those 
whose  eiKiuines  have  been  directed  chielly  to  the  scientific  aspect  of  the  question 
as  an  imp  -rtant  factor  in  the  production  of  criminals.  The  evidence  goes  far  to 
prove  that  hereditary  taint  in  many  cases  renders  it  difficult  if  not  impossible  to 
resist  the  influence  of  evil  and  unwholesome  environment. 

Idleness,  that  is  a  dislike  for  tuork,  is  regarded  by  many  as  a  fruitjtd 
cawi"-  of  crime.  Those  who  are  possessed  of  means  often  become  vicious  and 
profligite  if  they  do  not  engage  in  souie  kind  of  business  sufficient  to  aff'ord  them 
occupation  ;  and  those  who  possess  little  or  no  means  and  are  unwilling  to  work 
must  cheat  or  steal  to  make  a  living.  It  is  not  poverty,  however,  so  much  as  a 
love  of  idleness  that  causes  them  to  be  dishonest.       Some  anthropologists  tell  us 


42 


that  many  criminals  are  unable  to  work  because  of  the  condition  of  their  muscles 
and  of  ihuir  nervous  system.  But  th»y  seem  to  mi-take  cause  lor  tflect.  It  is 
because  tiiey  hfive  not  been  trained  to  steady  work,  and  because  tliey  hiive  in- 
dulijed  tlieir  evil  passi'  ns,  tb;it  the  miiscnlar  and  nervous  s^  sterns  of  criminals 
are  in  sucli  an  al'normal  condition.  A  larn^e  |iro}K)ition  of  ctiminal.s,  uhen  enter- 
intr  pri-oii  or  penitentiary,  cUiim  to  lie  meclmnics,  and  aie  so  set  <lown  ;  Imt  in 
fact  few  of  them  have  any  other  chiim  to  be  cla-scd  as  mechanics  than  that  they 
spent  a  few  w<cks  or  da^'s  in  a  woik  shop  or  factory  at  some  time.  A.  very  lacfje 
prop  irtion  call  tiiein-elve-  laborers,  which  in  many  cases  means  thatthex  n-ver  did 
any  woik  they  could  avoid.  Some  go'xl  mechanics  fis  well  as  piofessioral  men 
and  others  do  too  often  become  drnnkaids,  and  in  some  cases  tind  their  way 
to  t!:a 'I,  bib  C'lnparatively  few  farmers  or  ni'^chMnies  become  felon«*.  It  has 
been  rein;ii-ke  I  oF  those  cnvicte^j  of  rrime  that  nearlv  mU  were  idle  when  airesteJ  , 
and  few,  if  any,  had  previously  been  steadiy  occupied  in  iiny  kind  of  work. 

Dr.  E.  C.  Winnes  says:  A  desiie  to  live  without  work  leads  to  crime 
here  as  it  d  les  in  other  countries,  and  this  vicious  indolence  whs  much  in- 
creised  by  the  late  civil  war.  The  severe  financial  depression  that  has  existed 
throuirlmur  the  whole  country  since  187-',  *  *  has  contributed  in  no  small  dej^ree 
to  swell  the  viilume  of  crimes,  b(  th  «f  fraud  and  thelt,  and  even  of  violence. 
Among  educated  men,  crimes  f)f  fiaud  ha\  e gieat  y  increased,  and  our  piisons  now 
contain  more  cmvicts  of  this  class  than  ev<'r  b'  foic.  Wiint  of  a  trade  is  a  \n  rm;inent 
and  p  )tent  occasion  of  crime.  Three-haiiths  of  our  criminals  make  no  pretence 
to  havinjr  acquiie  I  a  trajle  ;  and  of  the  remainder  more  than  a  moiety  have  done 
so  onl}'  in  a  Neiy  imperfect  degiee. 

Of  idleness,  as  of  drunkenness,  it  may  be  said  that  it  is  sometimes  difficult  to 
decide  whetht^r  it  should  be  reearded  as  cause  or  as  effect.  It  may  certainly  be 
tmced  in  many  cases  to  want  of  paiental  contrt  1  and  of  proper  home  traiidng. 
The  boy  who  is  allowed  to  do  as  he  pleases  until  he  has  reached  the  age  of  four- 
teen or  tiltetn  is  not  likely  to  acquire  a  taste  for  steady  employment  afterwards. 

Een  involuntary  idleness  is  too  often  a  cause  of  crime,  and  they  who  do 
any  thing  to  render  emjloymeiit  irregnhir,  or  un'eniuneiative,  incur  a  grave 
respousiiiility.  Young  presons  when  forced  into  idleness  are  expo-ed  to  many 
temptations,  and  in  >oiiie  cases  become  dissipated  Othets  resoi t  to  the  use  of 
strong  liquors  for  cnmfoit  or  obliviim,  and  sometimes  acquire  a  habit  of  diink- 
ing.  Those  of  dishonest  tendenci<  s  are  led,  under  pressure  of  want,  to  commit 
petty  larecMvcs,  and  find  it  more  difficult  to  le-train  their  evil  pr>peiisitii-s  after- 
wards. Those  to  whom  enforced  idleness  is  njost  dai'gerous  are  not.  h"wever, 
those  to  whom  it  brings  suti'ering  and  want.  The  Rev.  Mr.  Clay,  of  Pieston, 
chaplain  of  the  Prison  in  t'lat  district,  ma<ie  careful  oliscrvatum  <'f  the  etiects  of 
such  idleness  in  North  Lancishire  during  the  <:reat  sti'ikes  which  were  so  tre- 
qaentt)ward  the  mid  He  of  the  cenurv,  an  I  the  statistics  published  by  him 
prove  eoiichisively  that  the  incnase  in  the  prison  population,  widch  accompanied 
those  strikes,  C-iiue  from  the  younger  men  who  fell  into  habits  of  dissipation. 

Ignorance  was,  for  many  years,  supposed  to  be  one  of  the  chief  c  luses  of 
crime,  U-ciuse  a  large  propoition  of  the  prisnn  populafion  could  not  read  or 
write,  even  imperfectly ;  and  there  are  some  who  attiiliute  the  reduction  in  the 
nuuher  of  crimin  ils  in  Great  Britain  chiefly  t"  the  estai.Jishment  of  the  presenfc 
sch  lol  syst -m.  Rev.  M.  McG.  Uani,  conimi>sioned  by  the  Governor  of  Minnesota 
to  visit  B  itish  prisons,  in  his  report,  published  in  18.S9,  states  that  in  1<S71  there 
were  ll,7l2  convicts  in  the  prisons  ot  England  and  Wales,  and  in   1,885  only 


43 


8,790j  although  the  population  of  the  country  had  increased  3,300,0li0,  and  he 
s&ys: 

'"^  "  I  a<5ked  John  Bright,  in  an  interview  I  ha'1  with  him  at  Rochdale,  whether 
thi-*  exce[)t,ionMl  record  was  due  to  the  excellent  prison  system.  He  rt'plied  that 
he  thonu'ht  not  altogether,  but  rather  to  the  schools  now  becoming  so  nnivi'r>al, 
to  thi-j  Sunday  >ch mis  whosis  moral  influence  is  so  great  on  the  yout'i,  an-l  to  the 
augmented  and  able  preventive  work  which  has  visibly  reduced  the  sources  of 
crime." 

Only  those  who  have  some  idea  of  the  profound  depths  of  ignorance  of  all 
things  leligioiis  as  wt  11  as  literary,  in  which  many  of  the  lower  class*  s  of  Kng- 
land  were  sunk,  can  conceiv^e  what  efft-ct  the  estaMishm^nt  of  schouls,  in  very 
many  of  which  r.-ligious  instruction  is  given,  in  all  oi  which  the  pupils  are  t'U.ht 
to  know  s  )ini  thii'g  of  Ood  and  of  His  goodness,  of  themselves,  and  of  their  duties, 
must  have  had.  The  Rev.  Mr.  Chiy,  whose  observations  were  nearly  all  made  in 
Lancashire,  Scxys  in  one  of  his  reports  : 

"  Let  nift  present  a  shoit  S'lmmary  of  three  years'  o^>servation — hard,  naked 
statistic-j,  which  I  will  clothe  in  but  little  conmientary.  During  the  period  I  name 
the  peifoimance  ol  my  duties  has  b'oui^ht  me  into  contact  wiih  1,73:-^  men  and 
boys  and  o(S7  women  and  girls,  alt'igether  unable  to  read  ;  with  l.HOl  uien  and 
boys,  and  2.s7  wuini'n  and  girls  who  knew  not  the  name  of  the'reigninL'soverign  ; 
with  l,*i90  men  and  bnys,  and  293  women  and  girls,  so  incapable  of  receiving 
moial  and  religions  instruction  that  to  speak  to  them  of  virtue,  vice,  ini(|nity  or 
holiness  was  to  speak  to  tliem  in  an  unknown  tongue;  and  with  1,120  nn-n  and 
boys,  and  2o7  women  and  girls,  so  destitute  of  the  merest  rudiments  of  ( 'hristian 
knowledge — so  untaught  in  religious  forms  and  practices,  that  they  knew  not 
tlie  name  of  Him  who  died  f  >r  their  sins,  nor  could  they  utter  a  prayer  to  their 
Father  in  Heaven."  In  a  repoit  q-iotpd  by  Mr.  Hid,  R  corder  of  Birmingham, 
the  Rev.  Mr.  Clay  stated,  that — '  Of  90  men  tried  for  riot,  etc.,  in  the  Ctiar- 
tist  outbreak  in  the  Mufcumn  of  1842,  sixty  were  unable  to  read,  and  thiity-six 
were  ignorant  of  the  Saviour's  name." 

Ignornnce  so  dense  never  prevailed  to  any  extent  in  this  country,  and  of  all 
who  enteied  our  ga'>ls  last  year,  those  who  could  lead  and  write  were  fully  75  per 
cent,  l^ut  notwithstanding  our  school  system,  of"  which  we  are  so  prou  I,  it  is  to 
be  feared  that  manv  are  growing  up  utterly  ignorant  o^  much  that  good  citizens 
should  know.  It  is  ahirming  to  Hnd  that  of  those  who  were  sent  to  g;i<  1,  25  per 
cent,  could  not  even  read  and  write;  and  much  ignorance,  no  doubt,  pievails 
among't  the  mjority  of  those  who  are  de-ciibed  as  jiossisstd  of  those  accomplish- 
ments. Such  ignorance,  literary  nn  1  reliiions  as  stid  exists  in  Ontario,  may,  in 
mo.st  cases,  be  fairly  attributed  to  the  want  of  proper  pireutal  control,  the  lack 
of  pn)i>er  home  training,  and  evil  home  influences. 

7V/e  inordiTi'de  engervess  to  acquire  ivcalth  or  to  qH  monej/fmffi.cipnf  to  satisfy 
the  rle<ireH  of  ihe  exiVKvafjent  or  the  projilf/atc,  tckiclt,  prevnU  in  lldt  ar/z  is 
Ubnlo(Jbbt<:<lly  the  c  luse  of  murh  crime.  Mr.  Rutherford  Hayes,  ex-l'resi  lent 
of  th'^  United  Stipes,  in  his  address  at  the  CoUirress  of  the  National  Prison 
Association,  hehl  this  year  at  Cincinnati,  spoke  of  it  as  a  chief  cnu.se.  On 
the  top  of  the  wheel  of  fortune,  he  said,  and  apparently  held  in  high  e>teem,  aie 
metf  who  rpdckly  amassctl  large  fortunes  by  means  that  are  at  be->t  qnestion-ible, 
aiid,  looking  at  these  successful  men,  many  of  tho.se  at  the  bottom  who  are  striving 
to  reach  the  top,  imagine  that  they  may  use  means,  which,  if  mor<'-  (i^ng'Tous, 
can  s-arcely  be  regarded  as  more  dishonest.  The  desire  to  get  money  without 
hard  work  and  without  self-denial  has  been  stronof  in  all  ages. 


44 


Poverty  is  not  in  itself  a  cau«e  of  crime  as  many  very  poor  persons  lead 
honest,  virtuous  lives,  yet,  esjiecially  in  cities  and  towns,  tlie  poor  are  often 
compelled  to  find  lodging  in  crowded  lanes  and  courts  and  alleys  in  wh  ch  the 
worthless,  the  drunken  and  the  criminal  dwell,  and  though  the  parents  may- 
escape  the  contamination  of  the  foul  moral  atmosphere  of  such  places,  the 
children  whom  they  cannot  confine  to  their  misernble  abodes,  who  must  seek 
amusement  nnd  recreation  on  the  streets  are  unavoidably  exposed  to  the  corrupt- 
ing influences  by  which  they  are  constantly  surrounded,  and  to  teniptations  to 
which  thty  too  often  yield.  Squalid  suiroundings,  orphnnage  miser}^  and  the 
wretched  hom*^  life  or  lack  of  home  life  in  great  cities,  are  undoubtedly  fruitful 
sources  of  crime.  It  is  a  well  established  fact  also  that  those  who  are 
crowded  into  dwellings  in  which  the  air  is  always  laden  with  poisonous  exhala- 
tions, and  especially  those  ^  ho  work  in  the  wretched  rooms  in  which  the  family 
exist,  sutler  fiora  nervous  depress-on,  which  leads  to  the  use  of  stimulants,  and 
frequent  use  of  stimulants,  especially  under  such  circumstances,  leads  almost 
inevitably  to  drunkenness. 

Other  causes  which  act  directly  or  indirectly  in  causing  crime  are  the  ex~ 
posure  of  portable  wares  at  shops  doors  and  on  stands  where  they  serve  as  strong 
temptations  ;  the  want  of  playgrounds  for  boys  where  they  could  indulge  in 
innocent  amusements  under  proper  supervision  ;  the  love  of  dress  amongst  girls 
and  their  preference  for  employment  in  shops  and  factories,  even  when  the  wages 
paid  are  scat  cely  sufficient  to  pruv  de  food  ;  the  general  tendency  to  luxury  and 
extra vagfince  and  the  desire  "  to  keep  up  appearances."  Pawn  shops  and 
"  marine  "  stores  in  which  even  children  may  dispose  of  stolen  property,  do 
much  to  foster  ciime. 

TJie  neglect  of  its  duties  by  the  State  and  by  society  in  all  its  other  forms 
of  organization,  is  largely  responsible  for  the  prevalence  of  vice  and  crime.  The 
State  has  not  done  its  whole  duty  when  it  has  enacted  that  those  who  commit 
crimes  shall  be  punished,  and  has  provided  police  by  whom  oflTenders  and 
criminals  may  be  arrested,  tribunals  before  which  they  may  be  tried,  and  gaols 
in  which  the  penalties  imposed  may  be  exacted.  The  public  arrest  of  a  child, 
his  public  appearance  as  a  culprit  in  a  police  court,  his  imprisonment  in  a  comj;:, 
mon  gaol,  where  he  must  associate  with  ciiminals  of  all  sorts,  areusually  so  niany 
stages  in  his  progress  from  vice  to  crime.  Such  a  mode  of  treatment  not 
infteqnently  has  a  most  injurious  effect  on  children  who  have  committed 
merely  some  law-made  ofience.  AH  this  system  of  dealing  with  criminals 
and  offenriers  rests  upon  the  exploded  principle  that  crime  can  be  pre- 
vented, and  ciiniiisals  kept  in  check  only  liy  deterrent  agencies.  Nor  is  it 
enough  that  the  State  provides  in  addition,  a  school  system  .he  benefits  of  which 
all  who  choose  and  who  have  the  oppoituni  ies  may  share.  Charitable  associ- 
ations make  a  great  mistake  if  they  suppose  that  when  thej^  provide  food  and 
clothing,  and  fuel  and  shelter  for  all  who  seem  to  be  indigent,  they  do  all  that  is 
necessary  to  supplement  the  work  done  by  the  State.  The  example  of  (ireat 
Britain  i)roves,  most  conclusively,  that  much  more  can  be  done  bv  the  State  and 
by  associations  to  save  tho  e  "v ho  are  in  danger,  and  to  raise  those  who  have 
fallen  than  has  vet  been  attempted  in  tliis  Province.  What  more  can  be  done 
in  this  countiy  where  the  work  ought  to  be  much  easier  should  be  done.  How 
it  can  be.'it  be  done  is  a  question  which  demands  the  most  serious  consideration. 

Several  American  writers  and  speakers  contend  that  the  increase  of  crime 
in  the  United  States  is  largely  due  to  immigration.  Those  of  the  criminal 
ela.sses  of  Europe,  who  desire  to  elude  arrest  or  to  escape  from  police  surveillance 


45 


for  a  time,  in  the  hope  that  they  may  be  forgotten,  come  to  America,  they  say, 
and  of  those  who  have  passed  through  the  convict  prisons  and  reformatories  of 
Great  Britain  and  It-eland,  many  are  encouraged  to  emigrate  who,  when 
here,  relapse  into  their  evil  habits.  It  is  even  alleged  that  the  re<luction  in  the 
number  of  British  criminals  is  due  largely  to  this  systematic,  steady  emigration. 
It  will  be  seen  on  reference  to  his  evidence,  that  Mr.  Round,  a  gentleman  of 
great  experience,  is  of  opinion  that  a  very  large  proportion  of  the  criminals  who 
infest  New  York,  came  from  Europe,  after  they  ha'l  there  received  their  training 
in  crime.  The  report  of  the  State  Board  of  Charities  and  C  'rrections  of 
Minnesota  for  the  year  1889,  expresses  a  similar  view,  and  publishes  statistics  in 
support  of  it,  including  a  comparison  of  the  nativity  of  State  Pri.son  convicts  in 
eight  States  of  the  Union,  by  percentage.  The  following  are  the  figures  given 
for  the  States,  whose  in?ititations  we  have  most  carefully  examined: — 


Michigan. 

Ohio. 

MASaACHUSBTTS. 

BIRTH   PLACE. 

All 
Inhabitants. 

Convicts. 

A11 
Inhabitaubi?. 

Convicts. 

All 
Inhabitants. 

Convicts. 

■  ^odinavia 

Oermany  and  Austria 

Ireland 

British  America 

England  or  Scotland 

Other  cc»untries 

.1 
5.5 
2.3 
9.1 
3.3 
3.4 

.2 
4.8 
4.3 
13.8 
6.5 
2.2 

.1 
6. 
2.5 

.5 
1.6 
1.1 

.3 
3.9 
3.7 
3.4 
3. 
1.2 

.3 

.9 

12.7 

6.7 

3.4 

.9 

.8 

.6 

10.2 

5.3 

8.f 

a.2 

Total  Foreign  Born 

Native  Born  

23.7 
76.3 

31.8 

68.2 

11.8 

88.2 

15.5 
84.5 

24.9 
75.1 

27.8 
72.2 

1 

100 

100 

100 

100 

100 

100 

These  figures  seem  to  prove  that  the  foreign  ,born,  and  especiallj'  those  from 
Great  Britain  and  Ireland,  furnish  a  percentage  of  criminals  much  larger  than  their 
percentage  of  the  whole  population  But  lo  arrive  at  a  fair  conclusion,  we  must 
take  into  account  that  a  much  larger  proportion  of  the  immigrant  population 
than  of  the  native,  have  arrived  at  the  age  when  crimes  may  be  committed. 
It  is  inevitable,  too,  that  of  emigrants  settling  in  cities,  as  English,  Scotch  and 
Irishlargely  do.tlie  number  liable  to  fall  in  to  evii  habits  will  be  lar-ger  than  of  those 
who  have  comfortable  homes  and  steady  employment.  AVhere  emigrants  settle 
chiefly  on  land,  as  the  Germans  and  others  do  in  the  Western  States,  the 
o^cial  returns  show  a  very  different  state  of  things.  The  Minnesota  report, 
from  which  we,  take  those  tigures,  states  elsewhere  that  children  of  foreign-bom 


46 


parents  constitute  71.2  per  cent,  of  the  population  of  the  State,  but  form  only 
04>  pet-  ci-nt.  ot  the  population  of  the  State  institutions,  c  -ntrai y  to  the  generally 
received  »ipini(^n.  Scandinavians  aio  25.1  per  cent,  of  the  population,  and  fur- 
nish only  l.*i  per  cent,  of  the  inmates  of  the  State  instituii(jns.  The  chddren 
of  Eno-lish,  Irish,  S  otch  and  Cma  lian,  are  ID.l  per  ct-nt.  of  the  population,  and 
furnish  'Z'J.o  per  cent,  of  the  inmates  of  the  in.^titutiuns. 

A  delegate  of  the  Trades  and  Labour  Council,  of  Toronto,  who  gave 
evidence,  pi oduced  statistics  of  our  prisons  and  charita'-le  ins  itiiti(»n-<,  to  pi ove 
that  of  those  whom  the  Canailian  Oovernui»nt  has  as.sisted  to  come  to  Canada 
by  paving  part  of  the  cost  of  iheir  pa-.sage,  and  of  the  boys  and  girls  sent  out 
from  Biiti.sh  reformatorios  and  houses  of  lefu^e,  a  consideiaMe  number  hehmg 
to  the  criminal  clas.ses.  As  in  the  official  .statistics  no  disiincticin  is  m  ide  be- 
tween the  inmati-s  of  prisons,  asylums,  and  other  institution-;,  who  have  come 
out  on  "assisted  passages,'  or  under  the  management  of  the  many  societies  and 
agencies  engiged  in  sending  boys  and  girls  to  this  country',  and  utiiers  who  have 
couie  fiom  Euio|)e,  the,se  figures  only  prove  as  the  st;itistics  proved  long  be- 
fore assisted  passages  were  thought  of,  that  the  number  of  the  inmates  of 
our  penal  and  cliaritible  institutions,  who  are  natives  of  Great  Biitain  and 
Iieland,  is  proportionately  large.  Yet  the  views  he  put  forward  should  re- 
ceive tlie  most  careful  consideration. 

Much  evidence  was  taken  as  to  the  character  and  conduct  of  the  hoys  and 
girls  who,  for  some  years,  have  been  sent  to  this  countiy  Iroiu  Great  Britain. 
The  total  number  must  be  very  large.  The  official  reports  state  that  the  num- 
ber of  those  discharged  from  reformatories  who  emigrated  from  the  year  1854 
to  1<S<"^8  inclusive,  was  2,9lJ0  hoys  an  I  210  girls,  and  from  Industrial  schools 
fiom  1«62  to  1Sj»9  inclusive,  l,4o2  boys  and  '■^>2i!  girls.  The  reports  do  not  state 
the  number  of  the-e  sent  to  Canada,  but,  no  <ioubt,  it  was  large.  Boards  of 
Pool'  Law  Guardian  have  sometimes  sent  out  children  from  the  work-houses  Of 
these  we  cannot  find  any  account.  The  numbers  sent  out  by  benevolent  a.'-snci- 
ations  is  much  larger  tliati  that  sent  by  the  Britr-h  local  auih<iriiie.s.  Dr.  Bar- 
nardo,  in  his  bo.ik,  "Something  attempteil,  something  done,"  boasts  that  his 
"orgmized  parties"  had  reached  "a  giand  total  of  2,400  boys  and  girls  to 
Canada  alone,"  up  to  September,  1888,  and  he  has  since  sent  us  other  organized 
parties.  Sevei-al  other  agents,  notalily  Miss  Rye  anil  Miss  iMcPhiM.-on  have  been 
engaged  in  similar  work.  Dr.  Barnado,  whose  evidence  will  be  found  interestmg, 
asserted  that  the  boys  he  sends  out  are  carefully  selet  ted  and  are  carefully 
looked  after  when  settled  here,  and  that  a  very  small  number  of  them  have 
turned  out  badly.  There  was  no  evidence  to  show  that  many  of  those  boys 
have  become  criminals,  although  several  witnesses  expiessed  unfavourable 
opinions  of  them.  Medicul  men  and  others  said  thai  nuiny  of  those  boys  are 
physically  and  intellectually  defective,  and  that  their  coming  to  Canada  should 
not  lie  encouraged.  It  may  be  well,  it  was  said,  for  Great  Biitain  to  send  them 
to  Canada  and  so  get  rid  of  them.  It  may  be  very  well  for  the  boys  who,  coming 
here,  obtain  release  from  their  former  associaiii>ns,  and  have  better  opportunities 
of  earning  a  good  living  if  they  choo.se  to  be  honest  and  industiiuus.  But  it 
cannot  be  good  for  Canada  to  absorb  such  an  element  in  such  large  quantities. 
The  importation  of  ciiminals  half  reformed,  or  reformed  only  in  appearance,  of 
imbeciles,  paupers  and  persons  of  deiective  physique  or  tainted  with  hereditary 
disease,  must  necessarily  increase  the  number  of  criminals  and  the  volume  of 
crime.  The  evidence  as  to  the  girls  who  are  sent  to  us  by  po<  r  law  boards, 
school  boards  and  charitable  organizations,  was  much  less  favourable  than  that 
received  concerning  the  boys. 


47 


There  are  some  who,  .'ilthoiiy:h  th-y  rlo  not  pretend  to  deny  that  tliere  is  a 
great  diininution  in  tlie  nmuberot*  ciiuiin  ils  in  Grjat  Br. tain  and  Ir -land,  contend 
that  the  orticial  ivports  are  misleadiM<^  and  that  there  has  n^t  Ween  a  corres- 
punding  diminution  of  Clime.  Lor.l  LcliHeld — quoted  fipproNnn^ly  by  Mr  TalUick, 
secrrtai  y  of  the  Howard  Association,  in  his  recent  work. — speaking  at  Stafford  in 
1««5,  said : — 

"  Having  carefully  invcstigared  the  subject  I  am  not  prepared  to  accept  the 
statements  !<o  frequently  made  l>y  per-s  ns  in  authority  as  to  ihe  deiicase  of 
criuje  in  the  country  generally.  My  own  inves  igations  into  this  m  itter  have  led 
me  to  a  very  differv-iit  eonuliision  and  that  is,  that  instead  of  crime  beinir  on  the 
decrease  it  is  on  the  inei-eise.  .  .  A'hninin;^  as  I  <l(j  that  tlie  figures  in  the 
rejiorts  (offii.-ial)  are  correct,  yet  the  re-ult  shown  is  lobe  a'-counted  tor  S'>lely  and 
entirely  Ity  the  V'.i'y  short  sentences  uhijh  are  now  passed  an^l  by  \h:  additional 
fact  that  some'vliere  about  a  thud  of  tlie  wiiole  number-  convict  -d  are  n  it  sent  to 
prison  at  all.  I  tind,  taking-  the  wiiole  number  of  convii  tions  in  the  year  1861 
and  comparing  it  with  1S78,  that  there  were  KJ^OOO  persoiis  find  for  offences 
against  the  law,  and  m  18.S:J  there  were  4:il,000  so  fined."  The  oScial  reports 
show  th  it  there  was  especially  a  <liminution  in  the  number  of  female  pa-oners. 
This  he  admitreil  to  be  cori-tct  liut,  he  sai.l,  "  tiie  t  >tal  eonviction-t  of  females  in 
England  and  WaL-s  in  181!)  was  2o,84!ti  and  in  ]88:3  they  were  47,8(12.  There 
has  been  a  large  increase  in  every  ilescnption  of  otlenees  which  represent  di.s- 
honesty,  and  I  think  I  shouM  be  able  to  show  if  time  p-  rmitted  that  in  many  of 
the  serious  oU'ences  there  is  con-!id«rable  increase."  Of  juvenile  oftend'-rs  he  .saM 
"  >ince  I.S70  there  is  no  record  in  our  jmlieial  returns  of  the  number  of  the  juve- 
nile (»fFenders  who  are  conviete  1.  .  .  It' yon  take  the  number  of  jiersons  who 
are  now  fined  or  wliipped  instead  of  being  sent  to  prison  at  all  you  will  find  that 
the  number  of  juveniles  sent  to  jiris^n  does  not  in  any  way  represe  it  the  juvenile 
crime  of  the  country.  .  .  L  )ok  at  the  nunber  th  it,  ins  tea  I  of  b -in'j:  sent  to 
prison,  are  sent  to  the  Industrial  Schools.  Yet  these  numbers  do  not  appear  in 
the  prison  returns ;  just  as  all  tho-e  who  are  fined  or  wnipp-d  do  not  appear. 
The  total  number  of  all  persons  fiatd  for  larceny  last  year  was  no  less  than  ten 
thousand.'' 

Canon  Gregory,  whom  Mr.  Tallack  quotes,  says  in  a  paper  published  in  1886  : 
— "  It  is  clear  .  .  tliat  there  h^s  been  no  decieise  in  the  number  of  crimes 
committ  d  or  of  small  offences  during  the  past  fourteen  years  althoui^h  th^n-e  has 
been  a  remarkable  diininuiion  in  the  number  of  criminals  ciptured  bv  the  police 
and  possibly  a  great  a  hlitioa  to  the  stringency  with  which  lesser  offenders  have 
been  brought  to  justice." 

Mr.  Tallack,  who  speaks  of  the  character  of  the  official  returns  as  equivocal 
and  ambiguous,  asserts  tliat  in  regard  lo  certain  serious  crimes  tlie  statements  of 
Lord  Lichfield  are  well  founded."  For  "  where  is  in  LSJO  there  were  hfteen  p:!r- 
sons  sentenced  to  death  in  Eiiglanl  and  Wales  an  1  six  executed,  there  were  in 
1886  thirty-tive  sentenced  t>  death  anil  nineteen  executed.  In  1870  thete  were 
1,517  suicides  ami  2,2"  2  in  1886."  He  directs  attention  to  the  fact  that  the  num- 
ber of  boys  and  girls  sent  to  reformatories  in  Great  Biitain  had  risen  from  3,276 
in  18-')!J  to  6,272  in  1886,  and  the  numb.;r  in  certified  indu.stri  d  schools  from  480 
in  1861  to  20,  68  in  18>6,  that  the  number  of  adults  committed  for  trial  and 
those  convicted  summarily  rose  in  Englau' I  and  Wiles  from  103  ^{4}  in  l86l  to 
165,9.")2  in  1886,  and  in  Scotland  from  17,366  in  1881  to  44,647  in  1886. 

Mr.  Tallack  adds: — "It  must,  however,  be  thankfully  admitted  that  some 
other  great  crimes  have  materially  diminished  of  late  years  in  the  United  Kincr- 
dom." 


48 


Juvenile  Offenders. 


The  commissioners  are  directed  to  make  investiojation  of  and  report  upon  any 
"  improved  means  of  providing  and  conducting'  industrial  schools "  and  anr 
"  improved  means  of  rescuing  destitute  children  from  a  criminal  career,"  which 
may  be  adopted  in  this  Province.  To  these  subjects  they  gave  the  most  careful 
consideration,  believing  them  to  be  the  most  impoitant  of  any  coming  within  the 
scope  of  the  enquiry. 

Under  the  Mosaic  law  the  Hebrews  were  strictly  enjoined  to  teach  their 
children  the  history  of  their  nation  and  to  train  them  in  the  observance  of  the 
law.  It  is  probable  that  provision  was  made  by  each  tribe  for  the  proper  educa- 
tion of  orphan  and  destitute  children  who  had  no  near  relatives  or  friends  to 
take  charge  of  them,  as  all  were  entitled  to  a  share  in  the  property  of  the  tribe. 
From  their  system,  essentially  so  different  from  ours,  we  can  borrow  little  except 
the  principle  embodied  in  the  words  "Therefore  ye  shall  lay  up  these  my  words 
in  your  hearts  *  *  and  ye  shall  teach  them  to  your  children  speaking  of  them 
when  thou  sittest  in  thy  house  and  when  thou  walkest  by  the  way,  when  thou 
liest  down  and  when  thou  risest  up.  And  thou  shalt  write  them  upcm  the  door 
posts  of  thy  house  and  upon  thy  gates."  These  ami  the  precept  "  train  up  a  child 
in  the  way  he  should  go  "  are  applicable  to  all  peoples  in  all  ages.  Some  pa^an 
nations  had  high  ideas  of  parental  duties,  and  to  enable  the  father  to  di>charge 
those  duties  gave  him  even  the  power  of  life  and  death  over  his  children : 
but  those  nations  either  took  no  thought  of  the  destitute,  the  feeble  and 
the  afflicted  or  regarded  them  as  having  incurred  the  enmity  of  their  gods. 
In  Sparta,  regarded  by  many  as  the  model  republic,  childr  n  who  at  their 
birth  were  deformed  or  puny  were  cast  imo  a  great  ])it  to  perish.  In  Rome 
destitute  chil-lren  were  treated  as  slaves  or  were  reared  for  the  arena  or  the 
bagnio.  In  this  respect  as  in  all  others  Christianity  wrought  a  great  change. 
''  Suffer  little  children  to  come  unto  me,"  was  a  command  of  wide  significance. 
Chastel,  quoted  Iw  Dr.  Wines  in  his  a;reat  work  on  the  "  State  of  Prisons  and 
of  Child  Saving  Institutions,"  says  that  one  of  the  Apostolic  constitutions  was 
"  Bishops  take  care  of  the  orphans,  so  that  they  want  nothing."  And  deserted, 
destitute  and  exposed  children  were  to  be  cared  for  as  the  or|ihans.  They  were 
to  receive  primary  education  at  the  hands  of  the  widows  and  consecrated 
maidens.  They  were  to  be  taught  a  trade.  "  They  were  to  be  gathered  into  the 
fold  of  Christ."  Afterwards — probably  even  before  the  pers'-cuiionof  Christians 
ceased,  orphan  asylums  and  in  Pant  nurseries  wereestablishe  1  by  devout  men  and 
women  who  thus  employed  their  wealth  and  often  took  the  destitute  to  their  own 
houses.  "Persons  were  sought  who  would  receive  deserted  or  neglected  children 
into  their  families  and  bring  them  up  in  the  faith."  In  all  this  Dr.  Wines  sees 
what  is  now  called  the  boarding  out  system,  and  the  employment  of  such 
agencies  for  the  rescue  of  children  as  even  at  this  day  prove  most  efiectual. 
One  of  the  first  acts  of  Constantine  the  Great  after  his  conversion  was  to  issue  a 
decree  prohibiting  the  kidnapping  of  free  children  and  reducing  th^m  to  slavery. 
Greatcharitable  institutions,such  as  have  become  numerous  in  this  age  itwould>eem 
had  no  existence  in  the  Roman  Empire  at  any  time.  When  the  northern  invasion 
changed  the  face  of  Europe,  whatever  care  destitute  or  erring  children  received 
was  iDestowed  by  the  Tithing  or  other  petty  community  to  whieh  they  belonged. 
After  the  rise  of  feudalism  they  were  cared  for  by  th  •  feudal  lord  who  had  a  sort  of 
property  in  all  botn  on  his  lauds  and  by  the  religious  houses  which  in  time  grew  up 
in  every  part  of  the  old  world.  Another  great  change  took  p'ace  in  Great  Britain 
in  the  time  of  the  Tudors.  For  many  generations  destitute  children  had  only  such 
care  as  the  Poor  Law  system  provided,  and  juvenile  offenders  were  treated  as 


49 


criminals.  A  few  of  the  old  charitable  institutions  for  the  care  of  children  escaped 
destruction,  but  these  were  devoted  to  the  education  of  the  children  of  respectable 
families.     For  the  poor  there  remained  only  the  poor  liouse  and  the  prison. 

The  want  of  something-  better  was  soon  felt.  In  1552  some  citizens  of 
London  petitioned  the  King  to  give  them  the  palace  of  Bridewell  to  lodge  the  poor 
and  to  train  up  children  in  industrious  habits.  Nothing  further  seems  to  have 
been  done  in  this  direction  until  1788  when  the  Philanthropic  Society  of  London 
set  to  work  to  rescue  and  reform  children.  It  gathered  together  a  number  of  the 
children  who  lirpd  by  begging  and  pilfering,  lodged  them  in  three  plain  rough 
cottages,  making  wliat  is  now  called  the  family  system  the  basis  of  its  insti- 
tutional life,  and  agriculture  the  chief  occupation  of  its  wards."  In  one  of  their 
earlier  reports  the  society  said,  "  Agriculture  is  the  grand  source  to  which  the 
society  looks  for  employment  for  its  wards.  Agriculture  means  natural  life  and 
is  the  primary  spring  of  health  and  happiness.  The  design  is  to  approach  as 
nearly  as  possible  to  common  life,  and  as  the  wards  are  forming  for  the  humble 
station  of  labourers,  it  is  thought  an  important  care  not  to  accustom  them  to 
conveniences  and  indulgences  of  which  they  might  afterwards  severely  feel  the 
want."  In  1805  the  society  w^as  incorporated  by  Act  of  Parliament.  Then 
it  had  one  deparcment  as  a  prison  school  for  juvenile  convicts  ;  another  was  a 
manufactory  for  the  employment  of  destitute  boys,  and  a  tTiird  was  a  training 
school  for  destitute  girls.  A  society  whose  chief  object  was  the  reformation  of 
juvenile  offenders  was  established  in  London  in  1815.  It  established  a  refuge 
for  juvenile  delinquents  and  its  success  in  dealing  with  those  whom  it  could 
induce  to  go  to  the  refuge  was  satisfactory.  It  also  labored  to  promote  improve- 
ments in  gaol  structure  and  in  the  classification  and  discipline  of  prisons,  and 
especially  by  the  establishment  of  schools  in  them.  After  careful  enquiry  this  society 
"  reached  the  conclusion  that  not  less  than  eight  thousand  boys  in  London  gained 
their  living  by  depredations  on  the  public,"  and  that  a  large  proportion  of  these 
was  constantly  passing  through  the  prisons  ripening  into  atrocious  offenders  and 
on  their  release  industriously  spreading  the  knowledge  and  practice  of  crime." 
The  causes  of  this  enormous  amount  of  juvenile  criminality  they  found  to  be 
homelessness,  parental  neglect,  abnormal  family  relations,  v/ant  of  mental,  moral 
and  religious  education ;  want  of  employment  and  dislike  ol  work,  destitution, 
the  corrupting  influence  of  prisons  from  want  of  classification  and  consequent 
defective  discipline,  and  flash  houses  of  drink,  debauchery  and  all  manner  of 
wickedness.  Other  causes  of  a  local  character  also  had  a  pernicious  eflect.  In 
1817  the  magistrates  of  Warwick  established  an  asylum  for  the  reformation  of 
juvenile  offenders  at  Shelton-on-Dunsmore  near  Birmingham.  This  more  than 
any  of  the  others  may  be  regarded  as  the  forerunner  and  model  of  the  English 
reformatory  school  of  the  present  day.  The  boys  were  employed  chiefly  in 
shoemaking  and  farm  work,  and  although  they  were  nearly  all  very  vicious  when 
sent  to  this  asylum,  it  was  said  that  fifty  per  cent,  were  thoroughly  reformed 
and  that  the  percentage  of  reformations  increased  as  the  teachers  gained  experi- 
ence and  the  system  was  improved.     This  continued  to  do  good  work  until  1853. 

In  1830  Captain  Brenton,  a  retired  naval  officer,  as  chief  of  a  small  associa- 
tion, opened  an  industrial  school  for  boy  vagrants  which  soon  grew  to  a  large 
size  and  was  for  a  time  very  successful.  lie  preferred  extreme  simplicity  in  his 
mode  of  lodging  and  feeding  the  boys.  The  dormitories  were  very  rough.  He 
bought  a  quantity  of  brick  from  old  houses  that  were  torn  down  and  taught  the 
boys  to  build  with  them  a  long  shed  in  which  three  rows  of  hammocks  were 
slung,  and  when  told  that  the  boys  ought  to  have  more  space,  he  replied,  "They 
have°more  room  than  the  gallant  fellows  in   Her  Majesty's  navy./     "  Religious 

4  (P.c.) 


50 


and  elementary  instruction,  moral  training,  agricultural  employment  and  removar 
to  new  scenes  and  purer  influences  were  the  leading  ideas  in  his  plan  of  treat- 
ment." Other  associations  and  benevolent  individuals  made  earnest  efi'^rteto  save 
the  young,  but  these  eflorts  proved  insufficient,  because  as  Mr.  M.  D.  Hill,  Recorder 
of  Birmingham  stated,  of  the  want  of  means  and  the  want  of  sufficient  authority. 

Reformatories. 

The  necessity  for  doing  something  more  for  the  reformation  of  juveniles 
than  could  be  done  by  unaided  private  effort  made  itself  felt  in  the  Briti.sh  Par- 
liament, and  in  1835  a  parliamentar}^  committee  was  appointed  to  enquire  into 
the  subject.  As  a  consequence  of  this  a  Government  Reformatciy  for  boys  was 
established  at  Parkhurst  (Isle  of  Wight)  in  1838.  This,  with  its  high  wmlls,  its- 
bars  and  bolts,  its  cells  and  armed  guards,  was  really  a  prison.  The  boy  usually 
between  the  ages  of  10  and  IS,  but  in  some  cases  as  young  as  8  or  9,  was  placed 
in  a  probationary  ward  on  his  arrival  and  kept  there  in  separate  confinement  for 
four  months  or  more.  He  was  not  allowed  to  hold  intercourse  with  any  of  the 
other  boys  during  that  time,  although  he  was  in  the  presence  of  others  for  exer- 
cise, instruction  or  religious  service  about  five  hours  every  day.  He  was  supplied 
with  occupation  and  books  and  visited  by  the  officers  of  the  establishment. 
Afterwards  he  was  placed  where  he  could  learn  a  trade  and  converse  and  play 
with  others  under  the  eye  of  a  warder.  The  boys  remained  in  this  institution 
from  two  to  three  years,  and  it  was  alleged  that  "  a  highly  favorable  change  wa.s 
generally  perceptible  in  the  whole  disposition  of  the  boys,"  that  "  there  was  a 
great  difference  between  the  first  and  second  year,  and  a  still  greater  difference 
between  the  third  and  former  year."  When  their  time  was  completed  the  boys 
were  generally  sent  to  the  colonies,  and  provision  was  made  to.  assist  them  in 
finding  employment.  Of  tliose  sent  to  Western  Australia  it  was  said  about  a 
fifth  turned  out  badly  and  were  very  troublesome.  It  has  been  alleged,  indeed, 
that  the  worst  class  of  convicts  landed  in  that  colony  were  the  Pentonville  and 
Parkhurst  prisoners.  Similar  statements  are  now  made  regarding  the  boys  whom 
the  reformatories  fail  to  reform. 

The  feeling  m  favour  of  a  more  general,  earnest  and  effective  system  for  the 
reformation  of  juveniles  was  strengthened  in  Great  Britain  by  the  success  of  the 
efforts  in  that  direction  made  in  other  countries.  Count  Von  der  Bicke  com- 
menced to  do  a  great  work  at  Dusseldorf,  in  Prussia,  in  the  year  1816,  soon  after 
the  close  of  the  great  war  which  left  so  mam'  children  orphan  and  destitute.  In 
1833  Wichern  established  the  Rauhe  Haus  near  Hamburg,  which  has  done 
excellent  service  and  has  been  the  model  of  many  European  retormatoiies.  The 
most  famous  of  all  such  institutions  was  that  of  Mettrai,  in  France,  founded  and 
conducted  by  M.  Demetz,  who  resigned  a  seat  on  the  bench  to  devote  all  his 
energies  to  the  work  for  which  he  was  so  well  fitted.  So  great  was  his  success 
that  many  similar  institutions  sprang  into  existence  all  over  France. 

It  was  not  until  1854  that  the  "  Palmerston  Act"  gave  the  necessary  author- 
ity to  those  interested  in  the  reformation  of  juveniles  and  the  pecuniary  assistance 
which  was  also  so  much  required.  The  importance  of  voluntary  labour  in  this 
great  work  was  recognized.  The  State  did  not  undertake  the  establishment  or 
management  of  reformatories.  The  Act  provided  that  any  number  of  persons 
may  procure  grounds  and  buildings  suitable  for  a  reformatory  and  then  apply  to 
the  secretary  of  State  for  a  license  ;  that  this  should  be  granted  when  the  State 
inspector  reported  that  all  necessary  provision  had  been  made  :  and  that  when  the 
license  was  issued  the  officers  appointed  by  the  association  should  have  authority 
to  receive  and  detain  all  juvenile  offenders  committed  to  their  custody  by  the 
courts    and   to  arrest  and   take  back  any  who  escaped.     The  associations  make 


51 


regulations  for  the  management  of  the  inmates  and  their  employment  which  must 
he  approved  of  by  the  State  authorities,  and  the  reformatories  are  subject  to  regu- 
lar State  inspection.  The  Associations  may,  for  any  good  reason,  refuse  to  receive 
any  of  the  juveniles  sent  to  them  from  the  courts.  For  those  they  receive  the 
State  pays  a  fixed  amount.  In  some  cases  the  government  has  given  old  vessels 
of  war  to  the  managers  of  reformatory  schools  to  be  used  as  training  ships. 

A  similar  Act,  known  as  "  The  Dunlop  Act,"  was  passed  for  Scotland  in  the 
same  year. 

Only  children  convicted  of  some  offence  are  sent  to  the  reformatories.  Several 
Acts  were  pa.ssed  in  amendment  of  the  Act  of  1854.  An  Act  passed  in  1866 
repealed  all  those  and  made  other  provisions  instead.  The  14th  section  of  this 
Act  provides  that  "  whenever  any  offender  who^  in  the  judgment  of  the  court, 
justices  or  the  magistrate  before  whom  he  is  charged,  is  under  the  age  of  sixteen 
years  is  convicted  on  indictment  or  in  a  summaiy  manner  of  an  offence  punishable 
with  penal  .servitude  or  imprisonment  and  is  sentenced  to  be  imprisoned  for  the 
term  of  ten  days,  or  for  a  longer  term,  the  court,  justices  or  magistrate  may  also 
sentence  him  to  be  sent  at  the  expiration  of  the  period  of  imprisonment  to  a  certi- 
fied reformatory  school,  and  to  be  there  detained  for  a  period  of  not  less  than  two 
yeai-s  and  not  more  than  five  vears." 

But  an  offender  under  the  age  of  ten  years  is  not  sent  to  a  reformatory, 
"  unless  he  has  been  previously  charged  with  some  crime  or  offence  punishable 
with  penal  servitude  or  imprisonment,  or  is  sentenced  in  England  by  a  judge  of 
assize  or  court  of  general  or  quarter  sessions,  or  in  Scotland  by  a  circuit  court  of 
judiciary  or  sheriff." 

In  choosing  a  certified  reformatory  school  "  the  court,  justices  or  magistrate  " 
is  required  "  to  endeavour  to  ascertain  the  religious  persuasion  to  which  the  youth- 
ful ofiender  belongs,  and  so  far  as  is  possible  a  selection  shall  be  made  of  a  school 
conducted  in  accordance  with  the  religious  persuasion  to  which^  the  youthful 
ofiender  appears  to  belong."  If  a  mistake  be  made  it  must  be  rectified  on  applica- 
tion by  the  parent,  guardian  or  next  of  kin  made  within  the  time  specified  in  the 
Act.  The  Act  also'provides  that  if  a  juvenile  offender  cannot  for  any  reason  be 
sent  to  a  school  conducted  in  accordance  with  the  religious  persuasion  to  which 
he  belongs,  it  shall  be  lawful  (proper  representation  having  been  made)  tor  a 
"  minister  of  the  religious  persuasion  of  such  ofiender  at  certain  fixed  hovirs  of  the 
day,  which  shall  be  fixed  by  the  Secretary  of  State  for  the  purpose,  to  visit  such 
school  for  the  purpose  of  afiording  religious  assistance  to  such  offender^  and  also 
for  the  purpose  of  instructing  such  offender  in  the  principles  of  his  religion." 

Section  18  provides,  that  the  managers  of  a  certified  reformatory  school  may; 
at  any  time  after  the  expiration  of  eighteen  months  of  the  period  of  detention 
allotted  to  a  youthful  ofi'ender,  by  license  under  their  hands,  permit  him  to  live 
with  any  trustworthy  or  respectable  person  named  in  the  license  willing  to  receive 
and  take  charge  of  him.  "  Such  license  shall  be  in  force  for  only  three  raonf;hs, 
but  it  may  be  renewed  as  often  as  the  managers  see  fit  until  the  offender's  period 
of  detention  has  expired  ;  or  it  may  be  revoked,  and  the  ofiender  to  whom  it 
related  is  then  required  to  return  to  the  school.  An  offender  escaping  from  the 
person  with  whom  he  is  permitted  to  live  is  treated  as  one  who  has  escaped  from 
the  school.  Section  19  gives  power  to  the  manager  to  apprentice,  with  his  own 
consent,  to  any  trade,  calling  or  service,  although  his  period  of  detention  has  not 
yet  expired,  any  offender  who,  having  been  placed  out  on  license,  has  conducted 
himself  well. 

If  an  offender  sentenced  to  be  detained  in  a  reformatory  school  escapes  there- 


52 


from  he  may  be  apprehended  without  warrant,  and  if  the  managers  of  the  school, 
think  fit  he  may  be  taken  before  any  justice  or  magistrate  having  jurisdiction 
and  on  summary  conviction  be  imprisoned,  with  or  without  hard  labour  for  any 
term  not  exceeding  three  months  and  at  the  expiration  of  such  term  be  taken  back 
to  the  reformatory.  But  if  the  managers  so  deterinine  he  shall,  when  apprehended, 
be  taken  directly  to  the  reformatory. 

Section  24  provides  that  the  government  may  contribute  out  of  money  pro- 
vided by  parliament  such  sum  as  the  Secretary  of  State  may  recommend  towards 
the  expenses  of  the  custody  and  maintenance  of  any  offender  detained  in  a  certi- 
fied reformatory  school. 

Section  25  provides  that  the  parent,  step-parent  or  guardian  or  an}'  other 
person  legally  liable  to  maintain  any  youthful  offender  confined  in  a  certified 
reformatory  school  shall,  if  of  sufficient  ability,  contribute  to  his  support  and 
maintenance  therein  a  sum  not  exceeding  five  shillings  per  week. 

The  prison  authorities  of  any  county,  city  or  borough  may  contribute  to  the 
erection,  enlargement  or  repairs  of  a  reformatory  school  and  to  the  support  of  its 
inmates  and  may  contract  with  the  mariagers  for  the  reception  and  maintenance 
of  offen-ders  sentenced  to  detention  in  such  school.  The  cost  of  conveying  an 
offender  to  a  reformatory  and  the  cost  of  "proper  clothing  requisite  for  his 
admission  "  must  be  borne  by  the  prison  authority  of  the  district  within  which 
he  has  been  last  imprisoned. 

The  total  number  of  reformatory  schools  in  Great  Britain  in  1889,  including 
three  reformatoxy  ships,  was  fifty-six. 

The  total  number  of  admissions  to  these  schools  during  the  year  1889  was 
1,512,  viz  :     In  England,  boys,  1,155  ;  girls,  182.     In  Scotland,  boys,  139  ;  girls,  36. 

The  number  under  detention  on  December  31st,  1889,  was,  boys  5,070,  girls 
870;  total  5,940.  Of  these,  751  boys  and  77  girls  wei-e  living  outside  with 
respectable  persons  under  license ;  seven  were  sent  to  prison  and  forty-three 
absconded,  leaving  actually  in  the  schools  at  the  date  of  the  report  4,280  boys  and 
782  girls. 

"In  Scotland  the  inspector  says  "  it  is  still  very  diflBcult  to  keep  up  the  girls' 
reformatories.  There  seems  no  disposition  on  the  part  of  the  Scotch  magistrates 
to  send  girls  to  these  institutions  so  long  as  previous  imprisonment  is  necessary. 
The  same  feeling  is  becoming  strong  in  England  and  it  is  anticipated  that  this 
provision  of  the  law  which  works  much  evil  and  does  no  good  will  be  repealed. 

Of  the  juveniles  sent  to  these  schools  eleven  boys  were  under  ten  years  of 
age;  152  boys  and  10  girls  were  from  ten  to  twelve  ;  442  boys  and  62  girls  were 
from  twelve  to  fourteen,  and  679  boys  and  156  girls  were  from  fourteen  to  sixteen. 

Five  hundred  and  forty-two  boys  and  195  girls  had  not  been  previously  con- 
victed, sixty-two  boys  and  twenty-four  girls  had  been  previously  convicted  once, 
190  boys  and  seventy  girls  had  been  convicted  twice,  fifty-seven  boys  and  two 
girls  three  times  and  thirty-three  boys  four  times  and  upwards. 

Of  those  admitted  to  English  reformatories  in  that  year  forty-one  had  lost 
both  parents,  fifty-six  had  been  deserted,  the  parents  of  thirteen  were  in  prison 
and  twenty-eight  were  illegitimate.  Of  those  sent  to  Scotch  reformatories  four 
had  lost  both  parents  and  had  been  deserted  and  six  were  known  to  be  illegitimate. 

The  total  expenditure  for  the  maintenance  of  those  reformatories  was 
£118,714,  of  which  £4,775  was  collected  from  parents  in  England,  and  £261 
in  Scotland.  The  average  cost  per  head  was  for  boys'  reformatories  in  England 
£19  7s  3d  :  in  Scotland  £17  2s  Id  :  for  girls'  reformatories  in  England  £19  6s.  7d  ; 
in  Scotland  £20  17s.  2d. 

~         Few  or  none  of  the   reformatories   in    Great  Britain,  so    far   as   we   can 
learn  from  the  inspector's  report,  are  conducted  on  what   is   called  the   cottage 


53 


system,  but  then  the  average  number  in  the  schools  was  but  ninety. 
In  one  girls'  school  the  number  was  sixteen,  in  others  it  ranged  from 
twenty-six  to  sixty.  In  one  boys'  school  the  number  was  only  twenty-five,  in 
another  twenty-eight,  in  another  thirty-two  and  in  several  it  was  less  than  sixty.  In 
only  ten  of  the  boys'  schools  in  England  and  in  four  in  Scotland  did  the  number 
exceed  100.  At  the  Red  Hill  schoorestablished  by  the  Philanthropic  Society  long 
before  the  government  lent  any  aid  to  such  institutions  there  were  on  the  day  of 
inspection  300  boys,  exclusive  of  31  on  license,  and  for  these  there  were  five 
separate  houses.  In  one  of  these,  however,  were  fifty-eight  of  the  senior  lads,  in 
another  sixty-one  of  the  juniors. 

The  literary  instruction  given  in  all  the  schools  appears  to  be  the  same  that  is 
given  in  the  Board  schools.  In  some  there  was  a  class  of  standard  six,  as  it  is  called 
there  :  in  all  there  were  classes  of  standard  five  and  of  the  lower  standards.  The 
inspector  examined  them  all  and  his  report  shows  that  they  were,  as  other  schools, 
of  various  degrees  of  excellence  ow-ing  in  most  cases  to  the  difference  in  the  capa- 
city and  character  of  the  teachers,  but  in  some  cases  to  the  character  of  the  pupils. 
On  the  whole  the  literary  work  appears  to  be  well  done  as  far  as  it  goes. 

The  industrial  training  varies  according  to  the  circumstances.      The  inspector 
.  says  "  of  all   the  occupations  for  reformatory  boys  undoubtedly  the  best  is  farm 
work  and  market  gardening,  and  of  the  indoor  work  I  give  the  preference  to  print- 
ing,book  binding.turning  and  carpentering."  Tailoring  and  shoemaking,he  says,are 
necessary  occupations  to  supply  the  wants  of  the  schools.     Where  bread  is  baked 
in  any  quantity  the  boys  employed  in  the  bakehouse  can  always  obtain  good  places 
when  they  leave.     The  views  of  the  managers  of  several  of  the  schoolsseem  to  coin- 
cide with  those  of  the  inspector  as  farming,  market  gardening  and  fruit  culture  are 
carried  on  extensively  and  successfully  in  several  of   the  schools.      Take  for 
instance  the  report  of  the  school  at  Carlton,  Bedfordshire.     In  this  school  were 
only  sixty -five  boys  and  yet  besides  the  other  work  on  farm  and  garden  they  had 
five  horses,  fourteen  cows.,  six  young  sheep,  thirteen  calves,  seventy  pigs  and 
a  poultry  yard  to  look  after  :  they  made  improvements  on  the  farm  roads,  baked 
their  ow^n  bread,  made  and  mended  their  own  clothing  with  the  assistance  of  a 
tailor  who  came  occasionally.    To  help  them  in  all  this  they  are  reported  to  have  had 
only  a  farm  bailifi",  a  labourer  aud  the  labourer's  wife  who  acted  as  dairy  woman. 
So  at  Bradwell,  with  the  exception  of  a  little  tailoring,  the  occupation  is  outdoor 
work  in  farm  and  garden  which  fully  occupies  the  boys  there.     "  The  boys  are 
practically  trained  and  well  fitted  for   country  life."     In  the  Devon  school  at 
Brampton  the  boys,  twenty-four  in  number,  "  are  employed  in  farm  and  garden 
work.     A  tailor  comes   occasionally  to  mend  clothes,  wdth  the  assistance  of  the 
boys.  The  boys  work  out  a  good  deal  amongst  the  neighboring  farmers."   In  other 
schools  classes  work  at  tailoring,  shoemaking  and  carpenter  work,  but  in  most 
cases  agriculture,  the  care  of  stock  and  market  gardening  are  the  chief  employ- 
ments and  in  many  the  boys  go  out  to  work  for  farmers  or  in  garden.s.     From 
some  schools  considerable  quantities  of  garden  produce  are  sent  to  the  neighbour- 
incr  towns  for  sale  ;  others  have  quantities  of  shoes  to  dispose  of.     One  sold  14,000 
pairs  of  boots  and  shoes  during  the  year.     In  one,  at  least,  basket  making  is  found 
suitable,  in  another  a  good  deal  is  done  in  the  rope  making  and  twme  spinning 
department.     There  is"  a  good  demand  in  some  districts  for  sheep-nets,  wall  and 
fruit  nets.     In  the  training  ships  the  boys  are  taught  sail  making  and  all  that 
pertains  to  a  seaman's  duty.  • 

In  the  Yorkshire  school  for  Catholic  boys  at  Market  Wighton  m  which  there 
were  215  boys,  printing  and  book- binding  are  carried  on  extensively.  There 
were  twenty-six  printers  and  sixteen  book-binders.  During  the  first  six  months 
700,000  copies  of  various  pamphlets  and  books  were  printed,  besides  numbers  of 


54 


bill  heads  and  other  work.  Knitting  machines  had  also  been  introduced  and 
thirty  boys  are  employed  at  these  :  twenty-four  were  employed  in  the  tailor's  shop, 
eighteen  in  the  shoemaker's,  three  in  the  carpenter's  and  a  large  number  on 
the  farm. 

The  mark  system  has  been  introduced  in  several  of  the  schools,  and  it  appears 
to  have  worked  well.  In  some  the  system  of  grades  also  is  in  operation.  Boys 
who  gain  a  certain  number  of  marks  are  paid  a  small  sum,  the  amount  paid  to  the 
boys  in  the  higher  grades* being  larger  than  what  is  paid  to  the  boys  of  the  lower 
grades.  The  sj^stem  of  license  is  carried  out  in  all  the  schools.  We  are  told  of 
the  Castle  Howard  school  in  York  that  the  licensing  system  is  carried  on  with 
great  care,  cost  and  trouble,  and  results  very  favorably  in  the  majority  of  cases. 
The  boys  on  license  are  under  regular  supervision  and  are  in  every  day  corres- 
pondence with  the  school. 

The  girls  receive  a  literary  education  similar  to  that  given  to  the  boys  and 
are  taught  plain  cooking,  laundry  work,  sewing,  knitting  and  general  house  work, 
the  object  being  to  fit  them  for  domestic  service. 

The  Inspector  reports  that  the  conduct  in  the  schools  is  as  good  as  perhaps  it 
would  be  reasonable  to  expect.  In  some,  discipline  is  much  better  and  the  punish- 
ments are  fewer  than  in  others.  This,  in  most  cases,  is  due  to  the  ditterence  in  the 
character  of  the  superior  and  of  the  teachers,  some  lacking  the  power  to  control  and 
influence  which  others  possess  in  a  remarkable  degree.  Indeed  the  moral  condition 
of  the  school  in  which  punishments  were  most  severe  and  most  numerous  was  the 
worst  of  all  reported  upon.  Sometimes  one  or  two  boys  or  girls  excite  others  to 
misconduct  and  cause  much  trouble.  Quarrelling,  fighting,  insubordination,  wilful 
destruction  of  property,  violent  and  obscene  language,  petty  thefts,  indecency  and 
absconding  were  causes  of  more  or  less  punishment  in  nearly  all  the  boys'  schools. 
In  the  girls'  schools  wilfullness,  forwardness,  stubborness  and  insubordination,  bad 
language  and  petty  thefts  are  the  chief  causes  of  complaint. 

One  of  the  advantages  of  entrusting  the  care  and  control  of  these  schools  so 
largely  to  voluntary  associations  and  to  denominational  organisations  is  that  much 
care  is  taken  to  provide  employment  for  the  boys  and  girls  in  the  outer  world 
wlien  their  period  of  detention  has  as:pired. 

The  discharges  from  the  reformatory  schools  in  1889  were,  boys,  1,325,  girls, 
236,  total  1,56],  and  these  were  disposed  of  as  follows  : — 


Boys. 

Girls. 

Total. 

To  employment  or  service    

518 

510 

9G 

122 

29 

17 

131 
79 
11 

649 

Placed  out  through  relatives  

589 

Emigrated 

107 

Sent  to  sea    . .   . 

122 

Enlisted   

7 

3 
2 
3 

29 

Discharged  from  disease f.^ 

24 

"        as  incorrigable   ...7 

3 

Died 

18 
15 

20 

Absconded  and  not  recovered 

18 

1325 

236 

1561 

The  numbers  discharged  from  all  the  reformatories  in  the  years  1885,  1886 


and  1887  were  3,G91  boys  and  715  girls.     Of  these  eighty-four  had  died.      Of 
the  remainder  it  is  stated  that ; — 


Of  the  boys : 


2,847  or  about  78  per  cent,  were  doing  well. 
69    "       "         2  "       "  "     doubtful. 

507    "       "       14  "       "  "     had  been  convicted. 

201    "       "         6  "       "  "     were  unknown. 

Of  the  girls  that : 

514  or  about  73  per  cent,  were  doing  well. 

73    "       "  10    "       "  "     doubtful. 

48    "       "         7    "       "  "     had  been  convicted. 

66    "       "  10    "       "  "     were  unknown. 

These  are  not  as  good  results  as  are  sometimes  claimed  by  the  managers  of 
reformatories  in  other  countries.  It  should  be  remembered  however  that  since 
the  establishment  of  industrial  schools,  only  boys  and  girls  who  have  been  guilty 
of  some  serious  offence  and  who  bear  bad  reputations  are  sent  to  the  reforma- 
tories, and  that  to  these  are  also  sent  boys  and  girls  who  prove  unmanageable  in 
the  industrial  schools.  Mr.  Tallack  says  (p.  352)  "The  multitudes  of  young  per- 
sons thus  taken  over  by  the  state,  has  often  been  crowded  together  without  due 
classification,  and  with  a  demoralizing  mixture  of  those  of  tender  years  with 
older  and  vicious  youths.  Hence  the  numerous  outbreaks,  riots  and  incendiarisms 
which  have  taken  place  in  reformatories  and  training  ships.  More  than  a  few  of 
these  have  at  one  time  or  another  been  set  on  tire  by  their  inmates.  Hence  also 
the  frequent  complaints  by  prison  officers,  that  some  of  the  worst  convicts  are 
those  who  have  been  trained  in  such  institutions  " 

The  report  of  Mr.  Inglis,  the  Inspector  from  which  we  have  quoted  so  largely, 
and  which  seems  to  be  candid  and  truthful,  does  not  justify  such  sweeping  charges, 
■although  it  does  shew  that  much  in  the  way  of  the  reformation  of  the  criminal 
youth  of  Great  Britain  remains  yet  to  be  done. 

Industrial  Schools. 

It  was  found  at  an  early  period  in  the  history  of  this  reformatory  movement 
that  it  was  necessary  to  do  something  for  the  thousands  of  idle,  neglected,  and 
destitute  children  not  yet  convicted  of  any  offence,  who  swarmed  in  the  lanes  and 
alleys  of  all  the  cities  and  large  towns,  and  who  if  not  cared  for  would  sooner  or 
later  drift  into  the  ranks  of  the  criminal  classes.  In  London,  ragged  schools  were 
established  and  rendered  much  service.  At  first  they  were  held  on  Sundays 
only.  Afterwards  they  were  held  every  evening,  and  the  children  of  the  very 
poor  and  even  of  the  vicious  were  induced  to  attend  by  having  a  cheap  but  sub- 
stantial meal  furnished  in  the  Kefuges  to  all  who  complied  with  the  rules.  Day 
schools  were  subsequently  established.  Personal  cleanliness,  good  order  and 
attention  to  work  only  were  required,  but  in  some  cases  clothing  sufficient  for 
purposes  of  decency  were  provided  by  the  managers.  The  Ragged  School 
Mission  had  166  stations  in  London  in  1857,  Of  these  sixteen  were  Refuges  or 
feeding  schools.  They  had  330  paid,  and  2,139  unpaid  teachers,  and  24,886 
scholars  besides  16,937  who  attended  their  Sunday  schools. 

About  the  year  1840,  Sheriff  Watson  established  in  Aberdeen  what  was 
called  an  Industrial  Feeding  School.  To  this  all  destitute  boys  were  admitted. 
The  scholars  assembled  every  morning  at  seven  in  summer  and  at  eight  in  winter. 


56 


The  school  was  opened  by  reading  the  scriptures,  praise  and  prayer,  and  by 
religious  instruction  suited  to  their  years,  after  which  there  was  a  lesson  in  geo- 
graphy or  the  more  ordinary  facts  of  natural  histor^^  The  rest  of  the  day  was 
occupied  in  manual  work,  in  school  work  and  in  recreation.  They  received  three 
substantial  meals  and  returned  to  their  homes  at  eight  o'clock  at  night.  The 
attendance  was  very  regular,  as  the  boys  who  did  not  attend  betimes  in  the  morn- 
ing received  no  breakfast.  A  similar  school  for  destitute  girls  was  afterwards 
established.  This  mode  of  dealing  with  destitute  and  delinquent  juveniles  was 
adopted  in  all  the  chief  cities  of  Scotland,  and  in  many  of  the  cities  and  towns  of 
England,  and  was  everywhere  remarkably  successful.  Its  great  advantage  was 
that  it  did  not  break  or  weaken  the  family  tie,  that  it  trained  the  children  to 
habits  of  order,  of  industry,  of  self-restraint  and  self-respect  and  did  not  encou- 
rage pauperism  because  every  child  felt  that  he  did  all  he  could  to  earn  what  he 
got. 

What  is  now  called  "  The  Industrial  School  "  seems  to  have  grown  out  of 
the  "  Industrial  Feeding  School."  All  schools  of  this  description  were  supported 
by  voluntary  contributions  until  1854.  After  that  several  Acts  of  Parliament 
respecting  them  were  passed.  The  Industrial  School  Act  of  1866  (29  and  30  Vic, 
c.  118),  repealed  all  former  enactments  provided  for  the  establishment,  main- 
tenance, management,  and  inspection  of  such  schools  and  enacted  as  to  the  classes 
of  children  to  be  detained  in  them  as  follows  : 

Sec.  14.  Any  person  may  bring  before  two  justices  or  (in  Scotland)  a  magis- 
trate any  child  apparently  under  the  age  of  fourteen  years  that  comes  within  the 
following  description,  namely  : 

That  is  found  begging  or  receiving  alms  (whether  actually  or  under  pretext 
of  selling  or  offering  for  sale  anything),  or  being  in  any  street  or  public  place  for 
the  purpose  of  so  begging  or  receiving  alms. 

That  is  found  wandering  and  not  having  any  home  or  settled  place  of 
abode,  or  proper  guardianship,  or  visible  means  of  subsistence. 

That  is  found  destitute,  either  being  an  orphan  or  having  a  surviving  parent 
who  is  undergoing  penal  servitude  or  imprisonment. 

That  frequents  the  company  of  reputed  thieves. 

These  provisions  were  found  to  be  insuflficient,  and  in  1880,  section  1 
of  the  Act  43  and  44  Vie,  c.  15,  added  : 

"  That  is  lodging,  living,  or  residing  with  common  prostitutes,  or  in  a  house 
resided  in  or  frequented  by  prostitutes  for  the  purpose  of  prostitution.." 

The  justices  or  the  magistrate  upon  being  satisfied  that  the  charge  in  any 
case  is  well  founded,  send  the  child  to  a  certified  Industrial  School. 

Section  15  of  this  last  Act  provides  that  when  a  child  apparently  under  the 
age  of  twelve  "  is  charged  with  an  offence  punishable  by  imprisonment,  or  a  less 
punishment,  but  has  not  been  in  England  convicted  of  felony,  or  in  Scotland  of 
theft,  and  the  child  ought  in  the  opinion  of  the  justices  or  magistrate  (regard 
being  had  to  his  age  and  to  the  circumstances  of  the  case),  to  be  dealt  with  under 
this  Act,  the  justices  or  magistrate  may  order  hitn  to  be  sent  to  a  certified  Indus- 
trial School." 

Section  16  provides  that  "  Where  the  parent,  or  step-parent,  or  guardian  of 
a  child,  apparently  under  the  age  of  fourteen  years,  represents  to  two  justices  or 
a  magistrate  that  he  is  unable  to  control  the  child  and  that  he  desires  that  the 
child  be  sent  to  an  Industrial  School,  under  this  Act  the  justices  or  magistrate,  if 


57 


satisfied  on  enquiry  that  it  is  expedient  to    deal  with  the  child  under  this  Act, 
may  order  him  to  be  sent  to  a  certified  Industrial  School." 

In  like  manner  refractory  work-house  children,  apparently  under  the  age  of 
fourteen,  may  on  complaint  of  the  guardians  be  sent  to  an  Industrial  School. 

The  distinction  made  between  children  under  twelve  years  of  age  and  thos& 
under  fourteen  should  be  observed. 

The  order  made  by  the  magistrate  or  justices  must  specify  the  time  for  which 
the  child  is  to  be  detained,  not  in  any  case  extending  beyond  the  time  when  the 
child  will  attain  the  age  of  sixteen  years,  and  must  name  the  school  to  which  he 
is  to  be  sent,  and  the  justices  or  magistrate  "in  determining  the  school  must 
endeavour  to  ascertain  the  religious  persuasion  to  which  the  child  belongs,  and 
they  are  if  possible  to  select  a  school  conducted  in  accordance  with  such  religious 
persuasion,  and  their  order  is  to  specif}^  such  religious  persuasion."  If  a  mistake 
is  made  in  this  respect,  section  20  provides  that  it  shall  be  rectified  on  the  appli- 
cation of  the  parent,  step-parent,  guardian  or  nearest  relative,  but  the  application/ 
must  be  made  before  the  child  has  been  sent  to  such  school  or  within  thirty  days- 
after  his  arrival  thereat. 

Section  26  of  the  Industrial  Schools  Act  of  1866,  authorises  the  managers  of 
an  Industrial  School  to  "  permit  a  child  sent  there  under  this  Act  to  lodge  at  the 
dwelling  of  his  parent,  or  of  any  trustworthy  and  respectable  person,  so  that  the 
managers  teach,  train,  clothe  and  feed  the  child  in  the  school  as  if  he  were  lodg- 
ing in  the  school  itself,  and  so  that  they  report  to  the  Secretary  of  State  in  such 
manner  as  he  thinks  fit  to  require  every  instance  in  which  they  exercise  a  discre- 
tion under  this  section." 

Sections  27  and  28  of  that  Act  make  provisions  respecting  the  licensing  of 
children  to  live  with  trustworthy  persons,  and  the  apprenticing  of  children 
similar  to  those  made  by  sections  18  and  19  of  the  Act  relative  to  Reformatory^ 
Schools. 

The  Industrial  Schools  are  for  the  greater  part  denominational.  In  England 
there  are  46  Industrial  Schools  for  Prote.-^tant  boys,  38  for  Protestant  girls  ;  11 
schools  for  Catholic  boys,  and  9  for  Catholic  girls.  In  Scotland  the  Protestants  have 
14  schools  for  boys,  and  11  for  girls;  the  Catholics  3  for  boys,  and  2  for  girls. 
In  England  there  are  4  schools,  and  in  Scotland  4  in  which  the  detained  are 
Protestant  and  Catholic.  In  the  Edinburgh  schools  of  this  class,  and  indeed,  at 
all  the  others  and  in  the  training-ship  schools  Catholic  teachers  are  employed  for 
the  Catholic  childi'en,  and  proper  regulations  as  to  their  religious  instruction  and 
attendance  at  public  w^orship  are  enforced. 

There  are  still  eight  Industrial  Schools  in  England  and  Scotland  in  which 
both  boys  and  girls  are  received.  These  are  called  mixed  schools.  In  some  of  these 
the  boys  and  girls  use  the  same  school  rooms  and  dining  halls.  In  others  they 
live  completely  apart.  But  even  the  latter  are  found  objectionable.  The  Inspector 
says  :  "  I  have  never  ceased  to  protest,  as  my  predecessor  did  before  me,  against 
mixed  schools  *  *  *  The  system  of  collecting  boys  and  girls  under  the  same 
roof  and  under  the  same  management  has  broken  down  over  and  over  again,  and 
may  be  expected  to  do  so  at  shorter  or  longer  intervals  as  long  as  such  schools 
exist." 

Section  19  of  this  Act  provides  that  two  justices  or  a  magistrate  Avhile 
enquiry  is  being  made  respecting  a  child  or  respecting  a  school  to  which  he  may- 
be sent  may,  order  the  child  to  be  taken  to  the  workhouse  or  poorhouse,  or 
where  there  is   no  such  poorhouse  or   it  is  at  an  inconvenient   distance  to  such 


58 


othnr  place,  not  being  a  prison,  as  the  magistrate  thinks  fit,  to  be    detained  there 
at  the  cost  ot  the  prison  for  any  period  not  exceeding  seven  days. 

A  school  may  not  be  at  the  same  time  a  certified  Industrial  School  and  a 
■certified  Reformatorj^  School. 

The  prison  authorities  of  any  county,  city  or  borough,  may  contribute  to  the 
<;ost  of  erecting,  enlarging,  repairing  or  supporting  an  Industrial  School.  Children 
not  committed  by  any  court  are  received  in  some  of  those  schools  on  application 
of  the  parents  or  guardians.  While  in  the  schools  they  are  subject  to  the  rules 
of  the  institution  and  the  authority  of  its  officei's. 

Of  the  Industrial  Schools,  six  were  established  by  county  authorities,  eight 
including  a  training-ship  school  are  managed  by  school  boards.  All  the  others, 
128  in  number,  including  the  schools  of  six  training-ships  were  established 
hy  voluntary  associations  by  which  they  are  still  managed. 

The  number  of  children  sent  to  the  Industrial  Schools  during  the  school  year 
1889,  was— boys  3,408,  girls  870,  total  4,278.     The  ages  of  these  children  were  :— 


Boys. 

Girls. 

Total. 

iFrom  6  to    8 

126 

546 

1,337 

1,399 

123 
181 
290 
276 

249 

"       8  "  10    

727 

"    10  "12    

1,627 
1,675 

"    12  "  14    

3,408 

870 

4,278 

The  total  number  in  these  schools  at  the  close  of  the  year  was  12.861  boys,  and 
3,983  girls,  total  16,844,  besides  1,057  boys,  and  216  girls,  total  1,273,  who  were 
out  "  on  license." 

Of  3,264  children  sent  to  English  Industrial  Schools,  2,000  were  sent  at  the 
instance  of  school  boards.  Of  these  644  were  sent  by  the  London  Board.  The 
school  boards  which  have  not  schools  of  their  own  or  which,  as  is  the  case  in 
London,  have  not  sufficient  room  in  their  own  schools,  make  arrangements  with 
the  managers  of  association  schools. 

The  total  amount  received  for  the  support  of  Industrial  Schools  from  all  sources 
during  the  year  was  £353,827.  The  government  allowance  was  £1«8,688;  sub- 
scriptions and  legacies  amounted  to  £35,292  ;  payments  from  county  rates  were 
£28,072;  from  borough  rates,  £28,072  ;  from  school  boards,  £54,122  ;  from  parochial 
authorities,  £1,892  ;  payments  from  voluntary  inmates  were  £3,977,  and  the 
profits  from  the  Industrial  departments,  including  £5,243  hire  of  labour,  was 
£24,234  ;  sundries  are  credited  for  £7,460. 

The  total  amount  received  from  parents  in  England  and  Wales  was 
£10,096  15s.  6d. 


59 


The  average  cost  of  each  inmate  of  the  schools  was  : 

Boys  schools  in  England,  £17  18s.  lid.;  in  Scotland,  £18    18s.  8d. 
Girls         '■■  "  17     5s.     2d.;  "  13      7s.  4d. 

.Mixed      "  "  14  17s.     8d.;  "  13    10s.  Id. 

The  growth  of  the  Industrial  Schools  has  been  very  rapid.  In  1864  the 
entire  number  of  children  in  such  schools  at  the  close  of  the  year  was  1,6(58  ;  in 
1874  it  was  11,509  ;  in  1884,  including  truant  schools,  it  was  19,383 ;  in  1889,  it 
was  21,059. 

The  number  of  inmates  in  some  of  the  Industrial  Schools  is  small  ;  in  one  it  is 
but  14,  in  another  19,  and  in  several  it  is  less  than  50,  but  in  many  the  number 
exceeds  200,  and  in  a  few  is  even  much  larger.  The  "  congregate  "  system  seems 
to  prevail  in  all. 

Of  the  literary  instruction  in  these  and  in  the  Reformatory  Schools  the 
inspector  says  : 

"  I  think  I  maj''  safely  report  that  in  most  of  our  schools  the  educational  con- 
dition is  as  satisfactory  as  can  be  expected,  considering  that  nearly  all  the  children 
come  to  us  in  a  very  ignorant  state,  at  all  ages  from  six  to  sixteen,  many  unable 
to  read  or  write  at  all.  Nearly  all  very  imperfectly.  When  they  come  to  us  they 
have  three  hours  daily  devoted  to  secular  education,  and  with  efficient  teachers  and 
a  sufficient  teaching  staff  a  child  of  ordinary  aptitude  should  be  able  before  he  is  dis- 
charged to  read  so  as  to  understand  and  be  understood,  to  write  a  legible  and 
correctly  spelled  dictation,  and  have  a  fair  knowledge  of  arithmetic.  The  child 
who  can  do  this  may  be  said  to  have  mounted  the  lower  and  more  difficult  steps 
of  the  educational  ladder  and  to  have  been  given  the  power  to  improve  himself 
after  discharge  and  rise  higher  should  he  wish  to  do  so  and  have  it  in  him. 

"  The  education  is  real  as  far  as  it  goes,  and  in  some  schools  we  find  extra 
subjects  taught,  and  where  they  are,  examinations  are  generally  held  in  connection 
with  the  Science  and  Art  department  *  *  *  but  drawing  should  be  taught  in 
all  *  *  *  Religious  instruction  is  well  attended  to  in  all  the  schools.  Physical 
training  is  just  as  necessary  as  educational  *  *  *  Two  hours  are  devoted  daily  to 
recreation,  and  it  is  important  that  they  should  not  be  spent  in  listless  loitering 
about  the  play-ground,  but  in  active  and  hearty  play.  I  always  recommend  that 
in  selecting  a  teacher  or  official,  the  preference  should  be  given  to  one  who  can 
join  and  direct  the  boys  in  their  out-door  sports.  Many  of  the  schools  have 
good  cricket  and  foot-ball  clubs :  drill  in  moderation  is  useful  and  especially 
what  is  called  '  setting  up  drill '  and  so  is  the  use  of  the  dumb-bells  and  gymn- 
nastic  exercises."  He  recommends  the  general  adoption  of  a  newly  introduced 
musical  drill. 

An  examination  of  the  reports  respecting  the  different  schools,  leaves  the  im- 
pression that  the  literary  work  done  in  these  schools  and  the  results  do  not  differ 
much  from  the  work  and  results  of  the  Reformatory  Schools,  although  as  there  are 
several  very  young  children  in  the  Industrial  Schools  the  junior  classes  must  be 
comparatively  larger  The  industrial  occupations  also  are  similar.  Wherever  the 
circumstances  })ermit,the  boys  are  employed  chiefly  in  agricultui'e,the  care  of  stock, 
market  gardening,  and  fruit  culture  ;  but  some  of  the  schools  are  in  or  near  cities 
and  towns,  and  in  these  the  boys  are  engaged  largely  in  mechanical  industries.  In 
most  cases  the  boys  so  engaged  earn  little,  as  few  have  the  strength  or  skill 
necessary  to  produce  finished  articles.  The  girls  generally  receive  the  training 
necessary  to  render  them  good  domestic  servants  and  good  needlewomen.  The 
conduct  of  the  children  is  generally  better  than  the  conduct  of  those  in  the 


60 


reformatories,  as  comparatively  few  of  them  were  ver}'  bad  when  sent  to  the 
schools.  But  it  would  be  a  great  mistake  to  suppose  that  young  children  are 
alwa5'6  innocent.  Some  of  them  are  very  wicked  and  cause  a  great  deal  of 
trouble.  The  otfences  committed  are  to  a  great  extent  of  the  same  character  as 
those  reported  in  the  Reformatory  Schools. 

Taking  a  few  of  the  special  reports  for  example,  we  find  that  in  the  Stockport 
Industrial  School  for  bo3's,  in  which  there  were  150  inmates,  the  educational 
work  was  fairW  done.  In  standard  5  there  were  15  boys,  and  the  work  was  fair 
except  in  arithmetic,  in  which  there  were  G  failures  ;  in  standard  4  there  were  23,. 
and  the  reading  atid  spelling  were  very  good,  and  so  on.  Of  the  industrial  training 
it  is  stated  that  the  industrial  activity  is  well  maintained  ;  25  were  employed  in 
tailoring, 33  in  shoemaking,34inbrushmaking.  Good  work  was  done  by  these  classes. 
There  were  smaller  classes  in  the  carpenter's  and  plumber's  shops.  A  class  was 
engaged  in  making  children's  carriages.  Of  conduct  and  discipline  it  is  stated 
that  no  cause  had  been  given  for  serious  anxiety,  "  the  boys  are  under  good 
influence,  and  "learn  to  control  themselves  in  a  large  degree.  There  was  one 
case  of  theft,  one  of  robbing  in  a  shop,  one  of  absconding,  a  few  cases  of  quarrelling 
and  fighting.     The  boys  were  manly  and  well  behaved." 

Of  the  St.  Nicholas  Catholic  School  for  boys  at  Little  Ilford,  Essex,  it  is 
stated  that  very  few  schools  provide  more  thoroughly  for  the  necessities  of  the 
case.  There  were  45  boys  in  standard  5,  In  that  class  the  reading  was  fair,  but 
capable  of  improvement,  the  spelling  very  good,  the  writing  excellent.  In  arith- 
metic 27  passed,  17  failed.  There  were  35  in  standard  4.  The  other  classes  were 
larger.  The  industrial  training  receives  careful  attention — 39  boys  work  with 
the  tailors:  47  in  shoemaking :  45  in  mat  making;  21  in  the  field  and 
garden.  Others  were  employed  at  knitting,  baking,  and  housework.  The  report  as 
to  conduct  is^  satisfactory ;  yet  there  were  cases  of  theft,  laziness,  disorder, 
wilful  damage,  quarrelling  and  impertinence.  The  report  adds  that  the  boys 
were  well  in  hand,  and  managed  with  much  tact,  special  experience,  and 
wisdom. 

Of  the  Church  Farm  School  at  East  Barnet,  Herts,  which  had  85  boys  of 
whom  64  were  on  the  voluntary  list,  we  are  told  that  education  was  carefully 
attended  to,  that  there  were  22  boys  in  standard  6  whose  work  was  most  credit- 
ably done,  25  in  standard  5,  and  17  in  standard  4.  The  industrial  occupation 
is  chiefly  agriculture  ;  a  farm  of  50  acres  is  attached  to  the  school,  and  the 
garden  is  large.  The  boys  take  care  of  8  milch  cows,  and  of  pigs,  poultry,  etc. 
There  are  also  a  tailoring  class,  and  a  class  that  make  and  mend  boots.  Natuial 
history  aud  the  science  of  agriculture  are  taught  in  the  school.  This  is  mani- 
festly a  superior  school,  and  the  boys  are  said  to  be  generally  good,  yet  theie 
were  one  serious  case  of  stabbing  with  a  knife,  one  case  of  gross  immorality,  two 
cases  of  absconding,  and  "  more  cases  of  petty  theft  and  dishonest}^  than  is 
desirable." 

The  largest  of  these  schools  is  that  of  the  London  County  Council  at  Feltham,, 
in  which  there  were  643  boys  resident  on  the  day  of  inspection.  This  school  is 
expensively  conducted,  the  net  cost  per  head  being  £25, 7s.,  Id.  per  annum.  The 
work  of  education,  the  report  says,  was  carefull}'  and  accurately  done,  35 
boys  had  passed  standard  five,  and  69  were  in  that  class.  In  standard  four,  there 
were  118  :  in  standard  three,  183:  in  standard/ two,  181  :  and  in  standard  one,  57. 
Of  the  results  of  the  examination  no  particulars  are  given.  Of  the  industrial 
training  it  is  stated  that  30  bo3'^s  were  working  as  tailors,  31  as  shoemakers,  16 
as  carpenters,  9  as  painters,  8  as  smiths,  10  as  bricklayers,  8  as  engineers,  12  as 
cooks,  11  as  bakers,  80  on  the  farm,  229  in  general  agricultural  employment,  80 


61 


in  the  seamaaship  division,  12  in  the  laundry,  28  as  menders  and  repairers,  24 
as  shirt  and  sock  makers,  and  5  were  employed  in  miscellaneous  worls..  "  The 
technical  instruc'ion  is  of  the  utmost  value,  and  a  benefit  to  the  boys  themselves." 
Tiie  boys  drill  well,  and  receive  instructions  in  gymnastics.  The  conduct  of  the 
boys  was  reported  satisf  actor}^  "  The  boys  were  well  in  hand.  Discipline  is  strictly 
maintained  *  *  *  There  is  little  or  no  insubordination  of  a  serious  character.  But 
a  handful  of  incorrigibles  sometimes  assert  themselves  and  require  to  be  sharply 
dealt  with  *  *  *  Some  cases  of  bullying,  defiance  of  ofiicers,  impudence,  petty 
theft,  and  a  few  cases  of  absconding." 

In  some  schools  the  system  of  marks  is  found  to  work  well,  and  boys  can 
earn  from  one  penny  to  two  pence  a  week  by  gaining  marks.  In  several  there 
are  good  bands. 

The  staff  including  principal,  assistant  teachers,  trade  instructors,  farm  in- 
structors, and  all  others,  number  about  one  to  every  twelve  boys  :  in  some  cases 
not  more  than  one  to  fifteen. 

Sometimes  a  school  is  exceptionally  bad.  Of  a  boys'  refuge  in  Liverpool  it 
is  said  "  there  has  been  neither  order  nor  discipline  during  the  year.  A  want  of 
proper  authority  and  no  control.  There  have  been  77  cases  of  absconding,  and 
in  6  cases  the  boys  remained  undiscovered.  One  boy  was  sent  to  prison  and  one  to 
a  Reformatory  school  for  theft.  Punishment  has  been  extremely  severe,  and  has 
produced  no  result.  It  is  not  punishment  that  is  wanted,  but  judicious  manage- 
ment, of  which  there  has  been  none." 

The  Cumberland  one  of  the  six  ships  in  which  boys,  besides  receiving  a 
literary  education,  and  in  some  cases  learning  a  trade,  are  trained  to  seamanship, 
was  burned  on  the  night  of  February  17th.  There  were  360  boys  on  board  when 
the  fire  broke  out.  It  was  found  on  enquiry  that  the  ship  had  been  set  on  fire, 
and  as  the  doors  were  locked  and  the  keys  concealed,  "  little  could  be  done  to 
prevent  the  destruction  of  the  vessel,"  The  crime  was  brought  home  to  five 
boys  who  were  "  handed  over  to  the  civil  powers."  It  would  seem  that  others 
must  have  been  implicated. 

But  although  there  was  so  much  misconduct  in  nearly  all  those  schools 
and  although  several  of  the  inmates  were  vicious,  many  of  the  children  had 
not  previous  to  their  commitment  contracted  very  bad  habits,  or  had  made  little 
progress  in  vicious  ways.  It  was  to  be  expected  therefore  that  their  record,  when 
sent  out  into  the  world,  would  be  better  than  that  of  the  youths  sent  from  the 
Reformatories.  The  returns  for  the  years  1886-7-8  show  that  the  total  number 
discharged  from  the  Industrial  Schools  was  9,178  boys  and  2,221  girls,  total, 
11,39j.  Of  the  boys  168  had  died,  and  of  the  girls  43.  The  remainder  are  classi- 
fied as  follows  : — 

Of  the  boys — 

7,550,  or  about  84  per  cent,  weie  doing  w^ell. 
224,         "  3  "  doubtful. 

416,         "  5  "  convicted  or  recommitted. 

820,         "  6  "  unknown. 

Of  the  girls — 

1,805,  or  about  83  per  cent,  were  doing  well.  /  <^ 

157,         "  7  "  doubtful. 

29,         "  1  "  convicted  or  recommitted. 

187,         "  9  "  unknown. 


62 


Much  care  seems  to  be  taken  in  providing  employment  for  the  children  when 
their  term  of  detention  has  expired.  The  discharges  from  the  Industrial  schools 
in  1889  were — buys,  3,097  ;  girls,  885  ;  total,  8,982.  They  are  accounted  for  as 
follows  • — 


Boys. 

Girls. 

Total. 

To  emDloTtnent  or  sarTiefi    

10  empioymem  or  iWTise 

1411 

850 

159 

440 

96 

43 

25 

51 

22 

538 
246 
27 


1949 

1096 

186 

440 

Enlisted 

17 
8 

46 
3 

96 

Discharged  as  d  is- eased 

60 

Committed  to  Reformatories 

33  • 

Died 

97 

JLbsconded  not  recovered  

25 

Total  

3097 

885 

3982 

In  many  instances  children  are  allowed  to  remain  in  the  schools,  after  their 
term  of  detention  has  expired,  until  employment  is  found  for  them  in  suitable 
places.  At  Dundee  there  is  a  Working  Boys'  Home  in  connection  with  an 
industrial  school.  A  number  of  boys  discharged  or  licensed  work  in  the  town 
during  the  day,  and  are  boarded  and  lodged  in  the  Home  under  the  care  of  a 
superintendent  and  his  wife. 

Truant  Schools. 

Under  the  present  school  law  truancy  became  an  offence  in  Great  Britainjl 
and  the  establishment  of  truant  schools  was  found  necessary.  There  are  now  ten 
of  these  schools  in  England  under  the  management  of  school  boards.  To  them 
are  sent  children  who,  after  repeated  warnings,  have  failed  to  make  a  satisfactory 
number  of  attendances  at  the  ordinary  day  schools.  The  terms  of  detention  vary 
from  a  few  weeks  on  first  commitment  to  a  few  months  if  the  first  or  subsequent 
committals  have  not  the  desired  effect.  In  some  of  these  schools  drill  is  substituted 
for  play,  and  in  some  every  boy  has  to  undergo  a  limited  period  of  confinement  in 
light  cells.  In  others  there  are  no  cells,  and  some  play  is  permitted.  The 
Inspector  "  fails  to  see  that  the  more  strictly  managed  schools  can  show  better 
results "  than  the  others.  Of  the  4,130  boys  sent  to  those  schools  from  the 
time  of  their  establishment  up  to  December  31st,  1889, 

2,606  boys  were  admitted  for  a  second  time. 
1,017  "  "  third  time. 

391  "  "  fourth  time. 

187  ■*  "  fifth  time  and  upwards. 


63 


The  admissions  during-  1889  were  1,532  boys,  the  discharges  1,141,  and  the 
number  in  the  schools  on  December  31st  was  780.  There  were  3,199  on  license. 
The  average  cost  per  head  was  £17  9s.  Id.  per  annum,  borne  by  the  government  and 
the  school  boards.  The  average  length  of  detention  was  about  95  days.  Where  thei  e 
are  no  truant  schools  incorrigible  truants  are  sent  to  the  industrial  schools.  It  is 
suspected  that  in  many  cases  parents  encourage  their  children  to  play  truant  in. 
order  to  be  relieved  of  their  charge.  Much  difficulty  has  been  experienced  in 
enforcing  the  truancy  sections  of  the  school  law,  and  in  some  cases  they  have 
worked  great  hardship. 

The  Superintendent  of  Public  Schools  in  the  State  of  New  York  wrote  tO' 
the  United  States  Minister  at  the  Court  of  St.  James,  asking  for  such  a  statement 
of  facts  relating  to  the  public  school  system  of  Great  Britain  as  may  be  of  service 
in  framing  a  system  by  which  the  attendance  at  schools  of  vicious,  idle  and  in- 
different children  could  be  secured.  To  this  Mr.  R.  P.  Phelps,  second  secretary  of 
the  United  States  legation,  replied  in  a  letter  dated  London,  September  'Ibth^ 
1888.  In  this  letter — which  is  published  in  full  in  No.  7  of  the  New  York  Legis- 
lative Assembly  papers  of  1889 — Mr.  Phelps  describes  the  passing  and  amend- 
ments of  the  Act  of  Parliament  under  which  the  present  English  school  system 
has  been  established.  He  states  that  the  "districts  are  under  the  supervision  of 
a  School  Board,  which  has  entire  control  of  the  schools  in  the  district,  and  has 
power  to  make  by-laws  in  regard  to  attendance  "  ;  and  he  says  : 

"  The  children  are  obliged  to  attend  whenever  the  schools  are  in  session,  sub- 
ject to  various  by-laws  which  have  been  made  with  a  view  to  facilitating  their 
employment  in  earning  their  daily  bread.  In  this  connection  is  heard  a  good 
deal  of  unfavorable  criticism  of  the  compulsory  system.  It  is  argued  that  it  is 
wrong  to  compel  the  attendance  of  a  child  at  school  when  such  attendance  keeps 
him  from  legitimate  employment  by  which  he  is  enabled  materiallj^  to  contribute 
to  the  support  of  his  family,  when  ever}''  little  is  necessary.  There  may  be  some 
foundation  for  complaint  on  this  score  in  certain  cases,  but  this  compulsory  sj^s- 
tem  certainly  keeps  a  vast  number  of  children  employed  who  would  otherwise  be 
idle  and  in  the  streets. 

"  And  then,  too,  there  are  proper  allowances  made  by  means  of  by-laws,  etc., 
for  those  cases  where  the  children  are  absolutely  required  for  work.  For  example, 
there  are  instances,  more  especially  in  the  agricultural  districts,  where  a  child  of 
ten  years  or  upwards  having  passed  a  satisfactory  examination  of  a  certain  stan- 
dard in  reading,  writing  and  elementary  arithmetic,  can,  during  the  term  of  hist 
employment,  attend  school  on  half  time,  say  three  afternoons  a  week.  There  are 
various  laws  of  this  nature  by  which  children  can  attend  school  on  half-time  rules, 

"  The  attendance  of  the  children  in  the  various  districts  is  looked  after  by 
regular  officers  of  the  Education  Department  called  attendance  officers  They 
keep  up  a  continuous  canvass  of  the  district  and  report  the  non-attendance  of  any 
children  to  the  proper  authorities.  This  is  made  tolerably  easy  b}^  means  of  the 
school  register,  which  is  called  over  every  morning  at  school,  and  so  the  absentees 
are  detected  and  attendance  officers  are  sent  to  hunt  them  up. 

"The  parents  of  the  children  are  held  solely  responsible  for  their  attendance- 
at  school,  and  for  neglect  of  their  duty  in  this  respect  they  are  subject  to  a  sum- 
mons before  a  court  of  summary  jurisdiction  on  complaint  made  by  the  local 
authority,  which  may  order  as  follows : 

"  In  the  first  case  of  non-compliance  if  the  parent  of  the  child  does  not  appear. , 
or  appears  and  fails  to  satisfy  the  court  that  he  has  used  all  reasonable  efforts  to- 
enfo*-ce  compliance  with  the  order,  the  court  may  impose  a  penalty  not  exceedino- 
with  costs  five  shillings  ;  but  if  the  parent  satisfies  the  court  that  he  has  used  all 
reasonable  efforts,  the  court  may,  without  inflicting  a  penalty,  order  the  child  ta* 


64 


\)e  sent  to  a  certified  day  industrial  schuol.  In  the  second  or  any  subsequent  case 
of  non-compliance  the  court  may  order  the  child  to  be  sent  to  a  certified  day 
industrial  school,  or  to  a  certified  industrial  school,  and  may  furtlier  in  its  discre- 
tion inflict  any  just  penalty  as  aforesaid  ;  or  for  each  non-compliance  inflict  such 
penalty  without  orderino- the  child  to  be  sent  to  an  industrial  school.  .  .  The 
managei-s  of  any  industrial  school  to  which  a  child  is  thus  sent  may,  if  they  think 
fit,  at-  any  time  after  the  expiration  of  one  month  after  the  child  is  so  sent,  give 
him  a  license  to  live  out  of  school,  but  the  license  shall  be  conditional  upon  the 
child  attending-  as  a  day  scholar  in  such  regular  manner  as  is  specified  in  the 
license,  some  such  school  willing  to  receive  him  and  named  in  the  license  and 
Ijeing  a  certified  efficient  school.  These  schools  are  under  the  direct  control  ot 
the  government  and  not  subject  to  the  Educational  Department  except  indirectly. 
If  the  Secretary  of  State  is  satisfied  that  owing  to  the  circumstances  of  any  class 
of  population  in  any  school  district  a  school  in  which  industrial  training,  elemen- 
tary education,  and  one  or  more  meals  a  day  but  not  lodging  are  provided  for  the 
children,  is  necessary  or  expedient  for  the  proper  training  and  control  of  the 
children  of  such  class,  he  may  certify  any  such  school  in  the  neighborhood  of 
such  population  to  be  a  certified  day  industrial  school. 

"  There  is  one  other  class  of  schools  which  is  designed  expressly  for  truant  boys- 
The  best  sample  of  these  is  Upton  House,  in  London.  The  plan  adopted  by  the 
^oard  for  dealing  with  truants  is  as  follows :  Boys  are  sent  to  Upton  House  by 
the  magistrates,  generally  until  they  shall  arrive  at  the  age  of  sixteen  years,  but 
in  some  cases  for  short  periods  only,  viz. :  for  six  weeks  or  two,  three  or  four 
months.  The  usual  course,  when  the  term  of  detention  is  for  a  sufiiciently  long 
period,  is  to  license  the  child  out  at  the  expiration  of  ten  weeks  on  the  con- 
dition that  he  attends  a  certified  efiicient  school  regularly.  It  then  becomes 
the  duty  of  the  teacher  of  the  school  at  which  he  attends  to  send  a  post  card  to 
the  head  office  on  every  Friday  afternoon,  giving  particulars  of  the  boy's  attend- 
ances. If  his  attendance  continues  to  be  satisfactory  for  a  period  of  nine  months, 
application  is  made  to  the  Home  Secretary  that  the  boy  may  be  discharged.  If, 
however,  the  teacher's  report  shows  that  the  boy  has  not  attended  regularly,  an 
officer  is  at  once  sent  to  visit  the  boy's  home,  and  to  warn  the  parents  that  if  the 
boy  does  not  attend  with  regularity  the  license  will  be  revoked.  In  many  cases 
this  warning  is  effectual ;  but  should  the  boy  continue  to  be  irregular  in  his  attend- 
ance his  license  is  revoked  and  he  is  taken  back  to  school.  On  this  occasion  his 
period  of  detention  extends  to  about  three  months,  after  which  the  boy  is  again 
licensed  out.  If  his  license  is  revoked  a  second  time  his  next  period  of  detention 
is  still  longer.  It  results  that  boys  are  usually  cured  of  their  habits  of  truancy 
without  any  necessity  of  the  revocation  of  their  licenses  ;  but  if,  as  happens  in 
some  few  cases,  three  or  four  revocations  of  a  boy's  license  are  ineffectual,  an  ap- 
plication is  made  for  the  boy's  discharge  and  fresh  proceedings  are  taken  in  order 
that  he  may  be  sent  by  a  magistrate  to  an  ordinary  industrial  school.  These 
facts,"  adds  Mr.  Phelps,  "  I  have  selected  from  the  various  reports  of  the  London 
.School  Board  and  the  Acts  of  Parliament  on  this  subject." 

Day  Industrial  Schools. 

These  schools  are  conducted  upon  the  principles  of  the  Day  Feeding  Schools, 
established  originally  in  Aberdeen.  The  first  was  licensed  by  the  Secretary  of  State 
in  1887.  There  are  now  fifteen  of  these  schools  in  England.  The  average  attendance 
last  year  was  2,599.  The  Leeds'  School  Board  was  building  a  second  school  of  this 
class  in  one  of  the  most  crowded  quarters  of  the  town.  A  third  is  to  be  provided, and 
when  that  has  been  built  some  membei^s  of  the  School  Board  think  that  they  can 


65 


do  without  the  industrial  school.  In  1873  Mr.  Sydney  Turner  reported  that  for  a 
considerable  portion  ot*  the  children  sent  to  industrial  schools  "a  much  cheaper  and 
simpler  form  of  institution,  in  fact  a  good  day  feeding  school  with  fair  means  of  in- 
struction and  employment,  would  answer  the  end  in  view  as  well  as  the  present 
costly  industrial  schools."  The  present  inspector  says  that  experience  has  shown  this 
opinion  to  have  been  well  founded,  and  thinks  that  the  time  will  shortly  come 
when  such  schools  will  form  part  of  every  school  board  system.  Tt  is  remarkable 
that  there  are  but  three  day  industrial  schools  now  in  Scotland,  whci-e  the  idea  of 
such  schools  originated  and  was  first  successfully  carried  out.  These  three, 
established  by  authority  of  a  special  act  of  parliament,  are  all  in  Glasgow. 

These  day  schools  provide  for  the  control  and  training  during  the  day  of 
disorderly  or  neglected  "  children  generally  belonging  to  what  has  been  described 
as  the  Arab  class,"  at  a  very  low  cost  to  the  public,  and  without  taking  them 
away  from  their  homes,  to  which  they  return  in  the  evening.  It  may 
be  taken  as  a  rule  that  the  homes  are  poor  rather  than  criminal.  Three 
meals  are  provided — breakfast,  dinner  and  supper.  The  schools  are  all 
well  manacred.  The  Inspector  says,  "  the  results  of  the  examinations  have, 
without  exception,  been  most  satisfactory.  *  *  *  iJay  industrial  schools 
are  always  pleasant  schools  to  visit.  The  children  invariably  look  cheerful 
and  seem  anxious  to  do  their  best,  and  there  is  an  atmospheie  of  life  and 
energy  about  them  which  one  sometimes  misses  in  the  more  expensive  schools  of 
detention.  The  clothing  is  none  of  the  best ;  it  is  the  children's  own,  and  is  con- 
sequentl}^  open  to  criticism  both  as  regards  quantity  and  quality ;  but  every 
attention  is  paid  to  cleanliness ;  baths  are  supplied  in  every  school  and  are 
regularly  used,  and  every  exertion  made  to  induce  the  children  to  keep  themselves 
as  neat  as  circumstances  will  permit.  Much  industrial  work  cannot  be  done,  but 
some  employment  is  always  found  for  the  boys  in  working  hours,  most  frequently 
in  wood  chopping.  In  one  of  the  Glasgow  schools  the  managers  have  introduced 
brush  making,  and  very  good  work  is  turned  out.  The  girls  are  taught  to  sew 
and  knit,  and'  some  of  them  help  in  the  kitchen,  house  work  and  laundry." 

The  admissions  in  1889  were  2,075;  the  discharges,  1,670. 

The  total  receipts  were  £23,086,  of  which  the  government  contributed  £6,084  ; 
the  school  boards  and  local  authorities,  £11,175  ;  parents,  £2,633,  and  Guardians 
of  the  Poor,  £1,091. 

The  average  cost  per  head  was  £9  5s.  8d.  in  England,  and  X7  16s.  lOd.  in 
Scotland.  Of  this  £3  8s.  7d.  was  for  food  in  England,  and  £3  Is.  lid.  in 
Scotland. 

The  results  after  discharge  from  these  schools  can  not  be  accurately  judged, 
as  the  children  are  more  or  less  lost  sight  of.  But  of  11,697  boys  admitted  from  the 
opening  of  these  schools  in  1877  to  December  31st,  1889,  203  were  sent  to  reforma- 
tories at  various  times,  and  1,199  to  industrial  schools.  Of  6,928  girls  so  admitted 
8  were  sent  to  reformatories  and  231  to  industrial  schools. 

These  are  the  schools,  Inspector  Inglis  says,  in  which  school  boards  should 
chiefly  interest  themselves. 

The  Day  Feeding  Schools,  supported  by  voluntary  contributions,  still  exist  in 
Aberdeen  and  other  cities.  There  was  some  difference  of  opinion  in  those  places 
as  to  the  expediency  of  allowing  the  children  to  go  home  at  night,  but  the  pre- 
vailing opinion,  as  Mr.  Tallack  ascertained,  is  that  the  results  are,  on  the  whole 
beneficial.  Differing  in  this  essentially  from  the  reformatory  and  industrial 
school  systems,  the  Aberdeen  system  carefully  cherished  and  insisted  upon  the 
exercise  of  parental  responsibility,  at  least  to  the  extent  of  providing  lodging 
and  clothes  for  their  offspring  during  the  whole  time  of  their  training.  *  *  *  j^  g^ 
letter  addressed  in  1887  to  the  Howard  Association  by  Mr.  P  Esslemont,  M.P.,  of 
5  (p.c.) 


66 


Aberdeen,  he  remarked  "  The  Day  Feeding  School  system  in  Aberdeen,  instituted 
by  Sheriff  Watson,  is  still  in  existence,  and  has  been  tried  by  experience  and 
proved  to  be  sound  and  singularly  successful.  It  combines  help  to  the  poor  with- 
out breaking  up  the  divine  institution  of  family  life,  that  tie  which  binds 
humanity  tofjether." 

Workhouse  Schools. 

Any  notice  of  the  present  English  system  of  prevention  and  reformation 
would  be  incomplete  that  did  not  state  what  is  done  for  the  pauper  or  workhouse 
children.  The  number  of  chddren  permanently  resident  in  the  workhouses  of 
England  was  very  large  a  few  years  ago,  and  their  peculiar  characteristics  were 
such  that  the  great  majority  were  unable  to  take  care  of  themselves  or  to  make 
their  way  in  the  outer  world.  When  sent  out  many  joined  the  ranks  of  those  who 
lived  bv  vice  and  crime,  or  returned  to  the  workhouse  to  live  as  paupers.  Unruly, 
self-willed,  prone  to  violent  outbreaks  they  lacked  self-reliance  and  the  power  of 
thinking  for  themselves.  And  they  numbered  tens  of  thousands.  Those  known 
as  "ins  and  outs"  who  went  to  the  workhouse  frequently  and  remained  but 
a  short  time  at  each  visit  were  deeply  steeped  in  wickedness.  It  became 
evident  that  a  special  effort  must  be  made  to  change  the  character  of  these  chil- 
dren lor  the  better  and  relievo  the  ratepayers  from  the  burden  of  supporting  a 
class  of  hereditary  paupei's.  It  was  decided  that  they  must  be  removed  from  the 
pauperising  and  other  evil  intiuences  of  the  workhouse  and  schools  were  con- 
structed fur  their  reception  under  authority  of  an  Act  of  Parliament  passed  in  1844 
and  amended  in  1848.  In  a  few  cases  the  cottage  system  was  adopted,  and  with 
results  comparatively  satisfactory.  In  most  cases  large  buildings  were  erected 
by  each  poor  law  union  or  parish,  in  which  case  they  were  called  "separate,"  or  by 
a  number  of  unions  or  parishes,  in  which  case  they  were  called  "  district  schools." 
In  some  of  the  larger  schools  the  number  of  scholars  was  from  500  to  l,0(iO.  In 
one  instance  it  reached  1,800.  The  literary  instruction  was  all  that  could  reason- 
ably be  expected,  and  the  scholars  in  many  cases  were  bright  and  clever.  The 
religious  instruction  and  training  were  also  caiefuUy  attended  to  ;  but  the  results 
were  not  satisfactory.  Miss  Florence  Hill,  in  a  late  edition  of  her  book,  "  The 
Children  of  the  State,"  says  (p.p.  56-8):  "The  want  of  alertness  and  general  capa- 
city and  alaptability  characteristic  of  the  pauper  class  prevails  in  the  big  school 
whether  it  be  in  the  workhouse  or  miles  away.  The  children  accustomed  to  an 
unbroken  routine  become  dull,  apa.thetic  and  unable  to  accommodate  themselves 
to  different  conditions  or  any  kind  of  change.  .  .  Strangers  indeed,  we  believe, 
are  invarial  ly  pleased  by  the  neatness,  order  and  discipline  which  usually  per- 
vade these  schools — all  good  in  their  way — tending  to  create  an  esprit  de  corps, 
in  some  measure  a  substitute  for  the  bond  of  family  affection  ;  but  they  must  not 
be  permitted  to  destroy  individuality,  and  limits,  within  which  they  can  be  safely 
employed,  are  soon  reached.  '  By  training  a  child  as  one  in  a  hundred,'  says  Miss 
Hesba  Stretton,  '  we  produce  a  machine  and  generally  a  bad  machine.'  Enforced 
uniformity  in  every  detail  of  daily  life,  however  important  or  however  trifling, 
among  creatures  varying  in  mind  as  much  as  in  body,  though  seductive  to  the 
disciplinarian  is  blighting  to  those  subject  to  its  laws.  Undoubtedly  some  mys- 
terious charm  affects  the  beholder  in  witnessing  many  hundreds  of  children 
dressed  alike,  acting  in  unison  and  rendering  instant  obedience  to  the  word  of 
command;  but  even  amid  the  tears  that  dim  our  eyes  when  their  young  voices 
implicitly  following  a  sign  from  their  teacher  join  in  the  merry  song  or  evening- 
hymn,  we  are  constrained  to  ask  — How  will  individuality  of  character  develop 
itself  from  this  comi)lete  subjection  to  the  will  of  others  from  the  routine  of  duty 


67 


which  leaves  open  no  temptation  to  wrong  and  annihilates  the  choice  of  rig:ht  ?" 
The  individual,  says  a  writer,  "  becomes  a  mere  cog  in  an  engine  of  many  wheels, 
whereas  in  real  life  it  has  itself  to  be  a  many  wheeled  engine."  When  they  go 
out  their  want  of  energy,  their  stupidity,  their  inability  to  act  alone,  their  intense 
unreasoning,  unaccountable  obstinacy  and  their  sullenness  are  causes  of  frequent 
complaint.  The  law  at  one  time  required  that  for  two  j'ears  after  they  were 
placed  out  the  relieving  officer  or  chaplain  should  visit  them  frequently  and  learn 
and  record  their  employers'  opinion  of  their  conduct.  The  chief  trouble  of  these 
officers  was  that  the  girls  frequently  disappeared  making  supervision  impossible. 
The  faiiuie  of  those  large  schools  gave  a  great  impetus  to  the  boarding  out  sys- 
tem which  had  been  advocated  for  some  time  and  which  has  been  largely  adopted 
in  England,  Scotland  and  Ireland.  Miss  Hill,  who  is  an  enthusiastic  advocate  of 
that  system,  maintains  that  wherever  tried  it  has  proved  eminently  successful. 

Notwithstanding  all  these  provisions  for  the  care  of  the  indigent,  the  desti- 
tute and  the  viciously  inclined,  philanthropic  associations,  such  as  those  repre- 
sented in  this  country  by  Dr.  Bamardo,  Miss  R3'e  and  Miss  Macpherson,  seem  to, 
have  an  ample  field  for  their  operations. 

Probation  Laws. 

The  opinion  that  in  many  cases  better  modes  of  punishing  or  preventino^ 
ofiences,  than  imprisonment  may  be  found,  has  gained  much  ground  in  England, 
The  Summaiy  Jurisdiction  Act  of  1879  not  only  increased  the  powers  conferred 
on  magistrates  by  the  Juvenile  Offenders  Act  of  1847,  to  dismiss  young  persons 
on  admonition  and  without  imprisonment  in  certain  cases,  but  also  perniiLted  the 
substitution  of  tines  instead  of  detention  for  various  ofiences  under  the  Acts  relat- 
ing to  poaching,  vagrancy,  public  health  and  even  to  some  felonies.  The  previous 
scale  of  Sentences  for  several  offences  was  also  reduced  by  this  Act  and  it  obviated 
many  imprisonments  of  poorpei'sons  by  authorising  the  fines  to  be  paid  gradually 
by  instalments.  In  1887  an  Act  was  passed  entitled  in  the  Statute  book,  "An 
Act  to  permit  the  conditional  release  oi  first  ofifenders  in  certain  cases  : "  this 
as  is  provided  "may  be  cited  as  the  Probation  of  First  Offenders'  Act,  1877." 
The  Act  says:  "  Whereas  it  is  expedient  to  make  provisi(jn  for  cases  where  the  refor- 
mation of  persons  convicted  of  first  ofiences  may  by  reason  of  the  offender's  youth 
or  the  trivial  nature  of  the  offence  be  brought  about  without  imprisonment,  be  it 
enacted,  etc. 

"  In  any  case  in  which  a  person  is  convicted  of  larceny  or  false  pretences  or  any 
other  offence  punishable  wiih  not  more  than  two  years'  imprisonment  before  any 
court,  and  no  previous  conviction  is  proved  against  him,  if  it  appears  to  the  court 
before  whom  he  is  so  convicted  that  regard  being  had  to  the  j'outh,  character  and 
antecedents  of  the  offender,  to  the  trivial  nature  of  the  offence  and  to  any  extenu- 
ating circumstances  under  which  the  offence  was  committed,  it  is  expedient  that 
the  offender  be  released  on  probation  of  good  conduct,  the  court  may,  instead  of 
sentencing  him  at  once  to  any  punishment,  direct  that  he  be  released  on  entering 
into  a  rec"gnizance,  with  or  without  sureties,  and  during  such  period  as  the  court 
may  direct  to  appear  and  receive  judgment  vvhen  called  upon,  and  in  the  mean- 
time to  keep  the  peace  and  be  of  good  behaviour."  Another  section  provides  that 
"  the  court  before  directing  the  release  of  an  offender  under  this  Act  shall  be 
satisfied  that  the  offender  or  his  surety  has  a  fixed  place  of  abode  or  regular  occu- 
pation in  the  county  or  place  for  which  the  court  acts  or  in  which  the  offender  is 
likely  to  live  during  the  period  named  for  the  observance  of  the  conditions."  It 
is  not  made  the  duty  of  any  one  in  particular  to  see  that  the  conditions  are 


68 


observed,  but  any  court  competent  to  deal  with  the  offender  in  respect  of  his 
original  offence,  if  satisfied  by  information  on  oath  that  the  offender  has  failed  to 
observe  any  of  the  conditions  may  issue  a  warrant  for  his  apprehension,  and  after 
due  process  he  may  be  sent  to  receive  judgment  in  the  court  before  which  he  was 
bouud  to  appear. 

There  has  scarcely  been  time  to  test  the  effect  of  the  Act  of  1887,  but  Mr. 
Tallack  says  that  "  these  two  Acts  together,  with  the  collateral  measures  for  the 
committal  of  delinquent  and  neglected  youth  to  reformatories  and  industrial 
schools,  have  already  materially  contributed  towards  that  diminution,  both  of 
prisoners  and  of  gaols  in  Great  Britain,  which  is  a  gratifying  feature  of  the  age. 
Especially  satisfactory  is  the  approximate  abandonment  of  the  imprisonment  of 
children  in  this  country  of  late  years.  In  proportion  as  the  gaol  has  been  less 
used  than  at  a  former  period,  it  has  been  proved  that  other  ways  of  disposing  of 
offenders  at  once  less  costly  and  less  degrading  have  been  found  practically 
advantageous."     May  this  lesson  be  profitably  pondered. 

Reformatories  in  Ireland. 

The  account  of  the  reformatory  and  industrial  schools  in  Ireland  furnished 
by  the  judicial  and  criminal  statistics  is  very  meagre  and  unsatisfactory.  The 
number  of  children  on  the  rolls  of  the  reformatory  schools  at  the  end  of  1877 
was — 

Boys.  Girls.  Total. 

In  school 728  138  936 

On  license 40  2  42 

Retained  in  school  sentence  expired 1  .  .  1 

Absconded  sentence  unexpired 12  .  .  12 

In  prison 2  2 

781  142  923 

The  total  number  at  the  close  of  the  previous  year  was  1,029. 
The  total  number  committed  during  the  year  1887  was  14(i  boys  and  32 
girls,  total  178,  a  decrease  of  25  as  compared  with  the  year  previous.  Of  these, 
5  buys  and  2  girls  were  illegitimate  or  deserted ;  or  both  parents  were  destitute 
or  criminal;  64  boys  and  13  girls  had  both  parents  alive;  64  boys  and  16  girls 
had  one  parent  dead  and  13  boys  and  1  girl  were  total  orphans. 

Of  the  178  committed  during  the  year,  69  boys  and  13  girls  could  neither 
read  nor  write;  63  boys  and  19  girls  read  imperfectly  and  14  boys  could  read 
and  write  well. 

Industrial  Schools  in  Ireland. 

The  total  number  of  industrial  schools  in  1877  was  69,  being  an  increase  of 
3  as  compared  with  the  year  before. 

The  number  of  children  under  warrant  of  detention  in  those  schools  at  the 
close  of  the  year  was — 

Boys.  Girls.  Total. 

In  school 2984  4289  7273 

On  license 2ij7  374  641 

Absconded 11  i  12 

Retained  in  school,  sentence  expired  ....  12  53  65 


3274         4717         7991 
The  65  children  were  by  their  own  consent  retained  until  places  could  be 
found  for  them. 


69 


1,311  children  were  placed  in  these  schools  during  1877.     Their  ages  were — 

Boys.  Girls.  Total. 

Under  6  years 7 

G  and  under    8  years 151 

8  and  under  10  years 164 

10  and  under  12  years 205 

12  years  and  upwards 113 


29 

36 

214 

365 

171 

335 

151 

356 

lOG 

219 

640         671       1311 

The  number  sent  to  these  schools  in  1886,  was  624  boys  and  901  girls 
total  1,525. 

Other  European  Systems. 

The  efforts  to  rescue  children  from  vice  and  crime  have  made  great  progress 
in  all  the  countries  of  Europe  since  the  necessity  for  organizing  those  efforts  and 
strengthening  them  b}^  the  assistance  of  the  States  has  been  recognised.  Much 
good  was  done  at  various  times  by  individuals  and  by  charitable  associations, 
but  the  want  of  sufficient  means  and  of  sufficient  authority  were  in  every 
case  insurmountable  obstacles  to  growth  and  to  permanent  success.  The 
establishment  of  the  Rauhe  Haus,  at  Horn,  near  Hamburg,  by  Wichern,  in 
1833,  may  be  regarded  as  the  foundation  of  the  modern  system  in  Germany,  and 
all  northern  Europe.  It  was  intended  that  this  '"  should  be  not  a  work-house,  or 
an  orphanage,  or  a  place  of  punishment,  or  a  house  of  correction  ;  but  an  "  institu- 
tion that  allied  itself  to  the  family,  to  the  gospel,  to  the  forgiveness  of  sins,  to 
the  first  and  last  thought,  that  is,  to  the  essential  nature  and  work  of  Christi- 
anity." "  The  fundamental  idea  of  the  Rauhe  Haus,"  says  Dr.  E.  C.  Wines,  "  is 
that  of  tlie  family  and  it  is  the  mother  of  all  those  child-saving  institutions  of 
which  the  number  is  continually  increasing,  that  have  since  been  organized.  Not 
through  the  aggregation  of  the  barracks  (such  was  Wichern's  thought),  but  only 
through  a  society  agreeable  to  nature,  that  is,  the  family  can,  the  life  of  the 
individual  be  normally  developed  "  Wichern  opened  the  establishment  with  three 
boys,  in  a  rough  frame  cottage,  in  which  he  and  his  mother  exercised  the  authority 
of  parents,  and  when  the  number  of  inmates  had  increased  to  twelve,  and  others 
sought  admission,  he  did  not  enlarge  that  cottage  but  built  another,  and  as  appli- 
cations for  admission  increased, he  built  yet  others.  He  attached  the  utmost  impor- 
tance to  providing  the  best  possible  substitute  for  the  influences  of  family  life 
and  the  better  to  secure  this,  when  the  number  of  boys  became  large  he  estab- 
lished a  sort  of  religious  brotherhood,  who,  devoting  their  lives  chiefly  to  the 
work  exercised,  it  is  said,  a  most  beneficial  influence  on  the  boys  with  whom 
they  continually  lived  and  worked.  Members  of  this  brotherhood  have  since 
been  invited  to  take  charge  of  prisons  and  reformatories  in  Prussia  and  else- 
where. 

There  are  to-day,  in  Germany,  a  large  number  of  what  perhaps  may  be 
called  private  reformatories,  conducted  on  Wichern's  system.  These  receive  no 
aid  from  the  State.  Such  means  as  they  have  and  such  authority  as  their 
managers  wield  are  derived  from  the  parents  of  the  inmates.  But  the  public 
refoi'matories  and  refuges  are  conducted  on  the  same  principles,  except  that 
correctional  institutions  for  juvenile  delinquents  are  established  by  the  State 
primarily  for  the  purpose  of  punishing  the  offenders  according  to  law,  although 
the  punishment  is  varied  according  to  the  crime  committed. 


70 


We  find,  in  Germany,  Dr.  Wines  says  (p.  698)  hardly  an  institution  in  which 
Protestant  and  Catholic  children  are  mixed  ;  in  one  or  two  casein  this  was  tried, 
but  soon  discontinued.  The  average  age  for  the  reception  of  the  inmates  is  from 
■eleven  to  twelve,  but  the  younger  will  be  below,  while  the  older  will  be  above 
this  average.  The  general  disposition  is  to  discharge  them  between  the  ages  of 
seventeen  and  eighteen  years. 

Writing  in  1880,  Dr.  Wines  said  that  so  far  a,s  he  could  ascertain  there 
were  at  that  date  "  a  total  of  about  three  hundred  and  sixty  cbil:]- saving  institu- 
tions of  all  the  different  classes  in  the  several  States  composing  the  German 
Empire.  More  than  three  hundred  of  these  have  been  established  since  1848. 
This  rapid  increase  is  due  to  the  memorable  events  of  that  year  which  opened 
the  eyes  of  both  Christians  and  patriots  to  the  perils  of  communism  which 
threatened  to  destroy  all  social  ties." 

The  great  agricultural  colony  at  Mettray  (France)  has  been  much  more 
frequently  spoken  of  than  that  of  the  Rauhe  Haus,  probably  because  of  its 
extraordinary  success.  Demetz,  moved  by  the  forlorn,  hopeless  condition  of  the 
children  who  were  brought  before  him  as  criminals,  resigned  his  seat  as  judge  to 
devote  his  life  to  the  rescue  of  the  unfortunates.  It  is  said  that  he  found  in  the 
Rauhe  Haus  the  model  he  sought.  He  certainly  adopted  the  cottage  system, 
although,  perhaps  through  necessity,  he  placed  from  thirty  to  forty  boys  in  each 
cottage.  In  both  schools  and  in  all  the  institutions  established  on  their  model,  the 
chief  object  is  to  cultivate  the  personality  of  each  boy,  to  repress,  and,  as  far  as 
possible,  extirpate  what  is  evil,  to  draw  out,  cultivate  and  strengthen  what  is 
good:  and  the  chief  means  relied  on  are  the  influence  of  religion  and  the  intimate 
and  aflfectionate  relations  established  between  each  boy  and  the  person  immedi- 
ately in  charge  of  him.  No  person  is  regarded  as  fit  for  such  a  position  who 
cannot  win  the  confidence  and  gain  the  affections  of  the  boys  entrusted  to  his 
care,  or  who  has  not  the  fac'jilty  of  guiding  the  boys  imperceptibly,  but  firmly 
•and  steadily  on  the  way  which  must  surely  lead  to  good  results.  In  both  schools 
the  boys  are  chiefly  engaged  in  agriculture,  but  in  several  of  the  schools  founded 
on  their  model,  many  work  at  the  trades  and  occupations  best  suited  to  the  insti- 
tutions and  to  the  localities  in  which  they  are  situate.  It  is  said  that  ninety -five 
per  cent,  of  all  the  boys  received  and  treated  at  Mettray  during  the  first  forty  years 
of  its  life  were  saved  to  themselves  and  to  society.     This  seems  almost  incredible. 

"  The  whole  number  of  establishments  in  France  founded  substantially  on 
the  model  of  the  Mettray,  though  scarcely  any  of  them  equalling  it  either  in  the 
-completeness  of  its  organization  or  the  splendor  of  its  results,  was,  in  1880,  fifty- 
two,  of  which  thirt3'-two  were  for  boys  and  twenty  for  girls.  They  are  of  varied 
character,  and  of  course  yield  fruits  differing  both  in  excellence  and  abundance, 
but  all  are  doing  a  good  and  useful  work.  But  these  are  not  the  only  reforma- 
tories and  child-.saving  institutions  in  France.  Religious  and  other  organizations 
do  much  good  work  with  or  without  the  co-operation  of  the  government." 
"  Legion,"  says  Dr.  Wines,  "  is  the  name  of  the  associations  and  agencies  employed 
in  this  work,  including  adoption,  maternal  societies,  infant  nurseries,  infant 
schools,  kindergarten  schools,  industrial  schools,  societies  in  aid  of  apprentices, 
apprentice  schools,  legislative  safe-guards  thrown  around  children  employed  in 
factories,  etc.  ....  Who,  after  this  recital,  will  say  that  the  French  are  a 
frivolous  people  ? " 

The  French  law  holds  that  children  under  fourteen  years  of  age  cannot  be 
guilty  of  crime  because  they  are  without  discernment.  But  offenders  acqiiitted 
for  that  reason  are  sent  to  a  reformatory.  Nearly  all  the  children  entrusted  to 
the  reformatories  have  committed  criminal  acts  or  have  been  acquitted  of  crime 


71 


because  of  their  as^e.  The  importance  of  having  industrial  schools  to  which 
children  who  commit  no  serious  offence  may  be  sent  is  felt,  and  efforts  to  supply 
this  want  have  bee  a  made. 

Switzerland  has  nearly  a  hundred  reformatory  institutions,  some  founded  by 
the  cantons,  others  by  charitable  associations.  The  number  of  inmates  is  about 
three  thousand,  of  whom  about  one-third  are  girls.  Belgium  has  four  principal 
institutions  .for  juveniles,  two  for  criminals  and  two  for  vagrants  and  children 
viciously  inclined.  Holland  has  a  reformatory  for  boys  on  the  cottage  plan, 
which  is  considered  a  model.  It  is  an  agricultural  colony,  and  is  a  close  imita- 
tion of  Mettray,  but  each  cottage  accommodates  only  fifteen  boy.s.  It  is  alleged 
that  of  the  boys  who  pass  through  this  not  more  than  two  per  cent,  become 
criminals.  Italy  has  four  houses  of  correction  for  young  convicts  who  are  still  in 
their  minority,  and  thirty-three  institutions,  chiefly  private,  for  idlers,  vagrants 
and  j^'ouths  admitted,  by  parental  request,  for  correction.  Ten  of  these  are  for 
gills.  Denmark  has  three  institutions  on  the  model  of  Mettray,  founded  by 
private  benevolence.  Sweden  and  Norway,  Russia,  Finland,  Poland,  Austiia  and 
Hungary  have  "  entered  with  zeal  and  energy  upon  the  organization  of  systems 
of  prevention  and  of  reformatory  institutions." 

United  States  Systems, 

In  the  United  States,  as  in  Europe,  the  first  organized  efforts  for  the  rescue 
or  reformation  of  juveniles  were  made  by  private  associations.  In  1818  an 
association  for  the  prevention  of  pauperism  was  established  in  New  York.  This 
afterwards  became  a  society  for  the  reformation  of  juvenile  delinquents.  In  1825 
this  association  obtained  an  old  barracks  standins;  near  the  sit^  on  which  now  stands 
the  Fifth  Avenue  Hotel,  and  converted  it  into  a  house  of  refuge,  in  which,  at  the 
opening,  they  placed  nine  squalid  children.  Little  more  was  done  for  some  time. 
Boston  followed  in  1826,  and  Philadelphia  in  1828.  In  1835  a  farm  school  was 
opened  for  orphans  and  poor  chiLiren  on  Thompson's  Island  in  Boston  harbour. 
The  State  reform  school  was  established  at  Westbjrough,  Massachusetts,  in  1847, 
and  in  1855  the  first  girl's  reformatory  was  founded  at  Lancaster  in  the  same 
State.  This  was  organized  on  the  family  plan.  There  were,  at  first,  three  separ- 
ate houses  with  thirty  girls  in  each,  under  the  control  of  a  matron,  all  under  the 
supervision  of  a  male  superintendent.  "  There  are  now,"  says  Mr.  Gower,  principal 
of  the  Lansing,  Michigan,  reformatory,  "about  fifty  juvenile  reformatories  in  the 
United  States There  are  about  15,000  inmates  in  all  those  institu- 
tions, one-fifth  of  whom  are  girls."     All  but  four  are  in  the  Northern  States. 

The  Massachusetts  System. 

Massachusetts  moved  slowly  at  first  in  the  work  of  juvenile  reformation. 
Following  the  example  of  older  countries  she  strove  to  gather  vicious  and  neglected 
and  destitute  juveniles  into  large  institutions  and  she  employed  training  ships  as 
reformatories.  All  this  has  been  essentially  changed.  Mr.  Wrightington,  super- 
intendent of  indoor  poor,  in  his  evidence  before  the  commission  said  "  when 
Massachusetts  was  only  half  its  present  size  we  had  a  reform  school  with  600 
bo}'s,  and  two  school  ships  full.  Now  we  h-we  got  one  school  and  no  ships,  and 
the  school  has  only  got  one  hundred  and  odd  inmates.  Why  ?  Because  we  have 
attended  upon  the  courts  and  prevented  committals  to  those  institutions.  We 
saw  there  was  no  use  committing  them  to  such  establishments  when  we  could 
put  them  out  to  their  own  homes  on  probation,  or  into  families  with  constant 
surveillance  and  visitation  with  a  provision  that  if  they  are  worthless  they  may 
be  subsequently  recommitted." 


72 


Probation  is  the  peculiar  feature  of  the  Massachusetts  system,  and  it  seems 
remarkable  that  it  was  not  used  when  the  woj-k  of  saving  and  reforming  juveniles 
was  first  undertaken,  and  that  it  is  not  carried  farther  now.  From  the  first 
settlement  of  New  England,  and  for  many  years  after,  each  community  asserted 
and  through  its  selectmen  or  otherwise  exercised,  the  right  of  safe  guarding  its 
morals,  by  watching  closely  and  vigilantly  the  conduct  of  families  and  individ- 
uals and  imposing  severe  penalties  for  offences  of  omission  or  commission.  The 
probation  officer  and  his  assistants  now  discharge  some  of  the  duties  which  the 
selectmen  undertook  even  in  Boston  a  few  years  ago. 

The  law  relating  to  the  appointment  of  probation  officers  provides  that  the 
aldermen  of  any  city  or  the  selectmen  of  any  town  may  establish  the  office  of 
probation  officer  and  fix  the  salary.  The  mode  of  appointment  is  prescribed  and 
the  powers  of  police  officers  are  conferred  on  the  person  so  appointed.  It  is  pro- 
vided that : 

"  Such  probation  officer  shall  carefully  inquire  into  the  character  and  offence 
of  every  person  arrested  for  crime  in  his  city  and  town  for  the  purpose  of  ascer- 
taining whether  the  accused  may  reasonably  be  expected  to  reform  without  pun- 
ishment and  shall  keep  a  full  record  of  the  results  of  his  investigations. 

"  Such  probation  officer,  if  satisfied  upon  investigation  that  the  best  interests 
of  the  public  and  of  the  accused  would  oe  subserved  by  placing  him  upon  pro- 
bation, shall  recommend  the  same  to  the  court,  and  the  court  ma^^  permit  the 
accused  to  be  placed  upon  probation  upon  such  terms  as  it  may  deem  best  having 
regard  to  his  reformation. 

"The  person  thus  released  shall  be  furnished  with  a  written  statement  of  the 
terms  of  his  probation,  and  the  probation  officer  shall  keep  a  record  of  the  same, 
and  of  his  conduct  during  said  probation." 

The  ma3^or  and  aldermen  of  Boston  may  appoint  two  additional  officers  and 
the  duties  of  each  probation  officer  in  that  city  are  thus  prescribed  : 

"  He  shall  attend  the  sessions  of  the  courts  held  within  the  said  county 
(Suffolk)  for  criminal  business,  investigate  the  cases  of  persons  accused  or  con- 
victed of  crimes  and  misdemeanors  and  recommend  to  the  courts  the  placing  on 
probation  of  such  persons  as  may  reasonably  be  expected  to  reform  without  pun- 
ishment. He  shall  have  a  place  in  the  office  of  the  superintendent  of  police,  and 
be  under  his  general  control.  .  .  He  shall  also,  as  far  as  practicable,  visit  the 
offenders  placed  on  probation  by  the  court  at  his  suggestion,  and  render  such 
assistance  and  encouragement  as  will  tend  to  prevent  their  again  offending.  Any 
person  placed  upon  probation  onhis  recommendation  may  be  rearrested  by  him  upon 
approval  of  the  superintendent  of  police  without  further  warrant  and  again 
brought  before  the  court,  and  the  court  may  thereupon  proceed  to  sentence  or 
may  make  any  other  lawful  disposition  of  the  case." 

It  shall  be  the  special  duty  of  every  probation  officer  to  inform  the  court  as 
far  as  is  possible  whether  a  person  upon  trial  has  been  previously  convicted  of 
any  crime. 

"  Every  probation  officer  shall  make  a  return  to  the  Commissioners  of  Prisons 
monthly,  showing  the  name,  age,  sex  and  off'ence  of  each  person  placed  upon 
probation  on  his  recommendation  with  such  other  particulars  as  they  may  require 
and  the  result  in  each  case  when  completed. 

"  Nothing  in  the  preceding  sections  shall  authorize  a  probation  officer  to  in- 
terfere with  any  of  the  duties  required  of  the  visiting  officer  of  the  board  of 
lunacy  and  charity,  under  the  provision  of  the  law  relating  to  juvenile  ofiTenders." 

The  laws  of  Massachusetts  provide  that  complaint  may  be  heard  against  any 
boy  or  girl  between  the  ages  of  seven  and  seventeen,  but  no  "court  or  magistrate 
shall  commit  any  child  under  twelve  years  of  age  to  a  gaol  or  house  of  correction. 


73 


to  the  house  of  industry  of  the  city  of  Boston  or  to  the  State  workhouse  in 
default  of  bail  or  for  non-payment  of  fine  and  costs,  but  to  the  custody  of  the  State 
Board  of  Lunacy  and  Charities."  They  provide  also  that  "police, district  and  muni- 
cipal courts  shall  try  juvenile  offenders  separate  and  apart  from  the  trial  of  other 
criminal  cases  at  suitable  times  to  be  designated  therefor  by  said  courts,  to  be 
called  the  session  for  juvenile  offenders,  of  which  session  a  separate  record  and 
docket  shall  be  kept." 

"  When  any  such  boy  or  girl  is  so  brought  on  such  complaint     .     .     a  sum- 
mons shall  be  issued  to  the  father  of  the  boy  or  girl  if  living  and  resident  within 
the  place  where  the  boy  or  girl  was  found     .     .     and  if  not  then  to  the  mother 
.     .     or  the  lawful  guardian     .     .    or  the  person  with  whom  the  child  resides. 

If  the  court  or  magistrate  is  of  the  opinion  that  the  boy  or  girl  should  be 
sent  to  a  public  institution  or  committed  to  the  custody  of  the  State  Board  of 
Lunacy  and  Charity,  should  the  complaint  be  sustained  by  evidence,  notice  shall 
be  given  in  writing  to  the  said  board  which  shall  have  an  opportunity  to  in- 
vestigate the  case,  attend  the  trial  and  protect  the  interest  of  or  otherwise  pro- 
vide for  the  child. 

"  The  court  or  magistrate  .  .  upon  request  of  the  State  Board  may  auth- 
orise said  Board  to  take  and  indenture  or  place  in  charge  of  any  person  or  in  the 
State  primary  school,  or  if  he  or  she  grow  unmanageable  to  commit  to  the 
reform  industrial  school  such  boy  or  girl  till  he  or  she  attains  the  age  of  twenty- 
one  years,  or  for  any  less  time.  And  said  board  may  provide  for  the  mainte- 
nance of  SLuy  such  boy  or  girl  so  indentured  or  placed  in  charge  of  a  person  in 
whole  or  in  part  at  a  cost  to  the  State  not  exceeding  the  average  cost  of  the 
support  of  children  at  the  State  primary  school." 

The  agent  of  the  board,  or  the  probation  officer  as  he  is  generally  called, 
makes  careful  enquiry  into  the  circumstances  of  the  case,  and  the  condition  and 
character  of  the  child  and  the  character  of  its  parents,  and  if  the  charges  made 
be  proved,  the  court  is  usually  guided  by  the  advice  of  the  officer.  If  the  parents 
are  not  dissolute  or  of  bad  character  generally,  the  child  is  usually  placed  on  pro- 
bation with  them,  with  the  understanding  that  strict  watch  will  be  kept  and  if 
they  fail  in  their  duty,  or  the  child  prove  uncontrollable,  he  will  be  taken  from 
them  and  placed  elsewhere  or  sent  to  an  institution.  If  the  officer  report  that 
the  parents  are  unfit  to  take  charge  of  the  child,  the  board  is  authorised  to  place 
him  with  respectable  persons  willing  to  receive  him  on  the  terms  prescribed  by 
law  and  by  the  regulations  of  the  board.  Only  when  the  child  has  committed 
some  serious  offence  or  is  known  to  be  of  depraved  habits  is  he  sent  to  the  Reform- 
atory or  Industrial  School,  at  Westborough.  From  that  he  is  sent  out  by  the 
trustees  as  soon  as  they  are  of  opinion  that  training  and  instruction  have  rendered 
it  safe,  and  a  suitable  place  can  be  found  for  him.  Girls  who  are  unfit  to  be 
placed  out  are  sent  to  the  Reformatory  at  Lancaster.  The  children  thus  placed 
out  continue  to  be  wards  of  the  State  until  they  reach  the  age  of  twenty-one,  and 
careful  watch  is  kept  over  them  for  some  years,  and  especially  over  the  girls  by 
the  paid  male  agents  of  the  board  and  by  the  unpaid  committee  of  ladies  in  each 
district.  Children  who  have  committed  no  offence  but  who  the  court,  after  hear- 
ing evidence,  decides  are  neglected,  are  also  placed  under  the  guardianship  of  the 
board.  The  guardians  of  the  poor  are  responsible  for  the  proper  care  of  pauper 
children  who  have  legal  settlements  in  the  State.  These  may  remain  with  their 
mothers  in  the  alms  houses  until  they  are  three  years  of  age,  when  they  must  be 
sent  to  the  primary  school  or  placed  in  some  family.  Pauper  children  having  no 
settlement  are  cared  for  by  the  State  Board. 

The  number  of  children  out  in  families  from  the  Lyman  or  Westborough 
Reform  School  for  boys,  is  216  ;  the  children  out  from   the   Lancaster  school  for 


74 


girls,  133;  the  children  "out"  in  custody  of  the  board,  who  never  were  in  an 
institution  273,  and  the  neglected  children  265 — in  all  887  children  placed  out  in 
families  as  boarders  or  otherwise,  who  are  under  the  probation  system.  Last  year 
2,258  children  were  arraigned  for  one  offence  or  another  or  as  neglected  children. 
Of  these  117  were  sent  to  the  Boys'  Reformatory,  69  to  the  Girls'  Reformatory, 
134  were  fully  committed  to  the  custody  of  the  State  Board,  and  586  were  allowed 
to  return  to  their  homes  on  probation  for  certain  terms,  which,  if  they  behaved 
well,  would  be  extended.  The  134  were  placed  absolutely  under  control  of  the 
State  Board,  who  deal  with  them  as  they  think  best. 

The  State  spends  about  818,000  a  year  in  paying  for  the  board  of  children  in 
homes.  The  rate  usually  paid  is  $1.50  per  week  until  the  child  is  ten  years  of 
age.  After  that  arrangements  are  made  under  which  the  child's  work  is  accepted 
as  payment  for  board  and  clothing ;  the  education  of  the  child  is  provided  for  and 
further  remuneration  as  the  child  advances  in  years. 

The  number  of  pauper  children  under  the  care  of  the  overseers  of  the  poor 
on  a  day  named  was  506  in  alms  houses  (all  under  two  years  of  age)  and  705  in 
homes  and  asylums.  The  State  provided  for  seventy-five  pauper  children  who 
had  no  legal  settlement. 

Mr.  Pettigrove,  secretary  of  the  State  Board  of  Prisons,  describing  the  pro- 
bation system,  said  :  "A  boy  is  taken  into  the  court  and  adjudged  guilty  of  a 
certaiu  offence  and  instead  of  committing  him  to  any  institution  where  he  can 
come  in  contact  with  other  offenders  or  to  prison,  he  puts  him  under  charge 
of  a  probation  officer.  In  that  case  his  liberty  is  not  restrained,  but  it  is  required 
that  he  shall  keep  out  of  bad  company,  that  he  shall  not  be  out  late  at  night,  that 
he  shall  report  himself  once  or  twice  a  month  as  the  case  may  be.  Sometimes 
this  simply  means  keeping  a  boy  in  his  old  home,  in  his  old  surroundings,  but  not 
necessarily,  because  in  many  cases  when  the  home  is  unsuitable  the  boy  is  taken 
away  and  a  home  is  found  for  him,  where  he  is  employed  under  the  supervision 
of  the  probAtion  officer,  who  watches  him  for  six  or  twelve  months,  as  the  case 
may  be.  Last  year  in  the  central  district  Mr.  Savage  took  under  his  care  nearly 
1,200  cases  and  only  60  of  these  were  reported  as  having  violated  the  terms  of 
their  probation.  Of  these  fifty  surrendered  to  the  court,  and  ten  ran  away."  This 
method  of  dealing  with  juvenile  ofienders,  Mr.  Pettigrove  regards,  as  the  best  that 
can  be  devised,  if  it  is  thoroughly  carried  out.  He  said  "  I  have  great  faith  in 
probation — more  than  anything  else,  for  this  reason,  that  you  do  not  associate 
the  boys  together,  3'ou  have  not  the  contaminating  influence  of  bad  boys  nor  their 
pernieio^is  communication."  He  would  not  send  n)ore  than  ane  offender  to  board 
in  a  family,  and  great  care,  he  said,  is  taken  to  select  suitable  families,  The  con- 
gregate system,  he  thinks,  has  a  bad  effect,  and  brings  out  all  the  bad  qualities 
of  a  boy.  One  bad  boy  soon  contaminates  a  whole  class,  and  may  contaminate  a 
whole  school. 

Miss  Putnam,  a  member  of  the  Board  of  Trustees  of  State  primary  and  re- 
form schools,  when  asked  if  under  the  system  of  boarding  out  children  are  ever 
subjected  to  cruel  treatment,  said;  "After  the  boy  or  girl  is  placed  out,  he  or  she 
is  visited,  if  a  boy  by  a  salaried  visitor,  if  a  girl  by  a  voluntary  lady  visitor.  The 
children  who  are  sent  out  into  families  are  supplied  with  writing  materials  and 
stamps  and  are  asked  to  write  to  us  if  they  are  dissatisfied  and  their  C)mplaint3 
are  investigated.  I  went  to  Worcester,  driving  six  miles,  the  other  day,  to  see  a 
man  who  would  be  the  employer.  I  saw  a  boy  taken  into  the  family,  and  I  saw 
the  mother  and  had  a  long  talk  with  her  as  to  just  what  care  she  would  give  the 
child.     I  looked  at  her  to  see  if  she  would  be  a  likely  person  to  entrust  with 


/o 


a  Jittle  girl,  and,  being  satisfied,  I  recommended  that  a  child  be  sent  there  from 
Monson.  The  visitors,  both  salaried  and  volunteer,  are  entiusted  with  investi- 
gating all  complaints  and  inspecting  the  places  where  the  children  are  placed." 

The  law  provides  that  neglected  infants  having  no  known  settlement  In 
the  commonwealth  shall  be  provided  for  by  the  State  Board  of  Lunacy  and 
Charity.     Of  other  neglected  children  the  law  says  ; 

"  Whenever  it  shall  be  made  to  appear  to  any  court  or  magistrate  that 
within  his  jurisdiction  any  child  under  fourteen  years  of  age  by  reason  of  orphan- 
age or  of  the  neglect,  crime,  drunkenness,  or  other  vice  of  his  parents,  is  growing 
up  without  education  or  salutary  control  and  in  circumstances  exposing  him  to 
lead  an  idle  and  dissolute  life  or  is  dependent  upon  public  charity  such  court  or 
magistrate  shall,  after  notice  to  the  State  Board  of  Lunacy  and  Charity,  commit 
such  child,  if  he  has  no  known  settlement  in  this  commonwealth,  to  the  custody 
of  the  said  board,  and  if  he  has  a  known  settlement  then  to  the  overseers  of  the 
poor  .  .  but  in  the  city  of  Boston  (he  is  committed)  to  the  directors  of  public 
institutions  of  said  city,  until  he  arrives  af/  the  age  of  twenty-one  years  or  for  any 
less  time  ;  and  the  said  board,  overseers  and  directors  are  authorised  to  make  all 
needful  arrangements  for  the  care  and  maintenance  of  children  so  committed  in 
some  state,  municipal  or  town  institution,  or  in  some  respectable  family  and  to 
discharge  such  children  from  their  custody  whenever  the  object  of  their  com- 
mitment has  been  accomplished."  Provision  is  made  that  when  a  child  is  brought 
before  a  magistrate  as  indii'ent  or  ne'dected  a  summons  shall  issue  to  the  father, 
mother,  guardian,  or  person  with  whom,  according  to  the  child's  statement,  he 
resides,  as  the  case  may  be,  to  appear  and  show  cause,  if  any  there  be,  why  the 
child  should  not  be  committed,  in  accordance  with  the  provisions  of  the  section 
just  quoted.  In  such  cases  also  the  magistrate  is  usually  guided  by  the  opinion 
of  the  State  agent. 

The  members  of  the  boards,  which  possess  such  extraordinary  powers,  are 
appointed  by  theGovernorof  theState,with  the  advice  and  consentofthe(executive) 
Council.  The  Board  of  Lunacy  and  Charity  consists  of  nine  members,  two  of 
whom  are  appointed  every  year  except  the  fifth,  when  one  is  appointed  ;  they 
thus  hold  office  for  five  years  and  are  pr.ictically  independent.  "  The  govern- 
ment of  the  State  primary  school  at  Monson,  of  the  State  industrial  school  for 
girls  at  Lancaster,  and  the  State  reform  school  for  boys  at  Westborough,  is  vested 
in  a  board  of  seven  members,  two  of  whom  must  be  women."  They  are  appointed 
by  the  Governor,  in  rotation,  so  that  each  holds  office  for  five  years.  They  are 
known  as  Trustees  of  the  State  primary  and  reform  schools. 

Although  the  provisions  made  by  the  State  and  by  the  city  of  Boston  for 
the  care,  training  and  education  of  destitute,  neglected  and  criminal  children  seem 
so  complete  there  are  several  denominational  and  othsr  charitable  institutions  in 
that  city  for  the  care  of  destitute  children,  the  rescue  of  those  in  danger  and  the 
reformation  of  those  who  have  contracted  vicious  habits. 

The  Massachusetts  Primary  School. 

The  commissioners  visited  the  State  primary  school  at  Monson,  about 
seventy  miles  from  Boston.  It  is  situated  in  a  rather  picturesque  district, 
and  has  a  farm  of  240  acres  attached  to  it.  The  land  appeared  to  be  quite  as 
good  as  the  average  land  of  the  State,  and  to  be  well  cultivated.  The  buildings  are 
not  quite  suitable  to  the  purpose ;  not  as  bright  and  cheerful  and  well  ventilated 
in  all  parts  as  they  should  be.  In  a  small  budding  at  some  distance  a  number  of 
very  small  children  are  kept.  Mr.  Amos  Andrews,  the  superintnndent, 
stated     that    the     large    building    was    originally    one    of    three     almshouses 


76 


erected  by  the  State.  It  was  so  used  until  1866,  when  the  authorities 
thought  it  better  to  remove  all  the  children  from  the  almshouses  as  soon  as 
they  attained  an  age  at  which  they  could  go  to  school,  which  is  generally  about 
3^  years.  Some  are  sent  there  at  an  earlier  age,  and  these  are  accompanied  by  their 
mothers.  Since  1872  it  has  been  used  as  a  school  for  pauper  children,  some  of 
whom  described  as  dependent  children  have  never  been  in  an  almshouse  ;  for 
neglected  children:  for  those  juvenile  offenders  for  whom  the  Board  of  State  Chari- 
ties cannot  immediately  find  places  and  for  those  who,  in  the  judgment  of  the 
Board,  would  be  benefited  by  some  preparatory  training.  The  school  is  conducted 
on  the  congregate  plan.  The  only  separation  is  that  of  boys  from  girls,  and  of  the 
very  young  from  the  others.  The  younger  children  go  to  school  all  day  ;  the 
grown  boys  and  girls  go  to  school  for  one-half  the  day,  and  work  the  other  half. 
The  superintendent,  teachers,  instructors  and  other  members  of  the  staff  who 
come  immediately  in  contact  with  the  children  number  about  forty,  and  there  are 
ten  others  including  those  employed  on  the  farm.  The  education  given  is  nearly 
the  same  as  that  of  the  public  schools,  but  not  quite  so  good.  There  are  eight 
school  teachers.  The  schools  are  graded.  For  the  younger  children  there  is  a 
kindergarten  school ;  afterwards  they  get  object  lessons  and  are  taught  clay 
modelling.  Great  care  is  taken,  it  is  said,  to  cultivate  the  individuality  of  each 
child,  and  so  counteract  one  of  the  most  serious  evils  of  the  congregate  system. 
All  the  boys  who  can  be  spared  for  the  purpose  work  on  the  farm.  There  are  a 
tailor's  shop  with  an  instructor,  a  .sewing  room  where  the  girls  work  under  an 
instructor,  and  a  department  in  which  shoes  are  repaired.  The  girls  are  also 
taught  housework.  About  thirty  boys  sleep  in  each  dormitory,  and  all  meet  at 
meals,  on  the  farm  and  in  the  workshops.  Vicious  boys  are  sometimes  sent  to 
this  school  and  cause  much  trouble.  The  superintendent,  if  he  tinds  such  boys 
incorrigible,  applies  to  have  them  removed  to  the  reformatory.  The  older 
children  seemed  to  be  actively  engaged,  the  younger  played  with  much  animation 
and  spirit,  and  all  appeared  to  be  as  happy  as  could  be  expected. 

On  the  Saturday  previous  to  the  visit  of  the  Commissioners  the  number  of 
inmates  was  358.  Of  these  twenty-one  were  mothers  of  some  of  the  younger 
children,  244  were  boys  and  ninety-three  were  girls.  Of  the  children 
203,  including  the  neglected  children,  were  committed  to  the  guardianship  of  the 
Board  of  Lunacy  and  Charity  by  the  courts,  and  134  were  transferred  frt)m 
the  alms  houses.  One  of  the  ofiences  for  which  children  were  committed  was 
obstinacy.  In  some  cases  the  parents  made  complaint,  but  anyone  may  make 
the  complaint  that  a  child  is  obstinate.  ''  If  you  trace  it  back,"  said  Mr. 
Andrews,  the  superintendent,  "you  will  probably  find  that  it  means  lack  of 
ability  ou  the  part  of  the  parents  to  discipline  and  control  their  children 
properly."  Sixty-five  or  seventy  of  the  children  are  under  nine  years  of  age. 
None  of  the  children  can  be  retained  after  the  age  of  sixteen.  Few,  if  any,  are 
allowed  to  remain  so  long,  as  the  boarding-out  system  finds  more  favour  every 
day.  The  superintendent  thought  it  would  be  better  in  many  cases  if  the 
children  were  allowed  to  remain  longer,  and  if  a  better  education  were  given. 
About  200  are  placed  out  every  year,  and  the  average  number  in  the  school  is 
growing  smaller.  There  is  not  much  trouble  about  the  children  who  are  placed  out. 
They  are  usually  well  treated,  and  they  seldom  return  to  the  school.  About  one- 
half  are  placed  with  farmers.  Three-fourths  of  the  children  placed  out  give  satis- 
faction. There  are  four  paid  visitors  who  frequently  visit  the  children  to  see 
how  they  get  on,  and  these  sometimes  remove  a  child  from  one  place  to  another. 
There  are  also  committees  of  lady  vi-sitors  who  look  alter  the  girls  especially. 
Relii  ious  services  are  held  in  the  school  by  ministers  of  various  denominations,  at 
which  all  the  Protestant  inmates  attend.     A  Catholic  priest  attends  to  the  religious 


77 


wants  of  the  Catholics.  Prayers  are  said  every  evening,  and  instruction  is  given 
to  all  the  children  by  the  superintendent,  who  says  that  in  giving  these  instructions 
he  can  fully  avoid  all  doctrinal  questions.  On  Sunday  afternoons  the  teachers  give 
religious  instruction  to  the  children  of  their  several  classes.  The  superintendent 
thinks  that  the  system  as  carried  out  is  in  nearly  all  respects  as  good  as  any  that 
could  be  devised,  but  he  thinks  it  would  be  better  if  the  children  were  lodged 
and  cared  for  in  cottages,  and  if  they  received  a  better  education  before  they 
were  placed  out.  The  cost  of  this  institution  is  about  $50,000  a  year.  The 
superintendent  appoints  all  the  officers  except  the  physician. 

The  Massachusetts  State  Reform  School. 

Thiii  institution  was  established  in  1848.  Mr.  Lyman,  after  whom  it  is 
named,  left  a  sum  of  money  to  be  appropriated  to  the  purpose  on  condition  that 
the  State  contribute  at  least  as  much.  When  the  Commissioners  visited  it  the 
inmates  numbered  only  179.  These  were  divided  into  six  families,  four  of  which 
lived  in  single  cottages  and  two  in  a  double  cottage.  Each  cottage  is  under  the 
charge  of  a  man  and  his  wife,  who  are  paid  8800  a  year  and  have  free  board  and 
lodging.  Work  had  been  commenced  on  another  cottage,  and  some  of  the  larger 
boys  were  busy  at  the  excavation  and,  hauling  stone,  or  assisting  the  masons  work- 
ing on  the  foundation.  The  boys  make  their  own  beds, clean  up  the  rooms  and  assist 
in  the  kitchen.  Nearly  all  work  on  the  farm  of  170  acres,  which  is  all  under  culti- 
vationis  done  b3'the  boys, and  the  work  theyhaddone  in  makingroadways  and  clear- 
ing up  some  of  the  rough  places  was  pointed  out.  Work  done  by  the  boys  on  some 
of  the  buildings  in  repairing  and  painting  was  shown.  Much  attention  is  paid  to 
their  literaiy  instruction,  and  the  workshops  are,  in  most  cases,  technical  schools 
in  which  there  is  no  attempt  at  manufacturing,  but  the  boys  are  taught  to  use 
their  hands  and  are  made  familiar  with  the  use  of  tools  and  with  the  principles 
on  which  carpentry  and  other  work  should  be  done.  Some  of  the  work  of  the 
boys  was  exhibited.  In  one  shop  the  boys  prepare  boot  heels  under  the  super- 
vision of  an  instructor,  and  at  this  work  a  smart  boy  can  earn  75  cents  a  day  or 
more.  What  they  earn  above  the  sum  fixed  is  put  to  their  credit.  Each  cottage 
has  a  bath-room,  school-room,  workshop  and  dormitory.  There  is  no  special 
supervision  of  the  boys  at  night.  All  take  their  meals  together,  the  officers  sit- 
ting in  the  same  room,  but  at  a  separate  table.  A  pretty  chapel  in  which  religi- 
ous services  are  regularly  held  cost  83,700.  There  are  no  walls  or  fences  or  bars 
to  restrain  the  boys  anywhere,  and  the  attemps  at  escape  have  been  very  few. 

The  boys  are  committed  to  this  school  by  the  courts  for  various  offences. 
Mr.  Chapin,  the  superintendent,  said,  "  Their  ages  range  from  seven  to  fifteen,  but 
we  get  very  few  who  are  under  ten  years  old.  Most  of  them  are  twelve  or  four- 
teen, and  some  are  fifteen.  They  remain  under  State  supervision  until  they  are 
twenty-one,  but  after  eighteen  they  are  practically  on  probation  in  homes.  The 
time  of  their  detention  in  the  school  is  eighteen  months,  but  this  the  trustees  are 
gradually  extending  to  two  years.  The  trustees  determine  when  the  boys  may 
be  placed  out.  If,  after  they  have  been  placed  out,  the  boys  commit  any  serious 
offence,  they  are  usually  sent  to  the  reformatory  for  men  at  Concord,  Massa- 
chusetts. Of  the  boys  sent  out  of  the  Lyman  Reformatory  from  ten  to  fifteen 
per  cent,  are  afterwards  sent  to  Concord.  The  law  governing  the  institution  pro- 
vides that  the  trustees  shall  cause  the  boys  under  their  charge  to  be  instructed  in 
piety  and  morality,  and  in  such  branches  of  useful  knowledge  as  are  adapted  to 
their  age  and  capacity,  and  in  some  course  of  labour,  either  mechanical,  manu- 
facturing, agricultural  or  horticultural.     The  superintendent  stated  that  a  great 


78 


deal  of  employment  has  been  provided  for  the  boys  on  the  land  and  around  the 
new  buildings,  and  endeavour  is  being  made  at  the  present  time  to  give  the  boys 
a  greater  variety  of  occupation. 

The  Trustees,  in  their  report  for  1890,  says,  "  In  all  work  of  reform  which 
looks  to  a  radical  change  of  moral  character,  and  to  any  considerable  intellectual 
awakening,  the  element  of  time  necessarily  enters.  Most  of  the  Lyman  .'^chool 
boys  have  not  simply  been  committed  for  tiifling  offences,  but  ai-e  children  who, 
by  birth  and  breeding,  have  been  cast  upon  a  stream  of  evil  tendencies  that 
threatens  to  lead  them  utterly  away  from  all  that  is  good,  true  and  noble.  For 
instance,  198  of  the  inmates  had  been  arrested  before  coming  to  the  Lyman  school, 
74  had  previously  been  inmates  of  other  institutions,  and  140  had  one  or  both 
parents  intemperate.  It  cannot  reasonably  be  expected  that  boys  with  such  an 
inheritance  will,  in  a  few  brief  months,  become  so  fixed  in  better  thinking  and 
living  that  there  shall  be  assurance  of  permanent  reform.  In  the  nature  of  the 
case  there  must  be  time  to  arouse  and  educate  the  dormant  conscience  ;  time  to 
curb  the  unbridled  passions  ;  time  to  awaken  the  mind  and  to  set  its  faculties  in 
order  ;  time  to  acquire  habits  of  application,  industry  and  persevercnce  ;  time  to 
bring  to  bear  those  kindly  helpful  influences,  lacking  hitherto,  that  shall  cr3stal- 
ize  in  healthy  moral  charactei".  Few  of  them,  during  the  last  four  years,  have 
stayed  in  the  school  fur  more  than  thirteen  months.  The  trustees  thought,  as  a 
rule,  they  should  be  kept  in  longer,  for  it  is  impossible  to  secure  the  best  results 
in  so  short  a  time.  On  account  of  the  crowded  condition  of  the  school  the  trus- 
tees have  been  compelled  to  push  boys  out  into  places  before  they  were  prepared 
to  go,  and  in  many  cases  where  thei'e  was  little  h(;pe  of  permanent  reform,  and 
the  results  have  largely  justified  their  fears." 

The  total  number  admitted  in  1888-89  was  154;  the  total  number  discharged 
was  112.     The  cost  to  the  State,  during  the  year,  was  about  $42,000. 

The  Massachusetts  Industrial  School  for  Girls. 

The  trustees  regard  this  institution  as  highly  successful,  and  speak  of  an 
increase  in  the  number  of  commitments  as  evidence  of  a  growing  belief  in  the 
value  of  the  institution  for  girls  of  the  class  sent  there.  "  The  placing  out  of 
these  girls  all  over  the  State,"  they  sa}^,  "  with  the  good  accruing  both  to  the 
girls  themselves  and  to  the  little  communities  that  secure  domestic  service  of 
such  good  character,  has  tended  to  call  attention  to  the  school  and  its  work.  A 
work  which  has  transformed  many  girls  who,  a  few  months  before,  were  idle, 
disorderly  and  sometimes  disreputable,  and  who  lived  in  thriftless  and  wretched 
homes,  into  neat,  strong,  industrious  and  willing,  if  not  always  skilful,  helpers  in 
respectable  families,  must  have  some  merit  and  some  efficient  force  and  motive." 
They  claim  that  the  industrial  training  is  thorough,  and  that  the  girls  learn  to  do  ' 
much  of  the  farm  work  as  well  as  what  is  domestic.  They  reply  to  a  complaint 
that  the  girls  are  kept  in  the  school  too  long  by  stating  that  it  is  necessary  to 
keep  them  from  their  old  associations  until  they  have  acquired  moral  strength  to 
withstand  them  all,  and  by  asserting  that  no  girl  is  retained  in  the  school  whose 
condition  would  be  better  outside.  The  superintendent  reports  that  the  demand 
for  girls  is  greater  than  can  be  supplied,  although  seventy-nine  had  been  placed 
out  that  year.  The  tabulated  statements  are  not  so  favorable.  The  number  in 
the  school  on  September  SOth,  1888,  was  sixty-three.  During  the  year  following 
there  were,  seventy-three  new  commitments,  and  of  those  previously  placed  out 
six  were  sent  back  for  illness,  six  in  order  to  change  their  places,  fifteen  for 
unsatisfactory  conduct,  two  for  theft,  three  for  serious  immorality,  five  for  having 
eloped  from   their  places,  and   two  from   prison.     Eighty-eight  were  placed  out 


79 


during  the  year,  and  the  number  remaining  in  the  school  on  September  30th, 
1889,  was  eighty-seven.  Indeed  the  trustees  tlien)selves  say,  "Not  that  the 
Industrial  School  can  claim  that  all  its  girls  are  restored  to  virtue.  Far  from  it. 
Many^who  come  to  it  are  of  such  weak  and  shiftless  character  that  they  can  never 
be  virtuous  except  when  warded  from  temptation  ;  others  with  better  possibili- 
ties fall  when  the  trial  comes,  and  a  few  seem  ineradicably  bent  on  evil.  On  the 
other  hand  many  unpromising  girls  develop  unexpected  virtues." 

They  also  say,  "The  feeble-minded  girls  still  constitute  a  most  perplexing 
element  in  the  school.  Some  of  them  the  trustees  have  distharued  as  untit  sub- 
jects, for  the  training  is  too  expensive  to  give  to  those  whom  it  cannot  j  eima- 
nently  bent-fit.  But  girls  who  are  unfit  for  the  school  are  still  more  unfit  to  be 
turned  loose  to  pollute  the  community  and  to  projiagate  a  tainted  ofi's|rring;  and 
the  tiustees  earnestly  renew  their  recommendations  that  a  cu.stcdial  asylum  like 
that  in  the  State  of  New  York,  be  established  where  these  unfortunates  may  be 
decently  and  economically  cared  for." 

Of  2.61  gills  supposed  to  be  in  care  of  the  trustees  at  the  end  of  the  year 
1889,  ninetv-seven  were  at  work  in  families,  twenty-four  were  on  prolatiou  with 
friends,  tifty-live  had  married  and  eleven  had  run  away.  On  the  wliole  tin's 
school  does  good  woik.  The  expenditure  was  $18,703  la&t  3  ear,  or  ^246.87  per 
head  for  the  average  number  of  inmates. 

Reformatories  in  Other  States — Michigan. 

The  reformatory  for  boys  at  Lansing,  Michigan,  bears  such  a  high  reputa- 
tion that  the  commissioneis  felt  it  to  be  their  fluty  to  vi.^it  it  and  see  its  working. 
They  found  that  its  reputation  is  well  founded.  The  buildirgs  f-fand  (n  a 
large  well  cultivated  farm  a  short  distance  from  the  city.  This  institution  was 
established  in  185G,  as  a  house  of  correction  for  juvenile  ofl'(:nd<rs  of  Loth  sexes. 
Generally  oidy  children  under  fifteen  5-ears  of  age  were  sent  to  it,  but  the 
courts  may  send  young  persons  of  from  fifteen  to  twenty,  for  any  peiiod  for  which 
they  may  be  sentenced.  In  1859  it  was  made  a  reformatory  school  for  boys. 
The  windows  in  the  rear  of  the  old  building  still  show  that  it  was  at  one  time  a 
prison,  but  this  is  all  that  now  retains  of  a  prison  character.  The  schcol  is 
conducted  on  the  cottage  and  congregate  sy.stenis  comliined.  The  boys  live 
in  cottages,  each  under  the  charge  of  a  master  and  matron,  and  attend  school  in 
their  own  cottages  but  they  take  their  meals  together  in  a  large  hall  in  the  central 
building,  and  they  mingle  on  the  farm  and  in  the  play  grounds.  In  the  central 
building  are  f'ur  school  rooms,  what  was  described  as  the  receiving  department, 
dormitories,  the  offices  of  the  administration  and  some  workshops.  There 
are  six  cottage  buildings,  one  of  which  is  a  double  cottage,  and  there  are  about 
fifty  boys  in  each.  The  cottage  manager  is,  in  every  case,  an  ofiicer  of  the  insti- 
tution, and  the  matron,  who  is  his  wife,  is  the  school  teacher.  Very  good  work 
is  done  in  the  schools,  as  the  con^mi.sr?ioners  were  afforded  opportunity  of  observ- 
ing, the  singing  being  especially  good. 

Only  boys  convicted  of  some  offence  are  sent  to  this  school.  Truancy  is  one 
of  the  offences  for  which  they  may  be  committed.  254  boys  were  admitted  during 
the  previous  year,  and  at  the  date  of  our  visit,  the  inmates  numbered  475  betwten 
the  ages  of  seven  and  seventeen,  these  being  the  limits  as  to  age.  No  boy  can 
be  sent  before  seven  or  retained  after  seventeen.  The  boj-s  are  held  for  any 
period  within  these  limits  that  the  trustees  think  bejit,  exce})t  truants  who  are 
committed  for  a  period  of  not  less  than  nine  months  and  who  cannot  be  detained 


80 


"after  they  are  sixteen.  The  board  of  control  may  discharge  a  boy  whenever  they 
think  that  he  is  reformed  and  that  he  will  do  better  ouiside,  without  regard  to 
the  progress  he  has  made  in  literary  knowledge  or  technical  training.  The  indus- 
tries of  the  institution  are  farmino^,  tailoring,  shoemakincr,  bakinj;,  steamfittinsf, 
gasfitting,  carpentering,  plumbing,  printing  and  chair  caning.  The  boys  work 
■i^  hours  each  day,  go  to  school  for  ^h  hours,  give  five  hours  to  meals  and  recreation 
and  ten  hours  to  sleep.  In  the  schools  particular  attention  is  paid  to  reading,  writ- 
ing and  arithmetic,  "with  elementary  work  in  language."  In  the  printing  depart- 
ment "fifty  boys  are  employed  working  alternately  in  gangs  of  twenty -five  each. 
-Much  excellent  work  was  exhibited.  The  boys  who  go  out  from  this  department 
^nd  employment  quickly  at  good  wages.  They  do  not  publish  a  paper,  because 
the  superintendent  thinks  it  would  occupy  time  which  can  be  better  employed. 
Six  boys  were  employed  in  the  laundry,  forty  in  the  carpenters'  shop,  in  which  no 
machinery  is  employed,  and  from  fifty  to  sixty  in  the  tailors'  shop.  Mr.  Gower,  the 
superintendent,  maintained  that  a  boy  learns  more  in  one  of  those  shops  in  a  year 
than  he  would  learn  outside  in  five,  as  the  object  is  not  to  get  him  to  do  a  great  deal 
that  is  mere  drudgery,  but  to  give  him  a  thorough  technical  training.  About  a 
hundred  of  the  young  and  of  the  new  boys  are  engaged  in  seating  cane  bottom  chairs. 
On  the  farm,  which  is  260  acres  in  extent,  all  the  boys  in  whom  a  taste  for  farm  life 
has  been  developed  and  for  whom  places  can  be  found  with  farmers,  are  employed, 
generally  about  seventy-five.  The  majority  of  the  boys  come  from  cities  and  it 
is  considered  that  it  would  be  a  mistake  to  force  them  to  do  only  farm  work. 

Mr.  Gower  refuses  to  give  a  misleading  name  to  the  institution.  It  is  a  reform 
school,  he  says,  and  should  be  called  nothing  else.  He  disapproves  of  classifying 
boys  according  to  what  may  be  supposed  to  be  their  degrees  in  guilt.  He  places 
them  under  observation  when  they  are  sent  to  him,  and  when  he  has  learned  what 
their  dispositions,  inclinations  and  qualities  are  he  puts  them  in  the  places  in 
which  he  thinks  they  will  do  best.  In  some  institutions,  he  says,  the  practice  is 
to  transfer  boys  from  one  cottage  to  another  as  they  rise  or  fall  in  the  scale  of 
rectitude.  There  is  the  receiving  cottage,  the  cottage  of  honor,  the  graduating 
cottage,  the  cottage  of  dishonor,  each  labelled  so  as  to  indicate  the  moral  atmos- 
phere which  is  to  be  found  within.  Thus  the  boys  who  need  the  most  help  and 
encouragement  are  placed  where  they  are  surrounded  with  the  worst  influences, 
and  those  who  show  their  desire  and  ability  to  do  right  are  placed  where  there 
18  scarcely  a  temptation  to  do  otherwise.  He  contends  that  the  worst  boj^  should 
be  placed  in  the  purest  and  most  bracing  moral  atmosphere  to  be  found.  He  main- 
tains, contrary  to  the  opinion  of  many,  that  it  is  possible  in  such  an  institution 
to  create  a  moral  atmosphere  which  will  stimulate  towards  well-doing  every  one 
who  breathes  it ;  to  keep  the  standard  of  morality  amongst  the  boys  so  high  that 
a  good  boy  will  not  be  injured  and  a  bad  boy  will  surely  be  benefited  by  contact 
with  those  around  him.  He  disapproves  strongly  of  the  badge  and  mark  system 
which  he  regards  as  wrong  in  principle  and  pernicious  in  results.  The  system, 
he  argues,  does  injustice  to  good  boys  who  have  been  committed  for  trivial 
offences  and  who  should  be  discharged  on  parole  or  otherwise  as  soon  as  their 
true  character  is  known.  It  is  unjust  to  dull  boys  who  earnestl}^  strive  to  do 
well,  but  fail  to  obtain  marks.  It  encourages  dishonesty  and  hypocrisy  and 
trains  boys  to  form  false  ideas  of  morality  and  duty.  In  many  instances  not  the 
best  boys  but  those  who  are  the  biggest  liars  and  can  most  successfully  elude  de- 
tection gain  promotion  most  rapidly.  It  is  absurd  to  conclude  that  a  boy  has  a 
good  character  because  he  has  not  been  known  to  lie,  steal  or  swear  for  a. year. 
The  institution  should  resemble  as  nearly  as  possible  the  ideal  home  in  which 
obedience  to  statutory  law  is  not  presented  as  the  highest  motive  to  correct 
action,  but  rather  obedience  to  principle  ;  in  which  worth  is  not  estimated  on  the 


81 


basis  of  known  short-coinings,  but  rather  on  the  basis  of  observed  effort  and 
aspiration  towards  noble  things  ;  in  which  character  is  developed  not  by  degra- 
dation or  by  bread  and  water  diet,  but  rather  by  encouraging  the  desire  to  excel 
and  by  the  love  of  approbation,  in  which  the  thoughtless  mistake  or  the  fault  of 
losino-  ones  temper  is  not  exaggerated  and  in  which  no  ideal  is  presented  to  the 
boy  that  appeals  to  his  baser  nature.  The  institution  is  not  made  to  resemble 
such  a  home  by  a  system  of  book-keeping  that  charges  to  every  offender  fifty 
demerits  for  a  lie,  seventy-five  for  profanity,  a  hundred  for  obscenity,  five  hun- 
dred for  resisting  an  officer  and  a  thousand  for  running  away,  without  any  regard 
to  the  antecedents,  infiuences  or  immediate  temptations  which  are  so  often 
responsible  for  the  act;  or  by  any  arithmetical  legerdemain  that  ignores  the 
earnest  longings  and  efforts  tow^ards  right,  even  if  they  do  not  always  overcome 
the  evil  that  is  within  one.  All  this  may  make  a  model  boy  in  the  institution 
without  making  a  good  man  of  him. 

The  gi-eat  majority  of  the  boys,  Mr.  Gower  said,  are  not  naturally  bad,  but 
are  the  creatures  of  unfortunate  circumstances  for  which  they  are  in  no  way 
responsible,  and  what  they  need  is  training  and  education  such  as  will  restore 
them  to  their  normal  condition.  Could  they  have  been  placed  in  good  homes 
most  of  them  would  have  been  saved  to  society  without  any  intervention  of  the 
institution.  Another  objection  to  moving  boys  irom.  one  cottage  to  another  is 
that  it  prevents  the  formation  of  the  intimate  relations  which  should  subsist 
between  the  boys  and  those  immediately  in  charge  of  them  and  prevents  the 
officers  from  acquiring  a  thorough  knowledge  of  the  character  and  disposition  of 
the  boys.  The  average  age  of  the  boys  is  thirteen  years  and  ten  months ;  the 
average  time  of  detention  is  twenty-three  months. 

Boys  found  unfit  for  the  school  because  imbecile  or  incorrigible  maybe  returned 
to  the  court  which  sent  them  to  the  school  and  which  may  then  deal  with  them  as 
if  they  had  never  been  sent  to  the  school.  There  is  careful  supervision  of  the  boys 
who  are  placed  out.  Some  work  on  farms,  others  in  mechanical  occupations  in  the 
citie  sand  towns.  The  superintendent  pays  periodical  visits  to  Detroit  to  meet  the 
boys  who  are  in  positions  there.  A  large  number  follow  the  occupations  in  which 
they  were  engaged  in  the  school.  Of  250  boys  who  go  out  every  year  about 
seventy-five  go  to  farms,  and  about  fifty  remain,  more  or  less,  permanently  on 
farm^. 

The  entire  expenditure  last  year  was  $68,010.  Of  this  the  State  contributed 
$5:3,000.  $7,992  was  received  on  account  of  work  done  in  the  shops.  Some  of 
the  farm  produce  was  sold. 

Mr.  Donovan,  the  treasurer,  gave  an  account  of  the  manner  in  which  esti- 
mates are  prepared,  appropriations  are  obtained,  and  money  is  expended.  He 
thinks  the  system  on  which  the  school  is  conducted  almost  perfect. 

There  is  a  school  at  Coldwater  called  the  State  Public  School,  to  which 
dependent  children — including,  probably,  those  designated,  "  neglected,"  in  Massa- 
chusetts are  sent.  This  is  conducted  on  the  combined  congregate  and  family  system. 
The  ages  of  the  children  range  from  two  to  twelve  and  they  are  kept  until  suit- 
able homes  are  found  for  them  by  the  county  ag-nts.  This  school  has  one  large 
building  fitted  up  with  modern  improvemeats  and  nine  cottages  and  a  farm  of 
120  acres. 

The  mode  of  committing  boys  to  these  institutions  is  this.  When  a  boy 
who  has  committed  some  offence,  or  has  been  truant,  is  arreste  1,  formal  com- 
plaint is  made  to  a  justice  of  the  peace,  and  before  further  proceedings  are  taken, 
it  is  the  duty  of  the  agent  of  the  State  Board  of  Charities  for  ttie  county  to 
make  careful  enquiry  into  the  fa^^ts  of  the  case,  the  Wii  )le  surround  ngs  of  the 
child  and  the  causes  that  led   to  his  becoming  an  offender,  and  then  he  advises 

6  (P.  G.) 


82 


the  justice  as  to  what  should  be  done  with  the  boy.  If  the  charge  is  sustained, 
the  court  may  release  the  boy  on  suspended  sentence,  the  parents  giving  bonds 
for  his  good  behaviour  ;  but  usually  he  is  sent  to  the  school. 

The  Ohio  System. 

The  system  of  dealing  with  juvenile  offenders  and  dependent  children  is 
somewhat  different  in  this  State.  Each  county  is  required  tjy  law  to  provide  a 
home  for  dependent  children,  or  to  make  arrangements  with  the  managers  of 
such  an  institution  in  another  county  for  the  reception  and  care  of  such 
children.  There  were  last  year  thirty-seven  such  homes  in  the  State,  and  the 
average  number  of  children  in  them  was  2,285.  They  are  said  to  be  well  man- 
aged and  their  usefulness  is  said  to  be  conspicuous.  The  law  expressly  provides 
that  no  children  of  the  age  for  admission  into  a  home  shall  remain  in  any  poor- 
house  or  county  infirmary,  as  it  is  called  ;  but,  nevertheless,  at  the  close  of  last 
year,  there  remained  in  these  infirmaries  339  children  between  the  ages  of  five 
and  fifteen,  and  260  under  five  years  of  age.  The  Board  of  State  Charities 
think  that  the  usefulness  of  the  homes  "  could  be  largely  increased  by  more 
efficient  methods  of  placing  out  children  into  permanent  homes  by  adoption,  or 
indenture,  which  is  their  most  important  function."  A  law  recently  passed 
authorises  the  appointment  of  county  agents  for  this  purpose,  but  the  homes 
have  not  availed  themselves  of  its  })rovisions  which  are  merely  permissive. 

Of  the  Boys'  Indu.strial  School  or  Reformatory,  near  Columbus,  of  which  those 
interested  speak  as  one  of  the  most  successful  in  the  United  States,the  official  report 
says  little.  The  number  remaining  in  the  house  on  November  loth,  1889,  was  590; 
the  number  received  during  the  year  was  327,  and  the  number  discharged 
by  expiration  of  sentence,  was  222.  We  are  told  that  "  prevalent  good  order, 
willing  and  industrial  labor  in  shops  and  field,  fair  application  and  progress  in 
school  studies  and  contentment,  and  good  behavior  in  the  family  have  marked 
the  general  deportment  of  the  boys  and  have  been  highly  gratifying  to  the  officers 
and  friends  of  the  institution."  In  the  Girls'  Industrial  School,  fifty-eight  were 
received  during  the  year,  thirty-three  were  discharged  on  expiration  of  sentence 
and  287  remained  on  November  15th,  1889.  Of  this  school  the  Secretary  of  the 
Board  saj^s,  "  No  matter  how  patient  the  care,  how  considerate  the  discipline^ 
how  comfortable  the  provision  made  for  the  inmates,  there  is  always  a  feeling  of 
restraint,  creating  discontent.  This  sense  over -rides  every  sense  of  right  and 
propriety  upon  the  part  of  the  girls — those  old  enough  to  distinguish  between 
that  which  they  wish  and  that  which  is  best  for  them,  seem,  most  of  them, 
utterly  oblivious  to  any  other  consideration  than  simple  freedom  from  restraint. 
The  natural  disposition,  personal  habits,  selfish,  sensual  and  wilful,  are  not  easily 
brought  under  self-control  and  corresponding  difficulty  is  found  in  bringing 
them  into  subjection  to  authority."  The  sending  of  imbeciles  to  this  school  is 
complained  of  and  greater  discretionary  authority  is  asked  for  as  to  the 
discharge  of  young  girls  scarcely  capable  of  committing  crime,  but  against 
whom  a  ciiminal  record  is  made  at  an  age  when  they  can  make  little,  if  any 
defence,  thus  exposing  them  to  life-long  disgrace. 

There  is  a  house  of  refuge  at  Cleveland  attached  to  the  House  of  Correc- 
tion, in  which  there  were  seventy-five  boys  on  November  loth,  1889.  These 
should  scarcely  be  classed  as  juvenile  offenders.  They  seemed  bright,  intelli- 
gent boys,  who  might  easily  be  guided  to  what  is  good.  Fifty-four  were 
received  during  the  year  and  eighty -four  were  sent  to  their  parents  or  guardians. 
That  this  school  is  within  the  enclosure  of  a  penal  establishment  is  admittedly 
a  great  mistake.     A  House  of  Refuge  in  C'incinnati  receives  boys  and  girls  ;  155 


83 


were  placed  in  it  during  the  year  ;  155  were  sent  back  to  parents  or  guardians  ; 
twenty-two  were  placed  out  in  families,  and  there  remained  284  at  the  close  of 
the  year.  Of  the  whole  number  in  this  school  for  the  year  402  were  boys  and 
129  were  girls. 

The  New  York  System. 

The   council   of  the   school   superintendents  of  the  State  of  New  York,  at 
their  annual  meeting  in  1888,  adopted  a  draft  of  a  bill  entitled  "  An  Act  to  secure 
to  children  the  benefits  of  an  elementar}''  education."     This,  which  seems  to  have 
been  framed  largely  on  the  model  of  the  English  .school  law  as  described  by  Mr. 
Phelps,  contains  several  provisions  which  deserve  serious  consideration.      Should 
this   become  law  parents  or  guardians  would  be  required   to   send  all  children 
between  the   ages   of  seven   and    eleven    to    attend    the    public    school    of    the 
district,  or  a  private  school,  during  the  whole  period  that  the  public  school  is  in 
session,  and  in  case  of  default  a  penalty  would  be  imposed  on  the  parents  of  one 
dollar  upon  the  first  conviction,  and  of  five  dollar's  upon  each  subsequent  convic- 
tion.    Children  between  the  ages  of  eleven  and  sixteen  not  regularly  engaged  in 
any  useful  employment  or  service,  would  also  be  required  to  attend  school  under 
like  penalties.     Any  child  between  the  ages  of  seven  and  sixteen  who  attended  no 
school  and  was  not  instructed  at  home,  or  who  was  irregular  in  attendance  at  school 
without  satisfactory  reason  or  excuse,  and  who  had  been  notified,  at  least  three 
times  of  his  delinquency,  and  who,  after  such   notice,  continued  to  be  irregular 
and  idle  ;  or  any  vagrant  child  of  such  age  found  wandering  about  the  streets  and 
lanes  or  public  places  during  the  school  hours  when  the  schools  were  in  session, 
having,  or  seeming  to  have,  no  lawful  occupation  or  business  and  growing  up 
in  idleness,  and  who,  after  having   been  three  times  notified  to  attend,  should 
neglect  or  refuse  to  attend  the  same,   would  be  deemed  an  habitual  truant.     The 
public  school  authorities  in  cities  aud  school  districts  and  the  attendance  officers 
would  be  required  to  make  diligent  enquiry  into  all  cases  of  neglect  on  the  part  of 
parents  and  of  habitual   truancy   and  to  secure  the  proper  performance  of  the 
duties   imposed    by   the   Act,  or    the    punishment  of   those   guilty  of   neglect ; 
and  to  secure  the  regular  attendance  at  school  of  all  children  of  the  ages  specified 
for  the  time  named  in  the  Act.     All  persons  would  be  forbidden,  under  penalty,  to 
employ  any  children  between  the  ages  of  eleven   and    fourteen    years  in  any 
factory,  workshop,  or  other  place  during  the  school  hours  of  the  public  schools 
when  in  session,  unless  they  held  a  certificate  from  the  proper  school  authorities 
to  show  that  in  each  case  the  child  had  been  instructed  for  fourteen  weeks  out  of 
the  fifty-two  next  preceding  the  time  of  such  employment,  and  such  employment 
should  not  continue  beyond  the  date  when  such  certificate  expired.     Provision  is 
made  for  the  appointment  of  one  or  more  attendance  officers  in  union  free  school 
districts  and  in  other  school  districts  having  a  board  of  education,  and  it  is  made 
the  especial  duty  of  these  officers  to  see  that  those  provisions  of  law  are  enforced. 
In  common  schools  district  these  duties  would  be  imposed  upon  the  trustees.     The 
Board  of  Education  in  any  city  and   the   Board    of  Supervisors  in   any  county 
may,  and  the  Board  of  Education  in   cities  of  250,000  inhabitants  or  over,  would 
be  required  to  provide  one  or  more  suitable  places  (truant  schools  ?)  for  the  com- 
mitment, discipline,  and  instruction,  or  for  the  confinement,  when  necessary,  of 
habitual  truants     *     *     (and)  make  all  needful  regulations  for  the  management, 
direction,  control,  and  government  of  such  schools.    But  no  person  should  be  com- 
mitted to  such  school  for  less  than   four  weeks  nor  for  more   than  one  year, 
provided  that  such  board  in  such  cases  may      *       *       dischaige  any  person  so 
committed  before  the  term  of  his  commitment  expired,  if  in  their  judgment  the 
substantial    and    permanent    reform    of   the    truant    had    eftected.       No   person 


84 


accused  and  convicted  of  any  crime  should  be  committed  to  such  school  as  a 
punishment  for  such  crime."  It  is  made  the  duty  of  police  officers  to  assist 
trustees  and  attendance  officers  in  the  discharge  of  these  duties.  In  some 
cases  of  which  we  find  record,  truants  are  sent  to  a  Protestant  home  or  a 
Catholic  protectory,  there  to  be  disciplined,  "  the  juilge  always  selecting  the 
institution  representing  the  religious  faith  of  the  parents." 

Industrial  School  at  Rochester,  N.  Y. 

Besides  the  charitable  institutions  devoted  to  the  protection  and  reformation 
of  the  young,  there  are  three  large  state  reformatories  called  industrial  schools. 
These  are  con^  lucted  on  the  congregate  system,  and  in  some,  if  not  all,  boys  and  girls 
are  continedwithin  the  same  boundary  wall,  although  in  separate  buildings.  The 
population  of  these  schools  has  increased  rapidly  of  late.  When  the  Commissioners 
visited  the  reformatory  at  Rochester,  639  boys  and  134  girls  were  under  detention 
there, and  although thegirls' school wasbuiltonlytwoorthree  years  ago  the  principal 
complained  that  it  was  crowded.  The  boys,  who  are  too  young  to  do-more  than 
attend  school,  are  in  a  department  quite  separate  from  the  others  and  have  a  play- 
ground of  their  own  enclosed  by  high  walls.  The  girls  school  is  in  beauti- 
ful order.  The  girls  are  divided  into  two  grades  or  classes  according  to  the 
offences  which  they  committed  and  the  character  they  bore  before  admission,  and 
great  care  is  taken  to  exclude  from  the  higher  grade  those  whose  influence  may 
be  hurtful  to  the  others.  It  was  the  intention  of  the  managers  that  each  of  the 
older  o-irls  in  the  first  grade  should  have  a  room  of  her  own,  but  it  has  been  found 
necessary,  in  several  instances,  to  put  two  in  a  room.  The  doors  of  these  rooms 
stand  open  day  and  night  and  they  all  looked  bright  and  neat.  In  the  dormito- 
ries in  which  the  younger  girls  sleep  the  beds  were  somewhat  crowded.  In  the 
laundry  in  which  many  of  the  older  girls  are  employed  little  machinery  is  used, 
as  the  object  is  to  fit  the  girls  to  live  as  domestics  in  private  houses  The  school 
rooms  were  all  thoroughly  equipped  and  were  perfectly  neat  as  were  the  work- 
rooms and  all  parts  of  the  house.  The  buildings  in  which  the  boys  are  kept  are 
old  and  do  not  look  so  well.  A  large  part  of  the  main  building  retains  its  old 
prison  aspect.  The  windows  are  long  and  narrow  and  the  iron  bars  remain.  From 
one  section  of  this  the  cells  have  all  been  removed  and  instead  is  a  large  dor- 
mitory in  which  some  hundreds  sleep.  In  the  other  section  all  the  doors  and 
fastenings  have  been  removed  and  the  cells  converted  into  bright  little  bed  rooms, 
but  the  superintendent  is  determined  that  all  that  may  remind  the  boys  of  this 
haviuo-  been  a  prison  shall  be  removed  as  soon  as  possible.  The  blacksmiths' 
shopa'and  other  workshops,  such  as  the  foundry,  the  moulders'  shop,  and  the  car- 
penters' shops,  are  in  detached  buildings.  A  high  strong  outer  wall  encloses  all 
the  buildings,  an  open  space  in  front  and  the  play  grrmnds.  This  is  said  to  be 
necessary  because  the  institution  is  so  near  the  city  that  the  suburbs  extend  all 
round  it.  The  grounds,  including  those  under  buildings,  the  play-grounds  and 
a  small  farm,  are  only  42  acres  in  extent.  No  special  attention  seemed  to  be  given 
to  farming  or  gardening. 

From  75  to  80  boys  are  employed  in  the  house-work,  including  kitchen 
and  bakery.  Several  of  the  boys  when  they  go  out  find  employment  as 
baker.s.  Twelve  receive  technological  instruction  and  training  in  a  foundry  ; 
22  in  a  blacksmith  shop  ;  14  in  a  moulders'  pattern  shop,  and  33  in 
a  carpenters'  shop.  The  brightest  boys  generally  make  their  way  to  the 
machine  shop,  where  they  are  taught  how  to  use  the  drill,  lathe,  planer, 
ihaper  and  milling  machines  and  to  temper  and  grind  tools.  This  class  nund'crs 
13.     There  are  also  classes  taught  bricklaying,  plastering,  painting  and  tailoring 


85 


and  shoemaking.  Such  boys  as  have  a  taste  for  agriculture  and  gardening  work 
©n  the  farm,  but  nearly  all  the  boys  come  from  the  cities  and  these  prefer  mechan- 
ical occupations.  There  is  an  instructor  for  each  class.  The  Commissioners 
saw  some  of  the  classes  at  work.  Drill  is  taught  by  a  military  instructor,  and 
the  older  boys  went  through  several  intricate  movements  with  great  steadiness 
and  precision. 

In  tha  girls'  department  as  in  the  boys'  no  work  is  done  for  outside  parties  ;- 
shirts  are  made  for  the  boys  and  the  bed-clothes  are  made  and  repaired.  This 
and  the  work  the  girls  do  for  themselves  and  their  own  school,  the  laundry  work 
and  the  work  in  the  schools  occupy  their  time  fully. 

In  the  department  of  the  larger  boys  there  are  a  first  and  second  division,  but 
the  boys  all  mingle  in  the  schools  and  shops  and  playgrounds.  Some  of  the 
boys,  the  Superintendent  said,  are  of  vicious  habits  when  sent  to  the  school,  and 
some  have  acquired  a  taste  for  strong  drink,  but  cigarette-smoking  brings  more 
boys  to  the  school  than  whiskey-drinking. 

Classification  is  much  more  carefully  attended  to  in  the  girls'  department. 
They  are  classed  as  primary  and  first  and  second  division  as  the  boys  ai'e.  The 
primary  includes  children  of  from  seven  to  twelve  years,  of  whom  some  have  com- 
mitted petty  oflfences,  some  are  committed  as  vagrants  and  some  are  orphnns.  The 
girls  in  the  first  division  are  between  the  ages  of  fourteen  and  sixteen  who  have 
committed  serious  offences.  The  second  division  is  comprised  chiefly  of  girls  who 
have  fallen,  and  these  are  kept  entirely  separate  from  the  others  and  do  not  even 
see  them  except  at  church.  If  any  girl  in  the  first  division  acts  badly  and  there 
is  danger  of  her  corrupting  the  others,  she  is  at  once  transferred.  Each 
division  has  its  own  school  room.  The  primary  and  the  first  division  receive  the 
same  amount  of  schooling.  The  second  division  attend  school  from  five  until  a 
a  quarter  to  eight  in  the  evening. 

When  a  boy  (or  girl)  is  convicted  of  any  offence  for  which  he  may  be  com- 
mitted to  such  an  institution  he  becomes  a  ward  of  the  State,  and  the  governing 
board  of  the  school  to  which  he  is  sent  have  control  of  him  during  his  minority. 
When  the  superintendent  reports  that  a  boy  is  fit  to  leave  the  school,  the  chap- 
lain enquires  if  the  boy  has  a  home,  and  whether  it  is  such  as  he  should  be  sent 
to.  If  it  is,  the  parents  are  notified,  and  when  they  have  signed  the  papers  pre- 
pared in  such  cases,  the  boy  is  returned  to  them.  If  the  home  is  not  what  it 
should  be  the  chaplain  looks  for  another  in  which  tie  boy  may  be  safely  placed.  A 
committee  of  the  board  of  managers  must  approve  of  the  boy's  discharge.  The 
board  will  not  allow  a  boy  to  go  out  until  a  place  has  been  provided  for  him,  and 
if  he  behaves  badly  after  he  has  been  discharged  they  bring  him  back  to  the 
school.  No  boy  is  discharged  absolutely  until  he  is  of  age.  Practically  the  sup- 
erintendent determines  when  a  boy  shall  go  out,  and  the  chaplain  determines 
whether  he  shall  return  home  or  be  placed  elsewhere.  If  a  boy  desires  to  change 
his  place  when  out  he  must  obtain  the  approval  of  the  chaplain.  It  is  the  duty 
of  the  chaplain  to  learn  all  he  can  about  each  boy's  history  and  the  circumstances 
which  led  to  his  conviction,  to  keep  u])  a  correspondence  with  the  relatives, 
friends,  and  employer  of  a  boy,  after  he  has  been  parolled,  to  ascertain  how  he 
is  conducting  himself  and  whether  matters  are  going  on  satisfactorily.  The  chap- 
lain has  authority  to  remove  a  boy  from  one  place  to  another  for  any  sufficient 
cause  and  to  decide  when  it  may  be  necessary  to  send  a  boy  back  to  school 
There  are  two  chaplains  in  this  institution,  one  Protestant,  the  other  Catholic, 
and  each  has  charge  of  the  boys  of  his  own  persuasion.  About  twenty  per  cent, 
of  the  boys  sent  out  are  returned.  In  some  cases  they  behave  badly  ;  in  others 
their  homes  are  found  to  be  dangerous,  or  their  employers  treat  them  badly.  Of 
the  girls  it  was  said  that  some  of  those  of  the  priraar}''  class  who  are  placed  out 


86 


do  come  back,  but  not  many.  More  of  the  first  and  second  division  are 
returned,  not  in  most  cases  because  they  have  committed  any  offence  but  because 
they  are  unable  to  do  the  work  required  of  them.  Many  of  them  are  very 
helpless. 

The  chaplains  do  a  large  part  of  the  administrative  work  in  this  institution. 
The  board  make  and  change  the  regulations,  and  through  their  committees 
actively  supervise  all  that  is  done.  Their  powers  are  very  large  as  all  their  regu- 
lations have  the  force  of  law. 

The  superintendent  stated  that  of  those  who  pass  through  this  school  from 
eighty  to  eighty-five  per  cent,  are  thoroughly  reclaimed. 

The  Australian   System. 

In  Australia  the  systems  for  dealing  with  destitute  and  neglected  children 
and  with  juvenile  offenders,  which  found  favor  in  Great  Britain,  were  generally 
adopted,  but  they  have  been  materially  modified,  and  in  his  report  for  1888  the 
secretary  of  the  department  which  has  charge  of  such  institutions  in  the  Colony 
of  Victoria,  asserts  that  the  acts  relating:  to   iuvenile  offenders  and  to  negflected 

I'll  1*1  •  »  ,  ^  ^ 

children,  which  passed  in  the  previous  session,  embody  the  most  advar>ced  legisla- 
tion that  has  been  enacted  by  any  of  the  colonial  legislatures.  Their  system 
includes  private  denominational  reformatories,  assisted  by  the  State,  as  in  England; 
Government  reformatories,  wholly  sustained  and  managed  by  the  State,  in  which 
the  religious  rights  of  the  inmates  are  carefully  guarded  and  the  importance  of 
religious  instruction  is  fully  recognised ;  industrial  schools,  now  called  schools 
for  neglected  children  and  receiving  depots  for  neglected  children  awaiting  the 
action  of  the  courts.  To  the  receiving  depots  probation  schools,  in  which  the  char- 
acter, disposition  and  general  moral  condition  of  the  children  committed  to  any  of 
the  institutions  could  be  ascertained  by  careful  observation,  were  to  be  added.  The 
provision  that  only  those  who  had  actually  passed  at  least  ten  days  in  gaol  under  sen- 
tence for  some  offence  should  be  sent  to  a  reformatory  has  been  abolished,  and  child- 
ren may  now  be  sent  to  reformatoiy  or  industrial  school  without  ever  entering  a 
gaol.  It  was  proposed  that  when  the  probation  schools  were  in  operation,  juvenile 
offenders,  as  well  as  neglected  children,  should  be  sent  to  the  receiving  depots 
when  any  delay  occurred  in  making  final  disposition  of  them.  They  may  now 
be  sent  to  a  reformatory  school,  pending  such  disposition.  Children  found  asso- 
ciating or  dwelling  with  criminal  persons  may  now  be  apprehended,  and  if  the 
charge  be  sustained  the  guardianship  of  such  children  may  be  transferred  to 
respectable  relatives  or  others,  who  will  be  protected  from  the  interference  of 
objectionable  relatives.  The  boarding  out  of  very  young  children,  and  the  licens- 
ing out  of  those  who  behave  well  in  the  schools  are  regarded  as  important 
means  of  saving  and  reforming  those  who  need  the  help  of  the  State. 

One  reformatory  and  one  industrial  school  for  girls  are  under  the 
management  of  Protestants ;  one  reformatory  and  two  industrial  schools 
for  girls  are  under  the  management  of  Catholics,  and  the  state  manages 
directly  a  reformatory  for  boys,  a  reformatory  for  girls,  an  industrial 
school  for  boys  and  an  industrial  school  for  girls.  The  total  number 
that  pa.ssed  through  all  these  during  the  year  was  1,0  i4;  the  total  number  in  all 
the  schools  on  December  31st,  1888,  was  294,  of  whom  43  were  in  the  State  indus- 
trial school,  127  in  the  State  reformatory  ;  76  in  the  Catholic  industrial  schools, 
and  20  in  the  Catholic  reformatory;  15  in  the  Protestant  industrial  school  and  13 
in  the  Protestant  reformatory.  During  the  year  36o  were  sent  to  foster  homes, 
257  to  service  homes,  and  68  were  placed  on  probation  with  relatives  and  others. 
The  total  number  of  children,  who   having  passed   through  the  reformatory  and 


87 


industrial  schools,  were  placed  out  and  were  under  supervision,  was  581.  The  con- 
duct of  489  of  these  was  reported  good,  of  21  indifferent  and  of  71  bad.  The  total 
number  under  super \'ision  was  8,238. 

During  the  year  352  children  were  sent  to  the  industrial  schools,  and  81  to 
the  reformatories.  In  65  cases  the  children  wei-e  deserted  by  the  fathers,  in  ten 
cases  by  their  mothers  and  in  eleven  cases  by  both  parents.  In  28  cases  the 
father  was  not  known,  in  22  cases  neither  fa,ther  nor  mother  was  known. 

158  were  discharged  on  probation   during  the  year,  and  34  finally. 

One  of  the  regulations  respecting  neglected  children,  which  have  the  force 
■of  law,  is  that  when  any  such  child  is  apprehended,  "until  the  charge  shall  have 
been  heard  and  disposed  of"  the  constable  or  person  by  whom  he  has  been  ap- 
prehended "shall,  when  practicable  or  expedient,  place  such  child  in  one  of  the 
receiving  depots,  situated  in  the  Royal  Park,  near  Melbourne."  But  if  it  be  not 
practicable  or  expedient  to  place  the  child  in  one  of  these  depots,  the  constable 
or  person  making  the  arrest  is  authorised  to  place  the  child  with  some  respect- 
able private  person,  and  to  make  proper  arrangement  or  agreement  as  to  the 
care  and  custody  of  the  child.  If  the  constable  is  a  married  man  he  may  place  the 
child  in  his  own  dwelling  under  the  care  and  supervision  of  himself  and  wife. 
Every  child  committed  or  transferred  to  the  care  of  the  department  for  neglected 
chOdren  is  taken  to  the  nearest  receiving  depot  occupied  and  used  by  children  of 
the  same  sex,  there  to  remain  in  charge  of  the  superintendent  or  matron  until 
the  manner  of  his  or  her  disposal  shall  have  been  determined  by  the  secretary. 

Children  who  cannot  be  controlled  in  the  industrial  schools  are  now  sent  to 
the  reformatories.  It  is  proposed  to  send  them  to  the  probation  schools  when 
such  schools  have  been  provided. 

Children,  who  being  of  good  behaviour  and  otherwise  fit  for  the  position,  are 
appointed  monitors,  may  be  allowed  a  sum  not  exceeding  two  shillings  and  six 
pence  per  month. 

In  probationary,  industrial  and  reformatory  schools  the  officer  in  charge  is 
required  to  classify  the  children,  due  regard  being  had  to  the  conduct,  age,  and 
moral  and  physical  characteristics  of  such  children.  All  officers  and  teachers 
are  required  specially  to  direct  their  attention  to  the  moral  and  religious  instruc- 
tion of  the  children,  and  it  is  provided  that  religious  instruction  shall  be  given 
in  all  depots  and  schools  under  the  denominations  Protestant,  Roman  Catholic 
and  Jewi.sh,  and  under  no  other  denomination.  Every  child  in  any  depot  or  school 
shall  be  taught  the  religion  of  that  one  of  the  denominations  aforesaid,  to 
which  in  the  particulars  attached  to  the  order  committing  such  child  to  the  care 
of  the  department  he  is  stated  to  belong.''  If  a  mistake  is  made  in  the  order  it 
may  be  rectified.  When  practicable  the  children  .  .  shall  be  taken  on  Sun- 
day to  their  respective  places  of  wor.ship.  Provision  is  made  for  the  admission 
of  clergymen  and  others  to  the  children  of  their  own  denomination  on  Sun- 
days and  at  such  other  times  as  are  set  apart  for  religious  instruction. 

The  Commissioners  make  no  apology  for  occupying  so  much  space  in  their 
report  in  showing  the  various  systems  that  obtain  in  the  countries  named  for  the 
reformation  of  juvenile  offenders,  as  they  are  convinced  that  it  is  of  the  greatest 
importance  that  this  Province  should  learn  from  the  experience  of  others  what 
system  is  best  adapted  to  its  circumstances  and  calculated  to  produce  the  most 
beneficial  results. 

The  Ontario  System. — The  Reformatory  for  Boys. 

A  great  mistake  was  made  in  the  selection  of  the  site  of  the  Reformatory 
for   Boys    at    Penetanguishene.      When    the   Government    found    it    necessary 


88 


to  establish  this  reformatory  they  thought  it  would  be  economical  to  use 
for  the  purpose  a  barracks  which  had  been  unoccupied  since  the  war  of 
1812.  This  will  not  seem  surprising  when  we  remember  that  in  those  days 
the  prevailing  idea  respecting  reformatories  was  that  they  should  be  little 
else  than  prisons,  in  which  juveniles,  while  receiving  some  education  and  indus- 
trial training,  should  be  strictly  conhned,  punishment  being,  at  least,  one  of  the 
chief  objects  of  their  incarceration.  When  the  erection  of  the  present  massive 
structure  was  found  necessary  there  seemed  to  be  no  reason  for  moving  to  another 
locality  as  the  ideas  as  to  what  a  reformatory  school  should  be  had  undergone 
little  change.  The  new  structure  was  but  a  more  commodious  prison.  The  boys 
were  every  evening  locked  up  in  a  triple  tier  of  cells,  with  doors  of  iron  bars  and 
fastenings  strong  enough  to  hold  the  most  desperate  felons,  and  when  allowed  out 
during  the  day  they  were  confined  within  a  strong  and  very  high  close  fence.  And 
guards  were  set  night  and  day  to  prevent  escapes.  For  a  place  of  confinement  or 
for  an  asylum  in  which  the  imbecile  or  the  incurable  insane  may  spend  their  days 
the  situation  is  in  many  respects  unobjectionable.  The  air  is  bracing  and  salubrious, 
the  water  is  pure  and  abundant,  the  facilities  for  drainage  are  excellent  and  the  out- 
look is  grandly  beautiful ;  but  the  soil  is  so  light  and  sandy  and  so  thickly  covered 
with  boulders  that  successful  farming  is  impossible,  and  the  place  is  so  far  away 
from  all  the  great  centres  of  population  that  industries  which  could  be  carried  on 
with  advantage  to  the  boys  and  with  some  profit  if  the  school  were  within  easy 
distance  of  a  large  city  would  entail  heavy  loss  if  introduced  here.  A  still  greater 
disadvantage  is  that  the  public  almost  forget  that  such  an  institution  exists,  and 
application  is  scarcely  ever  made  by  farmers  or  others  for  the  services  of 
boys  whose  term  is  about  to  expire.  There  is  no  ofiicial  machinery  to  provide 
good  homes  and  suitable  employment  for  the  boys  when  they  return  to  the  outer 
world,  or  to  control,  direct  or  guide  them  in  any  way,  and  no  voluntary  associa- 
tion has  yet  attempted  to  make  amends  for  the  law's  neglect  in  this  respect. 

The  high  fence  and  the  rattle  of  the  keeper's  keys  as  he  opens  or  closes  the 
entrance  gate  still  give  the  place  much  of  the  appearance  of  a  prison  on  the  ex- 
terior. Inside  the  fence  things  look  much  better.  The  ground  which  was  at  one 
time  very  rough,  has  been  graded,  and  a  large  flower  garden  laid  out  with  much 
artistic  skill  was  in  full  bloom  when  the  commissioners  visited  the  school,  and 
made  quite  a  brilliant  show.  Where  those  tiers  of  cells  once  stood  they  found  a 
large,  airj^  well  lit  dining  room,  admirably  arranged,  and  a  dormitory  which  in 
its  arrangements,  its  perfect  cleanliness,  and  its  entire  freedom  from  disagreeable 
odours,  was  equal  if  not  superior  to  any  they  had  seen  in  the  best  institutions 
visited  by  them  in  the  United  States.  The  supervision  during  the  night,  as 
explained  by  the  warden,  is  perfect.  A  dim  light  burns  all  night,  the  guards 
pass  through  the  dormitory  every  few  minutes,  a  registering  electric  apparatus 
records  their  every  visit,  enabling  the  warden  to  test  the  accuracy  of  the  report 
which  they  are  required  to  make  to  him  every  morning.  The  commissioners  saw 
the  boys  march  into  the  dining  hall  and  take  their  places  at  the  tables,  and 
admired  their  excellent  demeanor. 

The  school  rooms,  although  said  to  be  too  small,  are  well  furnished  and  well 
kept.  In  the  senior  Protestant  class  there  were  35  boys,  in  the  junior  39,  and  in 
the  Catholic  scliool  were  32.  The  education  given  is  that  of  the  public  schools. 
The  boys  were  said  to  be  diligent  and  well  behaved,  and  the  inspector,  Mr.  Day, 
who  visits  the  schools  regularl}^  reports  that  good  work  is  done  in  them.  The 
chapels  are  commodious  and  well  arranged.  Divine  service  is  held  every  Sunday 
forenoon  and  afternoon  for  Protestants  and  for  Catholics.  The  boys,  while  attend- 
ing service,  conduct  themselves  with  great  propriety,  and  the  choirs,  composed 
of  the  more  musical  of  the  boys,  sing  remarkably  well. 


89 


The  religious  instruction  and  training  of  the  bo3^s  are  carefully  attended  to. 
Formerly  there  were  two  chaplains,  a  Protestant  and  a  Catholic,  who  conducted 
morning  and  evening  prayers  daily,  were  every  day  in  frequent  intimate  inter- 
course with  the  boys,  and  on  Sunday  held  divine  service  in  the  forenoon  and. 
afternoon.  Religious  instruction  was  also  given  at  other  times  during  the  week. 
Now  the  duties  of  the  Protestant  chaplaincy  are  discharged  by  three  clergymen 
of  the  adjoining  town,  who  attend  alternately. 

The  large  play -grounds  showed  many  signs  of  use.  The  boys  pvidently 
enjoyed  their  games  thoroughly,  but  there  was  not  the  slightest  rudeness  o£ 
conduct  or  coarseness  of  speech.  Either,  we  were  told,  would  be  punished: 
promptly. 

The  industrial  condition  of  the  school  is  very  unsatisfactory.  The  byres  and 
piggery  were  in  good  order,  but  they  are  not  extensive.  A  large  garden  on  a 
low  level  where  the  ground  seemed  more  fertile  appeared  to  be  well  and  carefully- 
cultivated,  but  of  farming  there  was  really  very  little  to  be  seen.  The  workshops 
looked  no  better.  The  little  machinery  in  the  carpenters'  shop  looked  as  if  it 
were  not  very  much  used  and  as  if  it  could  not  do  very  much.  Only  in  the 
tailors'  shop  was  there  much  appearance  of  any  effort  to  give  industrial  training. 
Of  the  209  boys  in  the  school  at  the  close  of  last  year,  only  three  according  to 
the  report  were  in  the  carpenters'  shop,  seven  in  the  engine-room  and  ten  in  the- 
tailors'  shop.  How  many  worked  in  the  shoemakers'  shop  is  not  stated.  In  the 
garden,  in  the  stables,  on  the  farm  and  other  outside  w^ork,  36  others  were 
employed.  A  number  w^ere  employed  as  bakers  and  cooks  and  in  housework. 
Of  the  209  boys  whom  the  commissioners  saw,  many  were  so  young  that  it  would 
be  wrong  to  require  them  to  do  much  work.  But  even  of  these,  a  large  proportion 
could  profitably  receive  some  technological  training.  A  very  large  proportion- 
however,  were  grown  lads  who  seemed  strangely  out  of  place  in  such  a  school 
These  for  their  ow^n  sake  should  be  required  to  do  a  fair  day's  work  every  day» 
Technological  training  such  as  is  given  in  the  Lyman  school  and  the  Lansing  and 
other  reformatories  is  ignored  at  Penetanguishene. 

The  superintendent,  when  under  examination,  was  asked  what  is  done  to 
give  the  boys  an  industrial  training  ?  He  said  :  "  We  have  endeavored  to  employ 
the  boys  as  best  we  can,  but  not  to  their  benefit  as  it  should  be.  *  *  So  far 
as  the  teaching  of  a  particular  trade  goes  I  cannot  say  that  it  is  of  much  benefit 
to  them,  and  when  they  go  out  it  frequently  follows  that  they  have  a  very  im- 
perfect knowledge  of  anj^  trade.  ,  We  might  give  them  some  knowledge  of  tailor- 
ing that  might  enable  them  to  get  in  somewhere  as  improvers  Our  shoemaking  is 
no  trade  at  all.  We  make  shoes  for  the  inmates,  but  the  knowledge  that  the  boys- 
acquire  is  of  no  value  outside."  He  thought  the  suggestion  that  boys  emplo3'ed  at 
tailoring  should  be  taught  to  do  "plain  felling  and  seaming  properly,"  very  valualde. 
The  other  trades  taught,  he  said,  are  mechanical  eno-ineering,  conhned  to  the  more 
simple  class  of  work,  blacksmithing,  steamfitting,  carpentering,  in  a  limited  way, 
a  little  jobbing  and  putting  up  of  rough  stuff.  Of  farming,  he  said  :  "  Our  land 
capable  of  cultivation  being  limited,  we  have  kept  this  braiich  of  industry  down 
to  our  domestic  wants,  to  the  growing  of  potatoe.s,  oats,  hay,  and  such  like."  They 
do  not  raise  all  they  reqiiire  even  of  these  prochicts.  The  reasons  he  gave- 
for  this  lack  of  industi'ial  training  were  "  We  have  not  emplo3'ment  for  the  boys- 
at  any  art  or  trade,  and  we  cannot  introduce  new  industries  without  serious  loss, 
and  were  we  to  introduce  them  w^e  would  run  the  risk  of  having  the  labor  com- 
binations taking  exception  to  them.  *  *  Geographically,  we  are  so  situated 
that  were  we  to  employ  the  boys  at  skilled  labor  w^e  could  not  put  our  produce 
upon  the  market  except  at  great  cost.     Technological  instruction  could   be  given 


90 


if  the  proper  means  and  appliances  were  furnished  by  the  Government."  The 
superintendent  seemed  to  understand  fully  the  importance  of  active  productive 
employment  as  a  means  of  reformation. 

The  staff  of  the  institution  is  composed  of  the  superintendent,  the  deputy- 
superintendent,  the  bursar,  the  surgeon,  the  chaplains,  three  school  teachers,  two 
Protestants  and  one  Catholic,  a  steward,  storekeepei",  carpenter,  engineer,  baker, 
shoemaker,  tailor,  farmer,  gardener,  four  guards,  one  teamster,  one  who  has 
charge  of  the  works  outside,  one  in  charge  of  the  play-room,  a  stable  keeper  and 
a  gate  keeper,  a  chief  night  attendant  and  four  night  guards.  The  number  of 
guards  is  much  larger  than  in  any  bovs'  reformatory  in  the  United  States  visited 
by  the  commissioners.  The  cost  of  the  school  last  year  was  ii54o,330,  or  $199.60 
per  head. 

The  number  of  boys  in  the  school  when  the  commissioners  visited  it  was 
■208.  Last  year  the  number  committed  was  85.  One  of  these  was  committed 
for  assault  with  intent,  two  for  assault  and  robbery,  one  for  arson,  one  for  bur- 
glary and  larceny,  two  for  burglary,  one  for  fraudulent  appropriation,  one  for 
housebreaking,  two  for  housebreaking  and  larceny,  three  for  horse-stealing,  seven 
as  incorrigible,  two  for  indecent  assault,  forty-nine  for  larceny,  one  for  larceny 
of  a  registered  letter,  two  for  shopbreaking,  two  for  shopbreaking  and  larceny, 
and  eight  for  vagrancy^  One-half  the  boys  committed  last  year  were  of  the  ages 
of  13,  14  or  15,  Sometimes  boys  are  sent  whose  offences  are  trivial.  Of  the 
boys  sent  last  year  28  were  committed  under  indeterminate  sentences. 

Several  of  the  85  boys  committed  during  the  year  were  very  young  when  com- 
mitted. The  report  for  1889  states  the  ages  as  1  at  7,  5  at  9,  6  at  10,  6  at  11 
17  at  12,  12  at  13,. 16  at  14,  12  at  15,  7  at  16,  2  at  17,  1  at  21. 

It  is  evident  that  for  those  35  boys  of  12  years  of  age  and  under  something 
better  might  have  been  done  than  sending  them  to  a  reformatory  to  associate 
more  or  less  with  offenders  so  much  older  than  themselves,  who  it  may  fairly  be 
assumed  were  in  most  cases  thorough  adepts  in  all  that  is  vicious  and  criminal. 
On  the  other  hand  it  must  be  said  that  a  reformatory  for  boys  is  not  a  proper 
place  for  youths  of  16  years  and  upwards.  It  is  true  nevertheless,  as  one  of  the 
teachers  states  in  his  report,  that  many  of  the  big  boys  behave  well  and  assist  in 
keeping  the  smaller  boys  from  vice ;  that  boys  convicted  of  serious  offences  are 
not  always  the  most  immoral,  and  that  some  of  the  small  boys  are  the  most 
vicious  and  troublesome.  An  Act  passed  last  session  provides  that  hereafter  no 
boy  who  appears  to  be  under  thirteen  years  of  age  shall  be  sent  to  the  refor- 
matory. 

Of  the  85  one  was  sentenced  for  one  year,  one  for  a  year  and  six  months,  3  for 
two  years,  32  for  three  years,  7  for  four  years  and  13  for  five  years.  Twenty- 
eight  were  sent  under  what  the  judges  intended  should  be  indeterminate  sen- 
tences, such  as  a  minimum  of  three,  five  or  six  months,  or  one,  two  or  three  years, 
and  not  to  exceed  three,  four  or  five  years.  But  under  such  sentences  as  matters 
stand  it  seems  to  be  the  duty  of  those  in  charge  to  detain  the  boys  for  the  long 
term. 

7^  ny  attempt  to  ascertain  the  percentage  of  the  boys  discharged  who  lead 
honest  lives  would  be  useless  under  the  present  system,  and  any  statement  on  that 
point  must  be  mere  conjecture,  as  no  care  is  taken  of  the  boys  after  they  have 
left  nor  is  there  any  attempt  at  supervision  of  them. 

The  present  state  of  the  law  is  undoubtedly  a  great  obstacle  to  the 
successful  working  of  this  reformatory.  All  authorities  agree  that  the  re- 
formation of  any  prisoner,  young  or  old,  is  impossible  unless  the  prisoner  himself 
b)e  brought  to  desire  his  own  i-eformation.  This,  all  modern  authorities  agree,  can 
only   be   done   by  kind   and  judicious  management,  and  the  hope  of  earning  by 


91 


good  conduct  a  remission  of  some  part  of  the  penalty  where  that  has  been  fixed 
by  the  sentence  or  an  early  discharge  under  a  parole  system.  The  difficulty  that  is 
found  almost  insuperable  in  practice  seems  to  arise  from  the  doubts  which  exist 
as  to  the  powers  of  the  Provincial  Legislature  and  the  Canadian  Parlianient  and 
the  consequent  necessit}'  for  concurrent  legislation  ;  and  from  the  extreme  views 
as  to  the  imjjortance  of  maintaning  the  prerogative  right  to  pardon  or  to 
commute  sentences  which  are  held  by  the  Canadian  Government.  The  Provincial 
statute  provides  that  the  insi)ector  of  prisons  shall  make  rules  and  regulations 
for  the  management,  interior  economy  and  discipline  of  the  reformatory  and  for 
fixing  and  prescribing  the  duties  and  conduct  of  the  superintendent  and  every 
other  ofiicer  and  sei'vant  therein,  and  for  the  clothing,  maintenance,  education, 
employment,  industrial  instruction,  classification,  discipline,  corrective  punish- 
ment, reward  aiid  general  oversight  and  care  of  all  the  boys  sent  to  the  reforma- 
tory," The  sujjerintendent  has  the  entire  execution,  control  and  management  of 
all  its  affairs  otiier  than  those  under  the  control  and  management  of  the 
bursar,  subject  to  the  rules  and  regulations  made  by  the  inspector,  and  under  the 
inspector's  direction  the  Government  appoint  all  the  officers  and  servants.  The  in- 
spector may  suspend  any  of  them  summarily  for  cause.  All  other  provisions  for 
the  management  and  maintenance  of  the  institution  are  made  by  Provincial 
authority. 

The  Dominion  Parliament  has  exclusive  power  to  legislate  respecting  crime 
and  criminals.  The  Provincial  Legislature,  nevertheless,  passed  an  Act,  43  Vic, 
c.  34<,  providing  that  upon  complaint  and  due  proof  made  to  the  judge  of 
any  county  or  district  court  or  police  magistrate  by  any  parent  or  guar- 
dian of  any  boy  between  the  ages  of  ten  and  thirteen,  that  by  reason  of  in- 
corrigible or  vicious  conduct  such  boy  is  beyond  the  control  of  such  parent  or 
guardian,  the  judge  or  police  magistrate  may  order  him  to  be  confined  in  the  Re- 
formatory for  an  undefined  period,  not  exceeding  five  years,  and  the  28th  section 
provides  that  any  court,  judge,  or  police  magistrate  who  has  power  to  sentence  a  boy 
to  be  confined  in  the  Penitentiary  may  sentence  him  to  be  confined  for  an  unde- 
fined period  in  the  reformatory,  "  and  such  boy  shall  thereupon  be  detained 
until  he  be  reformed  or  otherwise  fit  to  be  apprenticed  or  bound  out  or  be 
probationally  or  permanently  discharged  as  hereinafter  provided.  Provided  that 
such  boy  shall  not  be  detained  for  a  longer  time  than  the  maximum  term  of 
confinement  for  which  he  might  have  been  sentenced  for  the  offence  of  which  he 
was  convicted  and  that  no  boy  shall  be  sentenced  under  this  section  who  cannot 
be  imprisoned  for  two  years  or  over." 

Probably  the  Legislature  regarded  this  as  an  educational  measure  and  there- 
fore within  their  competence.  It  was  evidently  the  intention  of  the  Legislature 
to  introduce  the  indeterminate  sentence  and  a  probation  system  with  regard  to 
such  boys.  The  five  years'  limitation  would  in  many  cases  render  the  working 
of  a  probation  system  difficult,  as  it  is  of  great  importance  that  boys  of  vicious 
tendencies  or  weak  character  should  be  under  surveillance  and  control  until  they 
have  become  men  or  have  given  evidence  of  thorough  reformation.  In  the  same 
year,  nerhaps  to  secure  uniformity  in  the  management  of  the  inmates  of  the 
Keformatory,  the  Dominion  Parliament  passed  an  Act  which  provides 
that  "  When  any  boy,  who  at  the  time  of  his  trial  appears  to  the 
-court  to  be  under  the  age  of  sixteen  years,  is  convicted  in  the  Province 
of  Ontario  of  any  offence  for  which  a  sentence  of  imprisonment  for  a 
period  of  three  months  or  longer,  but  less  than  five  years  may  be  imposed  upon 
an  adult  convicted  of  the  like  oftence,  and  the  court  before  which  he  is  brought 
is  satisfied  that  a  due  regard  for  the  material  and  moral  welfare  of  the  boy  re- 
quires  that   he   should   be  committed  to  the  Ontario  reformatory  for  boys,  then 


92 


such  court  may  sentence  the  boy  to  be  imprisoned  in  the  reformatory  for  such 
term  as  the  court  may  think  fit,  not  being  greater  than  the  term  of  imprisonment 
which  could  be  imposed  upon  an  adult  for  the  like  offence  and  may  further 
sentence  such  boy  to  be  kept  in  the  reformatory  for  an  indefinite  time  after 
the  expiration  of  such  fixed  term,  provided  that  the  whole  period  of  confinement 
in  the  said  reformatory  shall  not  exceed  five  years  from  the  commencement  of 
his  imprisonment.  Provided  also  that  in  every  case  where  the  term  of  imprison- 
ment for  the  offence  is  fixed  by  law  to  be  five  years  or  longer  such  imprisonment 
shall  be  in  the  Penitentiary."  This  Act  also  provides  that  when  a  boy  appar- 
ently under  sixteen  is  convicted  of  any  offence  punishable  by  law  on  summary 
conviction  and  thereupon  is  sentenced  and  committed  to  prison  in  any  common 
gaol  for  a  period  of  fourteen  days,  at  the  least,  any  judge  of  anv  one  of  the 
superior  courts  of  Ontario  or  any  judge  of  a  county  court  in  any  case  occurring 
within  his  county,  may  examine  and  enquire  into  the  circumstances  of  the  case 
and  conviction  .  .  and  may  as  an  additional  sentence  for  such  offence  sentence 
such  boy  to  be  sent  either  forthwith  or  at  the  expiration  of  his  imprisonment  in 
such  gaol  to  the  said  reformatory  .  .  for  an  indefinite  period  not  exceeding 
in  the  whole  five  years  from  the  commencement  of  his  impi'isonment  in  the 
common  gaol. 

This  does  not  throw  any  doubt  upon  the  competency  of  the  Provincial  Legis- 
lature to  legislate  with  regard  to  children  complained  of  as  incorrigible  and 
beyond  the  control  of  their  parents,  and  it  was  apparently  an  effort  to  help  in 
the  introduction  of  the  system  of  indeterminate  sentences.  But  in  the  section 
immediately  following  it  is  enacted  that  every  boy  sentenced  under  the  sections 
just  quoted  shall  be  detained  in  the  said  reformatory  until  the  expiration  (if  any) 
of  the  fixed  term  of  his  sentence  unless  sooner  discharged  by  lawful  authority,  and 
thereafter  "  shall,  subject  to  the  provisions  hereinafter  made  and  to  any  regulations 
made  under  section  ten  of  this  Act,  be  detained  in  the  reformatory  for  a  period 
not  to  exceed  five  years  from  the  commencement  of  his  imprisonment  for  the 
purpose  of  his  industrial  and  moral  education," 

Section  ten  provides  that  "  the  Governor-General-in-Council  may  make  such 
regulations  as  he  may  consider  advisable  for  the  discharge  after  the  expiration  of 
the  fixed  term  of  sentence  of  prisoners  confined  in  the  said  reformatory  under 
this  Act  or  any  other  Act  of  the  Parliament  of  Canada  :  and  such  discharge  may 
be  either  absolute  or  upon  probation  subject  to  such  conditions  as  may  be  im- 
posed under  the  authority  of  the  said  regulations." 

But  no  such  regulations  as  section  ten  provides  should  be  made,  and  an 
indeterminate  sentence  therefore  means  in  reality  a  sentence  absolute  for  five 
years  subject  to  the  exercise  of  the  prerogative  of  mercy.  It  is  not  surprising, 
therefore,  that  when  the  commissioners  visited  the  reformatory  there  were  only 
89  boys  in  tUe  school  under  indeterminate  sentence. 

The  31st  section  of  the  Piovincial  Act  provides  that  "  In  order  to 
encourage  good  behaviour  and  industry  among  the  boys  in  the  said  reform- 
atory, and  with  a  view  to  permitting  every  boy  to  earn  a  remission  of  a 
portion  of  the  term  for  which  he  was  sentenced  to  the  said  reformatory  it 
shall  be  lawful  for  the  inspector  to  make  rules  so  that  a  correct  record 
of  the  conduct  of  every  boy  may  be  made  under  the  mark  system."  The 
32nd  section  says  "Whenever  under  the  rules  in  that  behalf  a  boy  shall  have 
obtained  the  requisite  number  of  marks  based  upon  good  conduct,  proficiency  in 
school  and  industrious  habits,  and  shall  in  addition  thereto  have  given  satis- 
factory evidence  of  being  reformed,  it  shall  be  the  duty  of  the  superintendent  to 
transmit  to  the  inspector  a  certificate  to  that  effect,  and  also  the  separate  certifi- 
cates to  a  like   effect  or  with  such  variations   as  their  respective  opinions  maj" 


93 


render  necessary,  of  the  minister  or  other  person  who  has  given  religious  instruc- 
tion to  such  boy,  of  the  schoohuaster  .  .  and  of  the  trade  instructors,  if  any, 
whom  he  has  been  under."  The  inspector  may  make  further  enquiry.  If  satis- 
fied that  the  boy  has  earned  his  discharge  the  inspector  shall  transmit  the 
«ertiticates  to  the  Attorney-Gen'jral  of  the  Province  with  a  recommendation  that 
action  be  taken  to  have  the  remaining  portion  of  the  sentence  of  such  boy  remitted 
or  to  have  such  boy  discharged  on  probation  for  a  stated  j^eriod  ;  '•  Provided  tliat 
no  action  be  taken  under  this  section  in  respect  of  any  boy  who  has  not  been  at 
least  a  year  in  the  reformatoiy  :  Provided  also  that  the  judge  of  any  county 
court  or  any  police  magistrate  may  upon  satisfactory  proof  that  any  boy  who 
was  sentenced  under  the  provisions  of  an  Act  of  the  Legislature  of  Ontario  and 
who  has  been  discharged  on  probation,  has  violated  the  conditions  of  his  dia- 
chai  ge,  order  such  boy  to  be  recommitted  to  the  reformatory,  there  to  be  confined 
for  the  residue   of  the   term  for  which  he  was  originally  sentenced. 

No  attempt  has  been  made  to  put  this  part  of  the  Act  into  operation,  because 
the  only  way  in  which  a  boy,  whether  under  determinate  or  indeterminate  sen- 
tence, could  obtain  his  freedom  after  having  eai-ned  it  would  be  by  the  tedious 
and  troublesome  and  uncertain  process  of  making  application  to  the  Minister  of 
Justice  through  the  department  at  Toronto.  Is  this  the  case  in  respect  to  boys 
committed  under  Provincial  Act  ?  Such  applications,  although  made  on  the  recom- 
memlation  of  the  superintendent,  chaplain  and  trade  instructor  approved  of  by 
the  Inspector  of  Prisons,  are  usually  referred  to  the  judge  or  magistrate  by  whom 
the  boy  had  been  tried,  although  he  has  no  means  of  ascert'iining  whether  the  boy 
has  or  has  not  behaved  well  and  given  proofs  of  reformation.  It  has  hitppened 
more  than  once  that  a  boy  for  a  remission  of  a  part  of  whose  sentence^application 
was  duly  made  served  out  his  full  term  before  the  Mnistcr  of  Justice  arrived  at 
a  decision  in  his  case.  The  delays  and  disap}>oijattments  often  have  afmost  in- 
jurious effect  on  a  boy  who  has  striven  earnestly  to  deserve  a  commutation  of 
his  sentence. 

Without  such  regulations  as  the  tenth  section  provides  for  or  proper  authority 
of  law  obtained  in  some  other  way  the  adoption  of  the  probation  or  parole  system 
as  contemplated  by  the  Provincial  Act  is  iuipossible. 

The  o3rd  section  of  the  Provincial  Act  provides  that  "  In  case  any 
respectable  and  trustworthy  person  is  wil.ing  to  undertake  the  charo-e  of 
any  boy  committed  to  the  reformatory  wlmn  such  boy  is  over  the  age  of 
twelve  years,  as  an  apprentice  to  the  trade  or  calling  of  such  person,  or 
for  the  purpose  of  domestic  service,  and  such  boy  is  confined  in  the  reform- 
atory by  virtue  of  a  sentence  pronounced  under  the  authority  of  any 
statute  of  this  Province,  the  superintendent  may,  with  the  consent  and  in 
the  name  of  the  said  inspector,  bind  the  said  boy  to  such  person  for  any  term 
not  to  extend  beyond  a  period  of  five  years  from  the  commencement  of  his 
imprisonment  without  his  consent,  and  the  in  pector  shall  thereupon  order  that 
such  boy  shall  be  discharged  from  the  said  reformatory  and  he  shall  be  dis- 
ci larged  accordingly.  Provided  that  any  wages  reserved  in  any  indenture  of 
apj)renticeship  made  under  this  section  shall  be  payable  to  the  said  boy  or  to 
some  other  person  for  his  benefit." 

The  8th  section  of  the  Dominion  Act  of  1880  is  an  exact  transcript  of  this, 
except  that  instead  ol  the  words  "  under  the  authority  of  any  statute  of  this 
Pro vi  ice  "  t  le  vv  nd-i  "  under  the  authority  of  this  Act  or  any  Act  of  the  Parlia- 
ment of  Can  I  la"  are  used. 

But  the  9th  section  of  the  Dominijn  Act  says:  "  No  boy  shall  be  discharged 


94 


under  the  next  preceding  section  until  after  the  fixed  term  of  his  sentence  has 
elapsed  unless  by  the  authority  of  the  Governor-General."  The  exclusive  power 
oE  the  Governor- General  to  remit  or  commute  penalties  was  thus  asserted. 

The  provisions  of  the  Provincial  Statute  although  they  are  somewhat  defec- 
tive would,  if  put  into  operation,  enable  those  who  are  responsible  for  the  man- 
agement of  the  reformatory  to  produce  results  much  more  satisfaetoiy  than  can 
be  attained  under  the  present  system  or  want  of  s3'stem.  Until  the  regulations 
provided  for  in  section  ten  of  the  Dominion  Act  have  been  made,  the  introduc- 
tion of  any  system  under  which  the  boys  confined  in  the  penitentiary  can 
earn  their  release  upon  probation  or  otherwise  must  be  impossible.  These 
regulations  if  ever  made  should  give  the  fullest  and  largest  discretionary  powers 
to  those  to  whom  the  control  and  management  of  the  reformatory  may  be  entrusted 
by  the  Provincial  Government.  It  would,  perhaps,  lead  to  no  practical  incon- 
venience if  some  control  over  the  final  discharge  of  boys  sent  to  the  penitentiary 
were  retained  by  the  Dominion  Government  as  an  assertion  of  the  prei'ogative. 
But  the  establishment  without  restriction  of  what  is  known  in  England  as  the 
license  system  and  in  the  States  as  the  parole  system  as  provided  by  the 
31st  and  32iid  sections  of  the  Provincial  Statute  would  trench  no  more  upon 
the  prerogative  in  Ontario  than  it  does  in  Great  Britain,  and  to  insist  that 
no  boy  in  the  reformatory  shall  be  placed  out  as  an  appi-entice  until  the  fixed 
term  of  his  sentence  has  elapsed  unless  by  the  authority  of  the  Governor-General 
would  be  simply  ridiculous  were  it  not  that  so  much  harm  is  thus  done.  The 
best  means  of  inspiring  that  hope  of  freedom  which  seldom  fails  to  induce  the 
criminal,  young  or  old,  to  co-operate  with  those  who  labor  for  his  reformation  is 
deliberately  withheld  lest  the  pi-erogative  be  impaired  (jr  doubts  as  to  the  extent 
of  the  legislative  i)0\A^ers  of  the  Dominion  Parliament  be  strengthened. 

It  may  be  well  to  limit  the  period  of  confinement  in  the  reformatory  to  a 
maximum  of  five  years.  Under  a  proper  system  very  few  boys  would  be  kept  in 
confinement  for  half  that  length  of  time.  But  the  care  of  the  State  for  juvenile 
offenders  should  not  cease  either  when  they  are  placed  out  on  probation  or  dis- 
charged, the  term  of  their  sentence  having  expired.  Under  the  Massachusetts 
system  a  boy  having  committed  an  offence  for  which  he  may  be  sent  to  a  reform- 
atory becomes  a  ward  of  the  State  and  remains  subject  to  the  authority  and 
under  the  supervision  f>f  the  State  Board  of  Charities  and  Corrections  during  his 
minority. 

Until  full  power  to  license  deserving  boys  or  place  them  out  on  probation  be 
vested  in  a  local  authority  the  reformatory  cannot  do  all  the  good  it  ought  to  do. 
This  was  stnmijly  represented  by  the  superintendent  in  his  report  for  the  year 
1882,  but  his  representations  were  disregarded.  To  the  question  "  Do  you  think 
that  this  institution  can  ever  be  made  an  effective  reformatory  under  the  present 
system  ?  "  put  by  the  commissioners,  the  superintendent  answered,  "  No,  never  : 
it  is  handicapped  day  by  day." 

The  description  of  a  reformatory  school  in  Montreal  given  by  the  inspector  of 
prisons  and  asylums  in  the  Province  of  Quebec  at  the  convention  of  the  National 
Prison  Association  if  correct,  affords  a  striking  contrast  to  that  of  our  reformatory 
in  many  respects.  He  stated  that  a  special  statute  applicable  to  the  Province  of 
Quebec  authorizes  the  judiciary  to  commit  boys  apparently  under  16  years  to  re- 
formatories for  a  term  not  less  than  two  years  nor  more  than  ten  years.  The 
judges  have  no  discretionary  power  to  make  the  sentence  less  than  two  years. 
The  pardoning  power  is  vested  in  the  Lieutenant-Governor-in-Council  and  is 
often  exercised  in  favor  of  the  boys  who  behave  well.  The  directors  are  also  au- 
thorized to  apprentice  or  hire  out  as  domestic  servants,  boys  or  girls,  and  the 
time  they  serve  is    counted  as  part  of  their  sentences,  but    they  always  remain. 


95 


Subject  to  the  supervision  of  the  reformatory  officials.  *  *  There  are  sevea 
reformatories  in  the  Province  of  Quebec."  Various  trades  are  taught.  The  in- 
spector thinks  that  every  boy  should  be  compelled  to  learn  some  traSe  during  the 
two  years  he  is  in  a  reformatory.  In  the  Montreal  reformatory,  which  is  ulider 
the  management  of  a  religious  body,  knowai  as  Brothers  of  Charity,  who  receive 
the  entire  care  and  control  of  the  boys  committed  to  their  school  under  strict  in- 
spection and  supervision  of  the  Government  inspector,  "  thirteen  trades  are  now 
taught,  viz.,  shoemaking,  tailoring,  printing,  carpentering  and  joining,  upholster- 
ing, blacksmithing,  baking,  carriage  and  sleigh-making,  gardening  and  farming  ; 
and  in  fact  every  boy  strong  enough  to  work  is  compelled  to  learn  "a  trade.  Those 
trades  are  taught  to  the  boys  in  fully  equipped  shops  attached  to  the  reformatory. 
In  addition  every  working  boy  is  compelled  to  attend  school  one  hour  every  day 
and  chapel  morning  and  evening.  The  boys  who  are  too  young.or  who  are  physi- 
cally unable  to  work,  attend  school  six  hours  a  day.  They  have  two  and  a  half 
hours  for  recreation.  One  fourth  of  each  boy's  earnings  are  set  apart  and  given 
to  him  when  his  sentence  expires  and  this  enables  him  to  start  in  life.  The 
Brothers  pay  their  passage  home  and  give  them  clothes  when  leaving.  A  careful 
record  of  each  boy's  conduct  is  kept  and  they  all  know  that  if  they  deserve  good 
conduct  marks  they  will  be  credited  with  them  and  thus  get  their  sentences  re- 
duced. A  good  number  of  boys  are  pardoned  each  year  on  the  recommendation 
of  the  Superior.  The  average  number  is  about  25.  As  many  as  50  were  pardoned 
one  year.  The  Brothers  endeavor  to  keep  track  of  all  the  boys  who  leave  the  re- 
formatory to  see  how  they  behave  when  free,  and  the  results  have  been  most 
gratifying  as  far  as  their  information  goes.  Not  more  than  eight  per  cent- 
relapse  into  vice.  I  consider  this  reformatory  has  been  a  success  and  it  will  com- 
pare favorably  with  any  other  on  this  continent.  Although  the  premises  are  not 
enclosed  with  the  usual  prison  walls  there  are  but  few  attempts  at  escape,  and 
onl}'  one  successful  in  six  years.  The  discipline  is  strictly  maintained  but  it  i& 
not  severe,  and  the  diet  is  sufficient  both  in  quality  and  quantity.  The  building- 
is  pleasantly  situated  amidst  trees  and  flower  gardens  and  the  Brothers  have 
made  the  interior,  particularly  the  dormitories  and  refectories,  bright  and  cheer- 
ful." Some  effort  was  made  to  have  this  reformatory  removed  from  the  neigh- 
borhood of  the  city  and  placed  where  nearly  all  the  boys  could  be  employed  in 
farming,  but  this  proposal  did  not  receive  much  support.  The  inspector  thinks 
it  is  better  where  it  is  as  many  boys  do  not  like  farming,  and  would  not  succeed 
as  farmers. 

In  this  school  there  are  about  250  boj^s  on  the  average.  At  Penetanguishene 
the  average  is  over  200.  The  difference  of  the  results  from  an  industrial  point  of 
view  is  very  great.  The  skill  and  training  of  the  religious  in  charge,  their 
conscientious  devotion  to  duty  and  their  system  under  which  the  brothers  mix 
constantly  and  everywhere  with  the  boys,  who  admire  their  disinterestedness  and 
devotion  are  credited  with  a  large  share  of  tlie  success  of  the  Montreal  schooL 
Much  may  be  due  also  to  its  position  in  which  it  has  a  great  advantage  over  the 
Ontario  school ;  but  much  is  unquestionably  due  to  the  adoption  of  the  system  of 
management,  which  it  has  been  found  impossible  to  adopt  in  Ontario,  owing  to 
the.  state  of  the  law.  Why,  the  marks  system,  and  the  earning  of  a  remission  of 
sentence  under  that  system,  and  the  licensing  out  and  probation  system  by  the 
local  authorities  or  by  those  managing  a  reformatory  are  permitted  in  Quebec, 
and  are  positively  pi'ohibited  in  Ontario  by  section  9,  cap,  39  of  the  Statutes  of 
Canada  of  the  year  1880,  the  Commissioners  cannot  attempt  to  explain.  They 
however  unhesitatingly  state  that  until  the  most  ample  powers,  in  these  respects- 
are  conferred  on  the  Provincial  authorities,  this  institution  ivill  fail  to  accom- 
plish the  objects  for  tuhich  it  tvas  designed. 


96 


Ontario  Industbial  Refit^je  for  Girls. 

This  institution,  which  the  commissioners  visited  and  carefully  inspected,  ap- 
pears to  have  thus  far  worked  very  satisfactorily.  The  number  of  inmates  oa 
October  1st,  1889,  was  49.  During  the  year  19  were  admitted,  one  was  returned 
from  apprenticeship,  13  were  discharged  on  expiration  of  sentence,,  one  was  dis- 
charged by  order  of  the  Governor-General,  twelve  were  apprenticed  and  43  re- 
mained in  the  Refuge  at  the  close  of  the  year  Of  the  19  committed  during  the 
year  one  was  only  4  years  old,  two  were  8,  two  were  9,  three  were  10,  two  11, 
three  12,  two  13,  one  14,  one  15,  one  16,  and  one  17  years  of  age.  Of  the  19 
twelve  were  committed  merely  because  they  were  destitute  and  without  a  home. 
Four  were  convicted  of  larceny,  one  of  arson,  one  of  frequenting  and  one  as  *" 
incorrigible. 

The  sentences  varied  from  six  months  to  six  years.  Nine  were  committed 
for  five  years,  one  for  six,  one  for  four,  one  for  three  years  and  six  montlis, 
one  for  two  years,  one  for  twenty-three  months  and  one  for  twelve  months.  The 
matron,  Mrs.  O'Keilly,  says  "Most  of  the  girls  admitted  are  happily  too  young  to 
know  much  of  the  wickedness  of  the  world,  or  at  least  to  have  formed  habits  of 
sin.  This  being  the  case,  I  feel  confident  from  past  experience  that  tlie  judicious 
training  they  receive  will  bear  good  fruit.  Since  the  opening  of  the  Refuge,  nine 
years  ago,  141  girls  have  been  under  discipline  and  instruction.  Of  these  114 
^vrere  sentenced  direct  to  the  Refuge  and  27  were  transferred  from  the  reforma- 
tory. These  "  transfers  "  were  girls  under  18  years  of  age  committed  for  a  first 
offence.  Fearing  that  association  with  other  criminals  would  be  injurious  to  them, 
'with  your  (the  inspectors)  permission  we  transferred  them  to  the  Refuge.  The 
result  has  been  most  satisfactory  as  during  those  nine  years  only  three  transfers 
have  been  recommitted.  Of  the  114  girls  committed  direct  to  the  Eefuge  only  six 
have  proved  unsatisfactory,  *  *  A  fact  I  ought  to  mention  in  respect  to  these 
ifailures  is  that  each  girl  on  her  discharge  went  to  her  relatives,  we  having  ne 
authority  to  retain  her  after  the  expiration  of  her  sentence.  These  relatives  unfor- 
tunately were  iu  almost  all  cases  idle  and  dissolute  people." 

Niliety-eight  girls  have  been  discharged  since  the  opening  of  the  Industrial 
Refuge.     We  have    been  in  correspondence  with    some  of  those  girls  during  the 
past  six  years.     Four  of  them  are  respectably  married,  three  of  them  are  holding 
positions  of  trust,  and  all  of  them  save  the  nine  failures,  are,  as  far  as  can  be  as- 
certained, leading    honest  and    upright  lives."     A  great  share  of  the  success,  the 
matron  says,  is  due  to  the   peculiar  adaptability  of  Miss  Elliott,  the  lady  immedi- 
ately   in  charge  for  teaching  and  training  the  girls.     The  surgeon  says    "There 
are  several  cases  in  which  there   appears  to  be  a  dwarfed    intellect,  which  will  to 
all  appearances  render    the  unfortunate  possessors  incapable  of    ever  being    self 
dependent  or    capable  of  fully    taking  care  of  themselves.     *     *     On  the  other 
"hand,  it  is  gratifying  to  find  some  who  came  into  the  Refuge  feeble  of  botii  mind 
an  1  bodv,  ignorant  of  all  that  tends  to  improve  mind  and  body,  developing  int» 
ruf^Tje  1.  rosy -checked    girls,  industrious  in  habit,  glowing  in  intelligence,  happy 
ani  «;oiteiit;d  in    disposition,  and   fully  amenable  to  the  easy  discipline  of  their 
new  h  une."     Miss  E  liott  in  her  evidence  before  the  commission  said  that  some  of 
the  girls  go  to  t'le  reform  itory  to  work  in  the  officers'  quarters  and  dining  room, 
and    to    do  household    vvork,    and    kitchen    work.     These    rise    at    20    minutes 
pa-it  6  o'cltck.     The  others  rise  an  10  minutes  to  seven.     At  7.30  each  girl  is  de- 
iaile  1  to  work,  which  is  S'>  arranged  that  each  goes  over  the  whole  course,  except 
the  young  children  who  d  >  no  work.     At  2  )  minu«^es  ti  0  the  children  are   sent 
for   prayer,  thi    Prot^>;fant  c'litdren  with    Miss    RHi  .tr,.  the    Cdtholics  with   Mrs. 
O'Reilly.     After  catechism  iustructicn    and  pr.iyer  the   children  go   to  school  and 


97 


are  there  until  twelve,  ten  or  twelve  minutes  recreation  being  allowed  at  10.30 
At  twelve  they  are  dismissed  for  dinner  and  afterwards  they  have  recreation  un- 
til 20  minutes  to  2  o'clock,  when  they  go  to  school  again  and  remain  until  three. 
They  then  go  to  the  sewing-room  for  sewing,  knitting,  repaning  clothes  and  the 
like.  They  have  from  5.30  to  7  o'clock,  for  recreation  and  study.  On  Saturday 
laundry  work  and  the  bathing  of  the  children  are  attended  to.  The  work  is  o-iven 
in  rotation  so  as  to  make  the  girls  good  servants.  Those  who  oo  out  are  able 
to  n  ake  themselves  useful.  I  have  traced  some  75  per  cent,  of  them  who  are 
doing  well.  Last  year  we  could  trace  90  per  cent,  who  have  not  relapsed 
into  vice  and  crime.  I  have  since  heard  that  one  has  not  done  well  thouo-h  she 
had  done  very  well  for  some  years  after  she  left  us.  In  nearly  50  per  c'ent.  of 
the  cases  that  come  to  us  the  children  have  bad  parents.  The  others  are 
neglected  children,  and  children  whose  parents  or  guardians  con)plain  that  they 
cannot  control  them.  We  receive  trom  country  places  several  whom  we  can 
hardly  call  idiots,  but  who  are  dull  and  incapable  of  becoming  useful  mem- 
bers of  society — who  are  weak-minded  and  vicious-minded.  Such  girls,  if  Cathol- 
ics, are  taken  in  charge  at  the  Convent  of  the  Good  Shepherd.  We  never  could 
solve  the  question  what  should  be  done  with  Protestants  of  this  class,  who  have 
no  home  to  go  to  when  their  term  of  imprisonment  ha';  expired,  until  we  had  the 
Salvation  Army,  We  have  sent  two  to  the  Haven  and  the  Salvation  Army 
Home.  Those  who  relapsed  into  crime  were  generally  of  this  class.  I  am  sure 
that  the  nine  who  the  report  states  failed  to  turn  out  well  during  the  nine  years 
the  Refuge  has  been  in  existence  would  not  have  failed  if  they  had  been  protected 
after  leaving  the  Refuge.  We  give  the  girls  of  this  class  instruction,  but  I  am  not 
sure  that  it  does  them  much  good.  We  do  all  we  can  for  them.  I  do  not  think 
that  any  family  would  care  about  taking  such  a  burden.  Nothing  but  wrong 
can  come  of  sending  them  out  into  the  world.  75  per  cent,  of  all  the  children  are 
in  a  state  of  the  most  abject  ignorance  when  sent  to  the  Refuge."  Of  the  19  crirls 
received  last  year  Miss  Elliott  regarded  only  one  or  two  as  very  bad.  Several  of 
the  girls  have  very  bad  tempers.  Those  who  act  badl}^  are  not  allowed  to  take 
recreation  with  the  others  and  are  deprived  of  other  privileges.  Miss  Elliott 
visited  similar  institutions  in  the  United  States,  and  she  thinks  the  results  of  the 
work  at  the  Refuge  compare  favorably  with  those  of  any  of  the  others,although 
the  conditions  are  different,  In  the  institutions  of  the  United  States  girls  and 
young  women  are  committed  to  the  care  of  a  state  board  or  of  the  managers  of 
the  institution,  until  they  reach  the  age  of  twenty-one,  and  they  are  watched  over 
and  cared  for  after  they  leave  the  institution  to  take  places  in  families.  The 
discipline  in  the  Refuge  is  not  so  strict  as  in  some  of  the  American  institutions, 
the  object  being  to  bring  them  upas  if  they  were  altogether  at  home.  The  doors 
of  the  oiBces  and  rooms  and  the  front  door  of  the  Refuge  are  not  locked  during  the 
day  and  the  girls  who  can  be  relied  upon  are  frequently  sent  out  on  errands.  One 
great  difficulty  in  providing  for  the  future  of  the  girls  is  that  "they  are  never  sat- 
i>fied  to  go  into  the  country.  It  is  difficult  to  get  their  thoughts  turned  away 
from  the  city." 

A  great  obstacle  to  the  success  of  the  Refuge  is  that  it  is  placed  within  the 
walls  which  also  enclose  the  reformatory  for  women.  The  girls  cannot  be  kept 
in  ignorance  of  the  character  of  the  women  whom  they  see  several  times  ever v 
day  from  their  play  grounds,  and  with  whom  several  of  the  larger  girls  are 
brought  in  contact  every  day  in  the  kitchen  and  elsewhere.  All  this  must  keeji 
thoughts  of  evil  influence  constantly  in  the  minds  of  the  girls,  and  have  a  most 
injurious  moral  effect,  although  Mi.ss  Elliott  says  that  it  does  not  work  as  much 
harm  as  she  at  one  time  feared  it  must  In  the  opinion  of  those  outside  with 
whom  the  girls  must  mingle  when  they  leave  the  Refuge,  and  those  from  whom 
7  (P.O.) 


98 


they  must  seek  employment,  little  or  no  distinction  is  made  between  the  Kefuge 
and  the  Reformatory,  and  the  bad  repute  of  the  depraved  and  criminal  inmates  of 
the  reformator}^  must  cast  a  dark  shadow  on  the  future  of  girls  who  are  known  to 
have  lived   for  years  within  the  same  enclosure. 

Ontario   Industrial  Schools. 

Industrial  schools  are  regarded  in  Ontario  as  a  part  of  its  school  system. 
The  Act  of  1884  (47  Vic.  c,  46),  provides  that  they  may  be  established 
by  "the  public  school  board  of  trustees  for  any  city  or  town,  or  the 
separate  school  trustees  therein,"  or  by  any  philanthropic  society  or  societies 
incorporated  under  the  Act  respecting  bonevolent,  provident  and  other 
societies,  or  any  other  Act  in  force  in  this  Province,  to  whom  any  board  of  school 
trustees  may  "  delegate  the  powers,  rights  and  privileges  conferred  on  such  board" 
by  the  Act.  The  schools  ma}^  therefore  be  what  are  usually  called  denominational 
When  a  school  board  delegates  its  powers,  the  chairman  and  secretary  of  that  board 
and  the  inspector  mu-^t  be  members  of  the  boarl  of  management  of  the  society  to 
which  the  powers  are  delegated,  when  acting  under  the  powers  so  delegated.  The 
Act  says  "A  school  in  which  industrial  training  is  provided,  and  in  which  children 
are  lodged,  clothed  and  fed  as  well  as  taught,  shall  exclusively  be  deemed  an  in- 
dustrial school  within  the  meaning  of  this  Act." 

The  school  board  or  the  society  must  provide  buildings  and  grounds  which 
upon  report  of  the  inspector,  the  Minister  of  Education  may  certify  to  be  "fit  and 
proper  for  the  reception  of  children"  and  the  school  shall  thereupon  be  deemed  a 
certified  industrial  school  for  the  purposes  of  this  Act.  The  board  or  society  may 
make  by-laws,  subject  to  the  approval  of  the  Lieutenant-Governor  in  Council. 
The  school  board  b}^  which  a  school  has  been  established  or  powers  have  been 
delegated  shall  provide  the  teachers,  from  whom  the  general  superintendent 
shall,  when  practicable,  be  selected. 

Any  person  may,  at  a  special  sitting,  bring  before  the  police  magistrate  or 
before  the  judge  of  the  county  court,  and,  except  in  cities  where  there  is  a  police 
magistrate,  before  any  justice  of  the  peace,  any  child  apparently  under  the  age  of 
fourteen  years,  who  comes  within  any  of  the  following  descriptions,  namely: — 

1.  Who  is  found  begging  or  receiving  alms,  or  being  in  any  street  or  public 
place  for  the  purposes  of  begging  or  receiving  alms  ; 

2.  Who  is  found  wandering  or  not  having  any  home  or  settled  place  of  ahode 
or  proper  guardianship,  or  not  having  any  lawful  occupation  or  business,  or  visible 
means  <  'f  subsistence ; 

3.  Who  is  found  destitute,  either  being  an  orphan  or  having  a  survivino- 
parent  who  is  undergoing  penal  servitude  or  imprisonment ; 

4.  Whose  parent,  step-parent  or  guardian  represents  to  the  judge  or  mac'is- 
trate  that  he  is  unable  to  control  the  child,  and  that  he  desires  the  child  to  be 
sent  to  an  industrial  school  under  this  Act ; 

5.  Who  by  reason  of  the  neglect,  drunkenness  or  other  vices  of  the  parents 
is  suffered  to  be  growing  up  without  salutary  parental  control  and  education,  or 
in  circumstances  exposing  him  to  lead  an  idle  ^nd  dissolute  life  ; 

6.  Who  has  been  found  guilty  of  petty  crime,  and  who,  in  the  opinion  of  the 
judge  or  magistrate  before  whom  he  has  been  convicted,  should  be  sent  to  an 
industrial  school  instead  of  to  a  gaol  or  reformatory. 

The  charge  having  been  sustained  by  evidence  taken  in  presence  of  the  child 
the  judge  or  magistrate  may  order  him  to  be  sent  to  a  certified  industrial  school' 
specifying  in  his  written  order  the  naiue  of  the  child,  the  school  to  which  he  ig 


99 


to  be  sent  and  the  time  for  which  he  is  to  be  detained ;  and  if  an  industrial  school 
has  been  established  by  the  Catholic  separate  school  trustees  in  an}'  city,  the  judo-e 
or  magistrate  shall  endeavour  to  ascertain  the  religions  persuasion  to  which  the 
child  belongs,  and  shall,  as  far  as  practicable,  send  Roman  Catholic  children  to 
the  Roman  Catholic  industrial  school  and  "other  children  to  the  other  industrial 
school."  If  a  mistake  be  made  in  this  respect  the  Minister  of  Education  shall,  on 
application  of  parent,  guardian  or  nearest  adult  relative,  order  tliat  the  child  shall 
be  transferred  to  the  school  to  which  he  should  have  been  s?nt  at  first.  The 
school  corporation  or  philanthropic  society  having  control  of  an  industrial  school 
may  admit  any  children  of  proper  age  committed  to  it  by  a  judge  or  maoistrate,and 
shall  have  the  power  to  place  such  children  at  such  employments  and^'cause  them 
to  be  instructed  in  such  branches  of  useful  knowledge  as  are  suitable  to  their 
years  and  capacities. 

A  minister  of  the  religious  persuasion  to  which  such  child  appears  to  belono- 
may  visit  the  child  at  the  school  on  such  days  and  at  such  times  as  may  be  fixed 
by  the  regulations  of  the  Education  Department  in  that  behalf  for  the  purpose  of 
instruction  in  religion. 

The  school  corporation  or  the  society  may  permit  a  child  sent  to  their  school 
to  live  at  the  dwelling  of  any  trustworthy  and  respectable  person,  provided  that 
a  report  is  made  forthwith  to  the  Minister  of  Education  in  such  manner  as  he 
thinks  fit  to  require. 

Any  permission  for  this  purpose  may  be  revoked  at  any  time  by  the  school 
corporation  or  the  society,  and  thereupon  the  child  shall  be  required  to  return  to 
the  school. 

The  time  of  the  child's  absence  under  permission  shall  be  deemed  part  of  the 
time  of  his  detention,  except  when  the  permission  is  withdrawn  on  account  of  the 
child's  misconduct.  When  the  time  allowed  by  the  permission  has  expired,  the 
child  shall  be  taken  back  to  the  school.  A  child  escaping  from  the  person  with 
whom  he  is  placed  shall  be  dealt  with  as  if  he  had  escaped  from  ^,cholJl ;  that  is 
he  may  be  arrested  without  warrant,  taken  back  to  the  school  and  be  there 
detained  during  a  period  equal  to  so  muc^'  of  his  period  of  detention  as  remained 
unexpired  at  the  time  of  his  escape. 

The  Minister  of  Education  may  at  any  time  order  any  child  to  be  discharo-ed 
from  an  industrial  school. 

No  child  shall  be  discharged  upon  application  to  a  judge  because  of  any 
irregularity  in  the  proceedings  if  it  appear  from  the  depositions  that  the  child 
was  liable  to  be  committed  to  the  school,  and  if  the  court  or  judge  shall  deem  it 
for  the  benefit  of  the  child  that  it  should  remain  in  the  school. 

The  school  corporation  or  society  in  charge  of  such  school  shall  have  all  the 
powers  conferred  upon  charitable  societies  by  sections  2  and  6  of  the  Act  respect- 
ing apprentices  and  minors,  and  may  make  rules  not  inconsistent  with  the  pro- 
visions of  this  Act,  for  the  management  and  discipline  of  the  school  ;  but  these 
shall  not  be  enforced  until  they  have  been  approved  of  by  the  Education  Depart- 
ment. 

A  judge  of  the  Division  Court  may,  on  due  application,  examine  into  the 
ability  of  the  parent,  step-parent  or  guardian  of  a  child  to  contribute  to  the  suj)- 
port  of  a  child  committed  to  an  industrial  school,  and  after  he  has  heard  evidence 
may,  if  he  think  fit,  order  that  the  parent  or  guardian  pay  such  weekly  sum  not 
exceeding  $1.50  per  week  as  to  the  judge  seems  reasonable,  during  the  whole  or 
any  ])art  of  the  time  during  which  the  child  is  liable  to  be  detained  in  the  school 
The  judge  may  vary  this  order  from  time  to  time  as  circumstances  may  require. 

The  Act  requires  that  the  county,  citj^  or  incorporated  town  in  which  the 
child  last  resided  for  a  period  of  one  year  shall  pay  the  expense  of  the  mainte- 


100 


nance  of  the  child  if  such  city  or  town  is  not  that  in  which  tlie  industrial  school  is 
situate.  The  city  or  town  in  which  an  industrial  school  is  situate  was  required 
to  pay  a  sum  of  not  less  than  SI. 50  per  week  towards  the  maintenance  of  each 
child  that  had  resided  in  it  for  one  year  last  preceding  its  admission,  and  whose 
maintenance  was  not  otherwise  fully  provided  for.  An  amendment  of  the  Act 
increased  the  minimum'  to  be  paid  by  municipalities  to  S2  per  week. 

If  a  child  while  liable  to  be  detained  in  a  certified  industrial  school  escape  he 
may  at  any  time  before  the  expiration  of  his  period  of  detention  be  apprehended 
without  a  warrant  and  brought  back  to  the  same  school,  there  to  be  detained 
durincr  a  period  equal  to  so  much  of  his  period  of  detention  as  remained  unex- 
pired at  the  time  of  his  escape. 

In  case  any  money  is  granted  in  aid  of  industrial  schools  by  the  Legislature, 
it  shall  be  the  duty  of  the  Minister  of  Education  to  apportion  it  according  to  the 
average  number  of  pupils  in  each  school  during  the  preceding  year. 

The  29th  section  provides  that  "  Whenever  it  is  satisfactorily  proved  that 
the  parents  of  any  child  committed  under  the  provisions  of  this  Act  have  re- 
formed and  are  leading  orderly  and  industrious  lives  and  are  in  a  condition  to 
exercise  salutary  parental  control  over  their  children  and  to  provide  them  with 
proper  education  and  employment ;  or  whenever,  such  parents  being  dead,  any 
person  offers  to  make  suitable  provision  for  the  care,  nurture  and  education  of 
such  child  as  will  conduce  to  the  public  welfare  and  will  give  satisfactory  security 
for  the  performance  of  the  same,  then  the  board  of  school  trustees  or  philan- 
thropic society  may  discharge  such  child  to  the  parents  or  to  the  party  making 
provision  for  the  care  of  the  child  aforesaid." 

By  the  provisions  of  this  Act  great  progress  has  been  made  towards  a 
thorouo-h  svstem  of  dealing  with  destitute  and  neglected  children  and  those  who 
have  committed  petty  ofiences.  The  facilities  afforded  for  placing  all  such 
children  in  the  industrial  schools  are  ample.  The  powers  given  to  the  boards  or 
societies  managing  such  schools,  although  not  all  that  are  necessary,  are  extensive. 
They  may  make  by-laws  subject  to  the  approval  of  the  Lieutenant-Governor  in 
Council  and  rules  and  regulations  which  when  approved  of  by  the  Minister  of 
Education  have  force  of  law.  They  may  place  children  out  on  license 
or  probation  and  recall  them  when  such  action  seems  necessary.  They  may 
return  children  to  their  parents  when  they  think  proper  or,  the  parents  being 
dead,  place  them  with  other  persons  giving  satisfactory  security  and  in  so  doing 
discharge  them  from  the  custody  of  the  board  or  society.  The  Minister  of  Edu- 
cation may,  by  his  own  authority,  order  the  discharge  of  any  child  at  any  time. 
What  is  absolutely  prohibited  in  the  case  of  children  sent  to  the  reformatory 
seems  to  be  regarded  as  unobjectionable  wlien  done  in  the  name  of  education. 

The  .system  created  by  this  Act  is,  however,  defective  in  some  important 
respects.  It  makes  no  provision  for  the  reformation  or  preservation  of  children 
in  their  own  homes  as  is  done  under  the  probation  system  of  Massachusetts  ;  no 
provision  for  placing  in  any  other  home,  unless  through  the  industrial  school,  the 
•children  of  vicious  parents  or  those  who  are  destitute.  The  rights  of  parents 
should  be  held  sacred  until  they  have  been  forfeited  by  gross,  wilful  neglect 
or  by  such  continued  gross  misconduct  as  must  work  the  ruin  of  their  children. 
But  in  many  cases  the  only  means  of  saving  the  child  is  its  immediate  and 
complete  removal  from  parental  control  andparental  influence.  Even  after  the 
period  of  detention — if,  indeed,  there  should  be  any  period  of  detention  other 
than  the  child's  minority  in  such  cases — children  should  not  be  allowed  to  return 
to  parents  who  continue  to  lead  vicious  and  criminal  lives.  The  English  official 
reports  say  that  a  great  proportion  of  the  recidivists  in  the  reformatories  are  boys 
and  girls  who  on  the  expiration  of  their  terms  returned  to   home*  where  the   in- 


101 


fluences  were  bad,  and  Miss  Elliott  stated  that  the  nine  girls  who  proved 
"  failures  "  after  their  discharge  from  the  Mercer  refuge  failed  because  the  in- 
fluence of  the  homes  to  which  they  returned  proved  evil. 

Absolute  discharge  is  objectionable  in  any  case  in  which  the  boy  or  girl  may 
be  benefited  by  the  surveillance  and  protection  of  the  school  authorities. 

An  Act  passed  by  the  Ontario  Legislature  last  year  provides  that  "  No  boy 
shall  be  received  for  confinement  in  the  Ontario  Reformatory  for  Boys  who 
appears  to  the  superintendent  of  the  reformatory  to  be  under  the  age  of  thirteen 
years,  and  that  corresponding  amendments  be  made  in  the  Act  respecting  the 
reformatory.  It  is  well  that  boys  of  tender  age  should  be  kept  out  of  the 
reformatory  if  possible,  but  it  would  be  a  great  mistake  to  suppose  that  boys  can 
always  with  advantage  or  with  safety  be  classed  according  to  age.  All  the  evi- 
dence taken  on  this  point  agrees  that  boys  of  eight  or  nine  have,  in  many  cases, 
received  a  thorough  training  in  vice  and  are  thoroughly  depraved.  It  is 
well  to  know,  therefore,  that  a  judge  of  the  county  court  or  a  police  magistrate 
on  complaint  of  the  officer  in  charge  of  an  industrial  school  may  send  an  inmate 
of  such  school  to  the  reformatory  if  satisfied  that  "  by  reason  of  incorrigible  or 
vicious  conduct  or  escape  or  habits  of  escape  and  with  reference  to  the  general 
discipline  of  the  school  he  is  beyond  the  control"  of  such  officer.  If  this  section  does 
not  apply  to  boys  under  thirteen  the  law  should  be  amended  in  that  direction. 

The  Ontario  statute  further  provides  that  "  Where  under  the  authority 
of  any  statute  of  the  Province  or  of  any  other  statute  or  law  in  force 
in  the  Province  and  relating  to  matters  within  the  legislative  authority  of  the 
Legislature  of  the  Province  any  offender  is  convicted,  whether  summarily  or 
otherwise,  of  any  offence  punishable  by  imprisonment  by  any  judge,  stipendiary 
or  police  magistrate,  or  justice  of  the  peace  who,  at  the  time  of  the  trial,  is  of  the 
opinion  that  such  offender  does  not  exceed  the  age  of  thirteen  years,  such  judge, 
magistrate  or  justice  may  order  such  offender  to  be  sent  to  a  certified  industrial 
school  subject  to  the  provisions  of  the  Industrial  Schools  Act,  and  that  such 
offender  shall  thereupon  be  detained  in  such  industrial  school  until  he  be  reformed 
or  otherwise  fit  to  be  apprenticed  or  bound  out  or  be  probationally  or  per- 
manently discharged  under  the  provisions  of  the  Industrial  Schools  Act,  and  such 
detention  shall  be  substituted  in  such  case  for  the  imprisonment  in  the  peni- 
tentiary or  reformatory  or  such  place  of  confinement  b}^  which  the  offender  would 
otherwise  be  punishable  under  any  such  statute  or  law  relating  thereto  as  afore- 
said ;  provided  that  in  no  case  shall  the  offender  be  detained  beyond  the  age  of 
17  years." 

These  sections  extend  the  scope  of  the  Industrial  Schools  Act  so  that  even 
children  who  commit  serious  offences,  if  they  are  under  13  years  of  age,  may  be 
sent  to  industrial  schools,  and  they  seem  to  provide  for  the  system  of  indetermin- 
ate sentences  to  some  extent.  An  Act  passed  by  the  Dominion  Parliament  last 
session  provides  that  children  under  13  years  of  age  now  in  the  reformatory  or 
in  any  gaol  of  the  Province  may  be  removed  to  certified  industrial  schools,  and 
that  boys  under  thirteen  years  of  age  who  are  convicted  of  any  offence  punish- 
able by  imprisonment  under  the  laws  of  Canada  may  be  sent  to  such  an  indus- 
trial school.  Parliament,  however,  adheres  to  the  old  system  of  fixing  the  term 
of  imprisonment  at  "  not  exceeding  five  years  nor  less  than  two."  The  Dominion 
Act  says : — 

32.  The  Governor-General,  by  warrant  under  his  hand,  may  at  any  time  in 
his  discretion  (the  consent  of  the  Provincial  Secretary  of  Ontario  having  been 
first  obtained)  cause  ariy  boy  who  is  imprisoned  in  a  reformatory  or  gaol  in  that 
province,  under  sentence  for  an  offence  against  a  law  of  Canada,  and  who  is. 
certified  by  the  court,  judge  or  magistrate  by  whom  he  was  tried  to  have  been,  in 


102 


the  opinion  of  such  court,  judge  or  magistrate,  at  the  time  of  his  trial  of  or  under 
the  age  of  thirteen  years,  to  be  transferred  for  the  remainder  of  his  term  of  im- 
prisonment to  a  certified  industrial  school  in  the  province. 

33.  Where  under  any  law  of  Canada  any  boy  is  convicted  in  Ontario, 
whether  summarily  or  otherwise,  of  any  offence  punishable  by  imprisonment,  and 
the  court,  judge,  stipendiary  or  police  magistrate  by  whom  he  is  so  convicted  is 
of  opinion  that  such  boy  does  not  exceed  the  age  of  thirteen  years,  such  court, 
judge  or  magistrate  may  sentence  such  boy  to  imprisonment  in  a  certified  indus- 
trial school  for  any  term  not  exceeding  five  years  and  not  less  than  two  years: 
Provided  that  no  boy  shall  be  sentenced  to  any  such  school  unless  public  notice 
has  been  given  in  the  Ontario  Gazette  and  has  not  been  countermanded,  that 
such  school  is  ready  to  receive  and  maintain  boys  sentenced  under  laws  of  the 
Dominion :  Provided,  also,  that  no  such  boy  shall  be  detained  in  any  certified 
industrial  school  beyond  the  age  of  seventeen  years. 


THE  INDUSTRIAL  SCHOOL  AT  MIMICO. 

The  school  at  Mimico,  still  the  only  industrial  school  in  this  Province,  is  con- 
veniently situated  on  a  farm  of  50  acres  of  good  land  a  few  miles  from  the  city 
of  Toronto  and  a  short  distance  from  a  railway  station.  The  buildings  command 
a  fine  view  of  Lake  Ontario.  The  land  was  given  by  the  Provincial  Government 
for  this  purpose.  The  school  was  opened  about  three  and  a  half  years  ago.  At 
the  annual  meeting  held  in  October,  1889,  it  was  stated  that  there  were  then  108 
bo3's  in  the  school.  A  year  before  the  number  was  55.  When  the  Commissioners 
visited  the  .school  the  number  was  said  to  be  140,  and  it  has  since  increased  con- 
siderably we  believe.  The  bo5^s  are  chiefly  sent  from  Toronto,  but  when  the  re- 
port of  the  yrar  1889  was  written  there  were  eight  from  the  County  of  York,  five 
from  the  County  of  Ontario,  three  from  Oxford,  three  from  Simcoe,  two  from 
Welland,  two  from  Lincoln,  and  one  from  each  of  the  Counties  of  Norfolk,  Brant, 
Peterborough,  Perth  and  Haliburton.  Nine  of  these  boys  were  from  7  to  9  years 
of  age  ;  fortj^-six  were  from  10  to  1:1,  and  fifty-three  from  13  to  15. 

It  is  stated  in  the  report  that  eighteen  of  these  boys  were  employed  on  the 
farm,  eleven  in  the  carpenter  s  .shop,  sixteen  in  the  tailor's  shop,  fourteen  in  the 
laundry  and  house  work,  twenty^-one  in  the  kitchen  and  dining-room,  one  in  the 
Superintendent's  office  and  .store-room,  and  twenty-seven  in  the  cottages  at  house 
wo)k  and  mending.  Their  time,  it  was  stated,  was  divided  as  follows  :  iu  manual 
labour  in  the  several  departments  4|  hours  each  day ;  in  school  work  3  hours ;  in 
play  out  of  doors  2|  hours ;  in  washing,  dressing,  and  meals  2|  hours  ;  in  Bible 
reading  and  devotional  exercises  1  hour  ;  in  reading  and  recreation  in  cottages  1 
hour  ;  in  sleep  9i  hours. 

The  school  is  conducted  on  the  combined  cottage  and  congregate  plan.  The 
cottages  completed  at  the  time  of  the  Commissioners'  visit  were  built  to  accommo- 
date llOboys.and  as  there  were  then  140  boy  sin  the  school  they  were  much  crowded. 
The  construction  of  another  cottage  had  been  begun.  Another,  we  observe,  is  now 
asked  for.  Workshops  are  also  required.  The  cottages  are  very  neat  structures 
and  apparently  well  adapted  for  their  purpose,  but  as  in  the  cottages  of  several 
similar  institutions  the  only  supervision  of  the  boys  at  night  is  what  one  of  the 
officers  who  sleeps  in  an  adjoining  room  from  which  a  small  iron  door  opens  on 
the  dormitorj'  can  give.  Some  of  the  boys  are  too  young  to  work  but  the  larger 
boys  seemed  to  be  all  occupied.  The  farm  seems  to  be  well  cultivated,  and  in  the 
farm  yard  were  .several  excellent  cows. 


103 


The  boys  are  taught  farming,  carpentering,  and  tailoriog,  and  a  number  were 
employed  in  the  kitchen  and  laundry. 

There  is  no  shoemaking,  but  the  boys  mend  shoes  in  the  winter.  One  boy 
managed  the  shoe  room  and  the  others  assisted  him.  Of  the  boys,  57  were  too 
small  to  work  on  the  farm,  and  of  the  larger  boys,  more  than  the  number  stated 
in  the  Annual  Report  (18)  could  not  be  spared  for  that  work,  as  a  number  must 
be  employed  in  the  kitchen,  laundiy  and  domestic  work.  When  a  boy  first  goes 
to  the  school,  he  is,  as  a  rule,  sent  to  the  laundrj'-.  This  the  boys  do  not  like. 
When  a  new  boy  comes  in,  the  best  boy  in  the  laundry  is  moved  to  the  kitchen. 
From  the  kitchen  the  boys  go  to  the  dining  rcom,  and  from  that  to  the  carpenter 
shop  or  to  the  farm.     On  holidays,  all  the  big  boys  are  sent  to  the  farm. 

Asked  whether  the  instruction  is  given  in  the  carpenter  and  other  shops  with 
a  view  to  enabling  the  boys  to  follow  these  trades  when  they  go  out,  the  Super- 
intendent said  : — "  Well,  my  idea  is  to  make  them  handy  lads.  My  idea  is  that 
they  should  go  on  farms,  go  out  into  the  country,  to  Manitoba,  for  example,  and 
perhaps  keep  bachelor's  hall  there.  I  think  a  boy  should  be  taught  to  cook  for 
himself,  mend  for  himself,  make  a  pair  of  socks  for  himself,  fix  anything  that  is 
needed  about  a  farm  building,  and  generally  to  be  independent  of  needing  other 
assistance.  As  yet,  none  of  our  boys  have  gone  to  the  trades  they  learned  here. 
But  it  makes  them  handy,  and  if  they  learn  one  thing,  they  will  pick  up  anything 
else  a  great  deal  quicker.  We  try  to  put  any  boys  that  come  here  through  a 
whole  course  and  do  not  confine  them  to  any  one  special  thing.  But  it  is  to  make 
them  useful  on  a  farm  that  I  aim  at  giving  them  a  little  training  in  a  carpenter 
shop.  We  really  don't  teach  them  anything  but  tailoring  well.  Some  of  our 
boys  who  have  been  here  two  or  three  years  can  make  a  very  nice  coat,  better 
than  you  will  get  in  the  average  shop  in  Toronto,  that  is,  of  the  common  sort." 
He  also  said  : — "  I  encourage  the  boys  as  much  as  possible  to  go  on  farms.  I  place 
with  the  farmers  here  in  the  summer  months  as  much  as  I  can  and  I  encourage 
as  many  as  I  can  to  go  to  the  free  grant  lands  of  Ontai-io,  or  to  Manitoba.  I  think 
a  boy  has  a  far  better  chance  of  becoming  comfortable  and  useful  there  than  in 
going  back  to  the  city.  We  have  now  eight  or  ten  boys  working  in  the  neigh- 
bourhood with  farmers,  on  trial,  and  three  of  these  will  stay  to  complete  the  year. 
But  boys  who  come  from  the  cities  generally  prefer  city  life,  and  parents  who  live 
in  cities  wish  their  boys  to  return  to  them  when  discharged." 

In  nearly  all  cases,  the  Superintendent  says,  the  boys  are  committed  to  this 
school  at  the  request  of  their  parents  or  some  friends.  It  is  manifest  that  such  an 
institution  must  offer  strong  temptations  to  unprincipled,  worthless  parents  to  rid 
themselves  of  the  care  and  expense  of  bringing  up  their  children  at  home,  unless 
the  provisions  of  the  law  requiring  all  parents  to  contribute  in  proportion  to  their 
means  to  the  maintenance  of  the  children  sent  to  the  school  be  strictly  enforced. 
The  Superintendent  said  that  many  do  agree  to  pay.  The  amount  is  fixed  accord- 
ing to  circumstances.  Some  pay  50  cents  a  week,  some  a  dollar,  and  others  $1.50. 
The  maximum  is  S2.     Many  make  their  payment  at  the  school  on  visiting  day. 

Since  the  school  was  opened  only  two  boys  have  been  dealt  with  as  incorri- 
gibles.  One  of  these  was  a  boy  sent  out  from  the  old  country  by  a  charitable 
asoociation.  He  ran  away  three  times.  Both  were  sent  to  the  reformatory  at 
Penetancruishene. 


104 


DRUNKENNESS. 


Although  the  volume  of  vice  and  crime  may  be  greatly  reduced  aud  the 
number  of  ci'iminals  be  greatly  lessened  by  proper  care  of  the  young  the  State 
must  always  be  prepared  to  employ  prevention  or  remedy  in  the  case  of  many 
adults  whom  natural  weakness  or  an  evil  disposition  and  the  want  of  such 
an  education  as  strengthens  what  is  weak  in  the  character  and  corrects  what  is 
bad,  expose  to  danger  or  involve  in  crime. 

Drunkenness  does  more  than  any  other  cause  to  fill  the  gaols,  and  it  unques- 
tionably does  much  to  recruit  the  ranks  of  the  criminal  classes.  Of  the  11,893 
persons  committed  to  the  gaols  of  the  Province  during  the  year  1889  no  less  than 
4,777  were  charged  with  having  been  drunk  and  disorderly,  and  in  all  probability 
excessive  use  of  strong  drink  was  the  chief  cause  of  trouble  in  the  case  of  the  534 
persons  who  were  committed  on  the  charge  of  common  assault.  Of  the  11,587 
cases  disposed  of  in  the  police  court  of  the  city  of  Toronto  5,441  were  cases  of 
drunkenness  and  of  disorderly  conduct  caused  by  drunkenness.  The  proportion 
in  the  other  cities,  as  will  be  seen  by  reference  to  the  returns  published  elsewhere, 
was  about  the  same.  The  number  of  convictions  on  charges  of  drunkenness  in 
the  province  during  the  j'ear  was  7,059,  very  nearly  one-third  of  the  whole  ;  and 
of  the  675  prisoners  in  the  common  gaols  at  the  close  of  the  year  a  very  large 
proportion  were  habitual  drunkards. 

A  .similar  state  of  thinofs  exists  in  other  countries  .  In  England  and  Wales 
the  convictions  for  drunkenness  were  166,366  in  the  year  1889,  or  nearly  one- 
fourth  of  the  total  number.  A  few  years  before  they  were  205,567.  In  Scotland 
the  convictions  for  this  offence  numbered  28,740  in  the  year  1889.  How  many 
of  these  paid  the  penalties  by  imprisonment  the  reports  do  not  state,  but  the  pro- 
portion was  probably  large. 

A  very  large  proportion  of  those  convicted  of  drunkenness  are  habitual 
drunkards  who  are  fined  or  imprisoned  many  times.  The  commissioners  of 
Prisons  of  England  and  Wales  caused  enquiries  to  be  made  at  some  of  the  lai'gest 
prisons  "  with  a  view  to  eliciting  information  which  may  throw  some  light  on  the 
subject  of  re-conviction."  They  say  that  the  prisoners  who  are  frequently  convicted 
are  addicted  to  committing  the  same  crime  or  offence  time  after  time,  these  offences 
being  in  the  case  of  males,  drunkenness,  theft,  assault  and  vagrancy,  and  in  the 
case  of  females,  drunkenness,  theft  and  vagrancy.  Of  the  last  1,700  male 
prisoners  received  on  re-conviction  -at  the  prisons  from  which  returns  were  asked 
for,  466  or  27.4  per  cent,  were  for  drunkenness  ;  273  or  16  per  cent,  for  theft ;  142 
or  8.3  per  cent,  for  assault  and  137  or  8  per  cent,  for  vagrancy.  Of  1,300  female 
prisoners  696  or  57.5  per  cent,  were  for  drunkenness;  146  or  11.2  per  cent,  for 
theft,  and  92  or  7  per  cent,  for  vagrancy. 

In  Scotland  the  number  of  re-convictions  is  large.  Of  those  convicted  on  all 
charges  in  1889,  4,803  had  been  convicted  "once  before;  2,430  twice 
before;  1,477  three  times  before;  1,074  four  times  before;  695  five  times  before  ; 
1,564  six  times  and  under  ten  ;  1,370  ten  times  and  under  twenty  ;  914  twenty 
times  and  under  fifty,  and  379  fifty  times  and  upwards.  The  total  number  con- 
victed more  than  once  was  14,706.     A  large  proportion  of  these  were  drunkards. 

The  total  number  of  persons  committed  to  local  prisons  in  Ireland  during  the 
year  ending  March  31st  1888,  was  males  10,769,  females  6,764,  total  17,533.  ''The 
report  does  not  state  the  number  of  the.se  who  were  previously  convicted,  but  the 
proportion  probably  was  large. 

In  the  state  of  Massachusetts  the  whole  number  sent  to  gaols  and  houses  of 
correction    to  undergo  sentence  for  drunkenness  in  the  year  1889    was    13,286   of 


lOo 


whom  11,863  had  the  option  of  paying  a  fine,  1,023  were  sentenced  to  imprison- 
ment for  terms  of  less  than  six  months ;  362  for  terms  of  six  and  less  than  12 
months,  and  38  for  one  year  and  less  than  two.  The  total  number  convicted  of 
drunkenness  and  held  in  all  the  penal  institutions  on  one  day  for  non-payment 
of  fine  and  costs  was  1,542  ;  and  the  total  number  of  those  so  convicted  and 
held    on   term  sentences  was  811. 

The  total  number  sent  to  the  Boston  House  of  Industry  during  the  year  1889 
for  offences  of  all  kinds  punishable  by  imprisonment  in  that  institution  was 
13,749.  Of  these  44  were  committed  as  habitual  drunkards  and  11,958  others  on 
charges  of  drunkenness.  One  of  those  convicted  as  a  common  drunkard  was  com- 
mitted 18  times.  But  of  those  not  so  classed  many  were  committed  more  fre- 
quently. 1,006  were  committed  a  third  time  ;  724  a  fourth  time  ;  596  a  fifth 
time;  1,388  more  than  five  and  less  than  ten  times;  1,405  ten  times  and  less 
than  twenty  times  ;  576  twenty  times  and  less  than  40  times  and  several  others 
even  more  frequently,  one  who  died  in  confinement  having  been  committed  176 
times. 

The  fact  that  no  general  persistent  effort  has  been  made  in  any  country  to 
provide  by  law  against  the  continuance  of  this  deplorable  state  of  things  proves 
that  so  far  it  has  been  found  difficult  if  not  impossible  to  deter  or  reform  the 
drunkard  by  any  legal  process.  Massachusetts  is  doing  something  to  test  the 
value  of  continued  reformative  restraint  and  training.  During  the  j'ear  1889 
fifty-two  common  drunkards  and  77  convicted  of  drunkenness  for  the  second  or 
third  time  were  sent  to  the  reformatory  for  men,  the  whole  number  sent  from 
1884-5  inclusive  being  354  common  drunkards  and  654  convicted  of  drunken- 
ness more  than  once.  To  the  reformatory  for  women  92  were  sent  for  drunk- 
enness, the  average  length  of  whose  sentences  was  one  year  two  months  and 
six  days.  The  sui^erintendent  of  the  reformatory  for  women  says  that  many  of 
the  drunkards  entrusted  to  her  care  have  been  thoroughly  cured.  Her  opinion 
is  that  it  requires  fully  two  years  to  quench  the  craving  of  a  confirmed  drunkard 
for  alcoholic  stimulants,  and  to  build  up  the  moral  and  physical  strength  suffi- 
ciently to  enable  her  to  resist  temptation  when  she  returns  to  the  world.  During 
the  past  nine  years  917  women  have  been  committed  to  this  institution  on  charges 
of  drunkenness. 

That  these  partial  and  feeble  efforts  have  been  insufficient  to  reduce  the 
•  amount  of  drunkenness  perceptibly,  is  shown  by  the  reports  from  the  gaols  and 
the  Boston  House  of  Industry  which  have  been  quoted.  Some  effort  more  thorough 
and  general  is  absolutely  necessar3^ 

It  was  supposed  at  one  time  that  a  very  large  number  of  the  drunkards  of 
the  country  could  be  rescued  from  the  terrible  degradation  in  which  they  are 
sunk  by  the  establishment  of  inebriate  asylums  in  which  at  least  those  who 
desired  to  shake  off  the  dreadful  habit  would  be  effectually  assisted  by  skilful 
medical  treatment.  The  belief  in  the  efficac}-  of  such  treatment  is  neither  so 
general  nor  so  strong  as  it  was  a  few  years  ago. 

Compulsory  abstinence  from  the  use  of  alcohol  in  any  form  and  a  careful 
strengthening  of  the  moral  and  ph3'sical  nature  may  be  successful  in  rescuing 
many  of  those  who  have  not  become  mere  wrecks  mentally  and  physically  and 
who  are  not  thoroughly  depraved.  To  achieve  any  marked  degree  of  success  in 
dealing  with  this  monster  evil,  prevention  and  earnest  rational  means  of  restoring 
the  fallen  must  be  combined. 

The  evidence  given  as  to  the  causes  of  drunkenness,  its  effects  and 
the  best  mode  of  dealing  with  it  differed  very  widely.  Some  witnesses 
thought     drunkenness     a    disease.      Even     those    who     refused,    on     scientific  ,, 

grounds,  so  to  regard    it,    thought    that    the    drunkard  is  in  most  cases  to  be  || 


106 


pitied  rather  than  condemned.  That  a  love  of  stimulants  and  a 
■consequent  tendency  to  become  drunkards  is  hereditary  is  an  opinion 
which  we  found  to  prevail  very  generall3^  That  some,  because  of  their 
peculiar  nervous  organisation,  or  other  constitutional  weakness,  become  victims  of 
this  dreadful  passion  more  readily  than  others,  and  having  fallen,  can  do  less  to 
rid  themselves  of  it,  was  ganerally  ailmitted.  Few,  if  any,  thought  that  those 
whose  only  offence  is  drunkenness,  should  be  treated  as  criminals.  Many  who 
frequently  drink  to  excess,  are  amiable,  inolFeusive  and  industrious,  when  sober, 
good  fathers,  sojis  and  brothers,  and  even  when  drunk  are  harmless.  Many,  not- 
withstanding their  occasional  outbreaks,  do  much  towards  supporting  their  wives 
and  families.  To  take  them  away  for  six  or  seven  montlis,  even  for  the  purpose 
of  effecting  a  cure,  would  be  to  inflict  much  suffering  on  tho.se  who  depend  on 
them  for  their  daily  bread.  The  brutal  ruffian  who  drinks  all  the  mone}  he 
can  get  hold  of,  including  the  earnings  of  his  wife  and  the  alms  which  he  forces 
his  children  to  beg  and  who  takes  a  savage  pleasure  in  maltreating  those  he 
should  cherish  and  protect;  the  sot  who  is  never  sober  and  who  spends  an 
utterly  worthless,  and  useless  existence  everyone  seemed  to  agree,  should  be  locked 
up  as  long  as  may  be  necessary  where  they  could  do  no  harm  to  themselves  or  any 
one  else.  But  these  are  by  no  means  the  only  drunkards  whose  cases  require 
consideration. 

On  some  points  tlie  governors  of  gaols  and  others,  who  have  had  special 
opportunities  for  observation,  were  almost  unanimous.  On  those  who  have  not 
become  the  .slaves  of  alcohol,  imprisonment,  even  as  now  managed,  has  a  deterrent 
effect.  Of  those  arrested  for  drunkenness,  calculating  not  the  number  of  arrests, 
but  the  number  of  persons  arrested, more  than  one-half  do  not  subject  themselves  to 
arrest  a  second  time.  Those  who  feel  the  .shame  and  disgrace  of  the  position, 
avoid  it  thereafter.  Even  of  those  who  are  twice  arrested,  a  large  proportion 
afterwards  avoid  gaols  and  lockups.  Those  who  are  arrested  more  frequently,  be- 
come utterly  case-hardened,  shameless  and  indifferent.  For  them,  the  gaols  as  at 
present  conducted  have  no  terrors;  they  are  places  of  rest  and  refreshment,  not  of 
punishment. 

It  is  admitted  on  all  sides  that  the  present  mode  of  dealing  with  those  arrest- 
•  ed  for  drunkenness  is  not  effectual  as  a  means  of  preventing  drunkenness  and  that 
as  a  means  of  reclaiming  those  who  have  become  addicted  to  the  excessive  use  of 
strong  drink  it  is  an  utter  failure  The  imposition  again  and  again  of  a  paltry  fine 
with  the  alternative  of  a  few  days,  or  a  few  weeks  imprisonment  has  no  serious 
effect  either  refoimatory  or  deterrent,  and  a  cry  against  the  continuance  of  this 
absurd  system  has  arisen  in  every  country  in  which  drunkenness  is  prevalent. 
The  superintendent  of  the  Boston  House  of  Industry  .speaks  of  the  system  as 
heedless  and  says,  'T  would  .suggest  that  a  law  be  passed  w^hereby  rounders  or 
common  drunkards  be  committed  to  some  institution  for  an  indefinite  neriod  of 
time  and  their  release  depend  on  their  reformation."  The  Board  oi  State 
Charities  of  Ohio  say :  ''In  our  workhouses  on  the  average  fully  one-half  the 
prisoners  are  recidivists  and  many  of  them  have  been  convicted  scores  of 
times.  This  class  are  largely  habitual  drunkards  who  make  the  workhouse  a 
place  of  refuge  to  sober  off  in  and  recruit  their  wasted  energies  at  the  expense  of 
the  public.  When  at  large  they  are  a  terror  to  their  families  and  a  nuisance  to  the 
community.  To  them  temporaiy  imprisonments  are  neither  reformative  nor  pre- 
ventive and  the  costs  of  repeated  convictions  are  unnecessary  expenses  to  the 
Government.  ...  To  remedy  *his  condition  of  affairs,  workhouse  superintend- 
ents are  substantially  unanimous  in  recommending  cumulative  sentences  doubl- 
ing the  fine  and  time  at  each  repetition  and  if  this  should  prove  insufficient  then 
after  the  third  or  fourth  offence  make  the  sentence  indefinite  with  a   five  years 


107 


limit  with  power  of  parole  for  good  conduct  at  the  end  of  one  year.  This  action 
would  at  least  protect  the  public  to  a  large  extent  from  this  class  of  offenders  and 
would  make  their  labor  of  sufficient  value  to  pay  the  expenses  of  the  prison  and 
possibly  something  for  the  support  of  their  families.  The  secretary  of  the  Board 
of  Charities  of  the  State  of  Minnesota  in  his  report  for  1889  says  "The  commit- 
tal of  this  class  of  convicts  to  prison  for  ten  days  or  less  is  worse  than  useless. 
It  only  cleans  them  up  and  whets  their  appetites  for  a  new  debauch," 

The  evidence  to  this  effect  coi-roborated  as  it  is  by  the  observation  of  every 
one  who  has  given  attention  to  this  subject  is  conclusive. 

The  witnesses  who  appeared  before  the  commission  were  satisfied  that  in  many 
cases  the  reformation  of  drunkarks  can  be  eftected  if  the  effort  be  made  in  time 
■and  propermeans  be  employed  and  that  much  good  can  be  done  even  incasesin  which 
occasional  relapses  may  occur.  They  agreed  that  to  effect  a  cure  it  is  absolutely 
necessary  that  the  drunkard  should  be  kept  under  restraint  until  the  craving  for 
strong  drink  has  been  subdued  and  the  physical,  mental,  and  moral  nature  has  been 
sufiiciently  strengthened.  Three  months  may  be  sufiicient  in  some  cases  to  work 
this  great  change,  six  months  may  be  sufficient  in  others;  but  in  many  cases  at 
least  a  3^ear  would  be  necessary  and  in  not  a  few  cases  even  more  than  a  year. 
It  was  the  general  opinion  also  that  it  is  absolutely  necessary  that  the  minds 
and  bodies  of  those  under  restraint  should  be  actively  employed,  that  habits  of 
industry  should  be  enforced  and  that  all  wholesome  influences,  physical, 
intellectual,  moral  and  religious,  should  be  employed  to  give  the  strength  needed 
in  what  must  be  a  life-long  struggle. 

Tramps — Vagrants. 

Sir  James  F.  Stephen  ir  his  History  of  the  Criminal  Law  of  England,  Vol.  3, 
pp.  266-274.'  describes  the  origin  and  growth  of  vagrancy  in  England,  the  gradual 
change  in  its  character  and  the  means  employed  at  different  times  to  repress  it. 
He  says  :  "  Vagrancy  may  be  regarded  to  a  great  extent  as  forming  the  criminal 
aspect  of  the  poor  laws.  .  .  The  Statute  of  Labourers  was  closely  connected  with 
the  first  appointment  of  Justices  of  the  Peace,  who  were  originally  directed  to  hold 
quarter  sessions  in  order  to  administer  it.  Shortly  the  leading  points  of  that 
legislation  and  its  connection  with  the  poor  law  were  these  : — First  came  serfdom, 
next  came  the  Statute  of  Labourers  which  practically  confined  the  labouring 
population  to  stated  places  of  abode  and  required  them  to  work  at  specified  rates 
of  wages.  Wandering  or  vagrancy  thus  became  a  crime.  A  man  must  work 
where  he  happened  to  be  and  must  take  the  wages  offered  him  on  the  spot,  and 
if  he  went  about  even  to  look  for  work,  he  became  a  vagrant  and  was  regarded 
as  a  criminal ;  this  if  they  had  been  able  to  tell  it  would  no  doubt  have  been  the 
labourers'  account  of  the  matter.  The  statute  book  tells  the  story  from  the 
employers'  point  of  view  and  no  doubt  with  a  great  deal  of  truth.  Statute  after 
statute  passed  in  the  reign  of  Richard  II.,  referring  to  the  number  of  persons  who 
wandered  about  the  country  and  committed  all  sorts  of  crimes,  leaving  their  mas- 
ters, associating  in  bands,  and  overawing  the  authorities."  Statute  7  Rich. 
II.,  c.  5  ssijs,  "  and  moreover  it  is  ordained  and  assented  to  restrain  the  malice  of 
divers  people,  feitors,  and  wandering  from  place  to  place,  running  in  the  country 
more  abundantly  than  they  were  wont  in  time  passed,  that  from  henceforth  the 
justices  of  assizes  in  their  sessions,  the  justices  of  the  peace,  and  the  sheriffs  in 
every  county,  shall  have  power  to  enquire  of  all  such  vagabonds  and  feitors  and 
their  offences  and  upon  them  to  do  all  that  the  law  demandeth."  The  Act  12, 
Rich.  II.,  passed  in  1388  provided  that  "  no  servant  should  leave  the  hundred 
in  which  he  dwelt  without  a  letter  patent  from  the  king,  stating  the  cause  of  his 


108 


going  and  the  time  of  his  return.  There  was  to  be  a  seal  in  every  hundred  for 
the  purpose  of  giving  these  letters  and  anyone  found  wandering  without  such 
a  letter  was  to  be  put  in  the  stocks  and  kept  until  he  found  surety  to  return  to 
his  service.  This  was  to  be  done  by  the  mayors,  bailiffs  and  stewards  of  lords  and 
constables  of  towns.  Besides  which  it  is  stated  that  artiticers,  labourers  and  ser- 
vants are  to  be  duly  justified  by  the  sessions  of  peace  ;  whether  at  the  sessions  or 
in  a  summary  way,  is  not  stated.  Another  chapter  forbids  begging  and  makes  a 
distinction  between  beggars  able  to  labour,  who  are  to  be  treated  like  those  who 
leave  the  hundred  and  beggars  impotent  to  serve,  as  to  whom  it  is  enacted  that 
they  shall  abide  in  the  cities  and  towns,  where  they  be  dwelling  at  the  time  of 
the  proclamation  of  this  statute  and  if  the  people  of  cities  or  other  towns  will 
not  or  may  not  suffice  to  find  them,  that  then  the  said  beggars  shall  draw  them 
to  other  towns  within  the  hundred,  rape  or  wapentake  or  to  the  towns  where  they 
were  born  within  forty  days  after  the  proclamation  made,  and  there  shall  con- 
tinually abide  during  their  lives.  What  they  are  to  do  if  these  towns  will  not  or 
may  not  suffice  to  find  them,  does  not  appear.  This  Act,  however,  is  the  first 
which  recognises  the  impotent  poor  as  a  class  distinct  from  the  able-bodied  poor 
and  may  thus  in  some  sense  be  regarded  as  the  origin  of  the  later  poor 
law."  Similar  acts  were  passed  in  the  reign  of  Henry  IV.  A  remarkable 
Act  passed  in  the  reign  of  Henry  V.,  2  Hen.  V.,  c.  4,  recites  that  "  the  servants 
and  labourers  of  the  shires  of  the  realm  do  flee  from  county  to  count}',  because 
they  would  not  be  justified  by  the  ordinances  and  statutes  by  the  law  for  them 
made  to  the  great  damage  of  gentlemen  and  others  to  whom  thej^  should  serve," 
and  it  empowers  "justices  of  the  peace  to  send  their  writs  for  such  fugitive 
labourers  to  every  sheriff  in  the  realm  of  England,  who  are  to  take  them  and  send 
them  back  to  the  place  whence  they  came."  Some  acts  passed  in  the  reign  of 
Henry  VII.,  authorised  constables  to  put  vagrants  into  the  stocks  instead  of  com- 
mitting them  to  gaol.  An  act  passed  in  1530—22  Hen.  VIII.,  c.  12.  provided 
that  the  impotent  poor  were  to  be  licensed  by  the  magistrates  to  beg  within  cer- 
tain local  limits.  Out  of  their  limits,  begging  was  in  their  case  to  be  punishable 
by  two  days  and  nights  in  the  stocks  with  bread  and  watei-.  Begging  without  a 
letter  was  to  be  punished  by  whipping.  Vagrants  'whole  and  mighty  in  body 
and  able  to  labour,  were  to  be  brought  before  a  justice,  high  constable,  mayor  o"^r 
sheriflf,  who  at  their  discretion  shall  cause  every  such  idle  person  to  be  had  to  the 
next  market  town  or  other  place  most  convenient  and  to  be  there  tied  to  the  end 
of  a  cart  naked,  and  be  beaten  with  whips  throughout  the  same  town  or  other 
place  till  his  body  be  bloody  by  reason  of  such  whipping."  After  that  he  was  to 
be  sent  back  to  labour  being  liable  to  more  whipping  if  he  did  not  go  straight 
home.  "  Scholars  of  the  universities  of  Oxford  and  Cambridge  that  go  about 
begging  not  being  authorised  under  the  seal  of  their  universities  "  were  to  be 
treated  as  strong  beggars.  Proctors  and  pardoners  going  about  without  sufficient 
authority,  people  pretending  to  knowledge  in  palmistry  or  other  crafty  science 
were  to  be  even  more  severely  handled.  For  the  first  offence  they  we're  to  be 
whipped  for  two  days  together ;  for  the  second  offence  to  be  scourged  two  days, 
and  the  third  day  to  be  put  upon  the  pillory  from  9  a.m.  to  11  a.m.,  and  to  have 
an  ear  cut  ofl";  for  the  third  ofifence  the  same  penaltv,  the  other  ear  being  cut  off"." 
An  act  passed  five  years  after  provided  that  that  the  valiant  beggars  ami  sturdy 
vagabonds  should  be  set  to  work  and  the  poor  people  to  be  succoured,  relieved 
and  kept  and  that  the  churchwardens  and  two  others  in  each  parish  collect  alms 
for  the  purpose.  This  provides  also  with  regard  to  a  description  of  vagabonds 
called  "ruttlers"  calling  themselves  seiving  men,  but  having  no  masters  that 
when  taken  they  were  to  be  whipped  and  '  to  have  the  upper  part  of  the  gristle  of 
the  right  ear  cut  clean  oft"  so  that  it  may  appear  for  a  perpetual  token  thafhe  hath 


109 


been  a  contemner  of  the  good  order  of  the  commonwealth."  If  a  person  so 
marked  offended  again  in  the  same  way,  he  was,  on  conviction  at  the  quarter 
sessions,  to  be  hanged. 

These  laws  were  not  considered  sufficiently  severe  and  they  were  repealed  by 
1  Edward  VI.,  c.    2    which  provided  that  every  loitering  and  idle  wanderer  who 
will  not  work  is  to  be  taken  for  a  vagabond  marked   with  a    V  and  adjudged  a 
slave  for  two  year.s  to  any  person  who  demands  him,  to  be  fed  on  bread  and  water 
and   refuse     meat    and  caused  to    work    in   such    labour  "  how   vile    soever  it 
be  as  he  shall  be  put  unto  by  beating,  chaining,  or  otherwise."     If  he  ran  away 
he  was  to  be  branded  in  the  cheek  with  the  letter  S  and  adjudged  a  slave  for  life 
and  if  he  ran  away  again  he  was  to  be  hanged.     If  no  one  would  take  the  vaga- 
bond, and  if  he  had  been  a  vagabond  three   days,  any  justice  of  the  peace  may 
cause  the  letter  V  to  be  branded  "on  his  or  her  breast  with  a  hot  iron,"  and  send 
him  to  the  place  where  he  was  born,  tliere  to  be  compelled  to  labor  in  chains  or 
otherwise  on  the  highways  or  at  common  work  or  from  man  to  man  as  the  slave 
of  the  inhabitants  who  were  required  under  penalties  to  keep  him  to  work.     If 
t  le  vagabond  misrepresented  the  place  of  his  birth  he  was  to  be  branded  in  the 
face  and  to  remain  a  slave  for  life.  This  Act  lasted  only  two  years.    Other  provi- 
sions less  severe  were  made.    During  the  reign  of  Philip  and  Mary,  provision  was 
made  for  weekly  collections  for  the  poor.     All  laws  existing  on  these  subjects 
were  repealed  by  14  Elizabeth,  c  5,  which  provided  that  all  beggars  should  be 
grievously  whipped  and  burnt  through  the  giistle  of  the  right  ear  for  the  first 
offence  and  be  guilty  of  felony  for  the  second.    The  Statute  39  Eliz.  c.  4,  passed 
in  1597,  repealed  all  previous  enactments  and  provided  that  the  justices  of  coun- 
ties  have  power  to  erect  houses  of   correction   for  the  reception  of  rogues  and 
vagabonds  and  sturdy  beggars  until  they  are  either  put  to  work  or  banished  to 
such  places  as  may  be  assigned  by  the  Privy  Council.     Any  such  persons  found 
begging  were  to   be  stripped  naked  from  the  middle  upwards  and   be  openly 
whipped,  until  his  or  her  body  be  bloody,  and  be  then  sent  to  their  birth  place  or 
place  of  residence  by  a  fixed  route  to  be  whipped  on  every  deviation  from  it. 
They  were  thence  to  be  taken  to  the  house  of  correction  there  to  be  kept  until 
they  were  employed  or  banished.     This  Act  defined  rogues  and  vagabonds  a«  all 
persons  calling  themselves  scholars  going  about  begging,  all  seafaring  men  pre- 
tending losses  of  their  ships  and  goods  ;    all  idle  persons  going  about  either  beg- 
ging or  using  any  subtle  craft  or  unlawful  games  and  plays,  or  feigning  to  have 
knowledge  in  physiognomy,  palmistry  or  other  like  crafty  service  or  pretending 
that  they  can  tell  destinies,  fortunes  or  such   other  fantastical  imagination*  ;  all 
fencers,  bearwards,   common   players    and    minstrels;  all   jugglers, trickers  and 
petty  chapmen  ;  all  wandering  persons  and  common  labourers,  able  in  body  and 
refusing  to  w^ork  for  the  wages  commonly  given ;    all  persons  delivered  out  of 
gaols  that  beg  for  their  fees  or  travel   begging  ;  all  persons  that  wander  abroad, 
begging,pretendin<r  loss'S  l»y  fireor  otherwise  and  all  persons  pretending  themselves 
to  be  Egyptians.    This  statute  with  some  slight  amendments  remained  in  force  for 
nearly  a  century.  In  1601  the  famous  statute  establishing  a  system  of  poor  law  relief 
passed.     An  Act  of  the  reign  of  James  1.  provided  that  rogues  adjudged  incorri- 
gible may  be  branded  on  the  left  shoulder  with  a  hot  burning  iron  of  the  size  of  a 
shilling  and  an  Act  of  the  reign  of  Anne  which  re-enacted  the  Act  of  1597,  with 
a  few  alterations  and  omissions  authorized  the  justices  to  convict  incorrigible 
rogues  to  the  custody  of  any  persons  who  would  receive  them  as  servants  or  ap- 
prentices (practically  as  slaves)  and  set  them  to  work  either  in  Great  Britain  or 
any  of  the  colonies  for  seven  years.     An  Act  modifying  this  and  extending  its 
provisions  to  any  persons  acting  plays  (out  of  Westminster)  where  they  had  not 
.a  legal  settlen)ent  or  were  not  licensed  by  the  Lord  Chamberlain  was  passed  in 


110 


the  reign  of  George  the  first.  The  Act  17  George  2,  e.  5,  gave  the  law  relating 
to  such  offences  much  of  the  shape  which  it  retained  when  Sir  J.  F.  Stephen 
wrote  (1883).  It  distin.yuished  them  in  three  classes,  (1)  idle  and  disorderly 
persons,  (2)  rogues  and  vagabonds,  and  (3)  incorrigible  rogues  ;  and  it  regulated 
in  minute  detail  all  proceedings  to  be  taken  for  their  arrest,  return  to  their  place 
of  settlement  and  punishment.  It  included  as  liable  to  its  penalties,  persons  run- 
ning away  from  their  wives  and  children.  Other  Acts  were  passed  in  the  reign 
of  George  III.  The  Act  5  Geo.  4,  c.  83,  now  in  fact  greatly  extends  the  defini- 
tion of  a  rogue  and  vagabond  including  under  it  many  offences  against  public  de- 
cency and  many  acts  characterictic  of  criminals,  though  not  actually  criminal  such 
as  being  armed  with  intent  to  commit  felony,  being  found  in  dwelling  hou.ses, 
yards  or  elsewhere  for  any  unlawful  purpose,  or,  being  reputed  thieves,  frequenting 
rivers,  canals  or  streets  with  intent  to  commit  felony  and  many  others.  These  have 
been  so  extended  by  recent  legi.slation  that  it  may  now  be  almost  stated  as  a  gen- 
eral proposition  that  any  person  of  bad  character  who  prowls  about  apparently 
for  an  unlawful  purpose  is  liable  to  be  treated  as  a  rogue  and  vagabond 

"  In  the  times  when  serfdom  was  breaking  down  and  when  the  Statute  of 
Labourers  provided  what  might  be  regarded  as  a  kind  of  substitute  for  it,  provis- 
ions as  to  vagrancy  were  practically  punishments  for  desertion.  The  labourer's 
wages  were  fixed.  His  place  of  residence  was  fixed.  He  must  work  where  he 
happened  to  be.  If  he  went  elsewhere  he  must  be  taken  and  sent  back.  By 
degrees  the  order  of  ideas  which  this  view  of  the  question  represented  died  awa}'. 
The  vagrant  came  to  be  regarded  rather  as  a  probable  criminal  than  as  a  runaway 
slave.  He  must  be  made  to  work  or  else  treate  1  as  a  criminal.  If  he  cannot 
work  he  may  have  a  license  to  beg.  Social  and  economic  causes  of  various 
kinds  increase  the  number  of  vagrants  and  the  law  becomes  so  severe  that  for  a 
short  time  vagrants  are  condemned  to  slavery,  branding  and  death.  As  time 
goes  on  it  becomes  obvious  that  mere  punishment  on  the  one  hand  and  mere 
voluntary  charity  on  the  other  will  not  meei  the  evil  admitted  to  exist.  An 
elaborate  system  of  poor  law  relief  is  founded  by  the  famous  act  of  1601  and  in 
anticipation  of  it  the  Act  of  159?  treats  the  offence  of  vagrancy  no  doubt  with 
what  we  should  regard  as  extreme  severity  but  still  with  less  severity  than  had 
formerly  been  applied  to  it.  Through  the  seventeeth  century  little  change  was 
made  in  the  law  ;  but  in  the  eighteenth  century  the  whole  system  of  poor  law 
relief  was  elaborated  and  the  law  of  vagrancy  was  recast  so  as  to  punish  those 
persons  who  really  preferred  idleness  to  parish  relief.  The  new  poor  law  of 
1834-  and  che  Acts  subsequent  to  it  have  not  ;dtered  the  law  of  vagrancy  although 
it  has  been  made  more  searching  and  stringent  as  the  efforts  to  suppiess  crime  by 
a  vigorous  system  of  police  have  increased  in  energy  and  stringency.,' 

It  is  alleged  that  during  the  reign  of  Henry  the  Eighth  no  less  than  seventy- 
two  thousand  persons,  who^e  only  offence  was,  that  they  were  sturdy  and  would 
not  work  were  put  to  death.  This  statement  seems  incredible,  yet  the  Acts 
quote!  above  show  that  this  offence  was  punished  with  great  aeverity  and  often 
with  death. 

About  the  midiile  of  the  eighteenth  century  all  Europe  was  desolated  by  the 
scourge  of  innumerable  tramps.  Prince  Charles  then  Governor  of  Flanders  called 
the  attention  of  the  Privy  Council  at  Vienna,  to  the  ineificacy  of  whipping,  brand- 
ing and  torturing  for  the  repression  of  the  evil.  "  M.  de  Fierlant  in  strono^ 
language  before  the  Council  denounced  as  useless  the  employment  of  infamous 
ami  torturing  ])unishments,  and  advocated  the  immediate  establishment  of  houses 
of  correction.  With  profound  philosophicU  insight  he  declared  that  [)eople  with- 
out honour  could  not  be  restraine.i  by  tear  of  infamy  ;  that  neither  the  scaffoM, 
the  scourge,  nor  the  branding  iron  could  ever  put  an  end  to  disorders  that  had  their 


Ill 


source  in  a  dislike  of  work  ;  and  that  tlie  only  means  of  correcting  the  idle  and 
laz}'  was  to  compel  them  to  labour.  The  Empress  herself  wrote  two  papers  on 
the  subject  honourable  alike  to  her  intelligence  and  her  humanity  in  which  she 
recommended  the  gradual  abolition  of  capital  punishment  except  in  cases  of 
atrocious  crimes  and  the  establishment  of  correctional    prisons  to  take  its  place." 

"What  shall  we  do  to  repress  vagiancy  "  is  still  a  question  that  perplexes, 
statesmen  and  magistrates,  and  strange  to  sa}^  it  seems  most  difficult  of  solution 
in  the  United  States  and  Canada  in  which  it  was  almost  unknown  until  the 
great  civil  war  disturbed  all  the  social  elements  and  created  a  likiner  for  an  idle 
shiftless  life.  To-day  vagrancy  is  perhaps  as  great  a  nuisance  in  Ontario  as  in  any 
state  of  the  Union.  Many  of  the  lazy  and  worthless  amongst  our  own  people- 
have  adopted  it  as  a  profession.  Under  the  system  of  assisted  passages  many 
have  been  brought  to  Canada  from  Europe  who  never  intended  to  make  a  living 
by  honest  labour  and  a  large  number  of  inveterate  vagrants  still  drift  from  the 
United  States  into  this  Province. 

The  number  sentenced  to  confinement  in  the  gaols  of  Ontario  as  vagrants 
during  the  year  was  7»:3  in  1869  ;  1,G41  in  1875  ;  2,128  in  1876,  and  3,888  in  1877. 
This  was  the  laigest  number  in  any  one  year.  For  seven  years  after  the  number 
decreased.  In  1878  it  was  2,524  ;  in  1879  it  was  2,586  ;  in  1880  it  was  2,210  ;  in 
1881  it  was  1,580  ;  in  1882  it  was  1.449  ;  in  1883  it  was  1,554.  In  the  next  year 
the  number  rose  to  2,130  :  in  1885  it  was  2,445  ;  in  1886  it  was  2,243  ;  in  1887  it 
was  2,192  ;  in  1888  it  was  2,301,  and  in  1889  it  was  2,164. 

The  number  committed  as  vagrants  in  this  Province  in  1889  was  17.2  per 
cent,  of  all  the  prisoners  committed.  The  British  reports  do  not  show  what  pro- 
portion of  those  sentenced  to  imprisonment  are  vagrants,  but  of  those  re-committed, 
as  a  special  return  shows,  8  per  cent,  of  the  men  and  7  per  cent,  of  the  women 
were  committed  as  vagrants.  Of  15,673  who  were  sentenced  to  imprisonment  in 
the  gaois  and  houses  of  correction  of  the  State  of  Massachusetts  in  the  year  1889, 
only  680  were  sentenced  as  vagrants  or  tramps,  and  of  these  486  were  sentenced 
to  less  than  six  months  imprisonment,  and  157  to  six  and  less  than  twelve  months. 
Of  the  13,033  committed  to  the  Boston  House  of  Industry,  only  102  were 
comujitted  as  vagrants  and  tramps,  wliile,  in  the  same  year,  333  were  apprehended 
as  vagi'ants  in  the  city  of  Toronto. 

Rev.  A.  H.  Baldwin,  one  of  the  directors  of  the  House  of  Industry, 
in  his  evidence  before  the  commission  said; — "In  the  city  of  Philadel- 
))hia  if  they  have  27  or  30  vagrants  on  one  night  they  consider  that 
they  have  a  large  number,  and  they  have  in  Philadelphia  a  million  people,  I 
believe.  We  have  about  175,000  people,  I  suppose,  and  yet  we  have  over  a 
hundred  vagrarits  at  night.  They  take  them  in  only  for  three  nights.  They 
have  a  place  similar  to  ours,  but  not  so  good.  They  have  just  a  small  house  and 
a  large  covered  yard  for  the  purpose  of  providing  work  for  the  men  splitting 
wood  and  so  on.  They  are  not  quite  so  gentle  as  we  are.  They  turn  them  out 
very  early,  while  it  is  yet  dark.  If  the  vagrants  remain  more  than  three  days 
they  have  t  •  go  to  tlje  House  of  Correction  to  be  dealt  with  in  the  same  wa}  as 
otlier  prisoners.  In  Baltimore,  with  between  400,000  and  500,000,  they  have  no 
provision  whatever  for  tramps." 

Toronto  is  the  chief  winter  quarters  of  the  army  of  tramps  that  infest  this 
Province.  During  the  summer  they  are  scattered  over  the  districts,  not  too  remote 
Ironi  that  city,  in  which  experience  has  taught  them  that  they  can  most 
easily  make  a  living  by  doing  small  jobs,  by  begging  or  by  pilfering ;  and  as  winter 
approaches  they  set  out  on  their  return,  following  almost  invariably,  the  same 
tiacks.  Thus,  while  they  swarm  in  some  towns,  they  ^ive  little  trouble  in  others. 
They  visit  Milton  in  large  numbers,  and  as  there  is  no  lock-up,  find  their  way  to 


112 


the  gaol,  where  they  obtain  a  night's  shelter,  room  to  sleep  on  the  floor,  and  a 
meal  or  two.  In  some  cases  they  are  taken  to  the  gaol  by  a  constable,  but  in 
man}^  cases  they  are  themselves  the  bearers  of  the  warrants  for  their  own  com- 
mitment which  they  procure  fiom  some  accommodating-  justice  of  the  peace  or 
constable.  They  seldom  remain  in  Milton  more  than  one  night,  and  they  are 
■'  let  go  "  in  the  morning  as  a  rnatter  of  course. 

Although  the  number  of  vagrants  committed  to  the  gaols  is  so  large,  that  is 
by  no  means  the  whole  number.  Where  there  are  police  stations  and  lock-ups, 
mrany  receive  a  night's  shelter  of  whom  no  account  is  made  in  the  gaol  returns, 
and  in  Toronto  great  care  is  taken  to  save  the  tramps  from  the  necessity  of  going 
to  gaol,  in  order  that  those  who  are  honestly  seeking  work  and  willing  to  labour, 
may  not  undergo  the  degradation  and  loss  of  self-respect  which  are  usually  the 
consequences  ot  imprisonment  in  a  gaol. 

Rev.  Mr.  Baldwin  describing  the  treatment  of  vagrants  in  Toronto,  to  the  com- 
missioners said  : — "  I  have  visited  other  places  on  this  continent  and  I  have  found 
that  in  the  cities  of  the  United  States,  where  they  have  three  times  the  population, 
there  is  only  a  tithe  of  the  number  of  vagrants  we  have.  It  seems  almost  incredible 
that  we  should  have  in  the  city  1,481  tramps  last  winter  at  one  institution,  and  that 
some  of  these  actually  stayed  for  nearly  200  nights  in  this  place  that  we  have  pro- 
vided. Three  hundred  and  fifty  stayed  for  one  night,  300  for  two  nights,  147  for 
three  nights,  and  so  you  go  on  increasing  until  you  come  to  get  20  and  21  staying 
108  nights.  I  find  that  we  had  last  year  150  recurring  visitors,  that  is  persons  who 
were  with  us  the  year  before  and  who  turned  up  again,  so  that  you  have  a  regular 
army  of  these  people.  Now,  our  difficult}'  is  that  we  are  obliged  to  take  them  in 
every  night  as  we  do  not  wish  to  have  any  one  in  Toronto  begging  for  lodgings.  We 
compel  them  to  be  bathed  in  hot  water  every  night.  '  This  they  do  not  like. 
They  are  required  to  cut  a  quarter  cord  of  wood  each  in  the  morning  ;  but 
last  winter  as  the  weather  was  mild,  wood  enough  to  give  this  employment  to 
«very  one  could  not  be  supplied."  Mr.  Baldwin  also  said  "we  could  not  send  them 
to  Toronto  gaol  because  that  would  be  simply  making  criminals  of  them,  and 
once  broken  in  to  going  there,  these  people  would  find  the  gaol  ten  times  more 
comfortable  thnn  our  quarters.  If  you  give  men  a  good  time  in  gaol,  you  are,  with 
the  loafing  system  now  going  on,  doing  them  a  great  deal  of  harm.'  A  great 
many  of  these  men  are  honest  and  industrious  and  sincerely  desirous  of  getting 
work  to  do,  but  many,  including  those  who  spend  so  many  nights  in  the  House 
■of  Industry,  and  those  who  return  year  after  year,  are,  he  thinks,  constitutionally 
lazy  and  desire  only  to  lead  an  idle  life.  Some  means  of  compelling  them  to 
work  without  subjecting  them  to  the  degradation  of  being  sent  to  gaol,  he 
thought,  .should  be  provided.  A  workhouse  or  a  house  of  correction  or  refuge, 
some  institution  differing  from  the  gaol,  and  away  from  it,  in  which  various 
mechanical  and  other  employments  could  be  carried  on  should  be  erected  in  any 
suitable  position  near  Toronto.  "  To  keep  them  in  comfortable  quarters  and 
allow  them  to  live  in  idleness  is  not  the  way  to  get  rid  of  them.'  Mr.  Baldwin 
did  not  think  that  in  general  drunkenness  has  much  to  do  with  the  position  of  the 
vagrants,  although  it  is  quite  probable  that  some  of  the  persons  committed  to  gaol 
as  drunk  and  disorderly  belong  to  that  class,  and  attempts  have  been  made  to 
introduce  liquor  in  the  House  of  Industry.  Hard  work  and  strict  discipline  he 
regards  as  the  best  means  of  getting  rid  of  the  professional  vagrant. 

Mr.  Gjldwin  Smith  said:— I  think  that  the  gaol  should  under  no  circumstances, 
be  used  as  an  almshouse  or  place  of  refuge.  It  ought  to  be  used  as  a  penal 
institution.  My  recommendation  is,  that  the  House  of  Industry  should  be  simply 
a  refuge  fur  the  old,  feeble  and  disabled.  What  is  termed  a  casual  ward  should 
be  turned  into  a   House  of   Correction  or  some   institution  of  that   kind,   an  i 


113 


worked  by  the  city  on  strict  principles  for  that  class."  Of  the  proposal  to 
establish  poor  houses,  he  said  "  I  cannot  imagine  anybody  thinking  that  if  they 
were  properly  administered  they  would  be  pauperising  or  demoralising  in  any 
way  ;  but  if  relief  were  indiscriminatelj'-  ^t^iven,  that  would  be  pauperising 
decidedly. 

Hon.  G.  W.  Allan  would  be  sorry  to  see  the  House  of  Industry,  which  as 
now  constituted  does  a  good  work,  and  a  House  of  Correction  mixed  up  together. 
And  he  questioned  how  far  a  House  of  Correction  would  be  successful  in  dealing 
with  the  class  now  relieved  there. 

In  several  counties  in  which  there  are  no  poor  houses  the  gaols  are  used  for 
the  reception  of  the  aged  and  infirm  who  are  committed  as  vagrants.  In  some 
cases  when  the  term  for  which  a  vagrant  may  be  committed  expires,  the  old  man 
or  woman  goes  out  of  the  gaol  to  be  recommitted  as  a  vagrant  within  an  hour  or 
two.  In  some  cases  the  formality  of  sencMng  the  poor  person  out  of  the  gaol  is  dis- 
pensed with  as  an  unnecessary  ceremony,  and  the  warrant  is  renewed  or  a  fresh 
warrant  is  obtained  whenever  the  gaoler  applies  for  it.  On  June  30th,  1890, 
Sheriff  Flintoff,  of  Sarnia,  wrote  to  the  Inspector  of  Prisons  to  inform  him  that  a 
woman  named  Mary  O'Dell,  said  to  be  94  years  of  age,  had  been  committed  to 
the  gaol  at  that  town  as  a  vagrant,  and  stating  that  as  there  was  then  no  other 
woman  in  the  gaol  who  could  b.^  made  use  of  in  looking  after  this  old  woumn, 
und  she  was  too  infirm  to  take  care  of  herself,  he  thought  it  his  duty  to  employ 
a  special  attendant  to  wait  on  her  and  take  charge  of  her.  This  is  an  extreme 
case,  but  there  are  very  man}'  aged  and  infirm  people  who  have  never  been  guilty 
of  any  crime  or  serious  offence,  who  liave  led  honest  industrious  lives,  working 
hard  while  it  was  possible  to  work,  who  are  thus  disgraced  and  humiliated  in 
their  old  age,  branded  as  violators  of  the  law  and  compelled  to  consort  witk 
criminals.  And  in  several  counties  these  fcu-m  a  very  large  proportion  of  all  who 
are  cfessed  as  vagrants. 

It  is  not  necessary  to  argue  that  these  poor  people  should  not  be  regarded  or 
treated  or  classed  as  offenders,  or  that  the  cruel  and  barbarous  practice  of  send- 
ing them  to  spend  the  remainder  of  their  days  in  the  gaols  should  be  put  an  end 
to.  The  counties  in  which  this  practice  has  been  followed  should  be  compelled  to 
make  proper  provision  for  their  aged  and  infirm  poor.  A  report  of  a  special 
committee  appointed  by  the  county  council  of  the  Count}^  of  Victoria,  to  obtain 
information  and  report  as  to  the  best  means  of  providing  for  the  infirm  poor  in 
that  county,  seems  to  prove  beyond  doubt  that  they  can  be  most  satisfactorily  and 
most  economically  cared  for  in  a  well  managed  poor  house.  There  can  be  no 
excuse  for  treating  them  as  criminals. 

Deducting  these  there  still  remains  a  large  number  who  really  are  tramps  to 
be  dealt  with.     The  evidence  goes  to  show  that  these  may  be  classified  as  follows  : 
Those  who  are  willing  to  work,  who  go  from  place  to  place  honestly  looking 
for  woik  and  who  are  unable  to  find  steady  employment. 

Those  who  are  willing  to  work  and  who  do  work  hard  occasionally,  but  who 
are  dissolute  or  improvident,  indulging  in  what  they  call  sprees  whenever  they 
earn  a  few  dollars,  and  finding  themselves  without  money  or  resources  of  any 
kind  at  the  beginning  of  winter. 

The  professional  tramps  who  dislike  and  avoid  work  who  loam  over  the 
country  in  summer,  working  only  when  the}^  can  not  procure  food  by  begging 
or  stealing,  and  then  doing  only  the  lightest  kind  of  work  and  as  little  of  it  as 
possible,  and  who  flock  to  Toronto  and  other  cities,  and  towns  in  winter  to  take 
up  their  residence  in  the  gaols  or  houses  of  industry,  or  to  continue  their  habits 
of  pilfering.  In  this  class  are  to  be  found  many  who  are  drunkards  and  thieves, 
and  who  are  capable  of  committing^the  most  atrocious  crimes. 

8  (P.O.) 


114 


Care  should  be  taken  to  discriminate  between  these  classes.  The  honest  in- 
dustrious man  whom  misfortune  has  forced  to  travel  in  quest  of  employment 
should  be  treated  charitably  and  kindly.  He  should  be  assisted  in  his  efforts  to 
find  employment,  and  nothing  should  be  done  that  would  tend  to  degrade  him,  or 
to  destroy  such  self-respect  as  he  may  be  able  to  retain  when  compelled  to  seek 
relief. 

The  reckless  and  improvident  should  be  required  to  give  full  value  in  work 
for  the  shelter  and  food  they  receive  in  gaols  or  other  institutions.  There  does 
not  seem  to  be  much  reason  to  fear  that  men  who  year  after  year  waste  their 
earnings  in  debauchery  would  be  degraded  by  being  sent  to  gaol  or  to  a  house  of 
correction,  where  they  would  be  kept  under  strict  discipline  and  compelled  to  do  a 
full  day's  work  every  day. 

Professional  vagrants  should  be  treated  with  more  severity.  If  any  of  them 
are  known  to  be  merely  worthless  fellows  addicted  to  drink,  they  may  be  sent  to 
the  Industrial  Inebriate  Reformatory  for  terms  of  not  less  than  six  months.  But 
those  who  will  not  work,  who  prefer  to  take  up  their  winter  quarters  year  after 
year  in  the  gaols  or  in  the  House  of  Industry,  should  if  they  will  not  settle  down 
to  some  regular  steady  employment,  be  treated  as  dangerous  and  sent  for  a 
term  of  not  less  than  six  months  to  the  Central  Prison. 

The  honest  tramps  who  desire  to  obtain  employment,  all  the  witnesses  except 
perhaps  Rev.  Mr.  Baldwin  agree,  are  comparatively  few.  ITie  number  of  the 
others  would  be  reduced  very  rapidly  if  they  were  treated  as  they  should  be. 
Indeed  it  is  in  evidence  that  the  gaols  in  which  vagrants  are  required  to  do  real 
work  are  systematically  shunned  by  them,  and  that  in  several  instances  the  intro- 
duction of  such  work  has  been  followed  by  the  disappearance  of  the  vagrants. 

The  commissioners  did  not  find  anywhere  in  the  United  States  an  institution 
devoted  especially  or  very  largely  to  the  care  of  vagrants  Workhouses  and 
houses  of  correction  are  not  refuges  for  the  unemployed  as  some  witnesses  seemed 
to  imagine,  but  penal  institutions  similar  in  many  respects  to  the  Ontario  Central 
Prison,  and  imprisonment  in  them  is  regarded  as  a  much  greater  punishment  than 
imprisonment  in  a  gaol  for  the  same  period. 

The  conmiissioners  found  that  some  gaols  are  also  used  for  the  continement  of 
imbeciles  and  harmless  insane  persons,  who  are  not  regarded  as  fit  subjects  for 
tieatment  in  a  lunatic  asylum.  Such  persons  should  be  placed  in  the  poor  house, 
and  employed  as  far  as  possible  in  farm  and  other  outdoor  work.  The  fact  that 
proper  provision  is  not  made  for  this  class  is  another  argument  in  favor  of  the 
compulsory  establishment  of  poor  houses. 

The  Common  Gaols. 

It  is  difficult  to  learn  much  of  the  manner  in  which  prisons  were  manao-ed 
in  the  old  world.  It  is  evident,  however,  that  imprisonment  in  itself  was  not 
often  regarded  as  a  penalty,  and  that  prisons  were  used  rather  as  places  of 
detention  than  of  punishment.  The  Mamer tine, the  most  famous  of  the  old  Roman 
prisons  still  remains  to  prove  this.  Its  dimensions  are  but  25  feet  by  18,  and 
it  is  but  13  feet  in  height.  It  is  larger,  however,  than  the  more  ancient  TuUian 
prison  over  which  it  is  built.  The  crimes  of  slaves  who  formed  so  laro-e  a 
portion  of  the  population  of  Imperial  Rome  were  usually  punished  by  tlieir 
masters,  whose  power  in  their  regard  was  absolute,  and  others  were  punished  by 
death  or  banishment  or  by  being  sentenced  to  work  in  the  galleys  for  life.  In 
Saxon  times  criminals  were  tried  and  sentenced  by  the  Folksmoot,  and  punish- 
ment was  inflicted  by  the  local  authorities.  Of  any  mode  or  system  of 
imprisonment  then   existing  little  can  be   learned.      In  mediaeval   Europe   the 


115 


stronghold  of  every  feudal  lord  had  its  dungeon,  and  when  the  English  kino^ 
began  to  send  their  lords  justices  to  hold  circuit  courts  for  the  trial  of  the  more 
serious  offences  they  were  actuated  quite  as  much  by  a  desire  to  secure  for  them- 
selves the  fees,  fines  and  forfeitures,  which  so  long  formed  a  considerable  part  of 
their  revenue  as  by  a  regard  for  justice.  Between  the  prisons  of  the  sovereign 
and  of  the  feudal  lord  there  was  little  difference,  except  in  size  or  strength. 
Crimes  were  punished  promptly  by  death,  by  the  putting  out  of  the  ofi'ender's 
eyes  or  the  mutilation  of  his  limbs,  by  branding,  whipping,  and  the  forfeiture  of 
all  or  part  of  the  offenders'  goods  ;  until  a  comparatively  late  period  executions 
were  very  frequent.  The  English  criminal  code,  Dickens  in  his  American  notes 
describes  as  the  most  sanguinary  in  Europe.  Sir  James  F.  Stephen  quotes  Black- 
stone  to  show  that  the  English  law  made  160  different  offences  capital  crimes  and  the 
number  it  is  stated  was  afterw^ards  increased.  It  is  not  to  be  supposed  that  in 
every  case  the  prisoner  convicted  of  any  of  these  crimes  was  executed  ;  but 
many  were  put  to  death  for  offences  that  would  now  be  considered  trivial. 
Crimes  not  capital  were  punished  by  the  cutting  off  of  the  right  hand  by  brand- 
ing and  scourging,  and  minor  offences  by  the  pillory. 

For  the  ordinary  criminal  there  was  little  thought  or  consideration.  The 
condition  of  the  gaols  in  England  was  so  frightful  that  sonie  Acts  of  Parliament 
were  passed  to  correct  the  most  glaring  abuses.  The  Act  1'-*  Charles  II.,  c.  4,  says, 
"  Whereas  there  is  not  yet  any  sufficient  provision  made  for  the  relief,  and  setting 
on  work  poor  and  needy  prisoners  committed  to  the  common  gaol  for  felony  and 
other  misdemeanours  who  many  times  perish  before  their  trial ;  and  the  poor 
there  living  idle  and  unemployed  become  debauched  and  come  forth  instructed 
in  the  practice  of  thievery  and  lewdness  :  for  remedy  whereof  be  it  enacted 
that  the  justices  of  the  peace  of  the  respective  counties  at  any  of  their  geneial 
sessions,  or  the  major  part  of  them  then  there  assembled,  if  they  shall  find  it 
needful  to  do  so,  may  provide  a  stock  of  such  materials  as  they  find  convenient 
for  the  setting  poor  prisoners  on  work."  Like  other  permissive  statutes  of  the 
same  kind  this  seems  to  have  had  little  effect.  So  late  as  14  George  III.,  an 
Act  was  passed  which  says:  Whereas  the  malignant  fever,  commonly  called  the  gaol 
distemper,  is  found  to  be  owing  to  want  of  cleanliness  and  fresh  air  in  the  several 
gaols,  the  fatal  consequences  whereof  might  be  prevented  if  the  justices  of  the 
peace  were  duly  authorized  to  provide  such  accommodation  in  gaols  as  may  be 
necessary  to  answer  this  salutary  purpose  :  it  is  enacted  that  the  justices  shall 
order  the  walls  of  every  room  to  be  scraped  and  whitewashed  once  every  year 
.  .  .  and  constantly  supplied  with  hand  ventilators  or  otherwise:  and  shall 
order  two  rooms  in  each  gaol,  one  tor  the  men  and  one  for  the  women,  to  be  set 
apart  for  the  sick  prisoners,  directing  them  to  be  removed  into  sucli  rooms  as 
soon  as  they  shall  be  seized  with  any  disorders,  and  kept  separate  from  those  who 
shall  be  in  health,  and  shall  order  a  warm  and  cold  bath,  or  commodious  bathing 
tubs,  to  be  provided  in  each  gaol,  and  direct  the  prisoners  to  be  washed  in  them 
according  to  the  condition  in  which  they  shall  be  at  the  time,  before  they  are 
sufiered  to  go  out  of  the  gaol  upon  any  condition  whatever."  Ten  years  after,  an 
Act  was  passed  to  provide  for  the  classification  of  prisoners.  This  required  the 
justices  ot  the  peace,  when  they  built,  reconstructed,  enlarged  or  altered  any  gaol, 
to  adopt  such  plans  as  "  shall  provide  separate  and  distinct  places  of  confinement 
and  dry  and  airy  cells  in  which  the  several  prisoners  of  the  following  descriptions 
respectively  may  be  confined  as  well  by  day  as  by  night,  namely  :  prisoners 
convicted  of  felony  ;  prisoners  committed  on  charge  or  suspicion  of  felony  ; 
prisoners  committed  for  or  adjudged  to  be  guilty  of  misdemeanors  only,  and 
debtors.  The  males  of  each  class  to  be  separated  from  the  females,  and  a 
separate  place  of    confinement  to  be  provided  for  such   prisoners  as  are  to  be 


116 


•examined  as  witnesses  on  behalf  of  any  prosecution  of  any  indictment  for 
felony."  This  Act  also  made  provision  for  infirmaries  for  the  sick,  for  warm  and 
cold  iDaths,  and  for  the  construction  or  setting  apart  of  a  chapel. 

These  latter  Acts,  the  passage  of  which  was  due  chiefly  to  the  earnest  efforts 
of  Howard  who  about  that  time  had  succeeded  in  directing  the  attention  of  the 
English  public  to  the  necessity  for  prison  reform,  and  in  gaining  the  assistance  of 
the  charitable  and  philanthropic  in  his  great  work  did  not  in  reality  effuct 
immediately  any  general  improvement.  His  descriptions  of  the  horrors  he  witnessed 
in  the  gaols,  of  the  physicial  suffering  and  moral  degradation  to  which  all  were 
doomed  who  were  imprisoned  for  any  cause,  and  his  passionate  and  persistent 
appeals  to  the  justice,  the  humanity  and  the  charity  of  the  public  ])i-oved  in 
time  sufficient  to  move  Parliament  to  pass  such  Acts,  but  failed  in  the  great 
majority  of  cases  to  move  the  justices  in  quarter  sessions,  and  the  powerful  cor- 
porations of  the  boroughs  to  whom  were  still  entrusted  the  care  and  management 
of  the  gaols.  Gloucestershire,  it  is  said,  was  the  first  to  take  active  measure  >  for 
prison  reform.  One  of  its  mosj:  influential  justices  was  an  intimate  friend  of 
Howard's,  and  through  his  efforts  a  gaol  with  separate  cells  in  tiers  such  as  are 
now  to  be  seen  in  all  large  prisons  was  constructed.  The  plan  of  this  prison,  it 
is  said,  was  suggested  by  Howard,  who  had  seen  and  admired  such  prisons  at 
Rome,  Milan  and  Ghent.  The  rich  and  powerful  corporation  of  the  City  of 
Loudon  completely  disregarded  the  Acts  we  have  quoted  and  all  other  Acts 
passed  for  prison  reformation. 

In  December,  181;7,  Mr.  T.  Fowell  Buxton  visited  the  Borough  Compter,  one 
of  the  prisons  belonging  to  the  city  of  London.  Hifi  says  of  it,  "  On  entrance  you 
come  to  the  male  felons'  ward  and  yard  in  which  are  both  the  tried  and  the 
untried,  those  in  chains  and  those  without  them,  boys  and  men,  persons  for  petty 
offences  and  for  the  most  atrocious  felonies,  for  simple  assault,  for  being  dis- 
orderly, for  small  thefts,  for  issuing  bad  notes,  for  forgery  and  for  robbery. 
They  were  employed  in  some  kind  of  gaming  and  they  ^said  they  had  nothing 
else  to  do.  A  respectable  looking  man,  a  smith,  who  had  never  been  in  prison 
before,  told  me  that  the  conversation  always  going  on  was  sufficient  to  con  upt 
anybody,  and  that  he  had  learned  things  there  he  had  never  dreamed  of  before. 

"  You  next  enter  a  yard  nineteen  feet  square;  this  is  the  only  airing  place  for 
male  debtors  and  vagrants,  female  debtors,  prostitutes,  misdemeanants  and 
criminals,  and  for  their  children  and  friends.  There  have  been  as  many  as  thirty 
women,  we  saw  thirty-eight  debtors  and  the  governor  stated  there  may  be 
twenty  children." 

On  une  occasion  he  saw  all  the  debtors  collected  in  a  room  which  was  their 
day  room,  bed  room,  kitchen  and  chapel.  "  The  portion  used  for  sleeping  was 
twenty  feet  in  length  by  nine  feet  six  inches  in  width.  Of  the  width  six.  feet 
was  for  beds.  In  this  space  were  eight  straw  beds  with  two  boys  in  each  and  a 
piece  of  wood  for  a  bolster,  and  in  these  eight  beds  twent}^  prisoners  had  slept 
the  night  before.  One  of  the  twenty  was  in  such  a  dreadful  condition  that  none 
of  the  others  would  sleep  with  him.  In  the  morning  the  stench  and  heat  were  so 
oppressive  that  the  prisoners  on  awaking  rushed  into  the  yard  for  relief  without 
waiting  to  clothe  themselves,  and  the  turnkey  said  that  the  smell  on  the  first 
opening  of  the  door  was  enough  to  turn  the  stomach  of  a  horse."  There  were  two 
such  rooms  so  occupied.  The  prisoners  presented  a  sickly  squalid  appearance  and 
Mr.  Buxton  says  he  never  saw  a  hospital  or  infirmary  in  whicii  the  patients 
exhibited  so  much  ill  health.  .At  another  visit  he  found  thirteen  criminals  in 
this  gaol  all  looking  ill  and  some  sick  of  fever  and  infectious  diseases,  yet  all 
slept  together.  Mr.  Buxton  continues  "  I  feel  I  shall  hardly  be  credited  when  I 
assure  my  readers  that  as  yet  I  have  not  touched  upon  that  point  in  this  prison 


117 


which  I  consider  the  most  lamentable,  the  proximity  between  tlie  male  debtors 
and  the  female  prisoners.  Their  doors  are  about  seven  feet  asunder  on  the  same 
floor,  these  are  open  in  the  day  time  and  the  men  are  forbidden  to  go  into  the 
women's  ward,  but  after  the  turnkey  left  us  they  confessed  that  they  constantly 
wont  in  and  out,  and  that  there  is  no  punishment  for  doing  so."  The  governor 
of  this  gaol  in  his  evidence  stated  that  he  could  not  say  that  it  was  impossible 
for  the  me»  to  get  into  the  sleeping  rooms  of  the  women,  and  that  nothing  is 
done  to  prevent  them  if  the  parties  consent.  Mr.  Buxton  adds  that  the  male 
debtors  reside  without  any  partition  but  an  open  space  of  seven  feet,  close  by 
females  sent  there  for  debt,  for  assault,  for  misdemeanours  and  for  prostitution. 
He  says,  "  I  will  fairly  declare  my  opinion  that  if  invention  had  been  racked  to 
find  out  methods  of  corrupting  female  virtue,  nothing  more  ingenirmsly  effectual 
could  have  been  discovered  than  the  practices  of  the  Borough  Compter 
No  provision  of  labor  is  appointed  .  .  As  I  stood  in  the  yard  instead  of  hear- 
ing, as  I  have  elsewhere  heard,  the  sounds  so  grateful  in  a  prison  the  rap  of  the 
hammer  and  the  vibrations  of  the  shuttle,  our  ears  were  assailed  with  loud 
laughter  and  the  most  fearful  curses.  When  we  entered  we  saw  three  separate 
parties  at  cards  one  man  reading  a  novel  and  one  sitting  in  a  corner  intent  upon 
his  Bible." 

At  Tothill-fields  Mr.  Buxton  found  in  the  first  yard  felons  tried  and  untried,, 
men  and  boys  ;  at  the  end  of  this  Was  a  narrow  airing  place  for  the  sick  in  the 
infirmary,  and  beyond  that  the  vagrants'  yard  separated  only  by  open  iron  work, 
so  that  the  patients  communicated  with  the  felons  on  one  side  and  the  vagrants 
on  the  other.  One  of  the  Acts  of  the  reign  of  George  III.  forbids  imprisoning 
persons  under  ground,  but  here  many  of  the  wards  in  which  the  prisoners  slept 
were  sunk  below  the  level  of  the  ground  and  that  was  below  high  water  mark. 
The  cells  were  damp  and  cold,  many  prisoners  crowded  into  a  cell  to  keep  them- 
selves warm,  and  the  jailor  said  that  having  occasion  to  open  the  door  of  one  of 
these  cel'ite  in  the  night  the  effluvium  was  intolerable.  Straw  and  a  blanket  for  two 
men  was  the  allowance  of  bedding.  Several  of  the  prisoners  suffered  from  acute 
rheumatism. 

The  Borough  gaol  was  a  wooden  structure,  the  windows  of  which  opened  on 
a  street.  Conversation  could  be  carried  on  from  the  street  and  articles  not  too 
bulky  passed  in.  The  prisoners  were  thus  enabled  frequently  to  become  drunk. 
The  women  slept  in  a  large  room  separated  from  the  room  in  which  the  men 
slept  only  by  a  very  open  lattice  work,  and  the  men  received  light  and  air  only 
through  this  lattice. 

In  Guildford  gaol  the  prisoners,who  sometimes  numbered  a  hundred,  had  one 
day  room  9  feet  10  inches  by  9  feet  6  inches  and  8  feet  3  inches  high,  but  if  a 
prisoner  preferred  he  may  be  shut  up  all  day  in  his  sleeping  cell.  The  bedding  was 
straw  with  a  blanket  and  rug  for  two  persons.  All  who  were  confined  for  felony 
whether  tried  and  convicted  or  untried  were  loaded  with  heavy  irons.  Half  the 
prisoners  were  without  shirts  or  shoes  or  stockings  and  suffered  much  from  the 
cold.  There  was  no  infirmary,  no  chapel,  no  privy,  no  baths,  such  as  the  Act  of 
Parliament  seemed  to  provide  for,  and  the  prisoners  were  all  dirty  in  the 
extreme.  There  was  no  classification.  A  man  charged  with  murder,  several 
convicted  of  housebreaking  and  for  bastardy  and  some  deserters  occupied  one 
cell.  Amongst  those  committed  to  this  gaol  were  vagrants,  poachers,  persons 
charged  with  assaults,  a  man  for  getting  drunk  in  a  workhouse  and  refractory 
farm  servants,  and  these  herded  day  and  night  with  most  hardened  criminals. 

Cells  had  been  introduced  in  some  gaols,  but  they  were  always  crowded.  In 
Horsemonger  Lane  house  of  correction  the  cells  were  about  six  feet  by  eight. 
Three  men  were  usually  placed  in  each  of  these  at  night,  and  sometimes  as  many 


118 


as  five.  There  was  but  one  bedstead,  22  inches  wide.  A  lawyer  committed  to 
Newgate  on  a  charge  of  fraud  was  forced  to  sleep  for  weeks  with  a  highwayman 
on  one  side — in  the  same  bed — and  a  murderer  on  the  other.  Strong  drink  was 
freely  introduced,  and  the  lawyer  found  it  necessary  to  adopt  the  manners  and 
habits  of  his  associates  to  avoid  danger  to  his  life. 

All  the  prisons  were  not  so  bad  as  these  in  Mr.  Buxton's  time.  He  describes 
the  Bury  gaol  and  house  of  correction  as  the  best  constructed  of  any  he  had  seen 
in  England.  Classification  was  carried  "  to  almost  its  greatest  limit,  employment 
was  provided  for  the  prisoners  and  cleanliness  prevailed  everywhere.  It  had  84 
separate  sleeping  cells  and  when  it  was  necessary  to  put  more  than  one  in  a  cell 
the  governor  always  placed  three  together,  having  had  reason  to  apprehend  that 
evil  arises  if  two  sleep  in  the  same  cell."  This  gaol  Mr.  Buxton  says,  "  reflected 
the  highest  credit  on  the  magistrates  of  the  district." 

The  exposures  made  by  Mr.  Buxton,  who  was  rewarded  with  a  baronetcy  for 
the  services  he  rendered — and  of  others  who  co-operated  with  him  revived  the 
public  interest  in  prison  reform  and  led  to  important  changes.  Not  only  were 
Acts  of  Parliament  passed  as  a  result  of  the  enquiries  made  by  the  Duke  of 
Richmond's  Parliamentary  Committee,  but  the  government  assumed  the  respon- 
sibility of  having  them  enforced  thi'ough  inspectors  and  other  officers  appointed 
for  the  purpose.  In  course  of  time  all  that  was  absolutely  prejudicial  to  the 
health  and  morals  of  the  prisoners,  all  that  was  utterly  disgraceful  disappeared. 
The  horrors  described  by  Mr.  Buxton  scarcely  existed  even  in  the  public  recollec- 
tion, but  the  county  and  borough  gaols  did  not  become  what  they  now  are  until 
1877,  when  the  government,  partly  as  a  measure  of  relief  to  the  landed  interest 
then  complaining  loudly  of  its  special  burdens,  undertook  the  maintenance  ol  all 
those  gaols  and  at  the  same  time  assumed  the  absolute  control  of  them,  leaving 
to  the  boards  of  sessions  and  borough  councils  only  power  to  appoint  or  nomin- 
ate visitors  who  possess  little  or  no  power  beyond  that  of  making  inspections 
and  sending  reports  to  the  sessions  or  to  the  Secretary  of  State  when  they  choose. 
The  gaols  of  Great  Britain  are  now  in  many  respects  models  for  the  world.  The 
criminal  code,  too,  once  properly  described  as  the  most  sanguinary  in  Europe, 
has  undergone  a  complete  change  and  has  become  one  of  the  most  clement  and 
reasonable.  This  great  change  was  largely  the  work  of  Sir  Samuel  Romilly, 
whose  name  will  ever  be  associated  with  it ;  but  several  great  statesmen  helped  to 
completion  the  work  begun  by  him. 

One  of  the  effects  of  the  change  was  the  reduction  in  the  number  of  commit- 
ments to  the  gaols.  There  is  probably  no  room  to  doubt  that  the  more  strict 
discipline  and  the  general  adoption  of  solitary  confinement  in  the  gaols,  has  bad 
a  wholesome  deterrent  effect  on  those  addicted  to  drunkenness,  brawling  and 
other  vicious  habits,  causing  them  not  merely  to  pay  fines  when  convicted  rather 
than  go  to  gaol,  but  in  many  cases  causing  them  to  act  with  greater  circumspection. 
The  reduction  in  the  number  of  commitments  has  led  to  a  reduction  in  the 
number  of  gaols.  In  1877  there  were  118  prisons  in  England,  56  in  Scotland  and 
42  county  prisons,  and  100  bridewells  in  Ireland.  In  1880  the  number  was 
reduced  to  G9  in  England  and  40  in  Scotland.  In  Ireland  the  42  county  prisons 
remained,  but  nearly  all  the  bridewells  were  closed.  In  1889  there  were  only 
59  local  prisons  in  England  and  Wales,  only  16  local  prisons  and  28  police  cells 
so  called  in  Scotland,  and  in  Ireland  only  19  district  prisons,  6  minor  prisons 
and  18  bridewells. 

Dr.  E.  C.  Wines,  in  his  work  published  in  1880,  says,  "  I  have  generally- 
visited  and  inspected  many  of  the  convict  and  other  prisons  in  England.  The 
prison  buildings  are  sub.stantial  and  pleasing  structures,  generally  on  the  radi- 
ating plan,  with  lofty  towers  attached  for  purposes  of  ventilation.     The  grounds 


119 


are  handsomely  laid  out  with  pastures  and  gravelled  walks,  and  ornamented 
with  flowers,  vines,  and  shrubbery.  The  cells  are  large,  airy  and  well  lighted, 
each  having  a  water-closet,  gas  burner  and  other  appliances  for  convenience  and 
comfort.  The  chapels  (I  speak  generally),  are  of  ample  dimensions,  with  groined 
roof,  and  well  suited  to  produce  a  solemn  and  soothing  eflect  upon  the  mind. 
An  extraordinary  cleanliness  reigns  everywhere.  One  is  particularly  struck 
with  the  brightness  of  the  brass  fittings  and  the  polish  of  the  metal  staircases. 
The  hospital  accommodations  are  excellent.  The  ventilation,  drainage  and  other 
sanitary  arrangements  are  the  best  that  science  can  supply.  The  discipline  is 
exact  and  rigidly  enforced.  There  is  a  certain  charm  in  the  symmetry,  harmony 
and  clock-like  regularity  of  the  whole  which  takes  away,  at  least,  from  the  first 
view  the  awe  and  horror  anticipated  by  the  inexperienced  observer. 

"  But  there  is  unhappily  a  i^er  contra.  While  the  material  aspect  is  perfect, 
and  the  material  efficiency  very  high,  the  moral  action  appeared  to  me  rather 
feeble — not  in  all,  but  more  often  than  otherwise.  The  shell  seemed  to  be  pre- 
ferred to  the  kernel,  the  form  to  the  substance,  and  reformatory  discipline  to  be 
made  of  less  account  than  punitory  inflictions.  Too  little  account  is  made  of  in- 
dustrial work;  too  much  of  wasted  labour — crank,  shot  drill,  treadmill  and  the  like. 
The  will-power  of  the  prisoners  is  not  adequately  developed.  Seventy  years 
experience  of  men  ;  seventy  years'  work  amongst  men  have  impressed  one  idea 
upon  my  mind  ;  it  is,  that  nothing  can  be  done  with  men  except  through  the 
will,  and  the  will  can  be  reached  only  through  the  intelligence  and  the  heart. 
¥ov  this,  religion  in  all  its  freedom  and  power  is  necessary  ;  and  in  the  case  of 
prisoners  progressive  classification  whereby  the  motives  which  control  men  in 
free  society  ;  and  urge  them  to  industry  and  virtue  may  act  steadily  and  efiect- 
ively  upon  them,  determining  to  good  the  choices  of  their  will  and  the  actions  of 
their  life." 

Dr.  Wines  evidently  wrote  thus  of  the  prisoners  known  in  England  as  con- 
victs, and  of  the  long  time  prisoners  in  the  local  prison'*,  who  are  few  compared 
to  those,  who  undergo  sentences  for  terms  varying  from  two  or  three  days  to 
one  year. 

Various  industries  have  been  introduced  in  the  English  local  prisons.  Dr. 
Wines  states  that  sack  making,  wood  cutting,  jet  cutting,  saddlery,  wool  carding, 
marble  grinding,  cooperage,  brush  making,  gardening,  making  ships  fenders, 
spectacle  case  making,  printing,  book-binding,  flax  dressing,  gum  making,  rope 
making,  cheap  net  manufacture,  whiting  making,  clog  making,  mat  making, 
stone  breaking,  bricklaying,  masonry  and  painting  were  carried  on  when  he 
visited  the  gaols.  The  earnings  then  varied  very  greatly,  the  highest  being  $110 
per  head,  at  Darvenport.  In  some  cases  the  earnings  were  very  small,  but  the 
new  system  could  scarcely  have  been  fully  organized  then. 

The  condition  of  the  Scotch  gaols  was  quite  as  bad  as  that  of  the  English. 
The  inspector  to  whom  the  work  of  reformation  was  entrusted,  Mr.  Frederick 
Hill,  was  fortunately  a  man  of  enlightened  views,  an  intelligent  and  zealous 
reformer,  and  we  are  told  that  in  ten  years  under,  his  energetic  administration,  a 
clean  sweep  was  made  of  all  the  old  prison  abominations  of  Scotland,  and  a  new 
and  improved  system  organized  and  put  in  working  order. 

Of  the  effect  of  the  new  system  in  Ireland,  the  annual  report  of  the 
Howard  Association  said,  after  some  two  years  experience,  "  The  new 
prison  Act  is  a  reality  for  Great  Britain;  but  as  to  Ireland,  its  results 
are  very  disappointing.  Yet,  there  it  was  specially  needed.  There 
are  besides  bridewells,  38  county  and  borough  gaols  in  Ireland.  Altogether 
hey  contain  under  three  thousand  prisoners — that  is  to  say,  fewer 
than  the  two  English  gaols  of   Coldbathfields  and  Wakefield.     In   some  Irish 


120 


prisons  there  are  almost  as  many  officers  as  prisoners.  The  great  anoinaly  of 
these  thirty-eight  gaols  for  so  few  inmates  has  been  perpetuated  by  some  influen- 
tial persons  insisting  upon  a  clause  in  the  Act  that  every  county  should  still  have 
at  least,  one  gaol.  .  .  About  half  the  Welsh  gaols  have  been  or  will  be  sup- 
pressed'by  the  new  Act."  "In  Ireland  the  commitments  for  twenty-four  hours 
are  very  numerous.  Most  of  these  cases  are  for  drunkenness,  and  the  only  effect 
is  to  provide  a  free  night's  lodging  on  a  good  bed  for  a  man  that  had  none  of  his 
own."  Even  this  practice  does  not  fill  the  gaols.  The  same  writer  says,  "  It  is, 
however,  a  very  striking  fact,  that  while  on  the  first  of  January,  1851,  the 
county  and  borough  gaols  of  Ireland  contained  ten  thousand  prisoners  on  the  first 
of  January,  1870,  their  population  had  fallen  to  two  thousand.  This  is  attributed 
to  the  improved  condition  of  the  people,  and  the  increased  demand  for  labor. 
My  own  belief  is  that  the  excellent  industrial  and  reformatory  schools  of  the 
country  have  had  .some  share — perhaps  not  an  inconsiderable  share  in  this  happy 
din)ij|jiution." 

It  would  serve  no  good  purpose,  perhaps,  to  state  at  any  length  the  result  of 
enquiries  into  the  condition  of  the  prisons  and  gaols  of  continental  Europe, 
before  the  great  movement  in  behalf  of  prison  reformation  set  in.  There  were  a 
few  instances  in  which  prisons  were  constructed  on  scientific  principles,  and  in 
which  rational  efforts  were  made  for  the  reformation  of  the  inmates.  But  these 
were  exceptions,  and  the  condition  of  the  prisons  of  the  great  cities  was  in 
many  respects  as  bad  as  that  of  the  English  prisons  and  in  some  worse. 

Common  Gaols  of  the  United  States. 

Nowhere  does  the  United  States  system  of  government  appear  to  greater 
disadvantage  than  in  the  management  of  the  common  gaols.  Sixty  years  ago  De 
Tocqueville,  who  had  seen  much  of  the  prisons  of  Europe,  then  in  a  very  dreadful 
condition,  pronounced  the  county  gaols  of  the  United  States  "  the  worst  prisons  he 
had  ever  seen."  Dr.  E.  C.  Wines  wrote  in  1880,  after  quoting  this  statement,  "  And 
there  has  been  little  marked  improvement  since.  The  system  is  wasteful  of  time, 
wasteful  of  money,  and  it  does  not  reform.  The  moral  atmosphere  of  these 
prisons  is  foul,  no  fouler  exists  anywhere.  It  is  loaded  with  contagion.  The 
contact  of  their  inmates  is  close,  their  intercourse  unrestricted,  their  talk  abominable. 
The  effect  of  such  promiscuous  associations  is  to  increase  the  number  of  criminals 
and  to  develop  and  intensify  their  criminality.  The  lessons  taught  are  contempt  for 
autliority,  human  and  divine,  hostility  to  law  and  its  officers,  the  delights  of  vicious 
indulgence,  the  duty  of  revenge  upon  society  for  imaginary  wrongs,  the  necessity 
of  craft,  of  daring,  of  violence  if  need  be  in  the  commission  of  criminal  acts,  and 
of  sullen  submission  to  punishment,  if  caught,  the  hopelessness  of  all  efforts  at 
amendment,  and  the  best  methods  of  success  in  criminal  undertakings.  Thus  this 
countiy^  has  in  its  county  gaols  about  two  thousand  schools  of  vice  all  supplied 
with  expert  and  zealous  professors.  The  condemnation  of  the  system  may  be  pro- 
nounced in  a  single  sentence — it  is  an  absurd  attempt  to  cure  crime,  the  offspring 
of  idleness,  by  making  idleness  compulsory,  and  to  teach  virtue,  the  fruit  of 
careful  and  painstaking  moral  culture  by  enforced  association  with  those  who 
scoff  at  virtue,  duty  and  religion." 

Mr.  Wheeler,  Commissioner  of  the  Board  of  Corrections  and  Charities,  of  the 
State  of  Michigan,  at  a  convention  held  in  that  state  in  December,  1888,  said: — 

"  Our  county  gaols  lie  at  the  root  of  the  whole  matter,  and  I  would  like  to 
have  .some  of  our  good  people  visit  our  county  gaols.  We  have  statutes  in  this 
state  which  require  that  the  prisoners  shall  be  kept  each  one  separate  and  by 
himself,  and  that  the  prisoners  shall  not  be  allowed  to  communicate  with  each 


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other  or  with  anybody  except  in  the  presence  of  the  keeper,  and  other  statutes  of 
that  kind,  none  of  which  are  observed.  What  do  we  find  ?  People  of  all 
characters  and  all  descriptions  together  in  one  room  spending  their  time  playing 
cards  and  telling  stories.  It  is  not  possible  for  any  child  or  grown  person,  for 
the  first  time  convicted,  and  put  in  that  gaol  to  stay  there  for  one  or  three  months 
and  not  to  come  out  ten  times  more  the  child  of  the  devil  than  when  he  went  in." 
The  Secretary  of  the  Board  of  Charities  and  Corrections  for  the  State  of  Minnesota, 
gives  an  equally  shocking  account  of  the  gaols  of  that  state.  Of  one,  he  says, 
"  Bo /s  are  herded  with  adult  prisoners  and  thoroughly  schooled  in  crime.  All 
female  prisoners  are  herded  together  like  cattle.  The  small  cell  room  used  for 
short  term  prisoners  and  petty  offenders  is  literally  a  den  of  thieves  where  card 
playing  and  idleness  prevail." 

Improvements  in  gaol  buildings  have  been  introduced  in  several  States,  but 
in  all  that  is  essentially  most  important  from  a  moral  point  of  view  there  has  been 
little  change  for  the  better.  As  the  report  of  the  Ohio  Board  of  State  Charities 
for  1890  says  :  "  Compared  with  (the  gaols  of)  twenty  years  ago  they  are  doubtless 
much  improved.  They  have  better  sanitary  arrangements,  they  are  better 
warmed,  better  aired,  better  cleaned,  and  better  kept  in  many  ways,  but  with 
very  rare  exceptions  the  fundamental  evil  of  congregating  prisoners  together  in 
common  halls  and  thereby  forcing  into  companionships  young  and  old,  misde- 
meanants and  felons,  remains  unchanged,  and  the  result  is  that  the  average 
American  gaol  remains  substantially  the  type  of  gaol  condemned  by  John  Howard 
in  England  a  hundred  years  ago,  and  which  England  and  other  enlightened 
nitions  have  long  since  abolished."  In  all  the  official  reports  dealing  with  this 
subject  and  in  all  the  speeches  made  and  essays  written  by  those  interested  in  the 
work  of  prison  reform  in  the  ^Jnited  States  the  gaols  are  described  as  schools  and 
nurseries  of  crime  in  which  even  youths  and  men  who  have  not  previously  given 
.evidence  of  immoial  or  vicious  tendencies  soon  become  thoroughly  demoralized 
and  corrupt  and  are  trained  to  take  a  place  in  the  ranks  of  the  criminal  classes. 
To  quote  what  many  eminent  American  authorities  have  .said  on  this  subject 
would  be  bat  to  repeat  what  Dr.  Wines  has  said.  The  Ohio  Board,  who  say  that 
"  congregate  gaols  are  compulsory  schools  of  crime,"  are  of  opinion  that  the  remedy 
for  the  evil  is  simply  to  enforce  the  absolute  separation  of  prisoners,  so  that  every 
prisoner  can  come  and  go  without  coming  in  contact  or  acquaintance  with  any 
other  prisoner,"  and  they  have  succeeded  in  getting  27  of  the  gaols  in  that  state 
so  constructed  that  such  separation  can  be  enforced.  They  have  not  been  able, 
however,  to  overcome  the  chief  difficulty  in  the  way  of  reform.  The  county  gaols 
are  all  managed  and  controlled  by  tlie  .sheriffs  who  are  elected  and  who  are  respon- 
sible for  the  management  to  no  one  but  the  electors.  All  who  take  an  interest  in 
prison  reformation  agree  that  no  thoi'ough  change  for  the  better  can  be  looked 
for  until  the  state  take  control  of  the  gaols  and  their  management.  The  gaols 
which  have  a  house  of  correction  or  workhouse  near,  to  which  prisoners  sentenced 
to  short  terms  of  imprisonment  can  be  sent  with  little  or  no  expense,  probably 
are  not  as  bad  as  those  in  which  prisoners  under  aiTest  for  misdemeanours  and 
prisoners  undergoing  short  term  sentences  and  prisoners  awaiting  trial  for  felony 
are  all  herded  together. 

Common  Gaols  of  Ontario. 

The  common  gaols  of  Ontario  are  in  nearly  every  respect  very  unlike 
those  which  Howard  described  or  those  which  Buxton  visited.  The  appoint- 
ment of  the  Board  of  Prison  Inspectors  in  1859  with  large  special  powers  led  to 
great  improvements  in  gaol  structures.     The  work  of  improvement  was  continued 


122 


actively  after  Confederation  under  the  government  of  the  province  until  the  gaols 
of  Ontario,  with  scarcely  an  exception  were  so  rebuilt  or  remodelled  that  the 
requirements  of  the  Inspection  Act  were  fully  carried  out.  Now  the  gaols  with 
very  few  exceptions  are  well  built,  well  ventilated  and  well  drained  and  the 
sunlight  is  admitted  freely  into  corrider  and  cell.  Unless  when  a  gaol  is 
abnormally  crowded  there  is  a  cell  for  each  prisoner  and  the  yards  in 
which  the  prisoners  work  or  take  air  are  suflBciently  spacious.  That  which  is 
the  chief  obstacle  to  the  reformation  of  the  gaol  S3'stem  of  the  United  St;ites 
does  not  exist  in  this  Province.  The  municipalities  construct  the  buildings,  keep 
them  in  repair  and  provide  for  the  maintenance  and  care  of  the  prisoners,  but  the 
Government  appoints  the  sheriffs  and  the  sheriffs  appoint  the  gaolers,  subject  to 
the  approval  of  the  government,  and  appoint  the  turnkeys.  The  appointment 
of  a  gaoler  is  practically  during  good  behaviour.  Government  inspectors  are 
clothed  with  authority  not  only  to  determine  how  the  prisoner  shall  be  fed  and 
treated  and  to  recommend  such  changes  and  improvements  in  the  buildings  as  they 
think  desirable,  but  when  necessary  to  compel  the  municipalities  by  process  of 
law  to  give  effect  to  their  recommendations.  Yet  the  moral  evils  of  which  the 
prison  reformers  of  the  United  States  complain,  exist  to  a  serious  extent  in  some 
of  the  gaols  of  Ontario,  in  which  prisoners  of  all  ages  and  all  degrees  of  guilt 
are  allowed  to  mix  together  in  the  corridors  and  yards ;  in  others  classi- 
fication is  attempted,  but  is  imperfect,  and  there  is  the  same  want  of  employ- 
ment in  all.  In  very  many  of  the  gaols  the  only  work  the  prisoners  are  requiied 
to  do  in  addition  to  what  may  perhaps  be  called  the  housework,  is  the  cutting, 
splitting  and  piling  of  the  fire  wood  used  in  the  gaol,  and  the  shovelling  of  snow 
from  the  walks  and  paths. 

The  following  digest  of  the  evidence  of  the  Governors  of  the  Gaols  will  be 
found  to  afford  full  information  respecting  their  condition  and  management. 

Barrie. — Alexander  Lang  was  appointed  gaoler  in  1852.  The  gaol  has  four 
corridors  for  males,  two  downstairs  and  two  up,  and  two  for  women,  one  down- 
stairs and  one  above.  The  total  number  of  ^^risoners  during  the  year,  including 
those  in  gaol  at  the  beginning  of  the  year,  was  241,  of  whom  84  were  married. 
The  greatest  number  on  one  day  was  39 ;  the  smallest  was  10.  The  sentenced 
prisoners  he  keeps  in  the  lower  corridors,  the  untried  in  the  upper.  He  attempts 
no  sub-classification.  He  puts  boys  with  the  men,  believing  this  to  be  best. 
Some  bad  boys  are  worse  to  deal  with  than  the  men  and  would  do  more  to  cor- 
rupt other  boys,  and  they  are  ke[>t  in  subjection  by  the  men.  "i^The  majority  of 
the  prisoners  are  in  through  drink  and  when  sober  they  are  pretty  well  conducted. 
Nineteen  boys  were  committed  during  the  year  for  petty  larceny,  stealing  rides 
on  the  cars  and  other  juvenile  offences.  All  he  thought  were  committed  for  the 
first  time.  He  thought  it  an  advantage  to  lunatic  prisoners  to  mix  them  with 
the  others  and  he  did  so.  Forty-six  were  committed  as  vagrants.  Two  of  these 
are  poor  old  people.  Of  all  committed  as  vagrants  one- fourth  should  be  in  a 
poor  house.  There  is  no  poor  house  in  the  county.  Of  the  20  lunatics  committed 
some  could  be  properly  cared  for  in  a  poor  house.  Twelve  prisoners  were  sent 
to  the  Central  Prison.  He  had  eight  men  and  two  women  under  sentence  on 
September  30th.  Several  of  these  were  old  and  unable  to  work.  There  is  suffi- 
cient work  for  all  who  are  fit  for  labour.  They  cut  about  150  cords  of  wood  in 
the  year,  do  the  domestic  work,  clean  the  court  house  and  lay  out  the  grounds 
and  keep  them  in  order.     They  have  no  stone-breaking;  it  was   not    satisfactory. 

Belleville. — In  this  gaol  much  seems  to  be  done  towards  a  proper  classifica- 
tion of  the  prisoners.  Louis  A.  Appleby,  the  gaoler,  stated  that  it  has  six 
separate  corridors  on  the  men's  side  and  two  on  the  women's  side,  but  at  times 
part  of  one  of  the  men's  corridors  is  used  for  women.     It  has  32  cells.     The 


123 


number  of  cells  in  a  corridor  varies  from  six  to  two.  It  has  three  airing  yards, 
two  for  men  and  one  for  women,  and  a  working  yard.  Lunatics  are  placed  in 
one  corridor,  but  sometimes  other  prisoners  are  placed  with  the  more  violent  to 
prevent  their  doing  harm.  Those  under  the  age  of  16  are  kept  entirely  separate 
from  the  adults.  They  don't  even  see  the  other  prisoners.  The  rooms  are  so 
situated  that  this  can  be  done.  There  were  only  7  during  the  year.  If 
the  number  were  larger  the  separation  could  not  be  so  complete.  The  means  of 
classification,  so  far  as  juveniles  are  concerned,  are  perfect.  The  women  are 
divided  into  three  classes.  A  number  can,  when  necessary,  be  placed  at  night  in 
what  is  called  the  wash-house.  The  largest  number  in  the  gaol  on  any  one  day 
of  1889  was  82  males  and  two  females.  On  September  30th  he  had  27  men  and 
two  women.  Four  of  the  males  were  waiting  for  trial ;  16  males  and  one  female 
were  under  sentence  ;  five  were  male  lunatics  and  one  was  a  boy  under  16.  It 
was  hard  to  tell  then  how  he  had  classified  them,  but  none  were  mixed  up  with 
those  awaiting  trial,  and  civil  prisoners  were  kept  apart  from  the  criminal, 
unless  when  they  found  one  amongst  them  whom  they  knew  to  be  an  old 
offender  and  he  was  put  with  the  criminals.  Some  of  the  criminals,  as  already 
stated,  were  employed  to  take  cai^e  of  dangerous  lunatics.  The  gaoler  considers 
"  the  classification  very  good."  He  thinks  it  is  first-class  considering  everything. 
But  it  was  quite  different  a  few  years  ago.  Then  boys  and  lunatics  and  prisoners 
of  all  kinds  were  huddled  together.  The  total  number  in  the  gaol  during  the 
previous  year  was  225.  Of  these  41  were  committed  as  vagrants  and  34  males 
for  having  been  drunk  and  disorderly.  Some  of  these  were  committed  several 
times  during  the  year.  One  spent  a  great  part  of  the  previous  three  or  four 
years  in  the  gaol.  Seventeen  were  committed  as  lunatics.  All  these  were  not 
SQnt  to  an  asylum.  Twelve  prisoners  were  transferred  to  the  Central  Prison 
during  the  year.  None  were  sent  to  the  Mercer  Reformatoiy.  The  only  labour 
done  besides  the  domestic  work  is  the  cutting  of  wood  and  keeping  the  county 
buildings  in  order.  The  gaol  is  not  large  enough  to  introduce  any  regular 
system  of  labour.  Of  the  prisoners  left  in  the  gaol  not  more  than  three  on  the 
average  are  fit  to  do  an  ordinary  day's  work.  The  magistrate  does  not  seem  to 
like  sentencing  to  hard  labour.  His  objection  to  it  the  gaoler  did  not  under- 
stand. He  has  had  as  many  as  16  prisoners  at  a  time  not  one  of  whom  was  able 
to  work.  At  least  a  third  of  these  should  have  been  sent  to  a  poor  house.  He 
is  not  much  troubled  with  tramps.  When  one  is  sent  to  the  gaol  he  gets  only 
bread  and  water  and  he  generally  goes  away  after  his  night's  rest.  Of  those 
committed  as  vagrants  the  greater  number  are  deserving  poor  persons  who  have 
been  unfortunate  and  who  are  incapacitated  for  work  by  ill  health  or  old  age. 

Berlin. — Jonathan  Cook,  appointed  gaoler  in  1888,  stated  that  the  gaol  has 
five  corridors  and  25  cells,  including  the  punishment  cells.  The  wards  or  corri- 
dors are  approached  from  two  halls.  It  has  a  working  yard,  a  yard  for  females, 
a  kitchen  yard  and  wood  yard.  The  cooking  is  done  by  males,  who  alone  have 
access  to  the  kitchen  yard.  There  is  complete  separation  of  the  sexes.  He 
follows  the  rules  respecting  classification.  One  of  the  wards  is  for  women,  the 
other  four  for  men.  Sentenced  prisoners  are  kept  separate  from  those  awaiting 
trial,  boys  from  adults,  and  civil  from  criminal  prisoners.  There  is  difficulty  in 
dealing  with  boys.  He  sometimes  prefers  to  put  boys  with  persons  able  to  take 
care  of  them,  with  some  who  ai'e  not  criminals.  Eight  women  were  committed 
during  the  year,  but  he  had  only  one  at  a  time,  except  that  on  one  occasion  a 
second  was  committed  who  was  insane  and  she  was  confined  in  a  cell  by  herself. 
Five  boys  and  a  girl  were  committed.  Two  of  the  boys  were  in  for  larceny  and  were 
fined.  The  number  of  prisoners  dui'ing  the  year,  including  those  who  remained 
from  the  previous  year,  was  130.     In  1887  the  number  was  109  and  in  1888  it 


124 


was  112.  Twenty  commitments  were  for  drunkenness  and  24  were  vagrants. 
Very  few  of  the  prisoners  are  from  Berlin.  The  population  is  sometimes  swelled 
by  prisoners  from  Gait.  The  town  has  a  lock-up  and  several  of  the  prisoners 
sent  to  it  never  reach  the  gaol.  The  vagrants  are  English,  Irish  and  Scotch, 
with  some  from  the  other  side.  Few  are  natives  of  Canada.  They  are  not  will- 
ing to  work.  Some  of  them  have  been  in  the  Central  Prison.  Re  gives  them 
alfthe  work  that  he  has— cutting  wood,  cleaning  the  gaol,  shovelling  and  the 
like.  He  has  no  stone-breaking.  Some  of  the  vagrants  are  men  he  arrested 
when  constable,  eight,  ten  or  twelve  years  ago.  They  go  round  from  gaol  to  gaol. 
None  of  the  prisoners  sent  to  him  are  proper  subjects  for  a  poor  house.  There 
is  a  poor  house  in  the  county,  in  which  there  are  from  80  to  100  inmates.  Of  all 
committed  to  the  gaol  during  the  year  57  were  Canadians  charged  with  drunken- 
ness, disorderly  conduct,  larceny  and  lunacy.  Canadians  are  generally  in  for 
felonies,  misdemeanors,  serious  larcenies  and  things  of  that  sort,  and  English, 
Irish  and  Scotch  for  vagrancy.  Very  few  are  sent  to  gaol  from  the  farming 
community. 

Brantford — Alfred  Kitchen  appointed  gaoler  in  1885  was  previously  a 
farmer.  He  has  one  turnkey.  The  gaol  has  four  corridors  with  eight  doubleand 
16  single  cells.  Eight  of  the  single  cells  are  used  for  females.  Prisoners  con- 
fined on  serious  charges,  whether  sentenced  or  not,  those  waiting  to  be  sent  to 
the  Central  Prison  and  the  insane  are  placed  up  stairs  generally. 
The  boys  cannot  be  kept  separate  from  the  adults  but  they  are  not  put  with  men 
known  to  be  bad.  There  are  two  yards,  one  a  working  yard,  the  other  used  by 
the  men  employed  in  the  kitchen.  There  is  no  yard  for  females.  The  total 
number  of  prisoners  during  the  previous  year  was  405,  the  highest  number  on 
any  one  day  was  31.  The  number  of  those  imprisoned  for  drunkenness  218. 
These  were  first  taken  to  alock-up  and  only  sent  to  gaol  when  convicted.  A  few 
were  wealthy  farmers  who  having  spent  all  their  money  could  not  pay  their  fines 
until  they  got  money  from  home  Few  of  them  are  really  bad.  Of  the  vagrants 
the  number  was  42.  Some  of  these  belonged  to  the  district.  Some  are  from  the 
other  side.  There  seems  to  be  a  number  of  them  who  work  from  Brantfoid  to 
Hamilton  and  want  to  rest  at  Brantford.  These  go  before  a  magistrate  and  ask 
him  to  commit  them  ;  sometimes  they  commit  petty  offences  in  order  to  be  im- 
prisoned. Eighteen  prisoners  were  sent  to  the  Central  Prison  during  the  year,some 
of  those  had  short  sentences — 60  days  or  less.  Sixteen  boys  were  sent  to  the 
gaol  during  the  year.  They  were  charged  with  trespass,  petty  larcenies,  stealing 
candies  and  such  trivial  things.  Only  two  or  three  of  them  had  been  committed  be- 
fore. Few  of  the  boys  came  from  the  country.  Two  were  sent  to  the  Reformatory. 
The  prisoners  take  care  of  the  gaol,  the  court  house  and  the  grounds.  This 
gives  sufficient  work  for  a  great  part  of  the  3'ear.  Coal  is  used  principally  in 
the  gaol  and  there  is  not  much  wood  cutting.  It  would  do  the  drunkards  and 
others  much  good  if  they  were  compelled  to  break  stone,  but  there  is  not  much 
room  .or  work  of  that  kind  and  the  men  working  for  wages  would  object.  The 
increase  of  83  per  cent  in  the  number  of  commitments  from  1887  to  1889  the 
gaoler  attributed  to  the  increase  of  population,  the  construction  of  water  works 
and  railway's  and  to  the  increased  vigilance  of  the  police. 

Brampton — Jo.shua  Modelard,  appointed  gaoler  in  1880,  stated  that  durino- 
the  year  1889  the  number  committed  and  remanded  to  this  gaol  was  253,  of 
whom  nine  were  women.  Of  these  197  were  vagrants  and  the  commitments  for 
drunkenness  weie  28.  The  number  for  all  other  offences  was  only  28,  and  of 
these  only  one  was  convicted  of  felony  and  four  of  larceny.  The  gaol  has  4 
corridors  and  three  yards,  Those  awaiting  trial  he  puts  in  one  corridor ;  the 
vagrants  and   lunatics  he  puts  in  the  adjoining  corridor.     The  boys  are  gener- 


125 


ally  put  by  themselves,  and  there  is  but  one  ward  for  females.  It  had  never 
happened  that  he  was  compelled  to  put  women  of  bad  character  and  other 
females  together.  There  is  no  lockup  ia  Brampton  and  no  poor  house  in  the 
county.  The  gaol  would  be  large  enough  if  he  were  not  compelled  to  receive 
those  vagrants.  The  mayor  puts  a  printed  form  in  the  hands  of  the  constable 
and  then  he  signs  it  ami  hands  it  to  the  tramp,  tvho  presents  it,  and  the  gaoler 
has  to  admit  him.  He  does  not  get  an  order  for  the  discharge  of  the  tramp. 
When  the  constable  says  "  let  him  go,"  the  gaoler  lets  him  go.  Two  boys  were 
committed  for  petty  larceny,  their  first  offence.  .One  was  sentenced  to  thirty 
da3's' imprisonment.  The  judge  lets  several  who  are  brought  before  him  "  go 
altogether."  Boys  are  kept  separate.  One  of  the  worat  boys  he  ever  had  in 
gaol — an  imported  boy — was  sent  to  Pesetanguishene  that  summer.  "  Thej 
make  a  poor-house  of  his  gaol." 

Brockvtlle — John  White,  appointed  gaoler  in  186G,  stated  that  this  gaol  has 
three  wards — three  day  rooms  for  the  males,  two  for  the  females ;  twelve  cells 
for  the  males  and  nine  for  the  females,  and  two  yards,  one  for  males  and  one  for 
females.  He  never  puts  males  in  the  female  wai'ds,  even  when  there  are  no 
feiiiales  in  the  gaol.  The  number  of  prisoners  during  the  year  1889  was  1S4, 
of  whom  twenty  were  women.  The  greatest  number  in  gaol  at  any  one  time  was 
twenty-one,  of  whom  one  was  a  female.  The  principal  da}' room  is  that  for  men 
remanded  for  trial.  He  tried  to  keep  juveniles  apart  from  old  offenders,  but 
could  not  always  do  so  ;  a  proper  classification  was  impossible.  Harmless  lunatics 
were  placed  with  vagrants  and  drunks.  He  has  had  boys  who  were  worse  than 
the  old  men  and  contaminated  them.  Sometimes  comparatively  innocent  boys 
of  from  twelve  to  fifteen  years  were  sent  to  the  gaol,  and  these  he  could  hardly 
keep  separate  although  he  tried.  Sometimes  he  had  to  put  girls  charged  with 
trifling  offences  in  the  same  ward  with  women  of  the  lowest  class,  although  he 
knew  that  the  effect  must  be  very  injurious.  Of  those  who  passed  through  this 
gaol  17  were  sent  to  the  Central  Prison  directly  and  one  indirectly,  six  to  the 
penitentiary  and  one  to  the  Mercer  reformatory :  .52  were  of  the  drunken  class, 
some  of  whom  are  lepeatedly  committed.  Twenty  men  and  two  women  were 
committed  as  vaorrants.  These  were  all  drunkards.  Prisoners  of  this  class  are 
not  so  numerous  as  they  were  a  few  years  ago.  Eight  were  committed  as 
lunatics.  The  only  employment  in  this  gaol,  besides  the  domestic  work,  is 
cutting  wood.  The  prisoners  cut  about  forty  cords  in  a  year.  When  the 
removals  to  the  penitentiary  and  Central  Prison  were  made  there  were  scarcely  a 
sufficient  number  of  able-bodied  men  to  do  the  gaol  work.  On  this  point  and 
on  others  there  was  a  difference  of  opinion  between  the  gaoler  and  the  sheriff. 
Fourteen  boys  under  sixteen  j^ears  of  age,  were  committed  during  the  year.  They 
were  mostly  charged  with  petty  larceny.     They  are  a  great  trouble. 

Cay  toga — John  A.  Murphy,  who  succeeded  his  father  as  gaoler  in  1886, 
stated  that  this  gnol  has  four  corridors  and  fourteen  cells.  Two  of  the  corridors  have 
five  cells  each  and  the  others  have  two  each.  There  are  two  yards — a  large  working 
yard  and  a  yari  for  women.  The  lower  corridors  are  used  for  prisoners  doing 
labor  sentences  ;  the  corridors  above  of  the  same  size  for  prisoners  awaiting  tiial 
and  for  those  to  be  removed  to  the  Central  Prison  and  the  penitentiary.  One  of 
small  corridors  is  used  for  insane  prisoners  and  the  other  for  females,  and  when 
either  of  these  is  not  so  occupied  it  is  used  for  juvenile  offenders.  The  greatest 
number  in  the  gaol  in  one  day  was  19,  and  then  an  ante-room,  called  a  trial  ward 
for  prisoners  charged  with  trivial  offences,  was  used.  No  classification  of  females 
can  be  made.  He  rarely  has  a  >oung  girl  in  custody.  He  has  no  place  or  room 
or  corridor  especially  for  boys.     All  the  male   prisoners  are  taken  into  one  yard 


126 


for  exercise  under  supervision  of  a  turnkey.  The  whole  number  of  prisoners 
com initted  during  the  previous  year  was  170.  Three  were  sent  to  the  Central 
Prison  ;  none  to  the  Mercer  reformatory.  He  had  32  tramps  who  were  nomads  : 
very  few  belonged  to  the  county.  They  were  principally  young  men  of  25  to  40 
years  of  age.  They  could  work  as  a  rule  but  would  not.  They  generally  go  to 
the  gaol  in  the  winter  months.  He  has  100  cords  of  wood  cut  and  a  great  deal 
of  snow  to  shovel  and  he  makes  them  earn  their  bread  in  that  way.  The 
authorities  were  then  providing  stone  to  be  broken.  He  had  had  none  before. 
There  were  eighteen  commitments  for  drunkenness.  Some  chronics  were  com- 
mitted three  or  four  times.  They  were  generally  sentenced  to  imprisonment  for 
terms  of  ten  days  to  two  months.  Several  of  the  persons  now  sent  to  the  gaol 
are  incapable  of  taking  care  of  themselves  and  should  be  cared  for  in  a  poor  house. 
Chatham. — Robert  Mercer,  who  was  appointed  in  1872,  stated  that  m  the 
Chatham  gaol  there  are  three  distinct  corridors,  two  of  which  are  used  for  males, 
and  one  for  females,  and  26  cells.  When  examined  he  had  20  male  and  G  female 
prisoners  in  custody.  This  was  the  largest  number  he  had  on  any  one  day  during 
the  year.  The  number  on  September  30th,  the  close  of  the  year,  was  15  males  and 
three  females.  The  total  number  for  the  year  was  108.  Eight  were  boys  and  one  a 
girl  under  sixteen.  Three  of  the  boys  were  hardened  cases.  Except  the  separation 
of  males  and  females  he  can  make  no** classification,  unless  the  number  of  pri- 
soners is  small.  When  he  can  he  keeps  boys  separate  from  the  men  ;  but,  when 
the  gaol  is  nearly  full  he  must  put  boys  with  the  men.  The  tried  and  convicted 
he  keei)S  separaite  from  the  untried  when  exceptional  circumstances  arise  ;  but 
usually  they  cannot  be  very  well  kept  apart.  Asked  if  the  Commissioners  may 
assume  that  he  has  no  means  of  classification,  he  replied  "  We  have  none  what- 
ever I  may  say.  If  I  have  no  females  I  can  sometimes  put  boys  into  the  female 
wards."  Generally  the  boys  mix  with  the  men,  and  the  tried  prisoners  and  lunatics 
usually  mix  together.  There  are  three  yards  attached  to  the  gaol,  two  of  these  are 
for  men,  one  being  used  as  a  j'ard  to  work  in,  and  the  third  is  a  yard  for  females. 
In  the.se  also  the  prisoners  come  together.  Representations  on  this  subject  have 
been  made  to  the  county  council,  but  without  effect.  This  intermixture  has  a 
contaminating  effect.  Old  hardened  criminals  do  much  to  ]n;?,d  boys  and  young 
men  to  evil,  but  more  through  bravado  he  thinks  than  t^irougii  malice.  The  prison 
is  exceedingly  defective  in  means  of  classification,  especially  ii?  the  classification  of 
females.  Nineteen  of  the  worst  prisoners  were  removed  to  the  Central  Prison 
during  the  year.  If  they  had  been  allowed  to  remain  the  condition  of  the  gaol 
would  have  bjen  much  worse.  Those  who  have  been  at  the  Central  Prison  regard 
it  with  terror,  and  would  rather  do  almost  anything  than  go  back.  Two  men  and 
one  woman  were  committed  as  vagrants  during  the  year,  and  sixty-one  as 
drunkards,  of  whom  55  were  sentenced,  Six  were  women.  Some  were  habitual 
drunkards,  and  were  frequently  committed.  Probably  about  a  third  had  families 
upon  whom  they  were  a  charge.  Sending  them  to  gaol  had  no  deterrent  effect 
whatever.  Of  those  committed  during  the  year  two  or  three  were  poverty 
stricken  old  people,  who  should  not  have  been  sent  to  gaol.  An  old  woman,  82 
years  of  age,  was  committed  as  a  lunatic,  and  an  old  man,  92  years  of  age,  was 
sent  in,  whom  it  was  necessary  to  feed  with  a  spoon  for  a  long  time,  and  to 
lift  in  and  out  of  bed.  Both  died.  The  total  number  of  vagrants  committed 
during  the  year  was  14  males  and  2  females.  This  gaol  has  no  library,  and  no 
means  of  religious  instruction,  except  that  Rev.  Mr.  Wier,  a  Baptist,  and  some  of 
his  congregation  go  to  the  gajl  on  Sunday  mornings  to  talk  with  the  prisoners. 
When  a  prisoner  asks  for  a  clergyman  he  is  sent  for.  No  work  is  done  in  this 
gaol,  except  the  sawing  of  a  little  wood.  It  would  be  necessary  to  haul  stone  a 
long  distance.     The  Inspector  recommended  changes   which   would   afford   better 


127 


opportunities  for  classification,  but  did  not  insist  upon  them,  and  nothing  has 
been  done.     The  majority  of  the  prisoners  were  physically  fit  for  work. 

Cohourg. — Abraham  B.  Culver,  appointed  gaoler  in  1875,  stated  that  the  gaol 
stands  two  miles  from  the  market  place.  This  he  does  not  regard  as  an  advan- 
tage It  has  five  wards  and  twenty-four  cells  and  three  yards  ;  133  prisoners 
passed  through  the  gaol  in  1889,  and  twenty-eight  was  the  largest  number  on 
any  one  day.  When  he  has  more  prisoners  than  cells  he  doubles  up  in  the  cells. 
He  classities  the  prisoners  as  best  he  can,  but  he  has  not  the  accommodation  to 
cla.->sify  them  properly.  He  endeavours  to  put  vagrants  and  those  under  sen- 
tence for  minor  offences  together.  Then  he  classifies  those  waiting  for  trial, 
tho.se  waiting  for  removal,  and  others,  as  well  as  he  can.  He  keeps  boys 
apart  from  the  adults,  generally  placing  them  in  one  of  the  corridors  for  females; 
which  is  seldom  occupied  by  females.  Twenty-eight  were  committed  for  drunk- 
enness and  thirty-four  as  vagrants.  The  vagrants  are  generally  foreigners. 
Some  are  infirm  and  old  people.  There  were  then  two  of  that  class  in  the  gaol. 
It  is  not  a  proper  place  for  them.  There  is  no  poor  house  in  the  county.  Those 
charged  with  drunkenness  are  generally  persons  who  are  in  and  out  of  gaol 
continuall3^  and  who  cannot  be  relied  upon  to  do  any  work.  The  greatest 
number  come  from  Port  Hope.  Some  are  imprisoned  for  si.x  months  on  this 
charge.  Ten  were  sent  to  the  Central  Prison,  of  whom  several  were  drunkards 
and  felons ;  thirteen  were  committed  as  lunatics  who  he  thought  were  all  fit 
subjects  for  the  asylum.  For  want  of  accommodation  at  the  asylum,  several 
remained  a  long  timn  in  the  gaol.  In  Northumberland  and  Durham  the  municipali- 
ties are  supposed  to  look  after  their  own  poor,  but  as  a  matter  of  fact,  some 
don't  do  so.  He  cannot  classify  the  prisoners  properly.  He  could  if  he  had 
more  corridors.  He  always  keeps  females  of  loose  character  separate.  He  does 
not  think  it  would  be  of  any  use  to  attempt  to  establish  a  labour  system  in  the 
county  gaol.  Those  who  are  able  to  work  are  generally  removed  to  the  Central 
Prison.  He  has  only  a  few  cords  of  wood  to  cut  and  no  other  employment  for 
the  prisoners  except  the  cooking,  cleaning,  and  other  domestic  work.  Few  of 
these  left  in  the  gaol  are  fit  to  do  much  work.  A  number  of  prisoners  have  died 
in  the  gaol;  generally  they  were  paupers  committed  as  vagrants.  He  had  one 
there  a  cripple  whose  head  was  injured  by  a  fall  and  who  has  not  been  right 
since.  He  had  been  committed  twenty-two  times,  sometimes  as  a  vagrant, 
sometimes  as  a  drunkard.  Another  was  sent  from  Peterboro'  to  Cobourg  and 
back  several  times  and  at  last  died  in  Cobourg  gaol. 

Corniuall. — This  gaol,  of  which  Donald  Macdonald  is  governor,  serves  for 
the  counties  of  Stormont,  Dundas  and  Glengarry.  It  has  three  wards,  two  corridors, 
twelve  cells  for  males  and  five  for  females,  and  three  yards,  two  for  airing  and 
one  for  wood.  The  corridor  generally  used  for  women  is  sometimes  used  for  men 
if  there  are  no  women  in  gaol  and  the  number  of  men  is  larger  than  usual. 
During  the  previous  year  ninety-three  prisoners  passed  through  the  gaol ;  six 
were  women,  and  two  boys  under  16  yeai^s  of  age.  The  greatest  number  in  the 
gaol  at  any  one  time  was  twelve.  These  could  not  be  classified.  Two  were 
women  and  occupied  one  ward.  It  was  necessary  to  put  all  the  others  in  two 
wards.  Some  were  lunatics,  some  were  under  sentence,  and  some  were  awaiting 
trial  Five  of  these  were  sent  to  the  Central  Prison.  Proper  clas.sitication  is 
impossible  when  there  are  so  many  in  the  gaol  and  is  scarcely  attempted, 
although  some  care  is  taken  to  separate  the  convicted  from  the  untried. 
A  number  of  homeless  persons  are  sent  to  this  gaol  who  should  be  sent  to 
a  poor  house.  The  only  labor  is  that  of  cutting  wood.  Sometimes  those  sent 
in  for  drunkenness  are  not  fit  to  do  much  for  a  fortnight  or  so  and  others 
are  sent  in  as  tramps  who  cannot  work  much.     Twenty-nine  were  committed  as 


128 


drunk  and  disorder!)'.     Very  few   of  these  were    residents  of  the   town.     Two 
boys  were  committed   and   ten  lunatics.      For  ten  years  the  lunatics  committed 
averaged  sixteen  a  year.     Several  of  these  were  regarded  as  not  being  fit  subjeats 
^or  a  lunatic  asylum. 

Goderich. — William  Dickson  was  appointed  turnkey  of  this  gaol  in  1.SG4, 
and  gaoler  in  1877.  There  are  but  four  wards  in  this  gaol  ;  three  are  used  for 
men  and  one  for  women.  The  number  of  prisoners  during  the  year  was  87, 
including  13  carried  over  from  the  previous  year.  He  would  require  six  niore 
Kjorridors  and  as  many  yards  to  carry  out  the  cla-sification  required  by  rule 
50.  He  does  not  succeed  in  classifying  the  prisoners  ;  the  chances  are  that  for 
.seven  months  of  the  j^ear  he  never  troubles  his  head  about  it,  as  it  is  impossible 
to  make  any  classification.  He  had  only  two  boys  during  the  year,  they  were 
arrested  for  the  same  offence,  it  was  necessary  to  put  them  with  the  men. 
Thirty-two  of  the  prisoners  were  vagrants.  Hard  work  and  poor  fare  he  thought 
the  proper  treatment  for  them,  Seven  persons  were  sent  to  gaol  during  the  year 
who  should  have  been  sent  to  a  poor-house,  old  people  unfvt  to  work,  who  had 
committed  no  offence.  His  observation  satisfied  him  that  the  indiscriminate 
herding  of  prisoners  has  a  very  bad  effect,  especially  upon  the  young. 

Guelph. — George  Mercer  was  appointed  gaoler  32  years  ago.  The  gaol  is 
old  tishioned.  From  the  centre  which  is  octagonal  the  cells  radiate  outward. 
The  circle  is  br  jken  by  the  gaoler's  residence  which  is  attached  to  the  gaol  by  a 
narrow  passage.  There  are  four  corridors  in  the  new  gaol,  in  each  of  the  lower 
tiers  there  are  eight  cells  and  on  each  of  the  upper  six  cells.  In  the  old  gaol  are 
two  wings  fitted  up  for  women.  In  the  lower  part  there  are  three  cells,  but  this 
part  is  chiefly  used  as  a  wa.sh-house.  Some  of  the  cells  in  the  upper  part  of  this 
are  used  as  ah  hospital.  Altogether  there  are  eight  corridors.  Those  in  the  new 
gaol  are  used  exclusively  for  males  and  there  are  two  corridors,  one  above  and  one 
below  for  women.  There  is  a  main  yard  and  a  smaller  yard  opening  from  it,  respec- 
tively used  for  males  and  females.  Including  those  left  over  from  the  year  prev  i  ous 
there  were  97  prisoners  in  the  gaol  during  the  year  1889.  There  were  87  com- 
mitments during  the  year.  In  1888  the  number  was  130.  He  could  not  account 
for  the  falling  off.  Ten  were  committed  for  drunkenness  in  1889  and  eleven  as 
vagrants.  Of  those  called  vagrants  some  were  homeless  old  people.  One  has 
been  in  a  great  many  years.  He  is  re-committed  time  after  time.  At  the  expira- 
tion of  the  term  of  each  sentence  he  is  sent  out  on  the  street  and  immediately 
arrested  again.  There  is  a  poor  house  in  the  counife'  but  no  poor  persons 
are  sent  to  it  from  the  city.  Eight  were  comjnitted  for  selling  liquor  with- 
out a  license,  sixteen  for  larceny,  one  for  perjury,  one  for  rape  and 
three  for  other  offences.  Eighteen  women  were  committed  during  the  year. 
When  necessary  he  classifies  the  wom<^n.  Six  were  committed  as  lunatics. 
Some  of  these  were  mild  and  harmless  who  should  not  be  sent  to  an  asylum.  He 
has  very  few  civil  prisoners.  When  he  has  any  he  does  not  attempt  to  sepai-ate 
them  from  the  criminals.  He  keep  boys  separate  from  adults.  Of  the  boys  com- 
mitted last  year  two  were  sent  to  the  Reformatory  and  the  third  who  was  the 
ringleader  Avas  taken  home  by  his  father.  Six  prisoners  were  sent  the  Central 
Prison.  In  former  years  he  has  had  15  or  16  prisoners  of  that  class  and  others 
awaiting  trial.  The  classification  is  not  such  as  he  would  wish,  and  those  on  the 
upper  story  of  one  .ving  can  communicate  with  those  in  another  wing  as  "the 
windows  correspond."     He  has  not  paid  much  attention  to  classification. 

Hamilton.^ J 3imes  Ogilvie,  appointed  gaoler  in  1885,  stated  that  in 
this  gaol  there  are  six  distinct  corridors  and  60  cells,  besides  the  women's  hospi- 
tal cells.  There  are  twelve  cells  on  one  lower  corridor,  eleven  on  the  other, 
seven  on  one  of  the  other  corridors  for  men  and  eight  on  another,  and  ten  or 


129 


eleven  on  each  of  the  women's  corridors.  In  the  basement  are  four  dark  or 
punishment  cells.  There  are  three  yards  for  airing  and  exercise  and  a  working 
yard.  One  corridor  is  used  for  male  prisoners  charged  with  first  or  second 
otiences ;  another  for  prisoners  who  have  been  confined  three  times  or  more  ; 
another  for  drunks  and  vagi'ants — old  men,  homeless  and  destitute,  who  have 
got  into  trouble  ;  another  is  reserved  for  boys  under  16  exclusively.  There  are 
only  two  wards  for  women.  The  hardened  cases  are  put  in  one  and  the  other 
is  used  for  young  offenders.  All  the  male  prisoners  go  into  one  yard  under 
supervision  of  a  turnkey.  No  airing  is  done,  irrespective  of  work.  The  doctor 
has  never  ordered  that  any  of  the  yards  be  used  for  that  purpose.  The  corridors 
are  95  feet  long  and  are  roomy  and  all  the  windows  can  open.  All  the  prisoners 
under  sentence  of  hard  labour  who  are  able  to  work  are  taken  to  the  workino- 
yard.  Boys  over  16  go  with  the  rest  but  boys  under  16  are  kept  separate; 
but  if  a  boy  is  known  to  be  very  bad  he  is  not  placed  with  other  boys.  He 
would  be  placed  with  the  men  who  are  not  hardened  criminals.  Boys  do  not 
remain  long  in  gaol.  The  prisoners  while  in  the  yards  are  not  allowed  to  use 
boisterous  or  improper  language,  or  misbehave  in  anyway.  The  turnkey  is 
always  near.  All  the  prisoners  take  their  meals  together,  but  they  are  not 
allowed  to  speak  to  one  another.  All  the  women  a,ssociate  while  at  work,  but 
the  matron  is  with  them  and  girls  under  16  are  under  her  special  care  if  they 
are  put  to  work.  There  is  not  a  separate  corridor  for  such  girls.  On  further 
examination  it  appeared  that  the  classification  is  based  chiefly  upon  the  number 
of  committals,  but  that  when  a  prisoner  is  known  to  be  of  bad  character  he  is 
placed  with  the  old  offenders.  The  largest  nuuiber  of  prisoners  in  the  gaol  on 
one  day  of  the  year  was  55.  The  smallest  number  was  24.  He  had  one  girl 
under  16  and  three  boys  in  custody  on  the  day  he  gave  evidence,  but  that  was 
exceptional.  On  September  30th  he  ha,d  20  men,  five  women,  and  one  boy  under 
16  in  custody.  Nine  of  tlie  men  were  awaiting  trial.  Eleven  men  and  three 
women  were  under  sentence.  One  man  and  two  women  were  insane.  He  had 
no  civil  prisoners  on  that  day.  If  he  had  had  a  debtor  he  would  have  placed 
him  with  the  boys.  The  insane  women  who  are  harmless  are  kept  on  the  same 
side  with  the  women  not  considered  hardened.  He  could  not  separate  those 
awaiting  trial  fiora  the  convicted  without  mixing  the  young  with  hardened 
offenders.  A  man  talking  in  his  cell,  even  though  he  does  not  speak  loudly,  can 
be  heard  by  the  man  occupying  the  last  cell  at  the  other  side,  so  that  the  mixture 
of  prisoners  in  a  corridor,  even  if  all  were  confined  in  their  cells,  would  not  be  a 
perfect  classification.  The  men  in  the  corridors  mix  together  when  they  go  out 
of  their  cells. 

Sixty-four  prisoners  were  removed  from  this  gaol  to  the  Central  Prison 
during  the  year ;  17  women  to  the  Mercer  refortnatory ;  one  girl  to  the  refuge 
and  eight  boys  to  the  reformatory.  The  number  of  tramps  and  vagrants  was 
122  ;  of  persons  of  unsound  mind,  21.  The  total  number  of  commitments  was 
925.  Of  this  total  535  were  recommittals.  The  total  number  of  persons  com- 
mitted he  thought  must  have  been  600.  Quite  a  number  are  sent  to  this  gaol 
who  are  physically  defective  or  otherwise  unfit  to  work  and  who  should  be  cared 
for  in  a  poor  house.  They  are  generall}^  committed  for  perio  Is  of  30  days. 
Some  provision  is  made  for  the  poor  belonging  to  the  county.  Of  those  sent  to 
the  gaol,  many  come  from  the  United  States  and  are  mere  vagrants. 

The  male  prisoners  are  employed  in  cutting  wood  and  breaking  stone,  and 
in  the  usual  work  of  cleaning  the  gaol.  The  principal  industry  is  breaking  stone. 
The  prisoners  also  cultivate  a  garden  of  about  an  acre.  The  women  do  the  wash- 
ing, mending  and  so  on.     About  JO  per  cent,  usually  were  unfit  to  work. 

9  (P.C.) 


130 


Kingston. — C.  H.  Corbett,  appointed  gaoler  in  1865,  stated  that  in  this  gaol 
there  are  nine  corridors,  six  for  males  and  three  for  females,  and  it  has  three 
yards.  He  uses  three  wards  on  the  north  side  of  the  gaol  for  criminals  of  a 
more  desperate  character,  because  the  windows  are  more  secure.  These  are 
prisoners  waiting  trial,  and  waiting  transfer  to  the  penitentiary.  He  tries  to 
keep  juveniles  entirely  separate  from  adults  ;  but  when  the  gaol  is  crowded  this 
is  impossible. 

Perfect  classification  he  regarded  as  almost  impossible.  Any  associa- 
tion of  criminals  must  have  a  bad  effect.  If  boys  are  placed  in  a  separate  cor- 
ridor, one  will  corrupt  the  others.  A  perfect  classification  with  the  present 
construction  of  the  gaol  would  be  quite  impossible.  The  total  number  of  pei\sons 
sent  to  this  gaol  during  the  year  was  254.  Of  these  eight  were  sent  to  the 
Central  Prison  and  two  the  Mercer  reformatory.  Six  lads  committed  during 
the  year  were  aU  sent  to  the  Penetanguishene  reformatory ;  many  of  the 
prisoners  are  between  the  ages  of  16  and  25.  139  were  committed  as  drunk 
and  disorderly,  and  twentj^-seven  as  vagrants.  The  number  of  first  offenders 
was  175  ;  the  number  committed  a  second  time  was  thirty-two,  and  for  a  third 
time  fi)ur.  Some  of  the  thirty-two  might  have  been  committed  a  dozen  times 
in  ail,  but  during  that  year  they  were  committed  but  twice.  That  morning  he 
locked  up  a  man  who  had  been  in  no  less  than  twelve  times.  Fifty-six  of 
the  whole  number  were  married  men.  A  good  many  of  those  were  supporters  of 
families.  The  city  pays  SI 65  a  year  for  the  use  of  such  portion  of  the  gaol  as 
it  may  need,  and  sends  all  its  prisoners  to  it,  including  old  people  who  should 
properly  be  inmates  of  a  poor  house — probably  fifty  of  the  25  4-.  One  then  in 
gaol  was  a  woman  of  weak  mind  with  two  children. 

The  number  of  prisoners  in  the  gaol  on  September  30th  was  twenty. 

Besides  cutting  wood,  attending  to  the  grounds  and  breaking  stones,  some 
are  employed  picking  oakum.  Only  a  few  of  the  prisoners  are  unfit  for  con- 
tinuous labor,  but  no  industry  can  be  carried  on  in  a  common  gaol,  becau.se  the 
sentences  are  all  short  and  expire  before  the  prisoner  can  be  taught  anything. 

London. — Patrick  Kelly,  who  has  been  connected  with  this  gaol  as  turnkey 
and  gaoler  since  18G1,  stated,  that  the  staff  consists  of  the  gaoler,  three  turnkeys, 
a  night  watchman  and  two  matrons.  In  this  gaol  there  are  nine  corridors  and  a 
debtor's  ward.  Three  corridors  are  used  for  women.  There  are  four  yards. 
During  the  previous  year  1,042  persons  were  committed  to  this  gaol,  the  largest 
number  he  ever  knew  to  be  committed  in  one  year.  The  greatest  number  in 
confinement  at  any  one  time  was  sixty-eight.  When  he  had  that  number  he 
could  not  very  well  classify  them,  and  as  there  are  but  thirty-nine  cells  in  the 
male  wards  and  eleven  in  the  female,  he  had  to  make  shakedowns  on  the  floor 
for  some,  and  in  other  cases  put  two  in  a  cell.  At  that  time  there  were  many 
hardened  characters  in  the  gaol.  Sometimes  he  can  classify  the  prisoners  very 
well ;  but  generally  the  gaol  is  so  crowded  as  to  render  proper  clas.sification 
impossible.  They  do,  however,  generally  keep  those  they  know  to  be  very  bad 
separate  from  the  others.  Eight  of  the  prisoners  were  sent  to  the  Mercer 
reformatory,  five  to  Penetanguishene  and  seven  to  the  Kingston  penitentiar}'. 
Generally,  the  able-bodied  who  are  .sentenced  to  two  months'  imprisonment,  and 
sometimes  persons  sentenced  for  shorter  terms  are  removed  to  the  Central  Prison. 
Several  of  these  come  back  to  him  again.  Of  the  1,042,  five  hundred  and  sixty  were 
charged  with  having  been  drunk  and  disorderly.  Of  these,  several  were  committed 
more  than  once.  Of  those  committed  during  the  previous  year,  ninety -eight  had 
been  committed  twice  ;  twenty-six,  three  times  ;  twenty,  four  times  ;  seven,  five 
times  ;  three,   six  times  ;  two,   seven  times  and  one  eight  times.     He  said  that 


131 


some  have  been  committed  from  twenty  to  seventy  times  ;  that  several  have  been 
confined  nearly  a  year  and  it  did  them  no  gond.  He  then  had  twenty-nine 
habitual  drunkards  in  the  gaol.  The  vagrants  committed  during  the  year  num- 
bered 189.  Of  these,  many  were  old  people  without  homes  or  means  of  support 
who  would  have  been  more  properly  committed  to  the  poorhouse.  There  is  no 
law  to  compel  them  to  remain  in  the  poorhouse  and  they  prefer  the  gaol.  They 
are  committed  for  periods  of  three  to  six  months,  and  when  discharged  they 
generally  return.  Females  have  been  sentenced  to  twenty-three  months'  impri- 
sonment. Practically  they  are  permanent  residents,  and  live  and  die  in  the  <iaol. 
The  number  of  lunatics  in  the  gad  is  usually  from  twenty  to  twenty-five. 
Twenty-seven  boys  were  sent  to  the  gaol  during  the  year.  Of  these  iivewere  sent  to 
the  Penetanguishene  reformatory.  The  work  done  by  the  prisoners  is,  "  stone- 
breaking,  wood-cutting,  hauling  wood  from  the  court  house,  sawing  and  cutting 
wood  for  the  gaol  purposes,  white-washing,  scrubbing,  cleaning  the  gaol,  taking 
charge  of  the  court  house,  the  gaol,  and  the  grounds."  At  the  time  he  gave  evi- 
dence there  were  only  two  prisoners  "  under  sentence  for  labour."  Except  the 
vagrants,  "  who  can  stand  any  amount  of  idleness,"  prisoners  prefer  work  to 
being  locked  up  in  their  cells.  Prisoners  "  do  not  do  what  is  called  a  day's  work  ; 
they  do  not  perform  as  much  work  as  a  man  would  do  if  he  were  paid  for  it." 
What  thej  do  cannot  properly  be  called  hard  labour.  The  ministerial  association 
hold  religious  services  on  Sundays,  and  do  some  good. 

Lindsay. — Andrew  Jackson,  appointed  gaoler  in  1866,  stated  that  the 
number  committed  to  this  gaol  during  the  year  1889  was  sevent^'-two,  of  whom 
ten  were  women,  and  that  the  greatest  number  on  any  one  day  was  seventeen. 
Those  committed  as  vagrants  numbered  fourteen  and  th'  se  as  drunk  and  disorderly 
only  three.  Some  of  those  committed  as  vagrants  were  drunkards.  Nine  were  com- 
mitted as  insane.  The  prisoners  were  classified  capitally.  The  gaol  has  six  wards 
and  twenty-four  cells,  on  three  storeys.  The  gaol  meets  all  requirements  ;  it  is 
heated  by  hot  water  and  has  all  the  m.odern  conveniences.  Very  few  are  sent 
to  the  Central  Prison.  There  are  usually  three  or  four,  or  five  prisoneis  in  the 
gaol  fit  to  do  a  fair  daj^'s  work.  They  are  kept  to  work  cutting  wood,  breaking- 
stone,  washing  and  the  like.  Tramps,  those  who  come  round  in  the  winter  time 
and  are  committed  for  a  month,  are  put  to  breaking  stone  ;  when  discharged, 
even  in  the  coldest  weather,  they  are  glad  to  go  and  do  not  return  ;  they  are 
made  to  break  stone  in  the  winter  time  in  a  tent.  They  have  no  chance  for 
loafing  in  that  gaol.  He  had  seen  them  glad  to  leave  the  gaol  in  a  storm.  It 
is  a  tarce  to  keep  them  in  gaol  idle.  Seven  boys  chietiy  from  the  town  and  a 
girl  were  committed  for  stealing  sugar,  fruit  and  such  things.  There  is  no  poor 
house  in  the  county  and  he  thinks  it  very  objectionable  that  the  gaol  should  be 
used  as  a  poor  hou^^e. 

LOrignaJ. — John  D.  Cameron,  the  gaoler,  stated  that  this  gaol  has  six 
corridors,  four  wards  and  eighteen  cells.  It  has  two  fioors,  and  on  each  tliere 
are  six  cells  on  one  side  and  three  on  the  other.  It  has  two  yards,  one  for  the 
men  and  the  other  for  the  women.  The  entire  number  of  prisoner's  during  the 
year  previous  was  thirty-six.  Of  these  seven  remained  from  the  year  before. 
One  or  two  were  committed  as  drunk  and  disorderly,  three  for  contempt 
of  court  and  eight  as  lunatics.  None  were  committed  as  vagrants.  One  boy 
under  the  age  of  sixteen  was  committed  as  insane,  but  really  because 
he  was  incorrigible.  The  commitments  for  ten  years  were  :  19  in  1879;  21  in 
1880;  19  in  1881;  16  in  1882  ;  23  in  1888;  23  iii  1884;  28  in  1885  ;  20  in  1886; 
22  in  1887  ;  17  in  1888  ;  29  in  1889.  The  day  previous  he  had  six  in  gaol. 
Three  of  these  were  insane  men  and  one  was  charged  with  murder.  One  woman 
was  accused   of  murder  and   one  was  committed   as  insane.     Even   with  such 


132 


small  numbers  he  sometimes  found  proper  classification  impossible.  The 
insane  would  not  be  laken  at  the  asylum  because  they  are  considered  incurables. 
They  are  not  dangerous  except  when  they  are  with  their  relatives.  One  insane 
old  lady  had  been  thirty  years  insane.  Only  one  is  a  proper  subject  for  an 
asylum.  One  woman  was  committed  for  insanity  because  she  was  poor  and 
"  her  people  could  not  keep  her."  She  was  allowed  to  go  home  when  it  was 
found  that  she  was  not  insane.  The  only  labour  in  this  gaol  is  stone-breaking 
as  the  wood  is  cut  when  sent  to  them.  The  corporation  send  in  the  stone.  Some 
years  as  many  as  thirty  toises  are  broken.  No  prisoner  was  sent  from  this  gaol 
to  the  Central  Prison  or  Mercer  reformatory  during  the  year,  but  three  were 
sent  to  the  penitentiary  for  assault  with  intent,  last  year.  During  the  ten 
years  two  were  sent  to  the  penitentiary  for  felonious  assault,  two  for  burglary, 
four  for  robbery,  one  for  murder  and  one  for  seduction.  The  murder  was 
deliberate. 

Milton. — William  Van  Allan  appointed  gaoler  twelve  years  ago  has  been 
twenty-two  years  in  the  gaol.  It  has  four  separate  corridors,  twenty-two  cells 
besides  the  dark  cell,  and  three  yards,  one  of  which  is  used  for  stone  breaking. 
Another  yard  is  enclosed  by  a  wooden  fence.  Including  those  who  remained  at 
the  close  of  the  previous  year  33::  prisoners  passed  through  the  gaol  during  the 
year  1889.  This  was  greater  than  the  usual  number.  In  iSS-i  he  had  140;  in 
1885  he  had  252  ;  in  1886,  273;  in  1887,  255  ;  and  in  1888  he  had  493.  The 
great  increase  in  1888  was  caused  by  the  number  of  tramps.  In  1883  the  vagrants 
numbered  only  97;  last  year  he  had  273.  These  were  principally  from  Hamil- 
ton, Toronto  and  Brampton.  They  describe  a  circle  around  those  towns  and 
come  back  again,  sometimes  in  about  ten  days.  They  are  drunken,  lazy  char- 
acters. Of  the  total  commitments  300  were  for  a  first  time.  Only  twenty-seven 
were  recorded  as  committed  for  a  second  time  and  five  for  a  third  time.  Asked 
to  reconcile  these  returns  with  his  statement,  the  ga'/ler  said  these  were  all  tramps 
anyway.  The  only  way  to  find  out  whether  they  had  been  in  other  gaols  was 
by  asking  them  the  question,  and  no  one  could  believe  a  word  they  say.  The 
greatest  number  of  prisoners  on  any  one  day  last  year  was  twenty-nine.  The 
classification  is  easily  made  although  there  are  but  twenty-two  cells.  When  the 
tramps  came  in  he  did  not  give  them  a  bed  but  let  them  lie  down  in  a  corridor. 
He  gave  them  bread  and  water  at  night  and  regular  gaol  rations  in  the  morning. 
They  remained  one  night  only.  He  never  tried  to  set  them  to  work.  Tiiey 
merely  go  in  on  remand  from  the  mayor  or  magistrate,  and  they  remain  simply 
over  night.  There  is  no  police  station  in  the  town  at  which  they  could  take 
shelter.  Next  morning  he  gives  them  a  breakfast  and  turns  them  out.  Only 
fourteen  were  regularly  committed.  The  majority  of  these  were  taken  in  by  the 
police  under  warrant  from  the  mayor.  When  a  vagrant  wants  to  be  arrested 
he  applies,  to  the  police  and  a  policeman  fills  in  a  blank  supplied  by  the  mayor, 
who  signs  a  large  number  at  once.  Then  the  vagrant  presents  himself  with 
the  document  at  the  gaol  and  is  admitted.  The  vagrants  are  not  all  Canadians. 
The  principal  part  are  English.  He  knew  this  by  their  brogue.  Many  of  them 
are  drunken,  worthless  fellows,  who  prefer  this  vagrant  life  to  any  other.  They 
are  seldom  intoxicated  when  they  go  to  the  gaol  because  they  "  have  nothing 
to  get  intoxicated  with."  When  they  leave  they  go  to  Brampton,  to  Georgetown 
and  sometimes  to  Oakville  and  other  places.  Some  of  them  work  on  railroads 
in  summer,  spend  their  money  as  fast  as  they  earn  it  and  are  destitute  in  winter. 
They  do  not  like  to  work  with  farmers.  They  say  it  is  too  hard.  He  was 
not  troubled  with  them  until  work  commenced  on  the  railway.  He  had  three  in 
gaol  the  night  previous.  If  the  vagrants  were  set  to  work  at  breaking  stones  to 
pay  for  their  food  and  lodging    they  would  not  get  away  from  the  places  as 


138 


they  now  do  when  let  out  in  the  morning.  The  majority  of  them  are  physically 
fit  for  any  kind  of  labour.  He  does  not  think  many  of  them  are  criminals  at 
heart.  Of  the  other  prisoners  he  puts  those  awaiting  trial  in  a  corridor  bv 
themselves.  He  does  not  attempt  to  classify  the  convicted  or  to  keep  firs't 
offenders  away  from  old  offenders.  He  does  not  get  many  young  men,  but  when 
he  does  he  tries  to  put  them  in  a  corridor  by  themselves,  and  boys  when  com- 
mitted he  tries  to  keep  away  from  adult  prisoners.  He  has  one  corridor  for 
women.  Very  few  are  committed.  Last  year  he  had  only  eight.  He  separates 
the  less  guilty  from  those  of  loose  character  when  he  can. 

There  is  no  poorhouse  in  the  county,  and  some  of  the  poor  are  sent  to  the 
gaol.  He  then  had  one  old  man  in.  He  has  had  four.  They  are  generally  com- 
mitted for  the  winter  six  months  and  let  out  for  the  summer.  They  return  in  the 
fall.  Of  all  the  prisoners  only  twenty-one  were  charged  with  felonies.  The 
work  of  the  gaol  is  cutting  wood,  shovelling  snow  and  keeping  the  place  clean. 
When  there  is  not  enough  of  other  work  some  are  put  on  the  stone  pile  and 
these  have  to  do  a  reasonable  day's  work.  Any  who  do  not  are  deprived  of  food. 
Generally  they  work  tolerably  well.  He  sent  two  prisoners  to  the  Central 
Prison  last  year  but  none  to  the  Mercer  reformatory.  The  three  boys  sent  to 
the  gaol  during  the  year  were  children  ol  respectable  parents  at  Oakville. 
They  were  charged  with  house  breaking  and  larceny  i  n  four  different  cases. 
Three  w^ere  sentenced  to  a  month's  imprisonment,  to  be  put  in  one  corridor  and 
kept  two  days  on  bread  and  water  and  afterwards  on  prison  allowance.  In  one 
case  the  sentence  was  suspended.     They  have  behaved  well  since. 

Napanee. — A.  Vanluven  has  been  gaoler  about  nine  and  a  half  years.  He 
stated  that  this  gaol  has  four  corridors  and  eighteen  cells  — two  of  the  corridors 
having  six  cells  each  and  the  others  three  cells  each,  and  it  has.  three  yards  and 
one  working  yard.  The  entire  number  of  prisoners  during  the  year  was  forty- 
four  ;  the  greatest  number  on  one  day  was  fifteen  ;  the  lowest  was  two.  On 
September  30th  the  number  was  four.  Four  were  committed  for  drunkenness, 
seventeen  as  vagrants,  three  as  insane,  and  tive  for  selling  liquor  without  license. 
He  has  had  as  many  as  three  or  four  boys  in  the  gaol  at  a  time.  As  a  rule  boys 
are  separated  from  the  adults,  but  the  attempts  at  classification  have  not  been 
very  successful.  The  civil  jjrisoners  cannot  always  be  sepaiated  from  the  crim- 
inal, nor  those  awaiting  trial  from  the  convicted.  The  number  of  criminals  that 
pass  through  the  gaol  is  small,  but  there  are  only  three  corridors  for  men. 
Three  boys  were  in  the  gaol  during  the  past  year.  They  were  charged  with 
stealing  old  iron  and  lead.  One  was  afterwards  sent  to  the  reformatory  for  five 
years.  One  was  kept  in  gaol  for  a  week.  They  are  all  town  boys  that  come  to 
him.  One  prisoner  was  removed  to  the  Central  Prison.  Some  of  the  poor  of  the 
county  are  maintained  by  being  sent  to  gaol.  In  some  cases  the  council  give  a 
grant  to  certain  families,  and  in  some  cases  pay  families  for  taking  care  of  the 
poor.  Some  of  those  committed  as  vagrants  are  tramps,  but  most  of  them  are 
old  people  unfit  for  work.  A  couple  of  acres  of  land  is  attached  to  the  gaol,  but 
no  gardening  is  done.  The  only  work  is  cutting  wood,  and  there  are  hardly 
prisoners  enough  to  cut  all  that  is  required.  A  good  many  are  phj'sically  incap- 
able of  doing  work. 

The  deputy  sheriff  stated  that  of  the  forty-four  prisoners  only  seven  were 
charged  with  indictable  offences. 

Ottawa — This  gaol,  of  which  William  Kehoe  was  appointed  gaoler  in  1883, 
has  eight  corridors ;  one  of  these  in  the  basement  is  used  as  a  day  hall  and 
dining  room,  and  another  as  a  punishment  cell.  It  has  96  cells  and  four  yards. 
One  is  the  gaoler's  yard,  one  a  square  in  which  the  storehouse  and  sheds  stand, 
one  is  the  coal  and  wood  yard,  and  one  the  prisoner's  working  and  airing  yard. 


134 


During  the  year  548  males  and  143  females,  making  691  in  all,  were  committed 
to  this  gaol.  Twenty  of  these  were  boys  under  16  years  of  age,  two  were  girls, 
and  21  were  lunatics.  The  greatest  number  in  the  goal  on  any  one  day  was  48. 
The  number  on  the  day  evidence  was  taken  was  32  males  and  11  females.  The 
classification  is  not  satisfactory.  Young  boys  cannot  always  be  kept  separate 
from  adults,  or  lunatics  from  other  prisoners  ;  or  civil  from  criminal  prisoners. 
Nor  can  young  women  charged  with  trifling  offences  be  always  separated  from 
women  of  the  most  degraded  class.  Changes  were  undertaken  for  the  purpose  of 
improving  tlie  classification  and  were  almost  complete.  The  corridors  were  to 
be  divided  by  strong  partitions  and  the  number  would  -practically  be  almost 
doubled.  Even  this  the  gaoler  thought  would  not  enable  him  to  make  a  perfect 
classification,  although  with  a  sufficient  number  of  attendants  much  could  be 
done  when  the  corridors  were  divided.  News  is  sent  from  one  corridor  to 
another  in  the  most  wonderful  way  by  a  system  of  telegraphy. 

Forty -two  of  the  prisoners  were  sentenced  directly  to  the  Central  Prison  and 
three  others  were  sent.  Several  of  the  45  came  back  during  the  year.  Eight  were 
sent  to  the  penitentiary.  Of  those  who  remained  in  the  gaol  under  sentence  a 
number  were  fit  for  work,  probably  90  per  cent.  Two  hundred  and  seventy-six 
were  committed  as  drunk  and  disorderly.  They  were,  for  the  most  part, 
occasional  offenders.  About  one-half  were  committed  for  the  first  time,  one-quar- 
ter twice,  and  the  other  quarter  was  made  up  of  fourth,  fifth  and  sixth  time 
offenders.  In  many  cases  the  offenders  were  supporters  of  families.  Many  were 
from  25  to  40  years  of  age  and  unmarried.  A  considerable  number  are  sent  to 
this  gaol  who  siiould  be  sent  to  poor  houses.  These  are  chiefly  old  men.  A  few 
women  are  also  sent.  Forty-nine  in  all  were  sent  to  the  gaol  as  vagrants.  Many 
of  these  would  not  work  while  they  could  avoid  it.  Nearly  all  were  drunkards. 
The  number  of  Aouths  under  16  imprisoned  during  the  year  was  22.  Nearly  all 
were  charged  with  larceny. 

When  the  commissioners  visited  this  gaol  they  found  four  boys  in  one  cell 
who  were  accused  of  larceny.  The  gaoler  thought  it  was  better  to  put  them  in 
one  cell  than  to  place  them  in  separate  cells  and  he  thought  no  one  should  be 
punished  by  .solitary  confinement  who  had  not  yet  been  convicted.  The  com- 
missioners also  found  in  oue  coi'ridor  five  or  six  men  accused  of  heinous  crimes 
who  were  free  to  seak  what  comfort  they  could  find  in  association.  The  princi- 
ple that  the  accused  should  be  regarded  as  innocent  until  found  guilty  was  much 
strained  in  their  case.     There  certainly  seemed  no  need  for  classification. 

The  labour  carried  on  the  gaoler  described  as  "general  labour,"  stone  break- 
ing, sawing  wood,  putting  in  coal  when  required,  keeping  the  gaol  clean,  and  in 
winter  shovelling  snow  and  keeping  the  paths  clear  all  round  the  building.  He 
did  not  see  how  they  could  be  employed  profitably  at  any  thing  else.  There  was 
sufficient  work  for  ail  the  prisoners. 

The  sheriff',  Dr.  Sweetland,  corroborated  the  testimony  of  the  gaoler. 
Questioned  as  to  what  would  be  effected  by  the  improvements  in  the  gaol  structure 
he  said :  "  Well,  you  could  never  call  it  (the  classification)  perfect  I  suppose ;  but 
if  we  got  rid  of  the  non-criminal  classes  I  think  we  could  make  it  pretty  fair. 
If  we  got  rid  of  the  vagrants  and  of  the  indigent  incapable  of  earning  their  own 
living  who  are  sent  in  for  no  crime  this  would  enable  us  to  make  a  better  classifi- 
cation of  the  criminal  classes." 

Owen  Sound. — Juhn  Miller,  appointed  gaoler  in  1862,  stated  that  this  gaol 
has  six  corridors  and  thirty-two  cells.  The  ground  floor  and  upper  storey  are 
used  for  male  prisoners,  and  the  central  storey  for  women.  It  has  three  yards, 
one  for  males,  one  for  females,  and  the  working  yard.  He  thought  the  classifica- 
tion reasonably  good.     At  any  rate  he  classified  them  to  the  best  of  his  ability. 


135 


He  does  not  think  it  advisable  always  to  keep  lads  separate.  Some  of  them  are 
as  bad  as  very  old  offenders.  He  would  want  at  least  four  more  corridors  to 
make  the  classification  satisfactory.  He  puts  vagrants  and  drunks  together,  and 
those  under  sentence  for  felonies  and  misdemeanors  he  puts  by  themselves  when 
he  can.  Often  he  must  mix  those  awaiting  trial  with  the  sentenced  prisoners. 
The  top  flat  has  only  fourteen  cells,  and  this  often  makes  the  efforts  at  classifica- 
tion of  doubtful  effect.  There  are  two  corridors  for  females,  and  he  separates  the 
young  from  hardened  offenders,  but  there  is  no  proper  classification.  The 
insane  are  put  with  the  others.  Seventeen  prisoners  were  sent  to  the  Central 
Prison  daring  the  year — these  were  of  the  worst  class  of  sentenced  prisoners — 
and  three  to  the  Mercer  Reformatory.  Nineteen  boys  under  16  were  committed 
for  petty  larceny  and  other  offences,  ail  except  one  for  the  first  time.  They  came 
chiefly  from  the  towns  of  Owen  Sound,  Meaford  and  Durham.  Thirty-five  males 
and  four  females  were  committed  as  vagrants, and  46  on  charges  of  drunkenness  and 
disorderly  conduct.  The  majority  of  those  committed  as  vagrants  are  homeless 
persons  not  fit  for  work.  Fully  one-half  would  be  proper  subjects  for  a  poor  house, 
but  there  is  no  poor  hou.se  in  the  count3^  The  number  of  insane  was  eleven.  He 
had  five  at  one  time.  In  some  cases  the  insanity  was  of  a  mild  form,  in  others 
violent.  The  longest  period  the  insane  are  allowed  to  remain  in  the  gaol  is  about 
six  months.  One  died  in  the  gaol  The  total  number  of  commitments  on  all 
charges  was  about  200.  This  he  thought  represented  about  175  persons.  The 
work  done  at  this  gaol  is  of  the  usual  kind,  cleaning  the  gaol,  cooking  the 
food,  cutting  wood  and  the  like.  Breaking  stone  has  not  been  carried  on  for 
some  time.  It  would  be  good  work  if  there  were  a  suflScient  number  of  prisoners 
to  make  it  worth  while,  but  he  had  not  alwa3^s  men  enough  to  do  the  other 
work. 

Of  the  175  prisoners,  105  were  committed  for  the  first  time ;  forty-four  for 
the  second  time  ;  twenty-one  for  the  third  time  ;  and  twenty-two  were  committed 
more  than  three  times,  but  not  so  often  in  the  one  year. 

Orangeville. — Alexander  Sutherland,  appointed  gaoler  in  1881,  stated  that 
this  gaol  is  said  to  have  six  wards,  but  properly  speaking  it  has  only  four.  On 
the  ground  floor  he  puts  the  male  vagrants,  drunkards,  and  those  charged  with 
minor  offences  and  on  the  the  upper  floor  the  criminals.  But  sometimes  this  dis- 
tinction cannot  be  observed  and  it  even  becomes  necessary  to  put  six  or  eight 
beds  on  the  floor.  At  the  other  side  he  puts  female  vagrants  and  other  offenders 
on  the  ground  floor  and  the  female  criminals  on  the  upper.  There  is  a  yard  for 
males  and  a  yard  for  females.  The  total  number  of  prisoners  in  1889  was  84. 
Of  these  36  males  and  4  females  were  vagrants,  or  drunk  and  disorderly.  One 
insane  person  has  been  confined  in  this  gaol  "  all  the  time."  There  was  a  second. 
He  did  not  attempt  a  classification.  He  had  no  young  lads  in  the  gaol  then.  He 
seldom  had  any.  Of  those  described  as  vagrants,  several  were  poor  people,  home- 
less and  infirm.  These  are  repeatedly  recommitted.  When  their  teim  expires, 
the  papers  are  prepared  and  they  are  recommitted  without  leaving  the  gaol.  In- 
deed some  of  them  could  not  go  out.  Some  have  been  in  for  nine  years.  One 
woman  had  spent  five  yeais  in  the  gaol.  There  were  usually  five  or  six  of  that 
class.  Only  one  or  two  of  those  committed  were  able  and  unwilling  to  work. 
There  is  no  poor  house  in  the  county  of  Dufferin.  Tiie  total  number  of  recom- 
mitments was  41,  but  the  returns  did  not  show  how  many  were  committed  more 
than  once  during  the  year.  No  women  have  been  committed  for  some  years  and 
it  is  sometimes  necessary  to  employ  a  washerwoman.  Two  decent  young  men 
committed  as  vagrants  did  much  of  the  washing.  The  work  of  the  gaol  was  the 
domestic  work,  keeping  the  gaol  and  court  house  clean  and  some  gardening. 


136 


Pembroke. — James  Wright,  who  was  appointed  gaoler  in  1876,  having 
previously  acted  as  chief  constable  stated  that  this  gaol  has  four  wards  and  24 
cells.  In  each  of  two  of  the  wards  there  are  eight  cells.  It  has  two  yards  one 
called  a  kitchen  yard  and  the  other  is  an  exercise  and  work  yard.  He  tries  to 
keep  juvenile  offenders  separate  from  adults  but  cannot  always  do  so.  He  could 
not  do  so  at  the  time  he  gave  evidence  as  one  of  the  wards  was  occupied  bj'  luna- 
tics, one  by  females  and  the  others  by  prisoners  under  sentence  and  those 
awaiting  trial.  The  prisoners  then  numbered  13.  Three  were  boys,  the  oldest 
14  and  the  youngest  4  years  of  age.  Two  of  these  were  under  sentence.  Four 
were  lunatics.  One  charged  with  an  unnatural  offence  was  awaiting  trial ;  one 
was  under  sentence  for  larceny,  one  awaiting  trial  for  larceny,  one  was  imprison- 
ed for  contempt  of  court  and  three  were  vagrants.  One  sentenced  for  larceny,  one 
for  contempt  of  court  and  two  male  vagrants  were  in  one  ward  ;  those  awaiting 
trial  in  another ;  the  insane  in  a  third  and  the  females  in  the  fourth  ward.  A 
proper  classification  was  impossible,  the  greatest  number  in  the  gaol  on  any  day 
of  the  year  was  18  and  the  smallest  was  6.  When  the  number  was  smallest  classi- 
fication was  possible.  The  mixing  together  of  criminals  has  a  bad  effect.  He 
gave  the  instance  of  a  boy  of  14  who  had  become  a  confirmed  criminal.  During 
the  previous  winter  he  was  compelled  to  put  tw^o  young  men  one  of  the  age  of 
19  the  other  of  20  who  were  arrested  for  the  first  time  on  a  charge  of  larcenj^  in 
the  same  ward  with  men  one  of  whom  was  charged  with  murder  and  the  others 
with  burglary  and  larceny.  A  number  are  left  in  this  gaol  sentenced  to  three, 
four  or  five  months'  imprisonment  who  should  be  sent  to  the  Central  Prison.  Dur- 
ing his  time  six  women  had  been  sent  to  the  Mercer  reformatory  and  five  boys 
to  Penetanguishene.  He  had  eight  vagrants  during  the  year,  some  charged  with 
having  oeen  drunk  and  disorderly.  The  number  of  this  class  had  been  reduced 
since  a  gaol  had  been  opened  at  Nipissing.  The  annual  commitments  had  been  over 
100.  They  are  down  to  91  now.  Nine  insane  people  had  been  committed  that 
year;  four  were  in  the  gaol  then ;  two  of  these  are  imbeciles  who  (should  be  in  a 
poor  house  There  was  no  necessity  for  sending  these  two  and  another  to  gaol. 
Some  of  the  vagrants  were  drunkards.  None  of  them  were  willing  to  work. 
There  was  no  work  to  be  done  at  the  gaol  when  the  evidence  was  taken.  There 
was  no  wood  to  cut  or  stone  to  break.  At  one  time  the  corporation  furnished 
stone  for  the  prisoners  to  break  but  they  thought  this  too  expensive  although 
they  paid  nothing  for  the  labour  and  they  would  furnLsh  no  more.  The  chair- 
man of  the  gaol  committee  said  they  could  buy  broken  stone  for  less  than  it 
would  cost  to  cart  them  in  and  out  of  the  gaol,  and  they  would  not  bother  wnth  it. 
Prisoners  should  be  kept  to  work  and  there  is  no  other  work  at  which  they  can 
be  emploj^ed.  Three  boys  under  sixteen  were  sentenced  to  two  months'  imprison- 
ment for  larceny.  Two  boys  from  the  rural  districts  w^ere  lately  sentenced  to 
two  months'  imprisonment  for  stealing  meal  and  molasses.  One  of  those  boya 
was  back  again.  Juvenile  offenders  he  thought  were  on  the  increase,  but  there 
was  not  as  much  drunkenness  as  in  the  old  lumbering  times.  Only  five  were 
committed  for  drunkenness  during  the  year.  Clergymen  visit  this  gaol  only 
when  invited  and  there  is  no  religious  instruction  but  what  the  gaoler  himself 
gives. 

Paupers  who  have  committed  no  offence  are  committed  to  this  gaol ;  there  ia 
no  poor  house  and  the  gaoler  did  not  know  that  the  municipahties  provide  for 
their  poor  in  any  other  way. 

PeW/i.— James  Thompson,  Sheriff  of  the  County  of  Lanark,  stated  that  the 
Perth  gaol  has  four  wards,  two  above  and  two  below  and  two  yards,  one  for  males 
the  other  for  females,  besides  a  working  yard.  The  cells  number  18.  One  of  the 
upstair   w^ards  is  generally  for  women.     There  were  89  prisoners  in  the  oaol 


137 


du7-ino  the  year  including  two  boys.  The  greatest  number  on  one  day  was  27, 
of  whom  four  were  women.  He  thought  they  used  only  two  corridors  with  15 
cells  for  the  men  when  they  were  so  crowded.  They  are  often  crowded  in 
winter.  They  cannot  keep  lads  separated  from  adults,  the  untried  from  the  sen- 
tenced or  lunatics  from  others.  Of  the  prisoners  convicted  during  the  year  33 
were  vagrants,  two  were  drunk  and  disorderly,  ten  were  insane  and  two  were 
committed  for  contempt  of  court.  Of  the  vagrants  some  were  old  helpless  prison- 
ers, but  the  majority  were  young  and  able-bodied  who  belonged  to  the  county. 
They  were  arrested  as  persons  who  had  no  employment  or  means  of  living  at  the 
instance  of  friends  who  sought  to  get  rid  of  them  in  that  way.  Some  of  the 
vagrants  were  foreigners.  On  the  day  before  the  witness  gave  evidence  there 
were  in  the  gaol  seven  men  and  two  women  committed  as  vagrants  and  three 
who  were  insane.  This  is  usually  the  character  of  the  prisoners.  The  gacl  is 
more  of  the  nature  of  a  poor  house  than  anything  else.  Some  of  the  old  people 
have  been  there  five  or  six  years.  Frequently  they  are  discharged  when  the 
time  for  which  they  were  committed  expires  and  they  are  immediately  committed 
again.  One  woman  and  her  six  illegitimate  children  have  been  repeatedly  com- 
mitted as  vagrants.  They  have  gone  in  and  out  frequently.  Two  of  the  children 
were  born  in  the  gaol.  Of  the  lunatics  one  certainly  and  perhaps  a  second  should 
be  cared  for  in  a  poor  house.  Besides  the  domestic  work  and  the  cutting  of  wood 
used  in  the  gaol  the  men  are  kept  at  work  stone  breaking.  Of  those  in  the  gaol 
at  that  time  only  two  were  fit  for  labour.  Only  two  were  committed  for  drunken- 
ness. The}^  are  not  committed  unless  they  are  disorderly.  Three  were  sent  to  the 
Central  Prison 

W.  H.  Grant,  the  gaoler,  in  his  evidence  said  :  At  certain  seasons  of  the  year 
we  cannot  get  proper  classification  at  all.  In  the  winter  when  we  have  a  number 
of  vagrants"  it  is  impossible.  Of  the  three  sent  to  the  Central  Prison  two  were 
sentenced  to  imprisonment  in  the  gaol  and  were  i-emoved  to  the  prison.  The 
council  allow  the  prison  officials  to  buy  stone  and  sell  it  again  when  broken.  The 
corporation  of  Perth  sometimes  buy  it.  Of  the  able-bodied  vagrants  he  said 
''■  the  fact  is  they  spend  all  the  money  they  earn  in  the  summer  and  then  in  the 
winter  they  go  to  gaol  where  they  remain  in  comfortable  quarters  until  spring 
and  don't  make  any  attempt  to  find  work." 

Peterboro. — H.  Nesbitt,  the  gaoler,  has  been  connected  with  this  gaol  for 
twenty-DWO  years  It  has  four  coriidors  and  twelve  single  and  six  double  cells. 
Two  beds  can  be  placed  in  each  of  the  double  cells.  Three  wards  are  for  males 
and  the  fourth  for  females.  He  sometimes  has  thirty  prisoners  ;  seldom  less 
than  twenty.  He  cannot  provide  properly  for  more  than  four  females  at  a  time. 
Classification  is  impossible.  He  seldom  has  any  boys  in  the  gaol.  When  he 
has  he  puts  them  with  old  men  and  other  prisoners  not  charged  with  serious 
crimes.  Lunatics  are  put  with  the  other  prisoners.  First  offenders  are  as  far 
as  possible  kept  separate  from  the  hardened  criminals,  From  time  to  time  quite 
a  number  have  been  sent  to  the  Central  Prison  and  the  Reformatory.  He  under- 
stood that  the  sheriff  had  instructions  to  send  none  to  the  Central  whose 
sentence  was  less  than  six  months  imprisonment.  One  hundred  and  twenty- 
seven  prisoners  were  committed  to  this  gaol  during  the  year  1889.  For  vagrancy 
nineteen  men  and  four  women  were  committed ;  for  drunkenness  the  commit- 
ments were  over  forty.  Some  of  these  are  habitual  drunkards.  Such  boys  as 
are  sent  to  gaol  are  generally  charged  with  triHing  offences.  Some  are  sent  to 
the  Reformatory,  others  are  let  go  on  suspended  sentence.  Of  those  committed 
as  vagrants  several  are  poor  helpless  people  who  have  committed  no  offence 
and  who  should  be  in  a  poor  house.  There  are  five  or  six  of  this  class  almost 
constantly  in  the  gaol.     Some  go  out  aad  come  back  again  at  the   end  of  six 


138 


months,  There  are  a  large  number  of  others  who  go  in  for  shorter  periods. 
There  is  no  poor  house  in  the  county.  Of  the  insane  one  has  been  in  the  gaol 
for  two  years.  One  was  tried  for  shooting  his  son  and  acquitted  on  the 
ground  of  insanity.  As  in  other  gaols  there  is  no  work  besides  cleaning  the 
gaol  and  courthouse,  keeping  the  gruunds  in  order  and  cutting  wood.  The  grand 
juries  have  several  times  recommended  that  stone-breaking  be  introduced,  but 
the  council  has  paid  no  regard  to  their  presentments.  Frequently  there  are 
prisoners  in  the  gaol  who  have  nothing  to  do. 

Picton. — William  A. Patterson, gaoler, appointed  fourteen  years  ago  stated  that 
this  gaol  has  four  corridors,  twenty-two  cells  and  four  yards— three  for  exercise  and 
one  for  labour.  The  whole  number  of  prisoners  during  the  year  was  fifty-three,  all 
men  ;  the  largest  number  on  one  day  was  six.  The  gaoler  thinks  he  has  sufficient 
means  of  classification  so  far.  One  corridor  is  generally  kept  for  the  exclusive 
use  of  prisoners  awaiting  trial.  The  gaol  is  sufficient  for  all  purposes  of  a  gaol 
for  the  county.  He  has  not  had  a  boy  under  sixteen  in  his  custody  once  in  five 
years.  Of  the  53  committed  during  the  previous  year,  36  were  charged  with 
having  been  drunk  and  disorderly.  Three  or  four  of  these  had  been  committed 
more  than  once.  Some  paid  their  fines  after  they  had  been  in  gaol  a  day  or  two. 
No  prisoners  were  sent  to  the  Central  Prison  during  the  year,  and  no  lunatics 
were  confined  in  the  gaol.  Many  of  the  class  now  sent  to  this  gaol  would  be  proper 
subjects  for  a  poor-house.  One  sent  in  last  year  died  a  few  days  after  he  was 
committed.  He  had  no  friends.  He  was  an  old  resident  and  was  found  dying 
at  the  door  of  the  Methodist  church.  He  w^as  dying  when  brought  to  gaol.  The 
work  in  this  gaol  is  cutting  wood  and  keeping  the  place  in  order.  That  was 
sufficient  last  year.     They  could  hardly  find  men  to  do  the  wood  cutting. 

St.  Catharines. — John  Hamilton  appointed  in  1846  is  the  oldest  gaoler  in  the 
province.  This  gaol  has  six  corridors,  of  which  two  have  been  divided,  -40  cells 
and  three  yards.  He  had  150  prisoners  once  during  the  cutting  of  the  canal,  but 
the  largest  number  in  the  year  1889,  was  15.  He  has  one  turnkey  aged  65. 
When  he  has  only  one  boy  he  does  not  put  him  in  a  corridor  by  himself.  He 
prefers  to  put  him  with  another  prisoner  who  is  not  a  bad  man.  Women  are 
kept  separate  from  the  men,  but  sentenced  prisoners  are  not  separated  from  those 
awaiting  trial.  He  never  does  that.  "  If  you  have  four  or  five  bad  men  in  for 
trial  and  put  them  in  a  corridor  by  themselves,  jon  have  a  hard  chance  of  keep- 
ing them  there."  He  "  mixes  them  up  with  the  others  for  safety."  He  does  not 
attempt  any  classification  in  the  yards.  He  could  classify  the  prisoners  there, 
but  he  does  not  think  it  is  worth  while.  The  whole  number  of  prisoners  com- 
mitted during  the  previous  year  Avas  108, of  whom  21  were  women.  The  greatest 
number  at  one  time  was  13.  He  could  classify  these  in  the  eight  corridors,  but 
sometimes  it  would  not  be  easy  for  him,  and  he  did  not  try.  He  did  not  think 
there  was  any  harm  in  mixing  male  prisoners.  The  only  work  done  was  keeping 
the  gaol  clean  and  cutting  wood.  Sometimes  he  found  it  hard  to  get  men  to  cut 
the  wood.  One  half  the  prisoners  were  not  able  to  work.  13  prisoners  were 
sent  to  the  Central  Prison  during  the  year.  None  to  the  Mercer.  Very  few 
women  are  sent  to  this  gaol.  Some  are  sent  who  should  be  sent  to  the  |)0or 
house.  He  then  had  a  blind  man  in  gaol  who  should  be  cared  for  in  the  poor 
hou.se.  Crime  had  diminished.  When  he  came  over  to  St. Catharines, the}' had  140 
prisoners.  Sometimes  when  the  gaol  was  nearly  empty  and  the  sentences  of  the 
remaining  prisoners  had  nearly  expired,  he  would  ask  the  sheriff  if  he  would  let 
the  rest  go  and  the  .sheriff  would  say  "  Oh  yes,  let  them  go." 

St.  Thomas. — Nelson  Moore  was  appointed  gaoler  in  1882.  The  staff"  con- 
sists of  a  gaoler,  two  turnkeys,  a  matron  and  gaol  surgeon.     The  gaol  has  two 


139 


corridors,  four  wards  and  sixteen  cells.  One  is  a  dark  or  punishment  cell.  It 
has  a  yard  for  males  and  one  for  females  and  a  labour  yard.  In  the  lower  right 
ward  he  generally  puts  the  hard  labour  men.  If  he  has  more  than  can  be  put 
in  that,  he  puts  some  in  the  ward  on  the  left,  but  he  puts  those  on  the  right 
whom  he  requires  to  do  the  hard  work.  The  ward  on  the  right  upstairs  he  uses 
for  debtors  and  prisoners  committed  for  trial  Those  awaiting  trial  he  puts  in 
the  upstairs  ward  on  the  left.  The  females  are  entirely  separate  and  neither 
gaoler  nor  turnkey  ever  enters  their  wards  unless  at  the  request  of  the  matron 
and  in  her  presence.  There  are  no  means  of  classifying  the  female  prisoners. 
One  hundred  and  eighty-one  persons  were  committed  during  the  year,  and  three 
were  in  the  gaol  at  the  close  of  the  year  previous.  The  largest  number  on  any 
one  day  was  twenty-one.  On  September  30th  the  number  was  ten.  It  was 
impossible  to  classify  the  twenty-one  properly,  as  there  were  only  sixteen  cells. 
He  had  to  mix  them  up,  but  he  selected  as  best  he  could  those  to  be  placed  in 
the  same  cells  and  same  corridors.  He  had  sixteen  boys  during  the  year  and  he 
was  not  always  able  to  keep  boys  separated  from  adults,  although  he  did  the  best 
he  could.  For  a  proper  classification,  he  would  require,  at  least,  as  many  more 
corridors.  A  sub-classification  would  often  be  necessary.  He  sometimes  kept 
a  boy  all  day  in  his  office  to  prevent  his  associating  with  men  who  would  cor- 
rupt him.  The  male  prisoners  mix  in  the  yai'ds.  Sixteen  prisoners  were  sent 
direct  to  the  Central  Prison  and  four  were  transferred  during  the  year.  Twenty- 
three  were  sent  to  the  prison  for  drunkenness  and  disorderly  conduct.  Some  of 
these  are  young  and  some  are  old  ;  some,  when  sober,  support  their  families. 
Forty-four  were  committed  for  larceny  ;  these  were  adults  and  boys,  but  chiefly 
adults ;  fifteen  who  took  a  ride  on  the  railroad  without  paying  their  fare  were 
imprisoned  for  trespass.  These  are  chiefly  men  who  cannot  get  work  or  who 
will  not  work  and  who  move  from  place  to  place.  They  are  generally  fined  $3  to  $5 
with  alternative  of  twenty  or  thirty  days  imprisonment.  Seven  boys  were  sent 
to  gaol.  The  gaoler  thought  that  none  of  them  were  very  bad  boys  and  that 
they  should  not  have  been  sent  to  gaol  at  all.  Although  there  is  a  poor  house 
in  the  county  of  Elgin,  old  and  infirm  persons  are  sometimes  sent  to  this  gaol  as 
vagrants.  As  a  rule,  these  are  men  passing  through  ,  but  in  some  cases  they  are 
men  belonging  to  the  county  who  are  unable  to  support  themselves.  They 
commit  no  offence  and  the  only  charge  made  in  their  case  is  that  of  vagrancy. 
The  only  work  done  in  this  gaol  is  sawing  wood,  keeping  the  yards  in  order, 
some  gardening  and  the  house  work.  Men  do  the  kitchen  work.  As  a  rule, 
not  many  men  fit  to  do  a  day's  work  are  left  in  the  gaol.  Almost  eveiy  able- 
bodied  man  who  "  has  had  any  length  of  stay  "  is  taken  to  the  OL^ntral  Prison. 

Sandiuich. — J.  C.  Her,  Sheriff* of  Essex  County,  stated  that  in  this  gaol  there 
are  four  corridors  and  thirty-two  cells.  The  staff  consists  of  a  gaoler,  two  turn- 
keys and  a  matron.  The  number  of  prisoners  committed  during  the  previous 
year  was  208.  The  greatest  number  in  confinement  at  one  time  was  twenty- 
nine.  There  can  be  no  classification  except  that  one  of  the  wards  and  one  of  the 
two  yards  are  assigned  to  women.  Efforts  are  made  to  separate  the  young  from 
the  old,  the  untried  from  the  tried,  and  the  worst  criminals  from  others ;  but 
with  little  success.  The  corridors  assigned  to  men  are  used  indiscriminately. 
Boys  committed  for  the  first  time  associate  with  hardened  criminals.  All  kinds 
and  all  colors  mix  together.  Several  insane  persons  are  sent  to  this  gaol.  As 
many  as  eight  have  been  confined  at  one  time  and  these  mix  with  the  others. 
The  condition  of  the  gaol  as  regards  classification  is  "  about  as  bad  as  it  could  be." 
With  four  more  corridors  the  prisoners  could  be  classified  fairly  well,  although  not 
perfectly.  They  had  fifteen  vagrants  during  the  year.  They  were  foreigners- 
transient,   here  to-day  and   there  to-morrow.     Some  return  periodically — going 


140 


from  gaol  to  gaol.  When  sentenced  they  get  twenty  or  thirty  days,  as  the  case 
may  be.  But  there  is  no  work  for  them  to  do  except  cutting  wood.  A  few  old 
people  are  sent  to  this  gaol,  who  should  be  sent  to  the  poorhouse.  Forty-four 
civil  prisoners  were  sent  to  this  gaol  during  the  year. 

Simcoe. — Thomas  W.  Butler  appointed  gaoler  in  1879  stated  that  this  gaol 
has  eight  corridors  and  three  cells  in  each,  in  all  twenty- four  cells.  The  corridors 
up  stairs  are  used  for  prisoners  awaiting  trial,  and  those  below  for  criminals 
under  sentence.  One  for  the  males  and  one  for  the  females  awaiting  trial,  and 
one  for  insane  persons — one  of  the  lower  corridors  is  sometimes  used  for  boys. 
He  divides  the  prisoners  into  four  classes,  male  and  female.  He  has  always 
been  able  to  keep  boys  apart  from  other  prisoners.  The  insane  are  in  separate 
cells,  but  opposite  to  those  awaiting  trial.  The  largest  number  in  the  gaol  on 
one  day  was  twelve  males  and  one  female.  On  [September  80th  he  had  seven 
males.  When  he  had  the  larger  number  he  was  able  to  classify  them ;  keep- 
ing boys  separate  from  adults,  and  sentenced  prisoners  from  those  awaiting 
trial.  He  has  been  obliged  on  some  occasions  to  put  prisoners  on  remand  with 
the  sentenced  prisoners,  but  he  kept  those  charged  with  serious  offences  apart 
from  those  charged  with  minor  offences.  The  classitication  is  at  all  times  imperfect 
because  the  prisoners  in  one  ward  can  carry  on  conversation  with  those  in  any 
other,  although  he  cannot  see  them.  He  had  five  vagrants  during  the  year, 
strong  healthy  young  men  who  came  from  the  west  by  the  Michigan  Central. 
They  did  all  the  work  he  required,  chiefly  cutting  wood,  but  said  that  in  future 
they  would  strike  for  gaols  in  which  wood  is  barred.  The  number  has  fallen  off 
in  recent  years.  One  year  he  had  thirty  of  this  class.  He  attributes  the  falling 
off  to  the  fact  that  he  keeps  them  bu.sy  at  work.  The  vagrants  of  last  year 
seemed  poverty  stricken,  and  said  they  were  looking  for  work.  Those  charged 
with  drunkenness  and  disorderly  conduct  generally  belonged  to  the  locality. 
There  were  few  re-committals  of  that  class.  Four  males  and  two  females  were 
committed  as  lunatics.  He  has  one  young  man  in  the  gaol  committed  as  a  lunatic 
who  has  been  there  five  years.  He  is  idiotic  and  should  be  sent  to  the  poorhouse 
Fourteen  boys  were  committed  during  the  year.  He  did  not  think  them  very  bad 
except  in  two  or  three  instances.  The  two  worst  were  sentenced  for  stealing 
rides  from  Buffalo  on  the  Michigan  Central.  Others  were  charged  with  trivial 
offences,  and  one  was  a  waif.  Sometimes  boys  for  "  stealing  rides  "  on  the  rail- 
roads are  imprisoned  for  ten  days,  sometimes  for  two  months. 

Stratford. — Hugh  Nichol,  appointed  gaoler  in  1877,  stated  that  this  gaol, 
which  is  new,  having  been  occupied  only  about  18  months,  has  six  wards,  and  27 
cells  for  night  use  and  two  dark  cells.  Two  of  the  wards  are  used  for  women 
and  four  for  men.  Prisoners  awaiting  trial  are  not  kept  separate.  Boys  are 
kept  separate  from  adults,  but  not  in  all  cases.  An  effort  is  made  to  keep  civil 
prisoners  apart  from  criminals.  Lunatics  are  not  kept  apart  from  other  prisoners. 
Classification  is  impossible  in  the  present  structure.  It  has  been  attempted,  but 
without  success.  One  ward  is  used  exclusively  for  females  when  there  are  any 
in  the  gaol.  At  the  time  he  gave  evidence  there  were  none,  and  he  had  put  a 
man  who  was  downright  insane  in  the  female  ward.  There  are  three  yards ':  one 
in  which  wood  is  cut ;  one  for  airing  and  exercise  and  one  which  the  females  use 
for  drying  and  bleaching.  There  were  Go  commitments  for  vagrancy.  Vagrants 
are  committed  for  10,  20  or  30  dnys,  and  a  man  may  be  committed  five  or  six 
times  in  a  year.  One  blind  man  had  been  in  the  gaol  for  six  years.  He  had 
been  committed  ten  or  twelve  times.  When  all  these  committals  are  brought 
down  they  would  not,  probably,  mean  more  than  18  or  20  persons.  About  one- 
lialf  of  those  committed  as  vagrants  are  fit  subjects  for  a  poor  house.     There  is 


141 


no  poor  house  in  the  county.  Sixteen  were  committed  as  drunk  and  disorderly. 
Some  of  these  were  tramps  and  some  were  local  men.  Some  are  sent  in,  that 
they  may  have  an  opportunity  to  recover  from  delirium  tremens.  Eio-ht'were 
committed  lor  trespass,  six  as  lunatics,  three  for  contempt  of  court  and  two  for 
debt.  Four  were  boys,  two  of  whom  got  into  a  store  through  a  skylight  and 
stole  liquor.  He  found  boys  the  most  difficult  class  to  deal  with  and  sometimes 
he  found  it  best  to  put  them  with  old  men.  One  hundred  and  fifty  prisoners 
in  all  were  committed  during  the  year.  Only  one  was  sent  to  the  Central 
Prison.  The  work  is  sawing  wood  and  levelling  the  gaol  grounds.  Generally 
there  are  scarcely  prisoners  enough  to  do  the  work. 

Toronto. — John  Green  was  appointed*  gaoler  in  1872,  having  previously 
served  as  gaoler  at  Chatham  for  five  years.  During  the  official  year  1889,  inclu- 
ding those  remaining  in  custody  at  the  close  of  the  preceding  year,  4,192  prisoners 
passed  through  this  gaol.  In  188G  the  number  was  3,791  ;  in  1887  it  was  4,128; 
in  1888  it  was  8,951,  There  has  been  no  great  increase  during  the  last  four  or 
five  years.  Last  year's  commitments  were  the  most  numerous  since  he  took 
charge.  There  are  now  twelve  separate  corridors  for  male  prisoners  and  seven 
for  females.  The  number  of  corridors  was  increased  by  seven  in  the  year  pre- 
vious, and  the  number  of  cells  by  82,  The  greatest  number  in  the  gaol  on  any 
day  was  239,  of  whom  54  were  women.  The  smallest  number  was  about  150. 
The  corridors  are  distinguished  by  numbers.  No.  1  is  for  police  court  prisoners 
on  remand  or  prisoners  under  sentence  put  there  for  bathing  and  to  be  distri- 
buted afterwards.  Well  known  characters  awaiting  trial  are  placed  in  No.  3.  The 
gaoler  regards  wards  3  and  4  as  the  safest.  Those  charged  with  felonies  of  a  less 
serious  character,  as  shown  by  the  charge  sheet,  he  places  in  corridors  5  and  6. 
Tho.se  remanded  on  charge  of  having  been  drunk  and  disorderly  are  placed  in 
No.  11.  The  bo5's  he  places  in  a  side  room,  not  in  a  corridor  at  all  if  he  can 
avoid  it.  When  they  must  be  put  in  a  corridor,  they  are  put  in  No.  12,  which  is 
generally  set  apart  for  boys.  If  he  knows  boys  to  be  bad  he  puts  them  in  No. 
10.  The  lunatics  are  placed  with  the  drunks  in  No.  11,  but  sometimes  a  weak- 
minded  old  man  is  put  amongst  other  old  men.  Convicted  prisoners  who  are 
known  characters  are  put  in  No.  9.  Those  convicted  of  vagrancy  and  minor 
offences  are  put  in  No.  2.  This  classification  is  followed  unless  when  the  gaol  is 
crowded.  In  such  case  he  must  make  other  arraiigements.  He  usually  has 
eight  distinct  classes  of  male  prisoners.  When  a  corridor  is  lull,  prisoners  of  that 
class  must  be  transferred  to  anothei'.  He  also  classifies  the  females  in  their  seven 
corridors.  Loose  characters  awaiting  trial  he  keeps  in  one  corridor,  and  women 
of  that  class  who  have  been  sentenced  in  another.  He  maintains  this  separation 
prett}^  fairly.  He  endeavors  first  to  secure  the  safe- keeping  of  his  prisoners,  and 
next  to  prevent  contamination.  Those  he  does  not  know  it  is  difficult  to  place. 
If  he  knows  a  woman  charged  with  felony  to  be  a  loose  character  he  places  her 
with  other  loose  charactn--.  Girls  under  fifteen  awaiting  trial  he  keeps  .separate 
fi-om  other  females,  but  not  those  vvho  have  been  sentenced.  He  then  had  a  girl 
under  sixteen  in  the  gaol  who  is  one  of  the  worst  characters  in  the  city.  Such  a 
girl  he  would  try  to  place  with  a  decent  old  woman  who  was  able  to  take  charge 
of  her.  There  is  very  little  chance  of  clas.sifying  women,  so  many  of  those  sent 
to  the  gaol  are  prostitutes.  The  number  of  females  in  the  gaol  then  was  68,  and 
50  per  cent,  of  these  at  least  were  prostitutes.  The  rest  he  would  classify  as 
lunatics,  old  women,  vagrants  and  laundresses,  serving  women  and  so  on,  two- 
thirds  of  whom  were  committed  for  drunkenness.  Not  more  than  five  of  these 
were  charged  with  felony.  He  does  not  attempt  a  sub-classification  of  those  who 
^re  loose  characters  but  they  are  kept  strictly  by  themselves,  and  care  is  taken 
by  the  matron  that  no  op}>ortunity   of  corrupting  others   is  afforded   to  them. 


142 


There  can  be  no  perfect  classification  short  of  separate  cells.     No  matter  what 
care  is  taken  in  classification,  there  are  some  who  will  contaminate  others  if  they 
are  allowed  to  associate  in  the  corridors.     Even  if  he  had  35  corridors  instead  of 
the  19  the  classification,  although  it  may  be  better,  would  not  be  perfect.     He  has 
work  .'sufficient  now  to  employ  the  prisoners  at  all  reasonable  hours,  but  he  does, 
not  think  that  sufficient   for  their  reformation  as  they  have  so  many  hours  in 
which  they  are  not  working  and  are   associated  together.     While  they  are  at 
work  a  guard  is  with  them  so  they  cannot  carry  on  any  improper  conversation. 
In  summer  time  the  prisoners  rise  at  an  early  hour  and  are  locked  up  in  their 
cells  at  half  past  five  in  the  afternoon.     In  winter  they  work  while  there  is 
light.     They  can  talk  in  an  ordinary  tone  of  voice  when  in  the  corridors      This 
might  be  prevented  if  there  were  a  sufficient  number  of  guards  to  watch   them. 
In  the  last  official  year  there  were  2,096  commitments  for  drunkenness,  and  250 
were  committed  i\s  vagrants.     With  such  of  this  number  as  were  old  ofiTenders 
contamination  would  not  amount  to  much.     He  would  strongly  recommend  sep- 
arate confinement  for  first  oflFenders  in  order  that  they  may  not  be  contaminated. 
Of  those   committed  for  drunkenness,   seven  per  cent,  are  chronic  drunkards. 
They  are  sent  to  the  gaol  two,  three,  five  or  ten  times  a  year  and  never  have 
the   money   to  pay    their    fines.     About  20  per  cent,  more  are  on  the  way  to 
becoming  chronic  drunkards.     These  get  drunk  two  or  three  times  in  a  year. 
He  thought  that  of  the  men  committed   for  drunkenness,  500,  or  25  per  cent, 
were  married.     Several  of  these  are  supporters  of  families  while  they  are  sober, 
but  are  committed  three,  four  or  five  times  a  year.     Of  the  163  boys  and  girls 
committed  during  the  year,  80  per  cent,  were  committed  a  second  time.     Some- 
times men  are  taken  from  the  gaol  to  the  Central  Prison  who  are  sentenced 
to  20  days  imprisonment.     1,238  persons  were  committed  to  the  gaol  for  periods 
varying  from  30  to  60  days.     A  prisoner  is  scarcely   ever  sent   to  the  gaol  for 
more    than   CO   da3's.     Eighty-seven  were  committed  as  lunatics — chietiy  from 
the  city.     There  is  now  plenty  of  work  for  the  prisoners.     A  number  of  them  are 
emploj^'ed  on  a  swamp  near  the  Don  converting  it  into  a  park.     This  will  give 
employment  io  100  men  for  three  years.      A  number  are  employed  also  in  cook- 
ing and  cleaning  and  keeping  the  grounds  in  order.     There  is  a  large  proportion 
of  the  general  gaol  population    who    are    physicall}^    incapable  of  doing  much 
work,  but  not  a  very  large  number  of  criminals.      Some    are    weak    mentally 
and  physically,  but    others    physically    weak    are    mentally    strong    and  keen. 
Of  those  committed  as  vagrants  many  were  old  people,  who,  when  they  left  the' 
institutions  in  which  they  had  been,  did  not  care  to  go  back  and  found  their 
way  to  the  gaol.     Some  of  them    might    have    been  brought  to  this  state  by 
drunkenness,  but  they  are  old  and  feeble  and  homeless  and  have  no  one  to  take 
care  of  them.     Many  are  of  this  class.     Of  all  who  were  committed  during  the 
year,  2,458  males  and   630  females,  altogether  3,088,  were  first  ofienJeis;  495 
were  committed  for  a  second  offence  ;  and  170  for  a  third    offence.     Asked  if 
he  thought  that  n)uch  harm  was  done  by  crowding  prisoners  of  all  classes  in 
the  "  Black  Maria,"  he  said  "  I  won't  mention  cases.     It  is  perfectly  disgusting. 
I  have  seen  men  come  down  in  that    conveyance    with  absolutely  no  trousers 
whatever  on,  and  there  have  been  women  and  children  there." 

Walkerton. — This  gaol  was  finis<hed  in  1^)66.  Samuel  Roothei-  was  appointed 
gaoler  in  1867.  The  staff  consists  of  gaoler,  turnkey  and  matron.  There  are 
eight  corridors  in  this  gaol  and  the  prisoners  are  classified  thus  :  sentenced  prison- 
ers, those  awaiting  trial,  youths,  insane,  females.  Sometimes  a  male  prisoner  is 
put  with  an  insane  man  to  guard  him.  The  gaoler  makes  a  sub-classification  when 
necessary,  and  never  puts  a  bad  man,  even  if  he  is  awaiting  trial,  with  an 
ordinary   prisoner.      The   corridors   have   never   been  so  full  as  to  render  that 


143 


necessary.  There  are  24  cells  in  all ;  four  on  some  corridors,  two  on  others. 
There  are  no  better  means  of  classification  in  the  Province.  The  largest  number 
of  prisoners  op  a,ny  day  was  twelve.  On  September  30th  he  had  only  two  ;  one 
und-r  sentence  for  two  months  and  the  other  in  default  of  sureties.  The  entire 
nuiiil)er  committed  during  the  year  was  104,  of  whom  eight  were  committed  for 
drunkenness.  Six  were  boys.  The  only  time  he  ever  had  any  difficulty  in 
classification  was  last  October.  The  gaol  he  thinks  sufficient  for  all  the  want.s 
of  the  county,  which  he  regards  as  a  model  county.  Amongst  the  commitments 
weie  ten  lunatics  and  ten  vagiants.  Some  committed  as  vagrants  were  old 
people  unable  to  work  ;  others  were  tramps.  Four  prisoners  v.  ere  sent  to  the 
Central  Prison  during  the  year  and  these  were  not  of  the  worst  class ;  only  two 
were  really  bad.  This  gaol  has  four  yards  attached  ;  one  for  the  male  prisoners, 
one  for  the  females,  one  for  the  gaoler  and  one  for  the  turnkey.  The  prisoners 
are  divided  into  two  or  three  classes  and  these  are  let  into  the  yards  at  different 
times.  If  there  are  any  who  would  contaminate  others  no  opportunity  of  doing 
so  is  given  to  them  as  they  are  allowed  no  means  of  communication.  There  is 
no  means  of  providing  employment  for  the  prisoners.  They  have  not  even  much 
wood  to  cut,  as  the  gaol  is  heated  b}^  hot  water.  Before  the  Central  Prison  was 
established  they  made  brooms  and  axe  handles;  but  these  industries  have  been 
abandoned  since  pi  isoners  sentenced  to  hard  labour  have  been  sent  to  the  Central 
Prison. 

Welland, — John  Coulson,  gaoler,  appointed  in  18S4,  stated  that  in  this  gaol 
there  are  five  corridors  and  50  cells — ten  on  each  corridor.  It  has  two  yards,  one 
for  males  and  one  for  females.  One  corridor  is  set  apart  for  females  and  one  for 
boys  under  16.  One  is  used  exclusively  for  the  harder  criminals,  the  others  for 
vagrants  and  drunks  and  those  under  civil  process  for  contempt  of  court.  Prison- 
ers awaiting  trial  on  a  serious  charge  and  sentenced  men  awaiting  transfer  are 
sometimes  placed  in  the  same  corridor.  He  does  not  succeed  in  getting  proper 
cla-sitication  unless  when  the  number  cf  prisoners  is  small.  The  number  of  com- 
mitments during  the  year  was  182.  The  gi'eatesfc  number  in  the  gaol  at  any  one 
time  during  the  last  year  was  48,  but  during  the  winter  just  past  he  had  as  many 
as  63,  and  the  number  has  gone  as  high  as  82.  He  cannot  keep  boys  entirely 
separate  win  n  he  has  more  prisoners  than  cells,  but  then  he  puts  with  the  boys 
men  imprisoned  for  contempt  of  court  or  some  minor  offence.  The  men  mix  in 
the  yards  hut  when  the  number  is  large  only  those  in  two  wards  are  taken  out  at 
a  time. 

""Of  those  committed  the  year  previous  21  were  charged  with  drunkenness,  of 
whom  not  mure  than  four  or  rive  were  committed  a  second  time,  86  with  vag- 
rancy ;  43  were  sent  to  the  Central  Prison  ;  none  to  the  Mercer  ;  one  to  the  Re- 
formatory for  boys.  There  is  a  poor  house  in  the  county ,but  tramps  are  not  ad- 
mitted to  it.  They  are  sent  to  gaol.  He  does  not  find  it  difficult  to  get  them  to 
work,  but  it  is  difficult  to  find  work  for  them  to  do.  The  officials  of  the  county 
think  it  is  rather  against  the  paid  labour  outside  to  set  them  to  breaking  stones. 
Wood  cutting,  shovelling  snow  and  keeping  the  place  clean  is  all  the  work  that 
is  done.  Few  of  the  prisoneis  sent  to  the  gaol  to  undergo  sentence  are  removed  to 
the  Central  Prison.  In  winter  time  three-fourths  of  all  in  the  prison  are  fit  for 
hard  labour.  A  great  many  came  from  Buffalo.  He  had  several  girls 
and  four  boys  during  the  year.  When  work  was  going  on  at  the  canal  enlarge- 
ment he  had  a  greater  number  of  prisoners.  Satisfactory  classification  was  im- 
possible even  when  he  had  not  the  larger  numbers  in  the  gaol. 

Whitby. — Daniel  M.  Decker  was  appointed  gaoler  in  1882.  The  gaol  has 
four  corridors  that  can  be  occupied  and  twenty-four  cells,  including  a  dark  cell. 


144 


Boys  and  prisoners  committed  for  comtempt  of  court  are  generally  placed 
together.  The  gaoler  thinks  there  in  no  danger  of  contamination  in  this.  Lunatics 
and  old  men  committed  as  vagrants  he  puts  together.  Those  who  are  await- 
ing trial  and  sentenced  prisoners  are  kept  separate  as  much  as  possible.  There 
is  but  one  corridor  for  females.  He  seldom  has  loose  women  in  gaol.  He 
would  not  put  them  with  others.  There  were  only  ten  vagrants  last  year.  He  gets 
rid  of  them  by  giving  them  lots  of  work.  He  always  has  a  stone  pile  ready 
for  them  and  now  they  would  rather  go  to  any  gaol  than  to  Whitby.  He 
o-ives  them  ten  hours  work  a  day.  The  vagrant  who  does  a  good  day's  work 
gets  good  beef  at  his  dinner.  The  man  who  merely  lets  his  hammer  fall  gets 
bread  and  water.  Of  the  ten  committed  as  vagrants  three  were  poor  old  men 
belonging  to  the  county  who  should  be  in  a  poor  house.  One  was  committed 
in  February  and  (in  October)  was  still  there.  Fifteen  were  committed  as 
lunatics.  Some  of  these  were  fit  for  an  asylum  ;  some  were  not.  Twelve  were 
women,  wives  of  farmei's  and  of  mechanics.  Four  men  and  one  woman  were 
committed  for  drunkenness.  There  are  times  when  the  number  is  even 
smaller.  There  is  a  lock-up  in  the  town  and  only  those  committed  who  do 
not  pay  the  fines  are  sent  to  the  gaol.  If  the  old  homeless  people  and  the  lunatics 
were  cared  for  elsewhere  the  gaol  would  be  large  enough  for  a  satisfactory  classifica- 
tion of  the  remaining  prisoners.  Six  boys  and  three  girls  were  committed  The 
boys  wei'e  from  twelve  to  fourteen.  Three  were  chai-ged  with  stealing  candies 
from  the  freight  shed  and  were  sentenced  to  five  days  solitar}^  confineni^nt.  Two 
were  charged  with  offences  on  the  railroad.  He  could  not  remember  the  charge 
against  the  other.  No  girls  were  under  fifteen.  Two  of  them,  Miss  Rye's  impor- 
tation, were  charged  with  stealing.  One  of  these  whom  he  thought  very  bad 
was  sent  back  to  the  Old  Country.     A  home  was  found  for  the  other. 

Woodstock. — John  Cameron,  who  was  appointed  gaoler  in  18G7,  stated  that 
he  had  what  would  be  called  five  corridors,  two  on  each  side  and  one  for  females. 
The  cells  all  face  inwards,  radiating  from  the  centre.  The  principle  is  in  his 
opinion  a  bad  one.  In  winter  when  the  gaol  is  full  the  smell  becomes  very  dis- 
agreeable. There  are  '24  cells  for  males,  and  eight  for  females.  The  entire 
number  of  prisoners  in  the  year  previous  was  411.  The  highest  number  on  one 
day  was  80.  He  did  not  attempt  to  classify  that  number.  He  made  beds  on  the 
floors  of  the  corridors.  The  one  in  the  west  end  of  the  gaol  he  kept  for  prisoners 
charged  with  serious  crimes,  and  at  the  other  end  he  stowed  the  drunks  and 
vagabonds,  and  let  them  lie  on  the  floor  as  thick  as  they  could.  Classification 
other  than  this  was  impossible.  The  gaoler  further  stated  that  he  always  tries 
to  keep  bojs  separate,  but  there  is  no  classification  of  the  females  as  they  have 
but  one  coiridoi.  Good  and  bad,  young  and  old  are  put  together.  He  always 
regards  this  corridor  as  a  school  of  iniquity.  He  got  the  committee  to  recommend 
an  addition  to  th3  kitchen,  where  innocent  and  youthful  offenders  could  be  kept 
away  from  hardened  criminals,  but  the  couut}^  council  refused  to  build  it. 
Whenever  the  prisoners  exceed  fifteen  in  number  they  must  be  mixed.  There 
are  five  yards.  Those  charged  with  serious  offences  are  put  on  one  side,  and  those 
charged  with  less  serious  offences  on  the  other.  No  further  classification  is 
attempted  in  the  yards.  There  were  55  commitments  for  drunkenness  during 
the  year.  Many  have  been  committed  three  or  four  times.  Some  as  many  as 
twenty  times.  The  vagrants  numbered  218,  and  were  of  all  classes.  Some  com- 
mitted as  vagrants  were  poor,  homeless  people,  who  should  be  sent  to  the  poor 
house.  There  were  then  20  or  30  such  poor  people  in  the  gaol.  There  was  no 
poor  house  or  other  institution  for  them,  and  their  relatives  were  unable  to  take 
care  of  them.  Proper  provision  should  be  made  in  the  gaol  for  the  insane  and 
juvenile  offenders,  and  for  the  classification  of  other  prisoners.     Fifteen  juveniles 


145 


were  sent  to  the  gaol  during  the  year,  six  girls  and  nine  boys.  Of  the  girls  one 
was  accused  of  obtaining  goods  under  false  pretences.  She  got  off.  The  others 
were  charged  with  vagrancy.  These  were  sent  to  the  Reformatory.  All  were 
under  15  years  of  age.  The  girl  who  got  off  was  afterwards  arrested  on  another 
charge  and  sent  to  the  Reformatory.  Of  the  boys  four  were  committed  as 
vagrants,  one  for  disorderW  conduct,  one  for  larceny,  and  three  for  destroying 
property.  Eight  were  really  neglected  children  who  never  had  committed  any 
crime.  Of  the  prisoners  seven  were  sent  to  the  Central  Prison  direct,  and  six  by 
warrant.  The  onl}^  work  done  in  this  gaol  is  keeping  the  gaol  and  court  house 
clean,  some  gardening  and  sawing  wood.  Breaking  stone  was  tried,  but  it  had 
not  the  desired  effect  on  the  prisoners. 

Neither  the  sheriff  of  the  county  of  Lambton  nor  the  governor  of  the  gaol 
at  Sarnia  appeared  to  give  evidence,  although  b(^th  were  summoned. 

General  Remarks  on  Gaols. 

The  evidence  of  the  sheriffs  relative  to  the  condition  and  management  of 
the  gaols  and  the  classiti cation  and  treatment  of  the  prisoners  corroborates  that  of 
the  gaolers. 

The  evidence  shows  conclusively  that  except  perhaps  in  a  few  cases  the  prison- 
ers are  not  satisfactorily  classed.  Indeed  in  some  cases  the  only  classification  really 
attempted  is  the  separation  of  males  and  females.  This  in  most  cases  is  largely 
due  to  the  structural  defects  of  the  buildings,  many  of  which  were  put  up  when 
little  attention  was  paid  to  classification.  In  the  Ottawa  gaol  for  example, 
there  are  ninety-six  cells  ;  the  greatest  number  of  prisoners  on  any  one  day  of 
the  year  1889  was  forty-eight,  and  yet  a  satisfactory  classification  was  found  impos- 
sible. In  gaols  in  which  there  are  but  one  ward  for  females  and  three  for  males 
of  all  ages  and  classes,  and  in  those  gaols  in  which  there  frequently  are  more 
prisoners  than  cells  classification  of  any  kind  is  exceedingly  difiicult. 

But  the  structural  defects  of  the  gaols  are  not  the  only  difficulty.  In 
nearly  all  the  gaols  a  number  of  persons  are  confined  who  should  be  cared  for 
elsewhere.  The  Inspector's  report  shows  that  of  the  12,531  commitments  to  the 
common  gaols  in  1889  no  less  than  4,777  were  for  drunkenness  and  2,164  for 
vagrancy — total,  6,941.  This  is  more  than  one-half  of  the  whole  number,  and 
although  the  recommitments  for  these  two  ofiences  were  numerous  and  the  num- 
ber of  persons  charged  with  drunkenness  and  sent  to  gaol  was  probably  much 
less  than  4,0U0  and  the  number  committed  as  vagrants  probably  much  less  than 
2,000,  yet  drunkards  and  vagrants  must  make  up  more  than  half  the  average 
daily  population  of  the  gaols,  as  the  usual  punishment  for  drunkards  who  cannot 
pay  the  fines  imposed  is  imprisonment  in  the  gaols  from  ten  to  thirty  days  and 
in  some  cases  for  longer  periods,  and  vagrants  who  are  dealt  with  as  ofi'enders  are 
usually  imprisoned  for  similar  terms. 

The  evidence  also  shows  that  in  a  large  majority  of  the  counties  the  gaols  are 
used  as  poorhouses,  and  that  those,  classed  in  the  returns  as  vagrants,  who  are  com- 
mitted twice  a  3^ear  or  oftener  are  really  old,  infirm,  helpless  people  whose  poverty 
and  infirmity  are  their  only  crimes.  In  some  counties  such  old  and  infirm  people  as 
do  not  belong  to  the  county  are  sent  to  the  gaols,  but  in  several  counties  all  the 
aged  and  helpless  poor  for  whom  the  municipalities  cannot  or  will  not  other- 
wise provide  are  committed  to  the  gaols  as  vagrants.  Few  we  hope  can  read 
unmoved  the  description,  even  though  given  in  the  dry  official  language  of  the 
gaolers,  of  the  condition  of  these  poor  people  when  committed  and  of  the  sad,  yet 
almost  ludicrous  manner  in  which  on  the  expiration  of  the  term  for  which  they 
were  committed  they  are  thrust  out  of  doors  in  order  to  be  arrested  and  committed 
again — that  the  letter  of  the  law  may  be  formally  complied  with. 

10  (P.O.) 


146 


The  insane,  too,  occupy  in  the  gaols  much  of  the  room  intended  for  criminals. 
The  Inspector's  report  states  that  4^7  persons  were  committed  as  lunatics  during 
the  year  1889.  The  evidence  shows  that  of  the  persons  so  committed  a  large 
proportion  are  merely  imbeciles  who  should  be  cared  for  in  a  poor  house,  and  that 
these  generally  remain  a  long  time  in  the  gaols  because  they  are  not  regarded  as  fit 
subjects  for  a  lunatic  asylum.  Of  those  who  should  be  sent  to  an  asylum  some, 
when  the  accommodation  in  the  lunatic  asylums  was  insuiBcient,  remained  in  the 
gaols  for  months  ;  and  in  some  instances  lunatics  still  remain  in  the  gaols  longer 
than  they  should  because  the  proper  means  for  procuring  their  removal  are 
neglected. 

Were  juvenile  offenders  for  whom  imprisonment  in  a  gaol  even  for  a  day  is 
fraught  with  so  much  evil,  and  confirmed  drunkards  and  vagrants  who  go  to  gaol  to 
avoid  the  necessity  of  doing  any  work,  dealt  with  as  the  commissioners  recom- 
mend ;  were  imbeciles  placed  in  poor  houses  in  which  they  could  be  employed  in 
some  work  suitable  to  their  condition  and  were  dangerous  lunatics  removed  to 
the  as3dums  without  unnecessary  delay  or  received  directly  by  the  asylums  when 
temporary  imprisonment  in  a  gaol  was  not  absolutely  necessary,  the  gaols  would 
be  so  relieved  that  in  nearly  all  of  them  there  could  be  a  much  better  classifica- 
tion of  the  prisoners  than  is  now  possible.  The  untried  could  be  sep'arated  from 
the  sentenced,  the  civil  from  the  criminal  [prisoners,  the  young  from  the  old  crimi- 
nals, first  offenders  and  those  for  whose  reformation  there  seem  some  grounds 
to  hope,  from  the  notoriously  wicked  and  hardened. 

Were  the  establishment  of  a  poor  house  for  each  county  or  group  of  coun- 
ties and  the  removal  to  such  poor  houses  of  all  now  confined  in  the  gaols  whose 
only  crimes  are  poverty  and  infirmity  made  compulsory  ;  were  Industrial  Reform- 
atories for  Inebriates  sufiicient  for  the  treatment  of  confirmed  drunkards 
provided,  and  were  juvenile  offenders  properly  cared  for,  the  average  number  of 
prisoners  in  many  of  the  gaols  would  be  very  small  and  a  ver}'  much  better 
classification  would  be  practicable. 

Gaol  Management. 

A  number  of  gaolers  are  strongly  of  opinion  that  it  would  be  much  better 
if  as  in  Great  Britain  the  gaols  of  the  Province  were  managed  by  the  Provincial 
Government  exclusively.  They  say  that  it  is  exceedingly  difficult  in  some  cases 
to  induce  the  county  councils  to  make  repairs  or  improvements  which  are 
absolutely  necessary,  and  that  even  in  matters  so  important  to  the  sanitary 
condition  of  the  gaols — as  the  making,  repairing  or  cleaning  of  sewers  the  recom- 
mendation of  the  Inspector  is  disregarded  or  is  not  acted  upon  for  months  or  even 
for  years.  Uniformity  of  management  and  discipline  which  they  profess  to 
regard  as  of  much  iuiportance  can  only  be  attained,  they  say,  by  having  the 
entire  control  of  the  gaols  placed  in  the  hands  of  the  Government,  and  greater 
zeal  and  efficiency  on  the  part  of  the  gaolers  would  thus  be  secured,  as  a  system 
of  promotion  regulated  by  the  capacity  of  the  gaolers  and  their  attention  to 
their  duties  could  be  established.  Under  the  present  system  the  salary  of  the 
gaoler  does  not  bear  due  proportion  to  the  amount  of  his  duties  and  respon- 
sibilities. For  instance,  there  were  641  prisoners  in  the  Ottawa  gaol  last  year 
and  the  gaoler  got  S650  ;  at  Whitby  there  were  only  eighty-five  prisoners  and 
the  gaoler  got  $800  ;  in  London  there  were  1,042  prisoners  and  the  gaoler  got 
$600  ,  in  Brockville  gaol  there  were  179  prisoners  and  the  gaoler  gets  $1,0U0. 

The  change  which  these  officials  ask  for  would,  if  made,  be  of  very  great 
importance,  materially  affecting  the  municipal  system  of  the  Province  and 
increasing  not  only  the  poweis  but  even  in  a  great  degree  the  responsibilities  of 
the  Government.     For  the  proper  care  and  custody  of  the  prisoners  and  manage- 


147 


ment  of  the  gaols  the  Government  now  possesses  nearly  if  not  quite  all  the 
authority  that  is  necessary.  Perhaps  it  would  be  well  to  give  the  Inspector 
authority  to  order  the  doing  in  a  gaol  of  any  work  which  he  deemed  ol"  urgent 
necessity  and  which  the  county  council  or  its  committee  neglected  to  do,  without 
having  recourse  to  any  formal  and  perhaps  tedious  legal  process,  although  the 
instances  in  which  the  recommendations  of  the  Inspector  have  been  wholly 
disregarded  are  comparatively  few,  and  those  in  which  the  county  councils  have 
been  excessively  dilatory  in  making  necessary  improvements  have  not  been 
many.  If  the  Government  were  to  assume  the  entire  control  and  management 
of  the  gaols  as  in  Great  Britain  then  as  in  Great  Britain  they  must  assume  also 
the  entire  burden  of  their  support.  The  gaol  expenditure  in  1S89  was  $135,983. 
The  reasons  must  be  weighty  which  would  justif}'  so  great  a  change  of  policy, 
and  the  commissioners  do  not  regard  the  evidence  submitted  to  them  as 
sufficient  to  justify  their  recommending  that  it  should  be  made,  especially  in 
view  of  the  great  change  in  the  condition  of  all  the  gaols  that  would  be 
wrought  if  efiect  w^ere  given  to  the  recommendations  which  they  make 
respecting  the  treatment  of  juvenile  offenders,  habitual  drunkards  and  vagrants. 
Indeed,  were  these  recommendations  carried  out  the  daily  average  number  of 
prisoners  ^vould  be  so  small  in  many  of  our  gaols  that  such  a  reduction  in  the 
number  of  gaols  as  has  been  made  in  Great  Britain  may  be  deemed  desirable.  Eng- 
land and  Wales  had  but  fifty- nine  local  prisons  in  1889-90  and  some  of  these  in 
which  the  number  of  prisoners  is  usually  .small  may  be  closed.  Scotland  has  but 
fifteen  local  prisons.  It  has  however,  twenty-eight  licensed  cells  in  only  two 
of  which  were  more  than  twenty  prisoners  confined  at  one  time.  In  these  cells  no 
prisoner  is  detained  more  than  a  few  days.  In  Ireland,  on  the  31st  of  March, 
1888,  the  local  or  ordinary  prisons  numbered  only  twenty-five,  of  which  nine- 
teen were  district  and  six  were  minor  prisons  and  the  bridewells  or  places  of  tem-- 
porar}'  detention  were  eighteen.  The  number  of  prisons  was  said  to  l)e  too  large.  In 
Ontario,  whose  population  is  about  half  of  that  of  Scotland,  less  than  half  of  that 
of  Ireland  and  about  one-fourteenth  of  the  population  of  England  and  Wales,  there 
are  forty-two  gaols  and  twelve  lock-ups  other  than  thohe  attached  to  the  police 
stations  of  cities  and  large  towns.  The  great  territorial  extent  of  the  Province 
accounts  in  part  for  the  great  number  of  gaols  and  the  municipal  system  which 
requires  each  county  or  union  of  counties  to  provide  a  gaol  has  led  to  the 
construction  of  some  that  are  scarcely  needed,  even  as  gaols  are  now  used  and 
managed.  In  proportion  to  the  criminal  gaol  population  the  number  of  gaols 
in  Ontario  is  very  large.  It  should  be  remarked  that  none  of  the  gaolers  who 
urged  that  the  entire  management  of  the  prisons  should  be  assumed  by  the 
Government,  even  professed  to  seek  so  great  a  change  because  any  of  tlie  serious 
defects  in  the  present  system  which  affect  the  prisoners  would  thereby  be 
removed.  They  did  not  say  that  improved  classification  would  follow  such  a 
change,  or  that  it  would  do  anything  towards  the  introduction  of  suitable  em- 
ployment for  the  thousands  of  lazy  worthless  men  and  women  for  whom  the 
gaols  are  now  places  of  rest  and  refreshment,  in  which  they  sleep  ofi"  the  effects 
of  one  debauch  and  gain  strength  for  another. 

Police  Stations — Lock  Ups. 

The  cells  of  the  police  stations  in  the  cities  of  this  Province  nearly  all  require 
prompt  attention,  as  they  seem  to  have  been  designed  in  utter  disregard  of  decency 
and  all  sanitary  conditions.  In  London  the  police  station  is  a  large,  modern 
structure,  but  the  places  in  which  the  prisoners  are  kept  are  merely  two  narrow 
halls  or  corridors,  off  each  of  which  are  two  or  three  small.dark  cells  into  which  the 


148 


more  refractory  are  put.  Into  one  of  these  corridors  all  the  males  arrested  durinof  the 
day  and  night,  the  drunk  and  the  sober,  the  violent  and  the  quiet,  those  accused 
of  the  most  serious  crimes  and  those  arrested -for  petty  offences  are  thrust,  a  single 
long  bench  affording  them  the  only  resting-place,  except  the  floor.  Into  the  other 
corridor  females  of  all  degrees  of  criminality  are  thrust.  A  large  upper  room  is 
sometimes  used  for  those  who  are  not  drunk  or  charged  with  crime,  but  in  this 
there  is  no  means  of  classification,  and  a  stove  pipe  hole  affords  means  of  com- 
munication with  the  lower  corridors.  In  Hamilton  the  cells  built  within  a  few 
years  were  constructed  with  more  regard  for  decency.  Unless  when  the  number 
of  prisoners  is  unusually  large  there  is  a  cell  for  each,  but  the  cells  form  one  long 
row,  the  women's  department  separated  from  the  men's  by  a  small  space,  on  which 
the  doors  formed  of  iron  bars  open  from  the  corridors.  Men  standing  in  the 
passage  in  front  of  their  cells  can  see  and  converse  with  any  women  who  may  not  be 
locked  up  in  the  cells  of  the  female  department,  and  conversation  may  be  carried 
on  even  when  all  are  locked  up.  The  cells  of  the  Kingston  police  station  are  a 
disgrace  to  the  civilization  of  the  Province.  In  the  police  station  at  Ottawa 
recently  constructed  there  is  on  all  ordinary  occa'^ions  a  cell  for  each  prisoner, 
those  for  the  males  on  one  corridor  and  those  for  the  females  on  the  other  being 
built  back  to  back,  so  that  communication  except  by  knocking  on  the  dividing  wall 
is  impossible,  and  those  on  one  corridor  cannot  see,  or  unless  a  very  loud  noise  be 
made,  hear  what  is  done  or  said  by  those  on  the  other.  The  floor  of  concrete  is  easily 
kept  clean.  The  cells  at  the  police  station,  Court  street,  Toronto,  are  merely  two 
large  basement  rooms,  one  within  the  other,  access  being  had  to  the  women's  pen 
by  a  passage  separated  from  the  men's  pen  by  iron  bars.  In  each  room  a  row  of 
iron  bars  reaching  from  fluor  to  ceiling  separates  the  space  within  which  the 
prisoners  are  confined  from  that  in  which  the  police  and  visitors  move.  In  the 
one  cage  all  the  males  arrested  during  the  night,  in  the  other  all  the  females,  young 
and  old,  persons  charged  with  trifling  offences  and  hardened  criminals,  those 
arrested  for  the  first  time  and  those  who  have  been  arrested  scores  of  times, 
the  comparatively  innocent  and  the  utterly  depraved  and  reprobate  are  packed 
together.  There  is  not  and  there  cannot  be  the  slightest  attempt  at  classifica- 
tion or  discrimination.  The  place  is  kept  as  clean  as  such  a  place  can  possibly 
be  kept,  but  in  all  other  respects  it  is  disgraceful  to  a  great  city.  Nothing 
more  revolting  than  the  scenes  which  must  be  witnessed  in  these  pens  when  the 
prisoners  are  numerous,  as  they  often  are,  can  be  imagined. 

Yet  some  improvements  have  been  made  we  were  told.  It  is  not  very  long 
since  all  prisoner.*  male  and  female  were  placed  in  the  same  pen.  Now  there 
is  a  matron  who  searches  the  female  prisoners  when  search  is  thought  neces- 
sary and  enforces  some  degree  of  order  in  w-hat  were  else  a  pandemonium. 
Females  arrested  in  any  part  of  the  city  before  midnight  are  now  taken  to 
this  station  and  placed  under  the  care  of  the  matron  and  in  some  cases  the 
matron  takes  to  her  own  room,  (which  indeed  is  but  a  small  gloomy  cell)  a  young 
girl  yet  free  from  vice  whom  she  wishes  to  save  from  contamination.'  The 
condition  of  affairs  must  surely  be  deplorable  when  it  is  regarded  as  a  great 
advantage  to  a  female  prisoner  to  be  placed  in  this  dreadful  "place  because  the 
presence  and  care  of  a  matron  may  there  afford  her  some  protection. 

The  horrors  of  the  van  known  as  the  Black  Maria  in  which  prisoners  are 
conveyed  from  the  police  station  to  the  gaol  and  from  the  gaol  to  the  station 
exceeded  even  those  of  the  pens,  becau.se  in  this  were  crammed  indiscriminately 
men  and  women,  young  and  old,  the  hideously  vile  and  those  innocent  or 
guilty  of  trivial  offences.  A  second  van  the  commissioners  were  informed 
would  soon  be  ready  for  use  and  then  males  and  females  would  no  longer 
be  packed  together.  '^ 


149 


Peremptory  measures  should  be  taken  to  compel  city  councils  or  other  muni- 
cipal authorities  to  reconstruct  on  proper  principles  the  police  cells,  which  in  their 
present  condition  are  a  disgrace  not  only  to  the  cities  in  which  they  are  situated, 
but  to  the  whole  Province;  and  the  employment  of  a  matron  to  take  charge  of  the 
female  prisoners  should  be  made  compulsory.  A  single  night  spent  in  one  of 
these  police  stations  must  degrade  and  demoralize  even  the  well-disposed,  and 
must  corrupt  and  utterly  ruin  the  viciously  inclined.  The  importance,  the  abso- 
lute necessity  of  a  thorough  reformation  in  the  construction  of  police  station  cells 
and  in  the  treatment  of  the  prisoners  confined  in  these  cells  cannot  be  urged  too 
strongly  upon  all  who  are  in  any  way  responsible  for  the  niDral  well  being  of  the 
people  of  this  Province. 

Dr.  Wines  says,  "  It  would  seem  at  first  to  be  a  matter  of  slight  importance, 
where  arrested  persons  are  put  for  a  single  night  or  day  or  how  treated  so  long 
as  absolute  barbarity  is  not  practised.  '  Let  the  brief  hardship  be  a  lesson  to 
them  :  make  the  place  intolerable  and  they  will  keep  out  of  it.'  If  they  would 
the  case  would  be  different.  Brutal  treatment  brutalizes  the  wrong-doer  and 
prepares  him  for  worse  offences.  We  must  consider  that  amongst  the  occupants 
of  a  lock-up  there  will  always  be  a  number  who  are  there  for  the  first  time  and 
the  first  offence.  They  have  been  caught  in  bad  company  or  have  been  guilty  of 
some  disorder;  or  found  sleeping  out  of  doors  having  no  indoors  where  to  sleep ; 
or  accused  by  the  blunder  of  a  policeman  ;  or  held  on  groundless  suspicion.  Just 
at  that  point  not  a  few  of  these  take  the  first  step  of  a  downward  course.  Pro- 
bably not  less  than  ten  per  cent,  of  all  confined  nightly  in  this  class  of  prisons 
are  there  for  a  first  and  trifling  offence  or  for  no  punishable  offence  at  all.  Not 
a  few  of  these  children — boys  and  girls  under  fifteen  years  of  age,  whose  chief 
fault  is  that  they  have  never  known  a  parent's  love,  never  enjoyed  the  blessing 
of  a  home,  never  felt  the  warm  pressure  of  christian  care  and  kindness.  Truly 
human  justice  is  a  clumsy  machine  and  often  deserves  the  punishment  which  it 
inflicts." 

TJie  Central  Prison. 

This  prison  in  its  design  and  management  resembles  British  local  prisons, 
and  the  institutions  known  in  the  United  States  as  houses  of  correction  or  work- 
houses, yet  in  some  respects  it  differs  from  them  very  widely.  The. British  Local 
Prisons  receive  prisoners  under  sentence  of  imprisonment  for  various  terms  from 
one  or  two  days  to  two  years,  debtors,  prisoners  awaiting  trial  or  on  remand, 
and  those  called  surety  prisoners:  tliey  are  also  used  for  the  detention  of  prisoners 
sentenced  to  penal  servitude.  In  the  houses  of  correction  the  great  majority  of 
the  prisoners  are  confined  for  short  terms,  varying  from  a  few  days  to  one  or  two 
months  ;  but  several  are  imprisoned  for  terms  as  high  as  five  and  in  some  instances 
even  as  high  as  ten  years.  The  workhouses  are  not  used  as  places  of  detention 
except  in  some  cases  of  prisoners  who  cannot  procure  bail.  Few  short  term 
prisoners  are  sent  to  the  central  prison  in  the  first  instance.  Of  739  prisoners 
sent  to  this  prison  in  1889  those  sentenced  for  one  month  or  less  were  only  46; 
those  sentenced  to  terms  from  one  to  two  months  numbered  only  45  ;  those 
sentenced  to  more  than  two  and  up  to  three  months  imprisonment  numbered  160  ; 
and  those  sentenced  to  terms  of  from  three  up  to  six  months  numbered  100. 
The  greater  number  are  sent  for  six  months  and  upwards.  Two  hundred  and 
seventeen  were  sentenced  for  six  months  and  171  for  more  than  six  months  and 
up  to  two  years.  None  are  sent  to  this  prison  to  await  trial  or  on  remand  or 
for  purposes  of  mere  detention,  and  none  can  be  sent  for  more  than  two  years. 
It  seems  to  be  peculiar  to  the  Ontario  system  that  men  sentenced  to  imprison- 
ment in  the  county  gaols  may  be  transferred  to  the  Central  Prison,  when  for  any 


150 


Teason  such  a  change  seems  desirable  to  the  authorities.  Of  the  739  prisoners 
committed  in  1889  no  less  than  229  were  sent  to  the  common  gaols  to  undergo 
their  sentences,  and  were  thence  transferred  to  the  Central  Prison.  This  prison 
has  380  cells ;  the  largest  number  of  prisoners  on  one  day  in  1889  was  434,  the 
smallest  number  3o0 ;  the  average  was  372. 

The  evidence  of  a  number  of  gaolers,  police  officers,  and  others  proved  beyond 
doubt  that  the  criminal  class  dread  the  Central  Prison  very  much,  and  that  the 
strict  discipline  and  .steady  work  have  a  strong  deterrent  effect  on  that  c  ass.  It  is 
by  no  means  unusual  to  hear  that  prisoners  when  about  to  be  sentenced,  implore  the 
judge  or  magistrate  to  send  them  to  the  penitentiary  rather  than  to  the  Central 
Prison.  They  even  ask  sometimes  to  be  sent  for  three  years  to  the  penitentiary 
rather  than  for  two  years  to  the  Central  Prison.  Mr.  Massie  in  his  evidence  said, 
"  That  is  easily  explained.  I  believe  in  strict  discipline  and  I  hold  to  this  belief. 
When  I  entered  upon  my  duties  I  had  large  sympathies  with  the  prisoners.  I 
thought  I  could  reclaim  every  man  that  entered  there.  I  entered  upon  my  duty 
with  this  feeling,  but  I  soon  found  that  I  had  to  apply  the  principle  of  punishment. 
I  found  that  I  had  to  treat  them  firmly  but  kindly,  and  then  I  laid  down  certain 
strict  rules  of  discipline  and  that  is  one  reason  why  the  prisoners  object  to  the  Cen- 
tral Prison.  Another  reason  is  that  I  hold  to  the  views  that  when  a  man  forfeits 
his  liberty  through  bad  conduct,  preying  upon  society  and  is  put  inside  a  prison,  he 
is  subject  to  the  regulations  under  which  it  is  worked  and  if  we  were  to  allow 
people  to  send  in  whatever  they  liked  to  the  prisoners,  those  delicacies  and  little 
luxuries  which  so  many  are  fond  of,  the  tendency  would  be  to  destroy  the  disci- 
pline which  we  enforce.  The  proper  position  for  a  prison  to  take  is,  I  think,  to 
make  it  a  deterrent  to  the  commission  of  crime.  I  do  not  think  however,  that 
the  treatment  should  be  unnecessarily  severe  that  you  should  make  the  prisoner 
suffer  to  any  great  extent.  The  diet  is  well  cooked,  but  it  is  not  liberal ;  it  is 
quite  sufficient  to  keep  up  their  system.  We  give  every  man  sufficient  food,  in 
fact  we  are  obliged  to  do  this  to  get  the  proper  amount  of  work.  The  whole 
secret  of  the  matter  is  that  every  man  must  work.  Hard  labour  is  attached  to 
the  sentence  and  in  all  cases  we  insist  upon  carrying  out  the  sentence.  We  have 
in  view  in  doing  this  the  fact  that  each  man  must  be  supplied  with  a  fair  amount 
of  wholesome  food,  but  beyond  this  we  will  not  go." 

As  far  as  the  commissioners  could  observe  when  they  visited  the  prison,  the 
labour  was  nowhere  excessive.  All  were  busy,  yet  few  seemed  to  work  as  liard 
as  the  free  workman  employed  in  a  factory,  or  at  trenching,  or  in  brick  making. 
As  in  other  penal  institutions  they  were  informed  in  answer  to  their  enquiries, 
that  the  prisoners  do  not  do  as  much  work  in  a  day  as  wage-earners  must  do  if 
they  would  retain  their  employment. 

Although  the  strict  discipline  creates  such  a  dislike  of  the  Central  Prison 
amongst  the  criminal  class,  it  does  not  deter  all  who  pass  through  it  from  the 
further  commission  of  crime.  Almost  every  gaoler  who  was  questioned  on  the 
subject  stated,  that  of  those  sent  fiom  his  gaol  to  the  Central  Prison,  some  were 
again  committed  for  offences  similar  to  those  for  which  they  had  been  punished. 
The  returns  do  not  show  how  many  of  those  sent  to  the  prison  in  any  year  were 
committed  for  a  second  or  third  time.  Mr.  Massie  when  asked,  "  Are  the  number 
of  recommitments  decreasing  in  anything  like  proportion  to  the  first  commit- 
ments ? ''  answered,  ''  No,  I  do  not  think  they  are,  I  think  the  effect  of  our 
system  is,  to  keep  the  young  out  of  the  ranks  of  confirmed  criminals  ;  but  I  do 
not  think  the  same  attention  is  being  devoted  to  the  old  and  confirmed  criminals." 
In^  reply  to  a  question  as  to  the  possibility  of  doing  something  more  for  the 
reformation   of  criminals  ?  he  said,  "  We  are  trying  in  an  humble  manner  to 


151 


reclaim  them  and  we  succeed  in  many  instances.  There  are  many  hundreds  who 
have  passed  through  the  Central  Prison  who  never  return  to  crime.  I  know 
large  numbers  in  the  city  to-day,  who  are  now  holding  responsible  positions  who 
have  served  their  term  in  the  Central  Prison."  Asked  if  there  were  not,  even 
when  the  prison  system  was  worst,  many  who,  having  undergone  punishment,  did 
not  return  to  their  criminal  way  of  life,  he  said,  ''  there  were  some  certainly,  but 
not  nearly  the  number  there  are  now." 

In  the  houses  of  correction  or  workhouses  of  the  United  States,  no  attempt  has 
yet  been  made,  as  far  as  we  could  learn,  to  introduce  the  indeterminate  sentence, 
the  parole  system,  or  any  system  of  reduction  of  the  term  of  imprisonment,  as  an 
incentive  to  and  reward  for  good  conduct.  In  the  English  local  prisons,  as  we 
learn  from  Dr.  Wines,  "  A  really  great  and  long-needed  reform  has  been  intro- 
duced into  the  local  prisons  with  the  new  system — the  progressive  classification 
of  prisoners.  Beginning  with  rigidly  penal  conditions  of  food,  bed,  labour  and 
general  treatment,  the  prisoner  has  to  work  himself  up  gradually  by  good 
behaviour  and  industry  into  higher  stages,  in  which  he  is  subjected  to  a  less 
irksome  regime,  and  meets  with  various  welcome  ameliorations  of  his  condition. 
A  powerful  stimulus  is  thus  aSbrded  to  good  conduct  and  diligence.  .  .  There  are 
four  stages.  The  prisoner's  merits  are  attested  by  marks.  Eight  marks  is  the 
maximum  number  that  can  be  earned  in  a  day.  The  prisoner  remains  in  the 
first  stage  until  he  has  earned  two  hundred  and  twenty-four  marks,  which  he 
may  do  in  twenty-eight  days,  and  then  he  passes  into  the  second  stage.  By 
earning  the  same  number  of  additional  marks,  he  passes  into  the  third,  and  in 
like  manner  into  the  fourth  ;  so  that  every  prisoner  having  a  sentence  of  more 
than  four  months,  may  reach  the  highest  stage  where  he  will  remain  during  the 
remainder  of  his  term,  unless  degraded  for  misconduct,  or  by  way  of  punishment. 
No  gratuity  can  be  earned  in  the  first  stage  ;  a  shilling  ma}'-  be  earned  in  the 
second,  one  and  sixpence  in  the  third,  and  two  shillings  in  the  fourth  for  every 
224  marks.  Divers  other  advantages  are  obtained  at  each  advance  which  are 
highly  valued."  The  money  rewards  are  very  small  in  amount,  and  this  has  led 
to  many  protests  on  the  part  of  the  friends  of  discharged  prisoners  and  of  aid 
societies. 

Mr.  Tallack,  in  his  work  on  "  Penological  and  Preventive  Principles,"  pub- 
lished in  1889,  says :  "  In  the  local  (cellular)  gaols  of  Great  Britain,  four  stages 
may  be  passed  through  in  succession  by  the  longer  sentenced  prisoners,  and  a 
maximum  of  eight  good  marks  per  day  may  be  earned.  In  the  first  stage  the 
prisoner  earns  no  money,  has  the  hardest  labour  and  the  lowest  dietary,  and 
sleeps  at  night  on  a  plank  bed  without  a  mattress  (but  not  without  blankets). 
When  he  has  obtained  224  good  marks  he  may  pass  into  the  second  grade,  where 
he  may  have  a  mattress  five  nights  of  the  week,  with  school  instruction  and 
books.  He  may  earn  one  shilling  during  the  whole  stay,  and  may  have  special 
exercises  on  Sundays. 

"  In  the  third  stage  (reached  after  earning  224  marks  in  the  previous  one) 
the  plank  bed  is  only  enforced  one  night  a  week  ;  one  shilling  and  six  pence  may 
be  earned,  and  certain  minor  privileges.  Another  224  marks  will  bring  the 
prisoner  to  the  highest  or  fourth  stage^  where  the  plank  bed  disappears,  and  two 
shillings  may  be  earned ;  but  in  certain  cases  of  special  good  conduct  a  maximum 
of  two  pounds  may  be  reached.  Increased  privileges  as  to  correspondence,  reading, 
etc.,  are  also  now  permitted.  The  local  gaols  of  Great  Britain  receive  prisoners 
for  periods  ranging  from  one  day  to  two  years  the  maximum." 

The  treatment  of  prisoners  undergoing  sentence  is  much  more  severe  in  many 
respects  in  Great  Britain  than  in  the  United  States  or  in  Canada.     The  desire  to 


152 


obtain  the  rewards  described  by  Mr.  Tallack,  trifling  though  they  seem,  does  more 
to  maintain  discipline  than  any  system  of  punishments.  It  probably  does  much 
also  to  induce  habits  of  industry,  and  to  create  a  spirit  of  self-reliance. 

It  seems  a  matter  of  regret  that  no  attempt  has  yet  been  made  to  introduce 
a  system  of  rewards  as  well  as  of  punishment  in  the  Central  Prison.  Punishment 
alone  has  never  been  found  sufficient  for  the  suppression  of  crime,  or  the  reform- 
ation of  criminals.  "  Hope,"  says  an  eminent  penologist,  "  is  the  master  spring 
of  human  action.  Without  it  even  the  good  can  scarcely  retain  their  goodness  : 
without  it  the  bad  cannot  possibly  regain  their  virtue.  It  must  be  implanted  in 
the  breast  of  the  prisoner  the  first  hour  of  his  incarceration  and  kept  there  as  an 
ever  present  and  living  force.  Hope  is  the  great  inspiration  to  exertion  in  free 
life.  Why  should  it  not  be  made  to  fulfil  the  same  benign  office  in  prison  life  ? 
Can  anything  else  supply  its  place  ?  Hope  is  just  as  truly,  just  as  vitally,  just 
as  essentially  the  lOOt  of  all  right  prison  discipline  as  it  is  of  all  vigorous  and 
successful  effort  in  free  life." 

It  has  been  alleged  that  the  introduction  of  the  indeterminate  sentence  and 
the  parole  system  in  the  Central  Prison  would  be  impossible,  because  the  number 
of  long  term  prisoners  is  so  small.  This  may  be  matter  of  contioversy,  althoagh 
there  is  nothing  but  the  will  of  the  Dominion  Parliament  to  prevent  the  adoption 
of  a  perfectly  workable  system  of  that  kind  if  it  were  thought  desirable;  but  this 
objection  cannot  be  maintained  against  a  .sj^stem  modelled  on  the  English.  The 
average  population  of  the  Central  Prison  is  larger  than  that  of  any  one  of  forty- 
five  of  the  English  local  prisons — much  larger  in  many  cases,  and  the  number 
imprisoned  for  six  months  and  upwards  in  those  prisons  is  less  than  a  third  of 
the  whole.  Mr.  Massie  in  his  evidence  said :  "  We  don't  keep  a  record  of  every 
prisoner's  conduct.  We  keep  a  record  of  misconduct  so  far  as  those  who  violate 
the  prison  rules  are  concerned,  but  not  of  those  who  are  well  behaved.  You  will 
understand  this  that  although  under  the  prison  rules  there  is  no  record  kept  there 
are  certain  marks  against  them  and  the  evidence  of  bad  conduct  in  the  works." 
In  reply  to  various  questions  he  stated  that  there  is  no  system  in  operation  in 
the  prison  by  which  the  sentence  of  a  prisoner  may  be  shortened  as  a  reward  for 
good  conduct,  but  that  it  could  be  introduced  with  advantage  for  the  long  term 
prisoners,  of  whom  there  are  not  many.  The  system  of  indeterminate  sentence 
he  thought  could  not  be  applied  to  the  short  time  prisoners,  and  would  not  work 
in  the  prison  as  the  law  stands  now.  He  would  approve  of  a  system  under  which 
some  one  would  have  a  right  to  reward  by  remission  of  part  of  his  sentence  a 
prisoner  who  behaved  entirely  to  the  satisfaction  of  the  Warden.  "  Quite  a  few," 
he  said,  "  have  been  pardoned  and  allowed  to  go  out  through  my  recommendation 
to  the  Minister  of  Justice  through  the  Attorney- General,  where  the  persons 
have  been  held  under  a  sentence  very  severe  for  the  ofience  for  which  they  were 
committed."  Asked  if  he  believed  in  punishment  as  regards  those  who  fail  to 
perform  a  fair  amount  of  work,  Mr.  Massie  replied  :  "  I  am  a  Presbyterian  and 
strong  believer  in  the  Paulist  doctrine  that  if  any  would  not  work  neither  should 
he  eat." 

A  number  of  prison  reformers  maintain  that  prisoners  should  neither  be 
puni.shed  nor  rewarded.  All  punishment  they  speak  of  as  revenge.  The  State 
they  say  has  a  right  to  imprison  criminals  for  the  protection  of  society  and  to 
keep  them  in  prison  until  they  have  given  satisfactory  evidence  of  such  a  refor- 
mation as  will  make  it  safe  to  give  them  their  liberty.  Whatever  means  seems 
best  calculated  to  produce  their  reformation  the  State  should,  for  society's  sake, 
employ  ;  but  rewards  of  any  kind  they  disapprove  of.  An  Act' passed  by  the  New 
York  Legislature   in   1889,  known  as  the  Fasset  Act,  provides  that  meritorious 


158 


prisoners  may  receive  compensation  in  money  to  an  amount  not  exceeding  ten  per 
cent,  of  the  earnings  of  the  prison.  Mr.  Eugene  Smith,  secretary  of  the  Prison 
Ass  'ciation  of  New  York  commenting  on  this  in  a  pamphlet  recently  published, 
says  :  "  The  allowance  made  to  the  prisoner  is  called  compensation,  but  compen- 
sation for  what  ?  Apparently  compensation  for  good  conduct.  Where  is  the 
free  community  in  which  money  is  earned  as  a  compensation  for  mere  good 
conduct  ?  And  the  question  may  fairly  be  asked  whether  it  is  not  a  false  and 
hurtful  idea  to  inculcate  in  the  convict  that  he  ought  to  be  paid  money  for 
sim])ly  conducting  him.self  well  ?"  There  are  some  prisons  in  which  credit  is 
given  to  the  convicts  at  certain  fixed  rates  for  all  the  work  they  do  and  they  are 
charged  fair  prices  for  the  food,  clothing  and  other  necessaries  they  receive,  and 
for  the  cost  of  lodging  and  guarding  them.  The  balance  they  may  authorise 
their  families  to  draw,  or  it  is  invested  for  them  until  their  term  has  expired. 
This  Mr.  Smith  regards  as  the  ideal  system.  The  prisoner,  like  others,  needs 
food,  clothing  and  bed.  "  The  State  is  under  no  obligation  to  furnish  him  with 
any  of  these  things,"  argues  Mr.  Smith.  "  The  public  owes  no  man  a  living, 
least  of  all  does  the  convicted  criminal,  who  has  defied  the  laws,  have  any  claim 
on  the  charities  of  the  State."  One  thing  onl}'  the  State  ought  to  do,  and  it 
arises  out  of  the  necessities  of  the  situation.  "  The  convict  being  deprived  of  his 
liberty  cannot  get  work  to  do  for  himself ;  the  State  ought,  therefore,  to  provide 
him  with  work  and  pay  him  proper  wages  for  his  labour.  The  State  having 
done  that  has  in  this  regard  discharged  its  full  duty.  And  then,  the  condition 
of  the  prisoner  becomes  that  of  any  free  labourer — he  will  have  to  work  for  his 
support ;  he  will  have  to  pay  out  of  his  wages  for  whatever  he  consumes  and  for 
the  general  expenses  of  his  living ;  and  if,  by  dint  of  economy  and  hard  work, 
he  is  able  to  earn  more  than  he  spends,  grant  him  the  privilege,  within  proper 
limits,  to  accumulate  his  savings  until  his  discharge.  Such  a  fund  will  then  serve 
a  most  useful  purpose  in  tiding  him  over  the  first  trying  period  when  he  is 
adjusting  himself  to  the  changed  condition  of  freedom.  Or,  if  he  has  a  family, 
give  him  the  liberty  to  apply  any  possible  savings  to  their  support.  If  he  is 
sick  or  disabled  the  State  will  provide  for  him  on  the  humane  principle  on  which 
it  maintains  hospitals  and  asylums.  Bit  to  the  sturdy  convict  the  relation  of 
the  State  should  be  that  of  employer  to  employ^. 

"  Now  mark  the  natural  effects  of  such  a  system  upon  the  character  of  the 
convict  who  was  at  first  an  idle  vagabond,  living  on  what  he  could'  get  by 
depredations  There  is  necessarily  developed  in  him  in  the  first  place  the  habit 
of  industry  and  the  habit  of  self-support  by  his  own  labour.  He  gets  used  to 
earning  money  and  to  saving  money  and  to  doing  both  by  work.  He  acquires 
an  experimental  knowledge  of  the  value  of  money  and  of  the  value  of  labour. 
He  becomes  accustomed  to  the  idea  that  labour  is  the  only  legitimate  means  of 
supplying  his  wants  and  of  making  material  pi-ogress  in  lite.  And  when  he 
leaves  the  prison  he  comes  out  a  competent  and  industrious  workman,  inured  to 
self-support  under  circumstances  so  like  those  in  which  he  now  enters  as  not  to 
suffer  any  radical  shock  from  altered  conditions." 

The  system  thus  strongly  advocated  has  not  been  adopted  to  any  great  extent 
anywhere.  The  system  of  allowing  the  prisoners  a  small  portion  of  their  earn- 
ings, presumably  the  difference  between  the  cost  of  maintaining  and  guarding  them 
and  the  value  of  their  work  has  found  more  favour.  In  some  of  the  Western 
States  a  small  sum  is  allowed  daily  to  strong  and  feeble,  sick  and  well,  skilled  and 
unskilled  alike.  The  amount  is  in  most  cases  too  small  to  be  of  much  use  to 
the  prisoner's  family,  and  the  two  objects  to  be  aimed  at  in  making  such  allowance, 
unless  Mr.  Smith's  principle  be  fully  adopted,  are  the  acquisition  of  habits  of 
steady  industry  and  the  strengthening  of  the  family  ties  which  so  often  exercise 


154 


so  powerful  an  influence  for  good  even  on  the  most  depraved  and  most  hardened. 
Another  system  is  that  of  setting  the  prisoners  a  task  or  stint  and  placing  to  their 
credit  for  the  use  of  their  families  or  of  themselves  when  they  have  regained 
their  liberty  a  reasonable  price  for  all  the  over  work  they  do.  This  system  Mr. 
Massie  has  adopted  in  the  Central  Prison.  He  said  :  "  I  can  say  that  we  have 
introduced  the  system  of  giving  men  task  work.  After  a  man  has  finished  his 
task  we  pay  him  for  whatever  other  work  he  does.  T  find  that  this  is  a  great 
incentive  to  men  to  do  good  work  in  the  prison." 

The  principle  on  which  payments  for  extra  labour  are  made,  Mr.  Massie 
explained.  Men  employed  in  any  occupation  outside  do  more  work  in  a  day  than 
is  done  by  prisoners.  This  is  partly  because  several  of  the  prisoners  have  not 
received  a  sufficient  training.  The  "  stint  "  is  not  regulated  by  what  a  good  work- 
man does  outside  but  by  what  is  considered  a  fair  average  day's  work  for  a 
prisoner.  The  men  working  in  the  brickyard  where  twelve  work  on  a  machine 
get  a  stint  of  nine  thousand  and  the  men  are  paid  for  whatever  they  do  over  at 
the  rate  of  25  cents  a  thousand  to  some  and  down  to  6^  cents.  Some  of  these 
merv  make  as  much  as  $60  from  May  to  October,  A  stint  is  fixed  in  the  broom 
shop  which  a  prisoner  when  he  has  learned  his  work  thoroughly  can  get  through 
nicely  in  seven  hours.  A  stint  is  fixed  as  far  as  possible  in  regard  to  blankets 
and  tweeds.  Where  it  is  difficult  to  keep  an  account  of  the  over  work  from  20 
to  40  or  50  cents  a  day  is  allowed.  In  the  tailor's  shop  the  men  are  paid  ten  per 
cent,  of  the  value  of  their  work.  Asked  how  the  man  who  is  not  a  mechanic 
is  paid,  Mr.  Massie  said,  "  We  regulate  it  by  paying  so  much  to  the  average 
man  and  as  much  to  the  expert,  taking  as  a  basis  what  the  average  man  can 
do.     Wc  make  no  distinction  as  to  rates." 

How  far  this  may  serve  as  a  substitute  for  the  hope  of  earning  a  remis- 
sion of  a  portion  of  the  convict's  sentence  it  would  be  difficult  to  say.  The 
effects  of  such  payment  for  extra  work  made  on  equitable  principles  must  be 
good.  There  is  no  reason  why  this  system  of  payment  for  extra  work  should 
not  be  combined  with  a  system  under  which  a  remission  of  part  of  the  sentence 
or  a  liberation  on  parole  could  be  earned  by  good  conduct,  attention  to  work 
and  diligence  in  such  literary  studies  as  ma3'-  be  prescribed.  No  system  of 
dealing  with  criminals  from  which  the  hope  of  reward  is  absolutely  excluded  can 
be  thoroughly  successful. 

Penitentiaries,  State  Prisons,  Convict  Prisons. 

The  penitentiary,  or  convict  prison,  as  it  now  exists,  is  comparatively 
modern.  When  the  feudal  system  disappeared  and  states  became  consolidated 
the  erection  of  large  prisons  became  necessary,  although  executions  continued 
to  be  numerous,  and  barbarous  punishments — the  cutting  off  of  the  right  hand  or 
right  foot,  branding  and  scourging — were  freely  used  for  the  prompt  repression  of 
misdemeanours  which  now  would  scarcely  be  regarded  as  serious,  and  the  pillory 
was  in  every-day  use  for  the  punishment  of  petty  offences.  The  governments  of 
continental  Europe  found  much  difficulty  in  dealing  with  criminals  whom  it  was 
deemed  inexpedient  either  to  put  to  death  or  to  set  free.  England  sought  relief 
from  this  difficulty  by  sending  a  large  number  of  criminals  to  the  West  Indian  and 
North  American  plantations,  where  they  were  disposed  of  to  the  planters  on  terms 
which  made  them  virtually  slaves  for  the  period  of  their  service.  Towards  the  close 
of  the  eighteenth  century  the  colonies  refused  to  receive  any  more  of  the  convicts 
and  it  became  necessary  to  make  some  provision  for  their  safe-keeping  and  proper 
management.  The  labours  of  John  Howard  had  begun  about  that  time  to  pro- 
duce some  effect.     He  was  strongly  opposed  to  the  transportation  system,  but  his 


155 


■opposition  would  have  proved  unavailing  if  the  colonies  had  not  insisted  on  its 
discontinuance  or  the  experiment  at  Sierra  Leone  had  not  proved  a  failure.     Aq 
Act,  19   George  III.,  c.  74,  which,  it  is  said  Howard  assisted  in  framing,  after 
stating  that  "  the  punishment  of  felons  and  other  offenders  by  transportation  to 
His   Majesty's  colonies   and  plantations  in  America   was  attended   with   many 
difficulties,"  provided  for  the  erection  of ''  two  plain,  strong  and  substantial  edifices 
or  houses,  which  shall  be  called  the  penitentiary  houses,  for  the  purpose  of  employ- 
ing and  confining  in  hard  labour  in  one  of  the  said  houses  such  male  convicts 
and  in  the  other  such  female  convicts     .     ,     as  shall  be  ordered  to  imprisonment 
and  hard  labour,"     The  especial  purpose  of  the  establishment  of  these  peniten- 
tiaries is  stated  in  the  oth  section,  which  says  that  "  if  many  offenders  convicted  of 
crime   for  which   transportation  hath    usually  been    inflicted  were    ordered   to 
solitary    imprisonment,  accompanied    by    well    regulated    labour   and    religious 
instruction,  it  might  be  the  means,  under  Providence,  not  only  of  deterring  others 
from  the  commission  of  the  like  crimes,  but  also  of  reforming  the  individuals  and 
inuring  them   to   habits  of  industry."     The   idea  of  providing  a  cell   for   each 
prisoner,  which  is  probably  all  that  was  intended  by  the  framers  of  this  Act,  was 
at  that  time  new  in  England,  as  was  indeed  the  idea  of  reforming  criminals  or 
suppressing  crime  by  any  other  than  deterrent  methods  ;  nor  did  these  ideas  obtain 
to  any  great  extent,  in  other  European  countries.     The  prison  of  San  Michele,  at 
Rome,  built  in  1703,  fur  Pope  Clement  XI,  was  probably  the  first  constructed  on 
that  principle.     Fontana,  the  architect  of  this  prison,  it  is  alleged  first  introduced 
the  wings,  radiating  from  a  centre,  with  tiei's  of  cells  fronting  on  corridors,  which 
many  believe  to  be  of  American  origin.  In  this  prison  also,  as  Mr.  Tallack  says,  the 
necessity  of  combining  the  moral  with  the  deterrent  conditions  of  separation  was 
permanently   recorded  in   the   motto  conspicuously  inscribed   over  the   prison : 
"  Parurti  est  coercere  improbos  nisi  probos  e^cias  disciplina."     (It  is  of  little  use 
to   restrain    the  wicked    by  punishment    unless    you    make   them    virtuous   by 
discipline).     Howard  visited  this  prison  and  it  is  said,  greatly  admired  the  motto 
in  which  his  own  views  were   expressed.     M.  Corbeer,  appointed  a  commissioner 
by  the   French  government   in   1S39,  to  report  upon  prisons,  declares  that  the 
correctional  system   is  not  American,  but  has  existed  from  comparatively  early 
times.     A  prison  after  the  model  of  St.  Michele,  was  built  at  Milan,  and  another 
long  after  at  Ghent.  From  these  probably  Howard  adopted  the  system  of  prison  con- 
struction which  he  recomiuended  to  some^f  riends  in  Gloucestershire  where  the  first 
prison  built  on  this  plan  in  England  was  actually  erected.    When  Mr.Fowell  Buxton 
visited  the  prison  at  Ghent  in  1817  it  had  probably  undergone  very  little  change. 
He  tellsus  that  the  prisoners'  beds  were  in  small  recesses  from  a  gallery  opening  from 
the  court.     Each  had  a  separate  cell.     The  major  part  of  prisoners  of  the  same  class 
worked  together  in  rooms  176  feet  long  and  26  broad.     They  wove  calico,  damask 
and  sacking  cloth,  and  there  were  shops  for  carpenters,  sawyers,  blacksmiths  and 
other  mechanics.     The  manufactory  was  under  a  contractor  who  furnished  the 
prisoners  with   their  food — twenty-six  ounces  of  bread  and  two  quarts  of  soup 
daily  for  each.     The  utmost  care  and  regularity  were  preserved,  and  no  prisoner 
was  allowed  to  speak.     The  prisoners  received   the  whole  amount  of  their  earn- 
ings every  week  and  purchased  at  shops  in  the  gaol  what  they  required.     They 
were  cheerful  and  well  behaved.     Mr.  Buxton  did  not  see  a  fetter  or  chain  in  the 
whole   ))rison.     Corporal  punishment,  once  inflicted,  was   dispensed  with,  having 
been  found  unnecessary ;  privation  of  work  it  was  said  was  penalty  sufficient  to 
keep  ninetv-nine  out  of  a  hundred  orderly  and  attentive  to  the  rules,  and  if  one 
was  occasionally  received  of  an  unusually  turbulent  and  ungovernable  disposition 
a  week's  solitary  confinement  invariably  reduced  him  to  obedience.     "There  was,' 
says  Mr.  Buxton,  "  a  degree  of  cleanliness  in  their  persons  and  an  air  of  cheerful- 


156 


ness  in  their  countenances  ;  in  short,  an  appearance  of  comfort  and  respectability 
which  was  the  strongest  evidence  of  the  success  of  the  system.  I  had  lately 
visited  the  principal  prisons  of  our  metropolis  and  I  can  convey  no  adequate  con- 
ception of  the  contrast.  The  most  boisterous  tempest  is  not  more  distinct  from 
the  serenity  of  a  summer's  evening  ;  the  wildest  beast  of  prey  is  not  more  diflFer- 
ent  from  our  domesticated  animals  than  is  the  noise,  contention,  licentiousness 
and  tumult  of  Newgate  from  the  quietness,  industry  and  regularity  of  the  Maison 
de  Force."     This  was  43  years  after  Mr.  Howard's  first  visit  to  this  prison. 

The  Act  referred  to  and  other  Acts  subsequently  passed  did  not  produce 
the  effects  that  were  expected.  In  May,  1787,  seven  vessels  having  800  convicts 
on  board  sailed  from  Spithead  for  Botany  Bay,  N.S.W.  The  English  Govern- 
ment preferred  the  transportation  system  for  disposing  of  convicts  to  any  other. 
Other  convict  settlements  were  afterwards  established.  The  horrors  of  that 
system,  although  much  that  was  dreadful  reached  the  public  ear  were  not  fully 
exposed  until  1837,  when  appalling  revelations  were  made  before  a  parliamentary 
committee  moved  for  by  Sir  W.  Molesworth.  Even  then  although  a  Bill  passed 
providing  for  the  erection  of  penitentiaries,  it  was  also  provided  that  they  should 
be  erected  in  Australia.  It  was  not  until  1854  that  an  end  was  put  to  this 
system,  the  Australian  colonies  with  one  exception  having  refused  to  allow  con- 
victs to  land  on  their  shores,  and  the  colonies  of  South  Africa  having  shown 
an  equal  determination  to  exclude  such  undesirable  immigrants.  Some  convicts 
were  sent  to  Bermuda  as  late  as  1859,  and  some  to  Western  Australia  as  late  as 
1867.  A  few  were  sent  to  Gibraltar  until  1874,  and  then  transportation  wholly 
ceased.  In  1874  England  had  eleven  convict  prisons  for  men  and  three  for 
women.  There  is  now  only  one  in  Scotland,  that  at  Peterhead.  There  are  four 
in  Ireland. 

The  Irish  or  Grofton  convict  system  many  regard  as  an  adaptation  of  the 
system  by  means  of  which  Captain  Maconochie  wrought  such  wonders  in  Nor- 
folk Island.  A  similar  system  was  in  operation  in  Bavaria  for  some  time 
betbi'e  Sir  Walter  Crofton,  perhaps  following  those  examples,  framed  his  .sj'stem. 
Although  the  laws  relating  to  convict  prisons  were  the  same  or  nearly  the  same 
in  Great  Britain  and  Ireland,  the  modes  of  administration  and  the  results  differed 
widely.  It  would  be  beyond  the  line  of  our  duties  to  describe  those  systems  in 
detail. .  Miss  Mary  Carpenter,  in  her  work  "  Our  Convicts,"  published  in  1864, 
gives  a  full  and  interesting  description  of  the  Irish  system  which  she  regarded 
as  greatly  superior  to  the  English.  Dr.  Wines  in  his  great  work  also  gives  a 
description  of  the  Irish  system  which  notwith-standing  the  defects  which  he  points 
out  he  greatly  admired.  It  may  be  said  briefly  that  the  Irish  was  a  progressive 
system  under  which  a  prisoner  may  continue  to  earn  good  marks  and  many 
important  advantages  from  the  day  he  entered  prison  to  the  time  of  his  dis- 
charge. Under  both  systems  the  prisoners  underwent  solitary  confinement  for 
nine  months.  For  the  flrst  three  months  they  were  completely  secluded.  They 
were  fed  on  a  bare  sufficiency  of  the  coarsest  food  and  compelled  to  do  some 
labour,  such  as  moving  shot  or  working  on  a  treadmill  that  was  wholly  unpro- 
ductive or  nearly  so.  For  the  next  three  months  they  got  better  food,  and  for 
the  last  three  months  they  got  work  they  liked  better,  were  allowed  to  sit  with 
the  cell  doors  open,  and  treated  more  kindly  in  many  ways.  During  these  nine 
months  they  received  careful  religious  and  literary  instruction.  This  is  the 
system  still.  The  principle  on  which  it  is  based  is  that  punishment  should  attend 
crime  and  that  the  punishment  should  be  most  severe  in  the  earlier  part  of  the 
convict's  term,  that  he  may  thus  be  brought  to  a  proper  sense  of  the  heinousness  of 
his  crime.    The  solitary  confinement,  serves,  it  is  thought,  not  only  as  a  punishment 


157 


but  as  a  means  of  reformation,  the  prisoner  being  thus  compelled  to  reflect  and  to 
commune  with  himself.  The  religious  and  literary  instruction  it  is  supposed  con- 
tribute to  his  reformation,  and  he  is  thus  prepared  to  take  his  [ilace  in  a  gano- 
of  labourers  without  incurring  much  danger  from  the  association.  We  have 
been  unable  to  ascertain  whether  any  large  number  of  the  convicts  are  morally 
improved  by  this  nine  months  solitary  confinement.  The  continuance  of  the 
system  seems  to  prove  that  the  prison  authorities  believe  it  to  be  of  some  use. 
Michael  Davitt's  description  of  his  fellow  convicts,  in  his  "  Leaves  from  a  Prison 
Diary,"  gives  the  impression  that  the  great  majority  of  the  convicts  are  quite  as 
bad  at  the  end  of  the  nine  months,  and  quite  as  bad  at  the  end  of  their  term  as 
on  the  first  day  of  their  imprisonment.  Under  the  Irish  system  the  convict 
could  from  the  very  first  earn  by  good  conduct,  and  attention  to  work  and  to 
study,  good  marks  and  badges-,  and  all  the  accompanying  advantages.  It  was  of 
advantage  to  the  convict  who  was  sent  to  Spike  Island  or  any  of  the  other 
convict  establishments  that  he  had  a  badge.  The  remission  of  his  sentence  per- 
mitted by  law  the  convict  could  thus  earn,  and  the  small  amount  of  money  paid 
to  those  in  the  higher  grades:  and  he  could  secure  his  earlier  removal  to  what 
was  called  the  Intermediate  Prison  at  Lusk,  where  he  enjoyed  comparative  freedom, 
was  well,  fed,  was  paid  half  a  crown  a  week,  and  was  prepared  to  take  a  place 
amon'ji:st  free  men.  There  was  also  an  intermediate  prison  for  females,  under  the 
charge  of  a  religious  community  which  was  very  successful.  The  Ciofton  system 
won  the  admiration  of  penologistseverywhere,  and  wasmade  the  basis  of  tlieprison 
system  of  many  other  countries.  After  the  convicts  were  discharge  1  on  ticket- 
of-leave,  a  careful  but  helpful  supervision  of  them  was  maintained.  In  England 
under  the  management  of  Col.  Jebb  and  his  associates,  the  convict  was  dis- 
charged on  ticket-of-leave,  almost  as  a  matter  of  course.  Miss  Carpenter  states 
that  the  guards  were  afraid  of  the  more  desperate  convicts,  and  reported  their 
conduct  "good"  when  they  should  have  reported  it  "  bad."  When  the  convicts  were 
let  loose  there  was  no  surveillance  of  them,  no  attempt  to  enforce  the  conditions 
of  the  ticket-of-leave,  and  for  some  years  all  England  was  in  constant  dread  of 
the  ticket-of-leave  man.  A  work,  "  Prison  characters  drawn  from  life  by  a 
Pri.son  Matron,"  which  created  a  great  sensation  when  published  in  1866,  shows 
that  the  English  system  worked  quite  as  badly  amongst  the  female  convicts. 

The  Irish  system  has  undergone  many  changes.  The  number  of  convicts  is 
now  small  The  works  on  the  fortifications  in  Cork  harbour  and  elsewhere 
have  ceased.  The  intermediate  prison  at  Lusk,  when  the  number  of  convicts, 
awaiting  their  discharge  there,  dwindled  to  twenty-five  was  closed.  Mr.  Tallack 
says  that  the  system  was  a  failure,  but  in  describing  the  English  system  as  it 
now  is,  it  shows  not  that  the  Irish  system  has  been  a  failure,  but  that  the  English 
system  has  been  gieatly  improved  by  the  adoption  of  many  of  the  most  valuable 
of  the  principles  of  prison  management  long  regarded  as  distinctively  Irisl. 

"  In  the  British  convict  piisons  for  long  terms,  the  inmates  have  the  oppor- 
tunity afibrded  them  of  gradually  obtaining  for  themselves  by  means  of  good 
behaviour  and  industiy,  a  remission  of  their  original  sentences  to  the  extent  of 
about  one-fourth  of  the  time  for  men  and  one-third  for  women.  Thus  a  man 
sentenced  to  tw^elve  years'  imprisonment  can  earn  his  liberation  in  nine  years 
(but  under  police  supervision  for  the  remaining  three),  whilst  a  female  convict 
may  liberate  herself  in  eight  years  with  the  same  original  sentence. 

"  In  addition  to  this  ultimate  reward,  the  convicts  may  earn  a  succession  of 
more  immediate  privileges  and  ameliorations  of  their  condition  by  working 
themselves  out  of  the  lower  or  more  penal  grades  into  the  higher  ones.  The 
ifirst   year  of   penal    servitude  forms   a  probation  period  of  which  about  nine 


158 


months  are  spent  in  c^'llular  confinement.  If  during  this  year  720  good  marka 
have  been  earned,  the  third  class  in  associated  labour  is  entered.  The  convict 
remains  in  this  for,  at  least,  one  year.  But  when  he  has  earned  2,920  marks  he 
may  pass  up  into  the  second  class  for  a  third  year.  Another  2,920  marks  will 
bring  him  into  the  first  or  highest  class  in  which  there  is  a  further  sub-class 
rank'ed  as  special,  which  carries  a  slight  extra  remission  of  one  week  of  the 
orisfinal  sentence. 

"Eight  good  marks  per  day  are  the  maximum  attainable.  In  the  third 
class,  convicts  may  earn  one  shilling  a  month  with  permission  to  receive  one 
visit'from  their  friends  each  half  year.  In  the  second  c]ass,one  shilling  and  six 
pence  per  month  may  be  earned,  with  the  substitution  of  tea  for  gruel,  longer 
exercise  on  Sundays  and  increased  privileges  of  visits  and  correspondence.  In 
the  first  class  extended  advantages  of  the  latter  kind,  with  a  further  improvement 
in  dietarv,  more  exercise  on  Sundays  and  a  half  a  crown  a  month  may  be  earned. 
There  has  recently  been  instituted  a  special  "  Star  "  class,  consisting  exclusively  of 
convicts  not  previously  sent  to  penal  servitude.  These  enjoy  some  particular 
privileges  and  they  carry  a  red  star  on  their  dress  to  distinguish  them  from 
other  prisoners. 

"  Convicts  must  in  general  have  learned  to  read  and  write  before  they  can 
be  admitted  to  the  highest  class.  Difierent  dresses  are  worn  in  the  respective 
classes.  The  adoption  of  this  '  progressive  system,'  it  may  be  remarked,  has 
led  to  a  large  diminution  of  punishment  in  those  prisons.  And  this  is  a  chief 
merit  of  the  plan,  namely,  its  aid  to  the  officers  and  to  discipline.  But  it  must 
always  be  remembered  that  it  -afi:brds  little  test  of  either  the  character  or 
the  reformation  of  criminals.  In  fact,  the  greatest  hypocrites  and  the  most 
cunning,  habitual  rogues,  may  most  easily  avail  themselves  of  its  advantages. 
Nevertheless,  and  in  spite  of  this  it  is  of  great  value.  But  the  appendage  of 
supervision  is  also  very  essential." 

When  it  became  necessary  to  provide  for  the  custody  and  carfe  of  all  the 
British  convicts  in  Great  Britain,  the  English  Government  sent  commissioners 
to  tlie  United  States  to  observe  the  working  of  the  penitentiary  or  State  prison 
system  in  that  country  and  report.  American  ideas  were  not  adopted  to  any 
great  extent.  The  original  act  establishing  Penitentiaries  in  England  provided 
that  the  convicts  should  be  kept  separate  at  night,  and,  as  much  as  possible, 
during  the  day,  and  that  they  should  net  be  allowed  to  hold  communication  even 
when  it  was  necessary  that  they  should  work  in  the  same  room  or  shop.  The 
solitary  confinement  of  convicts  during  the  first  nine  months  of  their  penal  ser- 
vitude can  hardly  be  regarded  as  an  adaptation  of  that  system  of  complete 
separation  which  those  commissioners  found  in  operation  in  some  of  the  American 
prisons,  and  which  is  still  in  operation  in  less  vigorous  form  in  the  Eastern 
Pennsylvania  prison.  In  American  prisons  generally,  solitary  confinement  was 
used  only  as  a  ]»unishment  for  insubordination  or  violation  of  the  prison  rules. 
The  ticket-of -leave  system,  or  the  system  of  conditional  liberation,  as  it  is  some- 
times called,  was  first  tried  in  the  Australian  convict  settlements,  and  having 
been  found  to  work  satisfactorily  there,  it  was  adopted  in  Great  Britain,  when 
transportation  could  not  be  continued.  ]t  was  really  little  more  than  a  shortening 
of  the  term  of  the  convict's  sentence,  until  Crofton,  in  his  administration  of  the 
Irish  piisons,  showed  how  much  more  may  be  gained  by  requiring  the  convicts 
actually  to  earn  such  remission  of  part  of  their  sentence,  as  was  allowed  by  the 
law,  and  enforcing  the  terujs  of  the  ticket-of-leave.  This  system  in  its  improved 
form  was  adopted  in  1862  by  the  Kingdom  of  Saxony  and  the  Grand  Duchy  of 
Oldenburg ;  in  the  Canton  of  Sargovie,  in  Switzerland,  in  1868  ;  in  Servia  in  1869  ; 


159 


in  the  German  Empire  in  1871  ;  in  other  Swiss  Cantons  and  in  Denmark  in  1873  ; 
in  the  Canton  of  Vaud  and  in  Croatia  in  1875  ;  in  the  Canton  of  Unterwalden 
in  1878  ;  in  the  Netherhmds  in  1881,  and  in  France  in  1885.  "Even  the  Em- 
pire of  Japan  has  embodied  it  in  the  code  of  1882."  The  parole  system  now  in 
operation  in  so  many  penal  and  reformatory  institutions  of  the  United 
States  is  but  a  development  of  the  ticket-of-leave  system,  which  may  be. 
regarded  as  the  origin  of  the  parole  system  now  carried  much  further 
in  some  of  the  prisons  of  the  United  States  than  it  has  yet  been  car- 
ried in  England.  In  the  British  prisons  the  convicts  to  increase  the 
severity  of  their  punishment  are  for  some  months  employed  in  work  almost  or 
entirely  unproductive,  such  as  that  of  the  treadmill  or  the  moving  of  heavy 
shot.  The  managers  of  all  the  penal  institutions  of  the  United  States  agree  that 
while  labour  is  absolutely  necessary  as  a  means  of  reformation,  unproductive 
labour  has  a  most  injurious  moral  effect  on  prisoners  and  it  is  never  resorted  to 
in  these  institutions  unless  for  purposes  of  instruction.  In  the  English  prisons 
the  diet  table,  framed  so  that  the  average  man  may  receive  a  bare  sufficiency  of 
coarse  food,  is  strictly  adhered  to,  and  the  consequence  is  that  some  suffer  con- 
stantly from  the  pangs  of  hunger.  In  many,  perhaps  in  all  of  the  prisons  of  the 
United  States,  although  there  is  a  diet  table,  every  prisoner  receives  an  abun- 
dance of  food,  and  in  some,  care  is  taken  to  supply  vegetables  in  season.  Some 
wardens  say,  that  unless  the  prisoners  get  enough  to  eat,  they  cannot  Avork. 
Others  contend  that  by  being  careful  as  to  the  quality  of  the  food  and  as  to  the 
manner  in  v.diich  it  is  served,  they  do  much  to  strengthen  whatever  self-respect 
and  human  feeling  the  prisoner  retains.  Some,  for  this  reason,  allow  the  friends 
of  prisoners  to  give  them  delicacies  and  furniture  and  ornaments  for  their  cells. 
In  most  cases  the  prisoners  receive  a  liberal  allowance  of  tobacco.  Mr.  Brush, 
warden  of  the  Sing- Sing  New  York  State  prison,  says  :  "  There  are  many  waj^s 
of  assisting  to  maintain  discipline  in  a  prison.  I  do  not  mean  so  much  disci- 
pline that  simply  keeps  order,  but  the  discipline  that  makes  character  and  helps 
the  man  after  he  leaves  prison.  Amongst  the  greatest  of  these  are  privileges 
which  are  given  to  the  pi'isoners,  such  as  writing  to  and  receiving  letters  from 
their  friends,  receiving  visits  from  thoie  who  are  nearest  and  dearest  to  them  and 
receiving  luxuries  occasionally  from  their  friends  outside.  By  these  privileges 
you  keep  up  and  improve  what  is  best  in  them.  B}^  depriving  them  of  such 
privileges,  you  harden  them  and  make  them  careless  as  to  their  conduct  and 
indifferent  as  to  their  future.  When  they  are  once  assured  of  those  privileges 
and  have  enjoyed  them,  the  deprivation  of  them  temporarily  will  do  much  in 
keeping  the  unruly  in  order."  Others,  however,  contend  that  much  harm  is 
done  by  allowing  prisoners  who  have  wealthy  friends  to  receive  luxuries. 

Literaiy  instruction  is  carefully  attended  to  in  several  of  the  American 
prisons.  In  English  prisons  literary  instruction  is  given  during  the  nine  months  of 
solitary  confinement.  In  the  American  prisons  it  contiiiues  duiing  the  whole  period 
of  imprisonment  or  until  the  prisoner  has  acquired  a  fair  common  school  education. 
In  the  Massachusetts  State  prison,  in  which,  as  the  warden  informed  the  com- 
missioners, there  were  at  the  time  of  their  visit  only  18  prisoners  who  did  not 
know  how  to  read  and  write  when  committed,  school  is  taught  from  6.30  to  7.50 
p.m.,  on  five  nights  of  the  week  and  is  attended  by  104  men.  This  school 
costs  $2,000  a  year  and  an  increase  of  the  appropriation  to  $3,000  was  asked. 
The  library  contains  some  9,000  volumes.  The  number  of  volumes  issued  during 
the  year  was  23,0:31 .  School  books  are  taken  by  349  who  do  not  attend  the  school 
and  <.f  these  eighty-two  volumes  are  German,  Spanish,  French,  Italian, Latin,  Greek 
and  Swedish  text  books.  The  superintendent  of  the  State  prisons  of  New  Yor\- 
in  his  report  for  1889  states  that    "the  requirements  of  the  law  that  instruction 


160 


shall  be  given  In  the  useful  branches  of  an  English  education  to  such  prisoners 
as  may  require  it  and  be  benefited  by  it  in  the  judgment  of  the  prison  wardens 
and  chaplains  is  fully  met.'  Similar  reports  are  made  as  to  the  work  of  this 
character  done  in  the  Joliet,  Eastern  Pennsylvania  and  other    State  prisons. 

The  system  in  actual  operation  in  all  but  some  Sou'^hern  States  is  that  known 
in  the  Northern  S.ates  as  the  Auburn  system,  the  principal  features  of  which  sire, 
separate  cells  by  night  and  associated  labour  by  day.  Mr.  Hastings  H.  Hart, 
secretary  of  the  Minnesota  State  board  of  correctioni  and  charities  in  a  pamph- 
let published  in  1890  says  •  "  When  ifc  is  combined  with  a  suitable  labour 
system,  that  is  a  system  of  productive  labour  such  as  will  train  men  to  earn 
their  way  outside,  it  affords  opportunity  for  reformation,  though  the  system  has 
little  reformatory  power  in  itself.  In  most  cases  the  system  has  been  supplemented 
by  good  time  laws,  under  which  prisoners  earn  a  reduction  of  their  sentence  by- 
good  conduct  and  in  some  states  prisoners  are  allowed  a  portion  of  their  earnings 
on  condition  of  good  conduct.  These  laws  promote  good  discipline  but  <lo  not 
ensure  reformation.  The  worst  men  often  make  the  best  convicts,  earn  all  of 
their  good  time  and  go  straight  back  into  crime.  Many  go  out  of  our  state 
prisons  reformed  men  but  their  reformation  is  not  generally  due  to  anything 
inherent  in  the  system.  The  reformation  of  state  prison  convicts  is  largely 
dependent  upon  the  personality  of  the  officers  of  the  prison.  A  warden  who  cares 
nothing  about  his  men,  a  tyrannical,  heartless  deputj^-warden,  or  a  perfunctory 
chaplain  stands  directly  in  the  way  of  every  renovating  influence. 

"  In  some  state  prisons  as  in  Ohio,  New  York  and  Wisconsin,  the  paiole 
system  has  been  introduced  with  a  system  of  marks  and  grades.  The  results  have 
-  been  very  encouraging.  The  laws  of  Wisconsin  and  New  York  have  gone  into 
effect  within  the  past  two  years  and  are  not  yet  fairly  in  operation.  The  Ohio 
law  has  been  in  opet'ation  since  1885.  The  convicts  are  divided  in  three  grades 
as  at  the  Elmira  reformatory  and  are  marked  on  their  conduct,  their  labour  and 
on  school  or  normal  progress,  and  those  who  have  not  previously  been  convicted 
of  any  felony  may  be  discharged  on  expiration  of  the  minimum  sentence  provided 
by  law  for  their  oS'ence  subject  to  a  return  without  trial  if  their  parole  is  violated. 
Under  the  operation  of  this  law  it  is  claimed  that  the  morale  oi"  the  prison  has 
greatly  improved  and  the  population  has  diminished.  About  600  prisoners  have 
been  paroled  and  the  board  of  managers  report  the  most  encouraging  results  in 
the  way  of  reformation." 

The  good  time  law  of  Ohio  provides  that  "  from  the  first  day  of  his  arrival  each 
convict  sentenced  for  a  definite  term  other  than  life,  shall  be  entitled  to  diminish 
the  period  of  his  sentence  as  follows  : — For  each  month,  commencing  on  the  first 
day  of  his  arrival  at  the  penitentiary,  during  which  he  has  not  been  guilty  of  a 
-violation  of  discipline,  or  of  any  of  the  rules  of  the  pri.sou,  and  has  laboured  with 
diligence  and  fidelity,  he  shall  be  allowed  a  deduction  of  five  days  from  tlie  period 
of  his  sentence."  If  he  continue  to  conduct  himself  in  the  same  manner  he  is 
entitled  to  seven  days'  deduction  for  each  month  in  the  second  year,  to  nine  days' 
deduction  for  each  month  in  the  third  year,  and  of  ten  days'  deduction  in  each 
year  after  the  third.  For  breach  of  rules  or  discipline,  or  for  misconduct,  he  may 
forfeit  "  a  portion  or  all  of  his  time  previously  gained." 

The  Ohio  law  relating  to  parole  of  prisoners  confined  in  the  state  prison, 
provides  that  the  Board  of  Managers  of  the  prison  "shall  have  power  to  establish 
rules  and  regulations  undei-  which  any. prisoner  *  *  under  a  sentence  other 
than  for  murder  in  the  first  or  second  degree,  who  may  haveserved  the  minimum 
term  provided  by  law  for  the  crime  for  which  he  was  convicted,  and  who  has  not 
previously  been  convicted  of  a  felon}^  and  served  a  term  in  a  penal  institution, 


161 


be  allowed  to  go  upon  parole  outside  of  the  buildings  and  enclosures,  but  to  re- 
main while  on  parole  in  the  legal  custody  and  under  the  control  of  the  board,  and 
subject  at  any  tune  to  be  taken  back  within  the  enclosure  of  the  said  institution." 
Powers  to  carry  out  their  regulations  are  given  to  the  Board  by  the  same  section. 
One  of  the  rules  is  that  "  no  prisoner  shall  be  released  on  parole  who  has  not  been 
in  the  first  grade  continuously  for  a  period  of  at  least  four  months."  Another 
rule  is  that  "  no  person  shall  be  released  on  parole  until  satisfactory  evidence  is 
furnished  to  the  board  of  managers  in  writing  that  employment  has  been  secured 
for  such  prisoner,  from  some  responsible  person,  certified  to  be  such  by  the 
auditors  of  the  county  where  such  person  resides." 

When  the  commissioners  visited  Ohio,  they  found  that  there  was  much 
difference  of  opinion  as  to  the  working  of  the  parole  system  in  the  Columbus 
penitentiary;  but  those  who  thought  it  did  not  work  well  attributed  its  failure  to 
the  manner  in  which  it  was  administered.  It  did  seem  very  improbable  that 
the  warden  could  form  a  proper  estimate  of  the  character  of  the  prisoners  or 
ascertain  whether  a  reformation  had  really  been  effected  in  any  case,  where  nearly 
1,600  men  were  busily  engaged  in  workshops  extending,  it  was  said,  over  fifteen 
acres  of  ground.  And  it  was  said  that  the  Board  of  managers  when  considering 
an  application  for  a  prisoner's  discharge  on  parole  are  often  influenced  by  repre- 
sentations made  from  without. 

The  Board  of  mauagers  of  the  state  prison  themselves  say  in  their  report  for 
1889  :— 

"  The  Board  again  desires  to  re-afSrm  its  entire  confidence  in  the  parole  law 
as  a  wise,  humane  and  equitable  enactment,  full  of  encouragement  and  blessings 
to  the  prisoner  whose  reputation  and  good  conduct  merit  recognition  and  assist- 
ance to  regain  his  good  name  and  position  in  society.  The  appreciation  of  those 
who  have  received  its  benefits,  and  the  fidelity  with  which  they  have  kept  their 
pledge  of  honour  is  best  shown  in  the  fact  that  of  the  535  prisoners  paroled  since 
the  law  went  into  operation  in  1885,  but  forty  have  been  returned  for  viola- 
tion of  the  conditions  imposed."  They  quote  approvingly  the  statement  made  by 
one  of  the  Board  that  "  although  under  the  laws  and  rules  the  Board  have  been 
at  work  for  almost  four  years,  not  a  line  of  either  law  or  rule  has  been  changed 
and  we  have  no  change  whatever  to  suggest,  and  I  cannot  imagine  any  alteration 
or  addition  that  would  be  of  benefit  either  to  the  state  or  to  the  convict." 

The  Act  passed  by  the  New  York  Legislature  in  1889,  known  as  the  Fassett 
Act,  provides  (section  74)  that  when  any  male  person  over  sixteen  years  of  age 
has  been  convicted  of  a  felon}^  punishable  by  imprisonment  in  a  state  prison  the  court 
may  pronounce  u|)on  such  convict  "  an  indeterminate  sentence  of  imprisonment 
in  a  state  prison  for  a  term  with  minimum  and  maximum  limits  only  specified 
without  fixing  a  definite  term  of  sentence  within  such  limits."  The  maximum 
term  is  to  be  the  longest  and  the  minimum  term  the  shortest  for  which  such 
offender  might  have  been  sentenced.  Section  75  provides  that  the  superin- 
tendent of  state  prisons,  the  agent  and  warden,  the  chaplain,  physician  and 
principal  keeper  of  each  prison  shall  coustitute  a  board  of  commissioners  for  ea^h 
prison.  Section  76  provides  that  this  board  shall  meet  from  time  to  time  and  at 
each  meeting  every  prisoner  confined  in  said  prison  on  an  indeterminate  sentence 
whose  minimum  term  of  sentence  has  expired  shall  be  given  an  opportunity  to 
appear  before  such  board  and  apply  for  his  release  upon  i)aroleor  for  an  absolute 
discharge,  and  the  board  is  prohibited  from  entertaining  any  other  form  of  appli- 
cation  or  petition   for  the  release   upon   parole  or    absolute    discharge    of  any 

11   (P.C.) 


162 


prisoner.  Section  77  provides  that  the  superintendent  shall  cause  to  be  kept  in 
each  prison  a  full  and  accurate  record  of  each  prisoner  therein  confined  upon  an 
indeterminate  sentence,  which  record  shall  include  a  biographical  sketch  covering 
such  items  as  may  indicate  the  causes  of  the  criminal  character  or  conduct  of 
the  prisoner  and  also  a  record  of  the  demeanour,  education  and  labour  of  the 
prisoner  while  confined  in  such  prison.  When  a  prisoner  is  transferred  a  copy  of 
this  record  shall  be  transmitted  with  him.  Section  78  provides  that  the  board,  if 
there  is  a  reasonable  probability  that  the  prisoner  applying  for  discharge  will 
live  and  remain  at  liberty  without  violating  the  law,  may  authorize  his  release 
upon  parole  on  the  usual  conditions.  If  he  violates  those  conditions  he  may  be 
arrested  and  taken  back  to  prison  on  warrant  issued  by  the  board  or  an}''  one  of  its 
members  and  be  held  for  such  part  of  the  maximum  term  of  impiisonment  as 
remained  unexpired  when  he  was  released  on  parole.  Tuis  goes  much  farther  than 
the  English  ticket-of-leave  system  under  which  a  convict  is  sentenced  for  a  definite 
term  and  can  earn  only  a  limited  remission  of  that  sentence. 

Mr.  Hart  tells  us  that,  ''  In  the  state  prison  at  Jackson,  Michigan,  a  very 
important  and  useful  experiment  is  in  progress.  .  .  There  has  been  no  special 
legislation,  except  a  law  requiring  that  all  of  the  convicts  be  sent  to  school ;  but 
the  modifications  in  the  system  have  been  made  with  the  concurrence  of  the 
Board  of  Inspectors  under  existing  laws.  Warden  Hatch,  who  was  formerly  a 
prison  ccntractor,  holds  the  view  that  prison  discipline  has  but  one  legitimate 
object,  namely,  the  protection  of  society  ;  and  that  the  most  effective  way  to  pro- 
tect society  is  to  reform  the  prisoner.  He  holds  that  any  means  which  have 
proved  eflBcient  to  reform  men  outside  are  legitimate  in  prison."  To  this  end,  a 
mark  system  has  been  introduced,  and  everj'  man  is  marked  on  a  scale  of  ten  on 
his  studies  and  his  conduct,  which  includes  his  efficiency  in  work.  Every  man 
who  earns  seven  in  studies  and  nine  in  conduct,  enjoys  certain  privileges  amongst 
which  are  the  following :  he  substitutes  a  grey  suit  for  stripes  at  the  end  of  his 
first  three  months  (this  privilege  is  highly  valued),  he  has  the  privilege  of  news- 
papers, letters,  a  weekly  literary  society,  religious  meetings  three  or  four  times  a 
week,  and  an  hour  or  two  of  liberty  in  the  pri.son  yard  two  aiternoonr!  in  the  week. 
Men  who  fail  to  earn  these  marks,  and  nien  who  break  the  rules  are  deprived  of 
these  privileges.  Those  who  join  the  literary  societies  must  pledge  themselves  to 
use  their  influence  in  favor  of  good  discipline  and  good  morals.  The  religious 
w^ork  of  the  prison  is  carried  on  by  a  chaplain  and  a.ssistant  chaplain,  who  giv^e 
their  whole  time  to  this  work,  and  a  Catholic  chaplain  who  officiates  re2'ularly.  .  , 
The  prison  officers  asse?  t  that  no  special  favours  are  show^n  to  convicts  who  interest 
themselves  in  religious  matters.  .  .  The  visible  results  are  better  luork — several 
of  the  contractor's  foremen  testify  that  the  men  work  better  than  formerly —  .  . 
better  order  and  an  intellectual  improvement.  .  .  There  were  few  dull,  morose, 
or  dogged  countenances." 

In  nothing,  perhaps,  do  American  systems  differ  from  the  English  more  than 
in  the  extent  of  the  discretionary  powers  given  to  the  warden  or  chief  officer.  In 
Great  Britain  the  discretionary  power  of  the  superintendent  is  very  limited-  in 
the  United  States  the  warden  manages  the  prison,  its  inmates,  and  its  affairs 
pretty  much  as  he  pleases.  Usually  there  is  a  board  which  is  supposed  to  control 
him,  but  which  in  most  cases  is  willing  to  authorize  what  he  proposes,  and  to  ap- 
prove of  what  he  does.  Because  of  this  freedom  of  action,  and  the  diversity  of 
management  arising  from  it,  a  great  many  systems  or  modifications  of  systems, 
all  more  or  less  experimental  are  on  trial,  and  it  may  be  possible  after  a  time  to 
determine  what  is  best. 


1G8 


Reformatories  for  Men. 

It  is  difficult  to  ascertain  what  proportion  of  those  who  pass  through  the 
convict  or  state  prisons  or  penitentiaries  become  roformed  even  to  the  extent  of 
avoiding  the  commission  of  what  is  technically  called  crime.  The  estimates  in 
which  the  managers  of  such  institutions  sometimes  indulge,  vary  from  fifty  to 
seventy-five  per  cent.,  and  some  estimates  are  even  higher.  But  all  agree  that 
the  retbimation  of  recidivists  and  habitual  criminals  is  exceedingly  difficult,  and 
that  comparatively  few  of  that  class  ever  do  reform.  Indeed,  some  go  so  far  as 
to  contend  that  the  man  who  has  been  imprisoned  several  times  is  by  nature  so 
prone  to  crime  that  he  cannot  resist  his  evil  inclinations,  and  that  his  reformation 
is,  therefore,  impossible.  Deterrent  and  leformatory  influences  have  most  effect 
on  those  imprisoned  for  the  first  time,  especially  those  who  have  not  led  a  long 
career  of  vice  and  crime,  but  have  been  arrested  for  their  first  or  second  offence. 
A  long  and  painful  experience  has  also  proved  that  of  those  imprisoned  for  the 
first  tune,  many  become  thoroughh^  depraved,  because  in  prison  they  are  forced 
into  association  with  old  off'enders  whose  every  deed,  and  word,  and  thought  is 
criminal. 

A  royal  commission  appointed,  in  1878,  to  enquire  into  the  working  of  the 
penal  servitude  Acts  in  Great  Britain,  made  several  valuable  recommendations, 
the  most  important  of  which  was  : 

"  That  in  order  to  prevent  contamination  of  the  less  hardened  convicts  by 
old  and  habitual  offenders,  a  separate  class  should  be  foimed  of  convicts  against 
whom  no  previous  conviction  of  any  kind  is  known  to  have  been  recorded." 

This  recommendation  was  acted  upon  immediately.  The  report  of  the 
directors  of  convict  prisons,  for  1880-1,  states  that  "  these  prisoners  being  selected 
after  careful  enquiries  .  .  .  were  first  sent  to  Millbank  to  accumulate  until  the 
numbers  were  sufficient  to  occupy  a  separate  block  of  one  of  the  public  works 
prisons.  .  .  And  in  November  last  204  of  these  prisoners  were  transferred  to 
Chatham  prison,  where  they  are  kept  entirely  separate  from  all  the  rest  of  the  con- 
victs." The  directors  wisel}'  concluded  that  the  objects  in  view  would  be  frustrated 
if  all  who  were  convicted  a  first  time  were  to  be  admitted  into  this  class,  and 
they  ordered,  with  the  approval  of  the  Secretary  of  State,  that  those  whose 
crimes  in  themselves  indicate  a  deliberate  criminal  course  of  life,  such  as  those 
convicted  of  receiving  stolen  goods,  and  men  convicted  of  unnatural  crimes  and 
indecency,  whether  previously  convicted  or  not,  should  be  excluded  ;  those 
who,  although  convicted  for  the  first  time,  were  found,  on  careful  enquiry,  to  have 
been  leading  criminal  lives  were  also  excluded.  The  men  who  were  selected  it  was 
ordered  should  "be  located  in  a  separate  hall  prepared  for  their  reception;"  should 
^  be  treated  like  all  other  convicts,  only  that  they  were  to  be  absolutely  and  entirely 
kept  separate  from  them,  "so  that  at  no  time  should  they  come  into  contact  with 
them,  directly  or  indirectly,  either  at  work,  at  chapel,  under  punishment,  or  on 
any  other  occasion."  With  a  view  to  ensuring  this  each  of  these  convicts  wears  a 
scarlet  star  on  his  clothing  and  they  are  called  "  the  star  class."  Subsequent 
rei)ort&  state  that  the  convicts  of  this  class  were  more  amenable  to  discipline 
than  the  others  and  were  remarkable  for  their  general  good  conduct.  They  do 
not,  however,  earn  any  more  good  service  time  than  may  be  earned  by  the 
greatest  criminals.  The  States  of  New  York  and  Massachusetts,  and  after- 
wards other  states,  thought  it  better  to  establish  separate  prisons  for  first 
offenders  and  to  call  them  by  a  different  name  than  to  assign  a  part  of  a  State's 
prison  or  penitentiary  to  them  :  and  the  system  adopted  in  these  reformatories 
for  men  have  the  reformation   of   the   criminals  almost  solely  in   view.     Some 


164 


American  penologists  maintain  that  in  such  institutions  there  should  be  no  pur- 
pose or  thought  of  punishment  for  offences  committed  without.  Colonel  Gardner 
Tufts,  of  the  Massachusetts  reformatory,  in  a  paper  read  at  a  meeting  of  the 
National  Prison  Association  held  at  Atlanta,  Ga.,  said  :  "  With  the  past  life  and 
record  of  a  prisoner  a  reformatory  has  no  punitive  business.  For  his  offence  he 
has  been  adjudged.  His  trial,  conviction  and  sentence  were  the  adjudication 
and  the  punishment  of  his  violation  of  law,  and  by  these  the  demand  of  justice 
was  satisfied.  .  .  The  punishments  of  a  reformatory  should  be  restricted  to  infrac- 
tions of  its  own  laws.  .  .  To  doom  the  offender  was  the  duty  of  the  magistrate, 
to  rehabilitate  him  is  the  commission  of  the  reformatory." 

The  reformatory  at  Elmira,  N.Y.,  of  which  Mr.  Z.  R.  Brock  way  took 
charge  in  lb76,  and  which,  to  a  great  extent,  is  of  his  creation,  is  the  best  known 
and  in  many  respects  the  most  remarkable  of  American  institutions  of  this  class. 
When  the  commissioners  visited  this  institution  they  saw  everywhere  evidence 
of  discipline,  good  government,  energy,  vigour,  life  and  progress.  In  the  grounds, 
the  workshops,  the  ofhces,  the  dining  rooms,  the  cells,  the  school  rooms,  chape[ 
and  gymnasium,  the  keenest  criticism  could  discover  nothing  to  find  fault  with" 
But  what  they  especially  admired  was  the  quiet,  manly  demeanour  of  the  men  of 
the  first  and  second  class,  and  the  air  of  self-respect,  without  the  slightest  show 
of  self-assertion,  with  which  they  underwent  the  inspection  of  the  visitors. 
They  looked  like  a  body  of  particularly  intelligent,  respectable  workmen  in  an 
ordinary  factory,  and  one  of  the  commissioners  expressed  the  opinion,  m  which 
the  others  concurred,  "that  if  tbe  do^n-s  were  thrown  open  then,  two-thirds  of 
these  young  men  would  never  again  do  anything  to  deserve  imprisonment." 

The  substance  of  the  statement  made  by  Mr.  Brockway  is  that,  this  differs 
from  the  other  prisons  of  the  State  in  the  selection  of  a  special  class  of 
prisoners  to  be  treated,  viz.:  Males  to  the  exclusion  of  females  ;  felons  to  the 
exclusion  of  misdemeanants  and  men  supposed  to  be  first  oftenders  in  felony, 
although  they  might  have  been  in  a  house  of  refuge,  or  guilty  of  a  misdemeanour. 
They  must  be  between  sixteen  and  thirty  years  of  age.  Then  as  to  the  men 
sent  to  the  Reformatory  the  judge  does  not  determine  or  name  the  periods 
of  their  detention.  The  law  fixes  the  maximum  and  the  minimum  penalty  that 
may  be  imposed  for  each  offence.  In  other  cases  the  judges  determine  what 
the  penalty  within  these  limits  shall  be,  but  not  when  a  prisoner  is  sent  to 
this  reformatory.  "Another  difference  is  in  the  system  of  treatment  which 
has  been  termed  the  disciplinary  system  and  which  is  based  upon  the  system 
of  indeterminatesentences.  There  isamarkingsystem under  which  themost  minute 
record  is  kept  of  a  man's  performances  and  progress  and  demeanour  and  in- 
dustry, instructive  or  productive,  as  the  case  may  be,  and  of  his  mental  growth 
indicated  by  his  work  at  the  schools.  .  .  .  The  next  distinguishing  feature  is  in 
the  efibrts  made  for  the  education  of  the  men  here — in  the  schools.  Ever}-  inmate 
upon  admission  is  assigned  to  his  appropriate  place  in  the  grade's  s?hooI  and  is 
assigned  school  tasks  under  competent  teachers  who  instruct  him  under  the  oral 
system.  The  prisoner  is  subjected  to  monthly  written  examinations  and  a  failure 
to  obtain  the  minimum  percentage  required,  mvolves  loss  of  time, as  does  failure 
in  demeanor,  or  in  the  trade's  school  examination  ;  or  properly,  in  the  industrial 
results.  Latterly,  a  difference  had  come  to  exist,  because  of  the  military  govern- 
ment of  the  whole  place  and  the  organizing  of  the  inmates  into  a  regiment  with 
a  complete  complement  of  officers.  Out  of  this  had  come  a  new  disciplinary 
government  in  which  inmates  of  the  advanced  grades  placed  under  parole  ai« 
appointed  monitors  and  overseers  in  place  of  citizens  previously  employed. 
Another  distinguishing  feature  is  the  instruction  given   in  trades.  '  Every   man 


165 


on  his  admission  is  assigned  to  some  mechanical  instruction,  as  well  as  to  a  place: 
in  the  school.  A  careful  enquiry  is  made  into  the  natural  adaptation  of  each  man 
for  some  particular  place  in  the  world  s  work,  as  to  his  possible  introduction  into 
an  industry  upon  his  release,  as  to  the  employment  of  near  relatives  and  as  to 
the  general  class  of  industry  carried  on  in  the  community  to  which  he  would 
probably  go.  Here  the  prisoner  proceeds  upon  a  formulated  outline,  each  trade 
having  several  subdivisions  and  a  number  of  lessons  assigned  to  each.  Failure 
to  pass  monthly  examinations  in  these  results  in  loss  of  time.  The  newest 
feature  that  distinguishes  this  reformatory  is  the  attention  given  to  the  physical 
training  of  defectives  with  a  view  to  bringing  about  a  better  mental  state  and 
capacity  in  the  expectation  of  course  that  broad  scientific  treatment  based  upon 
better  physical  condition  is  the  vehicle  for  instinctive  moral  impulse.  For  this 
a  building  and  apparatushavebeenprovidedonground  measuring 80feetxl40teet, 
with  Turkish  bath,  plunge  bath,  and  a  complete  apparatus  for  a  gymnasium. 
This  is  no  mere  amusement  for  the  inmates,  but  is  a  complete  system  of  scientific 
renovation  for  those  who  may  need  it.  It  ought  to  be  stated  lor  the  sake  of 
emphasizing  the  difference  between  this  and  other  institutions,  that  this  reformat 
tory  deals  with  a  selected  class  of  inmates  on  the  so-called  indeterminate  sen- 
tence system  from  an  educational  and  disciplinary  point  of  view,  and  it  is 
distinguished  from  the  average  prison  in  the  most  important  particular,  that 
under  the  law  of  discipline  the  matter  of  retribution  is  left  out  and  the  whole 
treatment  of  the  prisoner  is  remedial.  We  have  at  the  present  time  considerably 
over  a  thousand  inmates." 

The  statute  simply  provides  that  the  reformatory  shall  be  conducted  on  a 
non-partisan  basis,  and  then  in  the  most  broad  and  general  terms,  the  board  of 
managers  are  authorized  to  establish  a  mark  system,  and  to  use  an}'  measures 
they  deem  to  be  requisite  for  carrying  on  the  work  of  the  institution.  The  mem- 
bers of  the  board  are  appointed  for  five  years  by  the  Governor  ot  the  State,  and 
they  appoint  the  superintendent.  The  board,  on  the  information  supplied  by  the 
oflScers,  determine  when  a  prisoner  has  become  reformed.  The  board  hold  a 
meeting  and  a  parole  court  once  a  month.  They  do  .not  interfere  much  in  the 
management.  They  receive  no  pay.  The  judges  were  at  first  unwilling  to  send 
prisoners  to  the  reformatory.     Now  they  send  too  many. 

Of  the  educational  system  at  Elmira,  Mr.  Brock  way  said,  "The  principle 
that  underlies  it,  is,  that  every  inmate  should  be  assigned  an  intellectual  task 
intended  to  engage  his  intellectual  powers  and  to  carry  forwai'd  his  intellectual 
develo|)ment  to  the  utmost.  The  primary  work  is  of  the  usual  rudimentary  des- 
cription, suitable  to  awakening  the  intelligence  of  the  inmates  of  the  lowest 
standai'd.  Some  exception  might  be  taken  to  our  literary  class,  or  political 
economy  and  science  classes.  The  intention  of  these  is  to  engage  the  more  edu- 
cated men  and  to  occupy  their  time.  In  a  reformatory  process  the  first  thing 
to  do  to  a  young  criminal  is  to  eradicate  his  criruinal  activity. 

To  do  that,  you  have  to  resort  to  a  highly  organized  system,  but  this  is  not  enough.  You 
have  made  it  impossible  or  impolitic  for  him  to  exercise  his  Ji)ie.sse  in  any  habi  s  that  tend  to 
develop  cviininality,  but  you  must  get  activity  of  another  kind  in  its  place.  To  do  this  you 
must  e  gage  his  whole  time.  If  you  occupy  a  criminal  half  the  day  and  then  leave  him  idle  the 
other  half  day,  all  the  good  you  accomplish  may  be  practically  undone.  Therefore  he  should  be 
awakened  to  the  bugle  note.  We  don't  allow  our  men  to  get  up  until  the  bugle  is  sounded, 
whether  they  are  asleep  or  not.  From  this  time  their  activity  should  be  employed  in  a  series  of 
educational  and  industi  ial  departments.  Now,  proceeding  from  the  upper  division  of  our  school, 
we  ^ tart  at  perhaps  a  percentage  in  arithmetic  and  carry  our  pupils  all  throu'^h  arithmetic  to 
mathematics  ;  then  we  give  them  American  histnry,  especially  the  growth  and  influence  of  civil 
institutions,  and  we  give  them  education  iu  business,  law  and  science.  We  take  up  English 
literature,  including  a  historical  survey  of  the  influences  that  have  m  idiiied  English  and  Amer- 


166 


^can  thoui^ht.  Biography,  all  the  great  authors,  and  a  critical  reading  stndy  of  the  representa- 
tive master-pieces  for  the  acquisitio  i  of  thought  and  the  elevation  of  literary  taste.  Political 
economy,  tracing  the  growth  and  characteristics  of  industrial  society,  and  study  ot  the  principles 
applicable  to  economic  life  in  the  present  condition  of  society  touching  production,  distribution, 
exchange  and  consumption.  Higher  arithmetic,  algebraic  processes,  and  geometric  principles, 
such  as  are  necessa-y  for  the  prosecution  of  advanced  work  ia  the  practicil  courses  of  science. 
We  have  stenograpliy,  type-writing,  telegraphy,  ancient  and  mediaeval  history,  confined  prnici- 
pally  to  the  great  peoples  of  antiquity,  and  to  those  civil  institutions  of  later  tn-nes  which  have 
exercised  an  influence  on  ihe  progress  of  humanity.  Practical  ethics  :  This  branch  taking  for  its 
subject  that  which  every  other  study  in  the  course  is  intended  to  indicate,  and  for  which  all  our 
reformatory  agencies  prepare  the  pupil,  "right  living."  This  is  the  purpose  v.  e  have  in  view 
and  it  is  kept  constantly  before  their  minds.  By  these  compulsory  studies,  when  they  are 
members  of  the  community  again,  they  will  understand  more  or  less  our  organized  society,  and 
the  studies  themselves  enlarge  a  man's  conception  of  himself. 

Mr.  Jury.— Q.  Who  is  the  teacher  in  political  economy  ?  A.  Judge  Dexter  is  lecturer  in 
political  economy. 

Q.   Does  he  take  his  own  political  economy  i     A.   He  takes  the  standard  works. 

Q.  How  often  does  he  come  here  ?  A.  Once  a  week.  We  have  also,  I  may  say,  a  course 
in  physical  geographv— a  course  of  forty  or  fifty  lectures.  During  the  summer  time,  that  is 
now,  they  are  occupied  on  mediaeval  history,  and  they  have  had  American  history  in  tlie  lower 
classes.  S;.  this  is  how  the  mind  is  reached— by  a  new  and  higher  conception  of  things,  but  I 
think  that  perhaps  the  most  useful  of  our  classes  is  the  Sunday  morning  ethical  class. 

Q.  What  do  you  teach— utilitarian  morals  ?  A .  We  have  diflferent  questions  ;  one  of  the 
last  was  right  and  wrong  competition. 

Q.  In  reference  to  the  manual  training  in  the  schools,  how  would  yoa  determine  a  man's 
capacity  ?  A.  It  would  be  comparatively  easy  to  determine  that — either  by  studying  a  man's 
capabilities  or  the  social  characteristics  of  tjie  community  in  which  he  lives. 

Q  How  wide  would  you  extend  the  range  of  the  subjects  '(  A.  I  would  extend  it  all  the 
range  of  a  man's  faculties. 

Q.   How  many  have  you  in  the  higher  classes  I     A.   In  the  upper  division  500. 

(The  Commission  were  shewn  over  the  reformatory  by  Mr.  Brockway  and  its  principal 
features-  educational,  disciplinary  and  industrial — were  explained  and  illustrated.  Mr.  Brock- 
way  described  how,  fi'St  when  the  prisoner  enters  the  establishment,  a  complete  diagnosis  is 
made  of  his  physical,  mental  and  moral  condition  ;  how  his  antecedents  are  enquired  into,  the 
habits  and  occupations  of  his  parents  and  grandparents  if  possible — whether  they  were  tempe- 
rate or  intemperate  and  li  ing  honestly  or  dishonestly,  cleanly  or  otherwise,  the  home  life  of  the 
man  himself,  his  age  when  he  was  cast  adrift  upon  the  world,  his  habits  and  associations  up  to 
the  time  when  he  committed  the  crime  of  which  he  is  convicted  ;  his  physical  condition,  his 
inheritances,  his  physical  texture  are  all  examined  ;  the  state  of  his  education,  his  sensibility  to 
shame,  his  susceptibility  to  praise  or  blame — all  these  are  entered  in  detail  upon  the  page  of  a 
big  ledger  which  was  opened  for  the  inspection  of  the  Commission.  At  the  bottom  of  this 
extensive  entry  there  was  another  by  the  Superintendent  himself,  giving  the  heads  of  the  pro- 
posed system  of  treatment.  Then  Mr.  Brockway  explained  how  the  man  is,  after  this,  put  into 
the  intermediate  grade  and  shewn  that  it  depends  upon  himself  whether  he  goes  up  or  down. 
He  is  placed  in  the  class  most  fitted  to  his  capacity  and  acquirements,  is  tested  at  every  stage 
by  the  mark  system  in  operation  here.  He  is  furnished  with  a  complete  copy  of  the  i  ules,  and 
his  subsequent  conduct  is  entered  in  a  separate  account  which  is  kept  in  another  big  ledger. 
The  distinguishing  marks  of  the  diS'erent  grades  were  pointed  out :  The  first  grade  men  were 
seen  wearing  their  lii^ht  blue  uniform  and  smart  military  cap.  They  occupy  better  cells  than 
the  otheis,  dine  t<jgether  in  a  large  mess  room  at  small  tables  and  are  permitted  to  ta'k  freely 
and  spend  the  noon  hour  in  a  social  way.  They  march  in  columns  of  four  and  are  officered  by 
captains  and  sergeants  chosen  by  the  Superintendent  from  their  own  number.  Monitors  in  the 
corridors,  clerks  and  officers  for  the  next  grade  are  chosen  from  amongst  their  number.  The 
second  grade  wear  a  dark  uniform  and  Scotch  caps,  march  in  colamns  of  two  and  take  their  meals 
in  cells,  and  have  in  general  less  privileges  than  the  firs:  grade  ;  and  those  in  the  third  grade 
wear  suits  of  red  clothes,  eat  in  their  cells  and  are  commanded  by  officers  of  the  institution. 
They  are  subjected  to  the  restraints  and  rigor  of  prison  life.  Dr.  Wey,  the  surgeon  of  the 
institution,  explained  the  system  of  scientific  physical  training  adopted  in  the  gymnasium  as 
the  Commission  were  shewn  over  that  building.  A  considerable  number  of  the  defectives  and 
dullards,  the  protoplasm,  Mr.  Brockway  remarked,  from  which  the  regiment  is  evolved  were 
put  through  their  exercise  in  the  presence  of  the  Commission.  The  physical  man  who  is  defec- 
tive  has  to  undergo  a  process  of  renovation  by  baths  and  massage  and  proper  diet  and  is  put 


107 


through  a  course  of  muscular  training  by  means  of  complete  scientific  apparatus  under  a  fully- 
qualified  instructor.  The  regiment,  over  1,000  strong,  was  mustered  in  the  square,  paraded  in 
full  dress  and  badges  with  accoutrements  and  attended  by  the  band  and  drum  corps.  Mr. 
Brockway  explained  the  system  of  drill,  and  explained  how  gradually  the  government  of  the 
place  had  become  a  military  government,  the  military  organization  having  been  made  neces- 
sary by  the  stoppage  of  the  branches  of  labour  mentioned  in  his  evidence,  in  obedience  to  the 
law  of  188S ;  but  he  says  that  the  military  regime  has  been  found  serviceable  in  every  way.  The 
health,  bearing,  mental  tone  have  been  improved,  and  the  disciplinary  defects  have  been 
diminished  and  have  almost  entirely  disappeared.  In  his  opinion  apparently  the  military  gov- 
ernment of  the  reformatory  is  indispensable  to  satisfactory  management.  The  Superintendent 
also  stated  amongst  other  things  that  the  military  drill  was  conducted  under  an  efficient  instruc- 
tor from  the  United  States  Military  College.  Courts  martial  and  a  weekly  officers'  class  for  the 
study  of  tactics  are  held  under  the  direction  of  General  Bryan. 

A  report  of  a  committee  of  the  N.  Y.  Legislative  Assembly  made  in  18^2, 
says,  "  The  courts  are  expressly  prohibited  from  fixing  or  limiting  the  duration 
of  such  imprisonment  (in  the  Elmira  reformatory).  The  power  of  limiting  and 
terminating  such  imprisonment  is  vested  solely  in  the  managers  of  the  reform- 
atory subject  only  to  the  restriction  that  such  imprisonment  shall  not  exceed  the 
maximum  term  provided  by  law  for  the  crime  for  which  the  prisoner  was  convicted 
and  sentenced  .  . .  Under  the  marking  system  adopted  prisoners  are  credited  three 
each  month  for  good  conduct,  three  for  approved  proficiency  in  school  and  three 
for  satisfactory  perfonnance  in  labour.  They  are  likewise  debited  with  deficien- 
cies in  conduct,  school  and  labour.  Any  prisoner  gaining  twelve  successive 
nines,  i.e.,  three  for  conduct,  three  for  school  and  three  for  labour  for  twelve 
successive  months  may,  in  the  discretion  of  the  managers,  be  released  upon  parole 
and  engage  in  employment  away  from  the  reformatory,  and  at  the  end  of  one 
year  and  a-half  from  the  time  of  his  commitment  may,  if  his  conduct  is  in  all 
respects  satisfactory,  be  discharged  absolutely.  The  prisoners  are  classified  into 
three  grades,  and  all  prisoners  at  their  entrance  are  placed  in  the  second  or 
intermediate  grade.  If  they  then  fall  below  the  standard  requirements  for 
-conduct,  school  and  labour,  they  are  reduced  to  the  third  grade  ;  if  they  attain 
to  that  standard  and  gain  six  successive  nines  they  are  promoted  to  the  first 
grade.  They  are  liable  at  any  time  to  be  reduced  or  promoted  within  the  limits 
of  the  three  grades  according  to  their  merits  or  demerits.  It  is  easy  to  see  that 
this  S3'stem  might  be  so  administered  as  to  become  in  the  highest  degree  oppres- 
sive and  exasperating  to  the  prisoners.  Under  severe  and  exacting  officers  who 
should  require  all  prisoners  to  conform  in  all  respects  to  the  same  inflexible 
standards  regardless  of  the  constitutional  differences  or  acquired  capacities  of 
the  prisoners  the  system  would  become  a  terrible  machinery  of  oppression  and 
injustice,  fruitful  in  the  more  refined  but  none  the  less  inhuman  forms  of  cruelty. 
Nor  would  it  require  any  infusion  of  malice,  prejudice,  mercenary  interest  or 
other  evil  purpose  into  the  management  to  produce  this  evil  result  The  simple 
ignorance,  inadvertence  or  incapacity  of  the  officers  charged  with  the  adminis- 
tration of  this  system  would  with  equal  certainty  lead  to  this  .species  of  cruelty, 
and  the  eflfect  would  be  to  excite  a  spirit  of  discontent,  a  rankling  sense  of 
injustice  and  a  spirit  of  insubordination  or  sullen  resistance  to  authority. 
Under  such  a  system  so  administered  it  would  be  vain  to  look  for  the  reformation 
of  ofi"enders" 

The  Act  of  the  N.  Y.  Legislature,  passed  in  1877,  provides  that  the  board 
of  managers  shall  have  power  to  transfer  temporarily,  with  the  written  consent 
of  the  superintendent  of  prisons,  to  either  of  the  state  prisons,  or  in  case  any 
prisoner  shall  become  insane,  to  the  convict  asylum  at  Auburn,  any  prisoner  who 
subsequent  to  his  committal  shall  be  shown  to  have  been  at  the  time  of  his 
conviction  more  than  thirty  years  of  age,  or  to  have  been  previously  convicted 
of  Clime,  and  may  also  so  transfer  any   apparently  incorrigible  prisoner  whose 


168 


presence  in  the  reformatory  appears  to  be  seriously  detrimental  to  the  well-being 
of  the  institution  ;  and  such  managers  may  by  written  requisition  require  the 
return  to  the  reformatory  of  any  person  who  may  have  been  so  transferred." 
This  was  re-enacted  in  1887.  According  to  the  report  of  1889  the  number  sent 
to  the  state  prisons  in  that  way  during  the  thirteen  years  of  the  existence  of  the 
reformatory  was  200. 

The  means  of  reformation  employed  in  this  institution  are  chiefly  physical 
and  intellectual.  Religious  influences  are  little  relied  on  and  are  almost  lost 
sight  of.  For  some  years  a  Protestant  chaplain  was  employed,  but  there  is  no 
longer  a  regular  Protestant  chaplain,  and  the  only  religious  exercises  in  which 
the  Protestant  prisoners  join — the  only  time  they  receive  religious  instruction  of 
any  kind — are  on  the  Sunday  afternoons  when  all  are  required  to  attend  a  religious 
meeting,  and  the  minister  especially  invited  for  the  day  holds  a  seivice  and 
preaches  a  sermon  supposed  to  be  unsectarian.  On  Sunday  forenoons  a  class 
in  ethics  not  essentially  Christian  is  held.  A  Catholic  priest  attends  on  the  third 
Saturday  of  every  month,  to  hear  confessions,  and  on  the  third  Sunday  celebrates 
mass  and  preaches  ;  and  on  the  second  and  fourth  Thursday  evenings  gives  an 
hour's  instruction  in  Christian  doctrine.  As  in  several  other  U.  S.  institutions  he 
receives  no  remuneration  for  these  services. 

It  is  difiicult  in  this  as  in  other  cases  to  ascertain  how  many  are  reformed- 
Of  the  288  pai-oled  in  1889  the  superintendent  calculates  that  233  or  80.9  per 
cent,  were  reformed,  but  this  is  merely  an  estimate.  Mr.  Round,  secretary  of  a 
New  York  prisoner's  aid  association  reports,  "  We  received  (of  the  men  paroled 
from  Elmira)  76  in  1880,  nine  are  not  reformed.  In  1881  we  received  99,  ten 
were  not  good ;  in  1883,  109,  13  gone  wrong;  in  1884,  121,  13  gone  wrong;  in 
1885,  10  gone  wrong;  in  1886,  10  gone  wrong;  in  1887,  we  received  86  and 
but  three  of  them  have  gone  wrong." 

The  standard  of  reformation  is  not  very  high.  In  his  address  at  the  congress 
of  tbe  Nixtional  Prison  Association,  held  in  Toronto,  Mr.  Brockway  .said : — 

"  I  would  like  to  say,  for  fear  that  the  discussion  may  take  a  range  that  it 
will  not  if  I  make  the  statement  that  there  is  a  mistaken  notion  about  the 
significance  of  the  term  reformation  in  the  view  of  a  State  government.  It  is 
not  to  make  an  angel.  Our  criminals  are  defined  to  be  men  non-adjusted  or 
mal-adjusted — out  of  relation.  Either  they  never  were  in  a  proper  relation 
or  they  have  been  in  a  proper  relation  and  gotten  out  of  the  established  order  of 
the  community  in  which  they  resided.  The  work  of  reformation  is  to  adjust  or 
readjust,  as  the  case  may  be,  and  when  that  is  done  efi['ectually,  reformation 
in  the  State  sense  may  be  said  to  have  been  accom|)lished.  That  is  the  sense  in 
which  we  always  use  the  term."  And  Mr.  Eugene  Smith,  Secretary  of  the  N.  Y. 
Prison  Association,  says,  "Reformation  in  the  penological  sense  does  not  imply  any 
religious  transformation  in  the  convict;  it  does  not  indicate  that  he  must  be 
born  again  either  morally  or  intellectually,  or  even  be  lifted  above  the  capa- 
bilities originally  implanted  in  him.  A  convict  is  reformed  when  he  has  under- 
gone such  a  change  that  being  entrusted  with  freedom  he  will  not  again  commit 
crime.  This  is  the  sole  and  entire  meaning  of  reformation  as  an  end  sou^ht  by  the 
State  in  its  treatment  of  convicts.  .  .  .  When  a  convict  has  become  simply 
and  permanently  a  law-abiding  subject,  the  State  has  accomplished  its  whole 
aim  and  duty  and  is  done  with  him.  Its  jurisdiction  reaches  no  further.  .  ,  . 
In  our  daily  walk  in  life  we  meet  men  who  are  at  heart  not  less  dishonest  and 
vicious,  not  le.ss  cruel  or  brutal  than  the  most  hopeless  convicts  at  Sing  Sing  ; 
but  these  men  avoid  violating  the  penal  code  ;  they  do  not  belong  to  the  criminal 
class.     The  real  difference  between  the  criminal  and  the  non-criminal  is  one  not 


179 


of  dearee  but  of  kind  and  qualit3\  The  criminal  has  got  out  of  relation  to  the 
established  order  of  the  community  in  which  he  lives  ;  he  lacks  prudential 
balance,  lacks  power  of  self-control ;  his  will  is  unstable  and  his  whole  nature 
clouded  by  morbid  notions  of  life." 

The  Massachusetts  State  reformatory  for  men  is  managed  on  somewhat 
different  principles.  All  prisoners  sent  to  it  are  under  indeterminate  sentence. 
Any  man  guilty  of  an  offence  bringing  him  within  the  provisions  of  the  statute 
may  be  sent  to  this  reformatory  by  any  court  or  magistrate  of  the  state,  and 
persuns  sentenced  to  other  prisons  may  be  removed  to  this  by  order  of  the  com- 
missioners of  prisons.  Two  classes  of  offenders  are  admitted  to  this  institution — 
misdemeanants,  that  is  those  convicted  of  drunkenness,  idleness,  vagrancy  or 
stubbornness,  who  may  be  held  for  two  years ;  and  felons,  including  those  con- 
victed of  larceny,  embezzlement  and  other  serious  crimes,  who  may  be  held  for  live 
years.  Those  over  15  years  of  age  and  under  40  who  have  not  been  convicted 
more  than  three  times  may  be  committed  to  it.  Every  prisoner  enters  the  second 
grade  as  at  Elmira.  He  may  earn  five  credit  marks  each  day,  and  if  he  earns  850 
marks  in  six  consecutive  months  he  is  promoted  to  the  first  grade.  For  imperfection 
in  conduct,  lack  of  industry  in  labour,  or  want  of  diligence  in  study  he  loses  as 
many  marks  as  the  superintendent  thinks  fit.  If  a  prisoner  in  the  first  class  fails 
to  obtain  125  credit  marks  in  a  month  he  is  degraded  to  the  second ;  if  a  prisoner 
in  the  second  class  fails  for  two  consecutive  months  to  obtain  125  marks  per 
month  he  is  degraded  to  the  third  class ;  if  a  third  cla<5S  prisoner  fails  to  obtain 
100  credit  marks  each  month  for  three  successive  months  he  receives  such  pun- 
ishment as  the  superintendent  with  the  approval  of  the  commissioners  may 
prescribe.  Five  marks  every  day  or  150  marks  in  one  month  may  advance  a 
prisoner  from  the  third  to  the  second  grade.  When  a  prisoner  has  been  for  five 
consecutive  months  in  the  first  grade  with  a  perfect  record,  and  has  the  required 
percentages  in  the  school,  his  name  may  be  presented  to  the  Board  for  their  con- 
sideration, together  with  any  facts  in  possession  of  the  superintendent  which  will 
tend  to  show  the  character  of  the  prisoner  and  any  opinions  which  he  may  have 
as  to  the  prisoner's  fitness  for  release.  The  Board  take  into  consideration  the 
reformatory  record  and  the  facts  and  opinions  presented  b}^  the  superintendent  and 
the  history  of  the  prisoner  before  his  commitment  to  the  reformatory,  and  if  they 
think  the  case  one  in  which  release  may  be  granted,  they  will  see  the  prisoner, 
ascertain  his  plans  for  the  future  and  his  prospects  for  work,  and  from  all  form  their 
judgment  as  to  the  advisability  of  releasing  him.  In  most  cases  the  prisoners 
are  released  at  the  end  of  their  term.  The  commissioners  visit  the  reformatory 
and  hold  court  once  a  month,  No  person  outside  is  consulted  as  to  the  expediency 
of  releasing  a  prisoner.  Only  those  in  the  first  grade  are  released  before  the 
expiration  of  the  maximum  term.  The  standard  to  be  reached  before  presentation 
for  permit  is  not  necessarily  high  or  difficult  to  attain,  nor  are  the  conditions  of 
release  severe.  They  are  easy  of  performance  and  such  as  promote  the  welfare 
of  the  individual.  If  a  prisoner  violates  the  terms  of  his  parole  he  may  be 
arrested  and  taken  back  to  the  reformatory  on  warrant  of  the  commissioners. 
The  men  in  the^fiist  grade  wear  a  blue  uniform ;  those  in  the  second,  black ; 
those  in  the  third,  red.  The  first  grade  men  ar^  allowed  to  write  letters  every 
week  ;  the  second  grade  men,  every  second  week ;  and  the  third  grade,  not 
at  all.  Those  in  the  first  grade  may  be  visited  by  their  friends  once  a  month; 
those  of  the  second  grade,  once  in  two  months,  and  those  of  the  third  not  at  all. 
Those  in  the  first  and  second  grades  may  receive  fruit  on  Saturdays  ;  and  on  Sun- 
day afternoons  the  first  grade  hold  meetings,  at  which  any  entertaining  subject 
may  be  discussed  and  they  get  some  nice  singing.  The  superintendent  was 
unable  to  say  what  proportion  of  those  discharged  lead   good  lives  afterwards, 


170 


but  about  12J  per  cent,  return  to  the  reformatory.  He  thinks  the  tendency  of 
the  system  is  in  the  direction  of  moral  reformation.  They  try  to  put  all  the 
good  they  can  into  these  people,  and  to  make  them  good  men  by  good  treatment, 
good  food,  and  good  physical  training.  Mr.  Tufts  thinks  that  he  and  his  assistants 
gradually  probe  a  man's  character  to  the  bottom  and  know  pretty  nearly  what  he  is. 
The  prolonged  imprisonment  usually  has  a  good  effect  on  those  committed  for 
drunkenness.  A  man  may  be  committed  for  drunkenness  on  a  third  conviction, 
or  if  any  one  will  swear  that  he  has  seen  the  man  drunk  three  or  four  times 
within  a  year. 

Several  industries  are  carried  on.  Boots  and  shoes,  chairs  and  clothes  are 
made  on  the  piece  price  system.  Instruction  is  given  in  printing,  engraving, 
bricklaying,  plastering,  carpentering  and  other  work.  The  cells  are  fitted  with 
chairs,  tables  and  a  curtain  at  the  door.  The  men  are  called  at  6.30  a.m.,  break- 
fast at  7,  begin  work  at  7.30,  take  dinner  at  11. 4o  to  12.30,  stop  work  at  i>  p.m., 
take  supper  at  5.30,  and  are  allowed  to  read,  and  in  winter  to  keep  gas  burning 
until  9  o'clock.  Books  are  given  out  of  the  library  twice  a  week.  The  education 
of  C50  men,  many  of  them  from  the  illiterate  classes,  is  a  serious  matter.  "  Regular 
branches  of  study  "  are  taken  up  and  many  of  the  prisoners  are  quite  advanced. 
The  schools  are  held  in  the  evenings  and  are  conducted  by  a  superintendent  and 
nine  teachers.  Half  of  the  teachers  are  ex-prisoners  employed  by  the  institution 
after  their  term  had  expired.  Music  is  taught  and  each  school  room  is  furnished 
with  organ  or  piano. 

In  this  institution  religious  influences  are  much  valued.  A  chaplain,  called 
a  moral  instructor,  is  constantly  engaged.  A  Catholic  priest  attends  on  what 
may  be  called  the  usual  terms.  Religious  services,  Protestant  and  C'atholic,  are 
held  on  Sundays ;  the  Catholic  service  at  8.30  in  the  morning.  There  are 
religious  classes,  Protestant  and  Catholic,  the  older  prisoneis  Jn.structing  the 
younger  ones,  and  a  bible  class  conducted  by  a  young  lawyer  from  the  town,  and 
then  the  general  service  conducted  by  the  chaplain,  attendance  on  which  is 
compulsory.  The  Catholic  priest  knows  his  own  men  and  goes  amongst  them 
when  he  is  so  inclined.     There  never  is  any  difficulty  in  that  matter. 

A  peculiar  feature  of  this  institution  is  the  societies  which  the  men  are 
allowed  to  organize,  choosing  their  own  officers  and  conducting  their  proceedings 
without  the  presence  of  the  officers  of  the  institution.  Frequently  as  many  as 
300  men  meet  without  an  ofiicer  except  those  chosen  by  themselves.  They  liold 
interesting  discussions  and  preserve  excellent  order.  One  is  a  Young  Men's 
Christian  Association,  which  was  begun  as  an  experiment,  and  which  now  carries 
on  work  of  a  religious  character.  Then  the  Catholics  formed  a  religious  society 
of  their  own.  They  had  a  literary  and  scientific  society,  a  Chatauqua,  a  temper- 
ance and  other  societies,  all  meeting  on  diffei-ent  evenings  of  the  week  and  all 
doing  manifest  good. 

The  conditions  under  which  Mr.  Tufts  works  are  much  less  favourable  to 
the  production  of  striking  results  than  those  under  which  the  El iRira  reformatory 
is  conducted.  The  limitations  of  age  are  not  the  same.  At  Elmira  all  are  con- 
victed for  the  fiist  time  ;  at  Concord  several  have  been  more  than  two  or  three 
times  convicted.  At  Elmira  the  maximum  term  is  in  all  cases  long,  and  the 
average  length  of  imprisonment  was  20  months  in  1889.  At  Concord  many  of 
the  inmates  are  misdemeanants  whose  maximum  term  is  but  two  years,  and  the 
average  term  is  comparatively  short ;  and  a  large  proportion  of  the  inmates  of 
the  Concord  institution  are  habitual  drunkards.  It  is  to  be  expected  therefV)re  that 
there  should  not  be  the  same  appearance  of  strict  discipline  at  Concord,  and  that 


171 


the  recidivists  there  should  be  numerous.  Some  think  it  a  fault  in  Mr.  Tufts' 
•adminis^tration  that  he  treats  those  committed  to  his  care  with  a  kindness  that 
is  almost  indulgence. 

Other  States  have  followed  the  example  of  New  York  and  Massachusetts 
in  providing  reformatories  for  men.  Ohio,  although  the  parole  system  was  intro- 
duced in  her  State  prison  five  or  six  years  ago,  is  now  erecting  at  Mansfield,  a  large 
and  handsome  building  to  be  managed  nearly  on  the  principle  of  the  Elmira  reform- 
atory. Every  one  who  has  given  much  attention  to  what  passes  in  Canada  must  feel 
that  such  an  institution  is  much  wanted  here.  To  compel  young  men,  who  in  a 
moment  of  weakness  have  committed  a  crime,  to  herd  for  years  or  even  lor 
months  with  depraved  and  hardened  criminals  is  to  destroy  every  vestige  of  their 
self-respect,  and,  in  mo^t  cases,  to  doom  them  to  a  life  of  crime  and  infamy.  During 
the  past  five  or  ten  years  how  many  have  there  not  been  in  the  penitentiary  and  in 
the  Central  Prison  who  might  have  been  saved  did  a  proi)erly  managed  reformatory 
for  men  exist  in  this  country.  A  knowledge  of  the  awful  consequences  that  are 
almost  sure  to  follow  imprisonment  in  the  penitentiary  or  the  Central  Prison  often 
embarrasses  the  judge  or  the  magistrate  before  whom  a  young  man  is  tried  for  what 
perha])s  is  really  his  first  offence,  for  what  in  all  probability  would  be  his  hist  oflTence 
if  a  chance  of  reformation  were  given  him;  often  influences  the  verdict  of  juries  and 
thus  affects  injuriously  the  whole  administration  of  criminal  justice.  What  has 
been  found  necessaiy  in  Great  Britain  and  the  United  States  is  as  necessary  in 
Canada.  It  is  the  duty  of  the  Dominion  government  and  parliament  to  provide 
such  an  institution,  and  as  soon  as  possible.  One  would  be  sufficient  for  the 
whole  Dominion  for  many  years  to  come.  Properly  located,  properly  constructed 
and  properly  managed,  ib  need  not  add  materially  to  the  cost  of  guarding,  main- 
taining and  caring  for  criminals  guilty  of  the  more  serious  offences  which  now 
devolves  upon  the  Federal  government.  Without  the  earnest  co-operation  oi"  that 
government  comparatively  little  can  be  done  to  promote  the  cause  of  prison 
reform  in  this  country. 

The  Indeterviinaie  Sentence. 

In  the  United  States  the  system  of  indeterminate  sentence  and  parole  com- 
bined is  regarded  as  absolutely  essential  to  the  successful  management  of  a 
reformatory.  Juveniles  who  commit  offences  of  a  certain  gravity  become  wards 
of  the  State  and  remain  under  the  guardianship  and  control  of  the  State  Board 
appointed  for  the  purpose,  until  they  have  attained  their  majority  or  have  given 
satisfactory  evidence  of  their  ability  to  take  care  of  themselves.  Adults  placed 
in  a  reformatory  are  enabled  and  encouraged  to  earn  their  release  absolute  or  on 
parole,  by  good  conduct  and  attention  to  and  proficiency  in  work  and  study.  The 
hope  of  regaining  liberty  is  in  all  cases  found  to  be  the  best  and  surest  incentive 
to  such  reformation  as  the  State  seeks  to  accomplish.  It  is  said  that  the  chief  effect 
of  the  system  is  to  create  hypocrites  and  that  the  most  vicious  and  depraved  men 
who  have  no  other  thought  than  that  of  leturning  to  their  old  ways  and  then  more 
skilfully  eluding  justice,  are  generally  the  best  prisoners  and  earn  their  discharge 
most  speedily.  Even  those  who  urge  this  objection  are  forced  to  admit  that  the 
hope  of  release  does  much  to  promote  discipline,  and  habits  of  cleanliness,  order, 
and  industry ;  and  the  advocates  of  the  system  maintain  that  the  officers  of  a 
reformatory,  if  fit  for  their  position,  can  almost  invariably  discover  whether  a 
prisoner  is  a  hypocrite  or  really  desires  to  lead  an  honest  life  when  restored  to 
liberty.  It  may  be  true  that  the  number  who  are  really  reformed  under  any  of 
the  systems  now  in  operation  is  much  smaller  than  the  superintendents  and  boards  of 
managers  estimate.     But  on  the  other  hand  few  are  now  found  to  maintain  that 


172 


any  considerable  number  of  offenders  can  be  thoroughly  reformed  under  any 
system  from  which  the  indeterminate  sentence  and  the  remission  of  penalty  by 
parole  or  otherwise  is  wholly  excluded. 

"Who  first  suggested  the  indeterminate  sentence  as  a  means  of  reformation 
is  a  question  that  has  given  rise  to  some  controversy.  It  is  generally  believed 
that  the  idea  originated  with  Archbi.shop  Whately  of  Dublin,  who  in  a  letter 
addressed  to  Earl  Grey  in  1832,  commenting  on  an  article  which  had  appeared  in 
a  London  review  said,  "  It  seems  to  me  reasonable  that  those  who  .so  conduct  them- 
selves that  it  becomes  necessary  to  confine  them  in  houses  of  correction  should 
not  be  turned  loose  upon  society  again  until  they  give  some  indications  that  they 
are  prepared  to  live  without  a  repetition  of  their  offences."  He  suggested  that  a 
prisoner's  earning  a  certain  amount  of  money  should  be  regarded  as  one  proof  of 
his  reformation.  In  one  of  his  lectures  on  political  economy,  the  Archbi.-hop  sug- 
gested what  he  considered  a  most  important  improvement  in  regard  to  the  treat- 
ment of  convicts.  This  was  that  instead  of  a  certain  period  of  time,  a  convict 
should  be  sentenced  to  go  through  a  certain  quantity  of  work  ;  that  a  computa- 
tion should  be  made  of  the  average  number  of  miles  for  instance,  which  a  man 
sentenced  to  the  tread-wheel  would  be  expected  to  walk  in  a  week  ;  and  that  then 
a  sentence  t>f  so  many  weeks'  labour  should  be  interpreted  to  mean  so  many  miles 
the  convict  to  be  released  when,  and  not  before,  he  had  "  dreed  his  weird."  In 
the  same  manner  he  may  be  sentenced  to  beat  so  many  hundred-weight  of  hemp 

or  dig  a  ditch  of  certain  dimensions The  great  advantage  resulting 

would  be  that  criminals  whose  habits  probably  had  previously  been  idle,  would 
thus  be  habituated  not  only  to  labour,  but  to  form  some  agreeable  association 
with  the  idea  of  labour  Every  step  a  man  took  on  the  tread-wheel,  he  would  be 
walking  out  of  prison ;  every  stroke  of  the  spade  would  be  cutting  a 
passage  for  restoration  to  society."  The  Archbishop's  ideas  which  were  still 
rather  crude,  do  not  appear  to  have  made  much  impression  then,  but  they  bore 
fruit  in  time.  Some  time  after.  Captain  Maconochie  finding  that  the  reforms 
he  had  introduced  in  the  government  of  the  convicts  of  Norfolk  Island  were  not  as 
effectual  as  he  expected,  although  they  did  work  a  vast  change  for  the  better,  pro- 
posed that  criminals  instead  of  being  sentenced  to  imprisonment  or  transportation 
for  a  period  of  time,  should  be  sentenced  to  earn  a  certain  number  of  marks.  In 
1889,  Mr.  Frederick  Hill  in  his  fourth  report  on  Scotch  prisons  said, "  As  regards  the 
question  how  are  convicts  to  be  disposed  of  after  their  release  from  prison,  sup- 
posing transportation  to  be  aboli.shed,  I  would  humbly  suggest  that  those  whom 
from  the  nature  and  circumstances  of  their  offences  as  shown  upon  their  trial, 
there  can  be  no  reasonable  hope  of  reforming,  should  be  kept  in  confinement  dur- 
ing the  remainder  of  their  lives.  The  severity  of  their  discipline  however,  being 
relaxed  in  various  ways  which  would  not  be  safe  were  it  intended  that  they 
should  return  again  to  society."  In  his  report  for  1843,  Mr.  Hill  said,  "there  are  per- 
sons who  are  wholly  unfit  for  self-government  and  who  should  be  placed  peima- 
nently  under  control."  In  1846,  a  draft  report  on  the  principles  of  punishment 
submitted  to  "the  society  for  the  amendment  of  the  law"  said,  "  the  right  to 
isolate  an  individual  from  society  is  founded  on  its  being  repugnant  to  the  welfare 
of  the  one  or  the  other  of  the  parties  or  of  both  that  they  should  be  together 
until  a  change  is  wrought  in  the  individual.  If  however,  he  is  so  constituted  as 
to  resist  this  beneficial  change,  the  reasons  for  retaining  him  in  a  state  of  separa- 
tion, instead  of  being  removed  gather  strength.  There  is  often  however  a  wide 
interval  judiciously  left  between  theory  and  practice.  It  is  by  no  means  neces.'^ary 
to  the  practical  adoption  of  the  reformatory  principle  that  it  should  be  carried 
into  extremes.  Every  sentence  might  still  be  for  a  term  of  imprisonment  mea- 
sured by  time,  if  that  term  were  always  made  of  sufficient  length  to  enable  every 


173 


prisoner  to  work  his  way  out  of  j^aol  by  conduct  and  industry  before  its  expira- 
tion.    The  consequence  of  this  arrangement  would  be  that  resistance  to  reforma- 
tion would  only  postpone  the  liberation  of  the  prisoner  for  a  time  certain  and  no  t 
for  an  indefinite  period."     In  1856,  Mr.  Stuart  VVortley,  then  Sjlicit^r-Greneral  for 
England,  in  his  evidence  before  the  transportation  committee,  said  that  in  all  cases 
he  thought  hope  of  liberation  should  be  held  oat  to  prisoners,  but  if  they  wotdd 
not  avail  themselves  of  the  opportunities  of  earning  their  freedom,  he  was  "  pre- 
pared to  face  the  question  of  confining  them   for  the  whole   of   their  lives  like 
lunatics."     The   best  method  of  dealing  with   convicts  was  about  that  time  a 
question  of  grave  importance  in  Great  Britain.     Mr.   Mi^tthew  D.  Hill,  Recorder 
of  Birmingham,  who  was  an  earnest  and  able  advocate  of  prison  reform,  speak- 
ing in  a  charge  to  the  grand  jury  in  October,  IbSo,  of  the   proposed  abolition  of 
the   ticket-ofdeave  system,  said    that  "  this  system  embodies  two  most  salutary 
principles  :  first,  that  the  criminal  should  have  the  opportunity  of  working  his 
way  out  of  gaol ;  and  second,  that  he  should  for  a  limited  period  be  liable  to  be 
deprived  of  his  liberty  so  regained,  if  his  course  of  life  should  be  such  as  to  give 
reasonable  ground  for  belief  that  he  had  relapsed  into  criminal  habits."     He  con- 
tended that  the  opportunity  of  earning  a  rt^mission  of  a  part  of  the  crime  penalty 
should  not  be  conHned  to  convicts  as  it  then  was,  but  should  be  extended  to  those 
not  liable  to   transportation    or  penal  servitude.     But  to  render  this   possible  he 
thought  the  hands  of  the  government  should  be  strengthened,  so  that  all  convicted 
of  crime  may  be  retained  in  custod}^  "  until  they  have  by  reliable  tests  demon- 
strated that  they  have  the  will  and  the  power  to  gain  an  honest  livelihood  when 
at  large     .     .     until   the   convict  ceases  to   be  a  criminal,  resolves  to  fulfil  his 
duties  both  to  God  and  man  and  has  surmounted  all  obstacles  to  carrying  sueh 
resolutions  into  successful  action.     .     .     You  keep  the  maniac  in  a  prison  which 
you  call  an  asylum,  under  similar  conditions  ;  you  guard  against  his  escape  until 
he  is  taken  from  3-ou,  either  because  he  is  restored. to  sanity  or  has  departed  to 
■another  world.     If  innocent  misfortune  may  and  must  be  so  treated,  why  not 
thus  deal  with  incorrigible  depravity  ?  "  Such  arguments  had  little  weight  at  the 
time,  because  it  was  difficult  to  satisfy  the  British  public  that  means  of  protecting 
it  from  the  incorrigible  criminal  could  be  found  and  that  the  system  of  indeter- 
minate   sentences  would  work  to  that  end  not  only  by  reforming  those  who  had 
some  good  left  in  them,  but  by  placing  the  wicked  where  they  could  no  longer 
work  evil.     The  system  of  enabling  convicts  to  earn  by  good  conduct  a  sort  of 
limited  freedom  for  a  part  of  the  term  for  which  they  were  sentenced  to  penal 
servitude,  having  worked  well  in  the  Australian  convict  settlements  was  intro- 
duced in  the  British  convict  pri^ions.  This  gave  the  sentences  a  somewhat  indetermi- 
character,  although  they  were  imposed  nominally  at  least  for  a  definite  period  and 
the   extent  to  which  they   could  be   reduced  by  any  efibrt  of  the  prisoner   was 
strictly  limited.     This  was  the  first  step  taken  towards  the  system  now  known 
as  that  of  an  "  indeterminate  sentence."     The  experiment  was  far  from  successful 
for  a  time  in  England.     Neither  the  conditions  on  which  a  ticket  of  leave  .should 
be  granted,  nor  those  on  which  it  should  be  held  were  enforced  and  a  number  of 
the  most  atrocious  criminals  were  let  loose  on  society.     The  number  of  that  class 
probably  was  much  smaller  than  was  generally  imagined,  but  the  dread  of  the 
ticket-of-leave  man  spread  over  the  whole  country.     Sir  George  Grey  explained 
the  cause.     Those  sentenced  to  seven  years'   transportation  could  obtain   their 
tickets  at  the  end  of  three  years  and  those  sentenced  to  ten  at  the  end  of  four 
years.     Theoreticall)^  the  convict  was  required  to  earn  the  remission  by  good 
conduct.     Practically,  the  instances  in  which  the  ticket  was  withheld  even  for  a 
short  time  were  very  few.     Sir  George  said,  "  but  the   test  of  good   conduct  in 
prison  is  necessarily  imperfect;  the  mere  fact  of  a  man's  good  conduct  when  he 


174 


is  removed  from  the  ordinary  temptations  of  life,  placed  in  an  unnatural  position 
and  required  to  conform  to  prison  rules,  to  be  industrious  in  the  occupation  as- 
signed to  him  and  to  be  respectful  to  his  superiors,  affords  no  proof  of  actual 
improvement  of  character  or  of  moral  reformation."  The  impression  that  only 
those  who  proved  that  they  were  reformed  obtained  tickets-of-leave,  he  declared 
fallacious.  He  further  said,  "habits  of  regularity,  cleanliness  and  decorum 
acquired  in  prison  may  exercise  a  salutary  influence  on  the  convict's  subsequent 
life.  But  until  he  is  again  subjected  to  temptation,  there  is  no  means  of  deter- 
mining whether  his  good  conduct  in  prison  was  not  the  result  of  the  c-mpulsion 
imposed  upon  him  or  even  of  his  desire  to  obtain  his  freedom  as  soon  as  possible,, 
with  a  view  to  enable  him  to  return  to  his  former  life  of  crime."  Mr.  Hill  com- 
menting on  this  in  his  charge  of  March,  1857,  said,  "  The  problem  is  so  to  train 
the  prisoner  as  to  endow  him  with  the  faculty  of  resisting  temptation.  To  ac- 
quire this  faculty,  the  danger  of  his  doing  wrong  must  be  encountered.  Let  the 
prisoner  be  gradually  and  discreetly  inured  to  the  trial  while  we  have  him  under 
control.  Let  us  observe  how  he  passes  through  the  series  of  tests  to  which  he 
will  be  exposed  and  which  are  to  be  carefully  graduated  to  his  increasing  power 
to  support  them.  Let  us  do  this  before  we  abandon  all  control  over  him — before 
sending  him  forth  as  we  do  now,  from  a  state  in  which  he  can  exercise  no  will  of 
his  own,  to  one  in  which  he  is  released  from  all  restraint."  This  is  what  is  sought 
under  the  systems  now  in  operation  in  the  United  States. 

The  parliamentary  committee  appointed  to  enquire  into  the  working  of  the 
ticket-of-leave  system,  recommended  that  it  should  be  extended  to  those  sen- 
tenced to  penal  servitude  and  that  new  terms  of  penal  servitude  should  be 
created  suitable  to  a  class  of  slighter  offences  in  order  to  give  to  minor  offenders 
the  benefits  of  the  ticket-of-leave.  They  were  satisfi.ed  apparently  that,  as 
one  witness  said, "  no  incitement  can  be  held  out  to  prisoners  which  will 
bear  any  comparison  for  efficiency  in  stimulating  them  to  good  deeds 
with  that  derived  from  the  expectation  of  restoring  them  to  free- 
dom, or  as  another  said,  that  "  no  adequate  substitute  for  the  hope  of  liberty  can 
be  devised.  It  is  the'love  of  liberty  which  lies  nearest  to  a  prisoner's  heart  and 
which  will  ever  be  the  cheapest  and  the  best  reward  for  exemplary  conduct." 
The  committee  in  their  report  said,  "There  is  reason  to  believe  that  the  conduct 
of  a  large  portion  of  the  whole  number  of  persons  discharged  upon  tickets-of- 
leave  has  hitherto  been  good  and  in  other  cases  persons  so  discharged  have  re- 
lapsed into  crime  from  the  difficulty  aiising  from  their  former  characters  be- 
coming known  of  procuring  or  retaining  honest  employment."  Thej'-  also  rec- 
commended  in  effect,  that  the  sentences  of  minor  offences  should  be  lengthened  in 
order  that  prisoners  convicted  of  such  offence  may  have  the  benefit  of  the  ticket- 
of-leave  and  of  the  reformatory  treatment  proposed  by  the  committee.  The  prin- 
cipal recommendations  of  the  commit' e  have  since  been  carried  out,  but  the 
English  ticket  of  leave  sytem,  even  in  its  present  form  is  scarcely  regai'ded  as  an 
indeterminate  sentence  system. 

Under  an  old  law  of  Spain  criminals  enjoyed  the  privilege  of  improving 
their  position  while  in  gaol  and  of  shortening  their  terms  of  confinement  by  the 
exercise  of  industry  and  self-control.  It  was  by  a  judicious  use  of  the  means 
thus  placed  at  his  disposal  that  Montesinos  wrought  a  wonderful  change  in  the 
prison  at  Valencia  of  which  he  was  appointed  Governor  in  1835.  The  prisjners 
numbered  some  1,500.  The  recommitments  were  from  30  to  35  per  cent  and  the 
prison  was  a  pandemonium.  Within  a  few  year's  by  strict  discipline,  by  activ^e 
employment  in  the  industries  which  he  introduced  and  in  which  he  gave  the 
prisoners  a  pei'sonal  interest  and  by  the  use  of  a  system  of  rewards  he  made  this 
one  of  the  model  prisons  of  Europe,  re-commitments  becoming  almost  unknown 


175 


Strange  to  say  the  Cortes  passed  a  law  depriving  the  governors  of  prisons 
of  the  power  given  by  the  okl  law  and  requiiing  that  the  sentence  pronounced 
by  the  courts  should  in  all  cases  be  fully  carried  out.  The  consequence  of  this  in 
the  Valencia  prison,  was  a  relapse  into  a  condition  almost  as  bad  as  that  which 
existed  when  Montesinos  took  charge  of  it.  The  work  of  Obermaier  in  the  convict 
prison  at  Munich  commenced  about  the  same  time  and  conducted  on  similar 
principles  was  also  remarkably  successful.  To  this  prison  .some  offenders  were 
sent  for  a  fixed  period  and  some  for  a  period  unfixed  or  indeterminate, 
that  is  without  limit  of  any  kind.  The  punishment  of  penal  servi- 
tude we  are  told  "  is  never  awarded  for  life  but  either  for  a  fixed  number 
of  years,  not  less  than  eight,  nor  more  than  twenty,  or  for  an  unfixed 
period.  The  criminal  sentenced  to  penal  servitude  for  a  time  not  specified,, 
may,  after  sixteen  years  imprisonment,  expect  his  liberation  on  the  conditions 
named.  These  conditions  are,  that  during  his  incarceration,  or  at  any  rate  for  ten 
years  he  has  shown  continually  extreme  industry,  that  he  has  not  incurred 
punishment  for  malice  or  insubordination  and  that  he  has  othei-wise  given  proof 
of  his  reformation.  Offenders  sentenced  to  fixed  terms  of  penal  servitude  or  to 
the  house  of  correction  can  under  the  same  conditions,  shorten  their  terms  of 
punishment  and  may  expect  that  mercy  will  be  extended  to  them  after  havino- 
been  impjisoned  three-fourths  of  their  time."  These  terms  seem  exceedino-ly 
severe,  yet  the  hope  of  shortening  their  period  of  impriscmment,  even  on  these 
terms  has  a  most  salutary  effect  on  the  prisoners.  The  discharge  of  a  prisoner  is 
absolute  in  every  case  as  there  is  nothing  in  the  prison  system  analogous  to 
the  ticket  of  leave  or  parole  system. 

Mr.  Z.  R.  Brockway  in  the  paper  he  read  at  the  Toronto  Prison  Congress 
said  of  the  indeterminate  sentence  .system  "In  this  country  attention  was  first 
directed  to  it  immediately  after  tlie  National  Prison  Congress  of  1870  at 
Cincinnati  where  in  connection  with  another  question  the  subject  of  the 
indeterminate  sentence  was  fully^  presented,  but  it  was  voted  a  scheme  of  the 
cranks  and  was  dropped  until  the  three-year  law — the  fiist  enactment  at  all  em- 
bodying the  principle  that  I  know  of  in  America  was  passed  in  Michigan — a  law 
that  fell  into  di.-usc  a  number  of  years  ago.  I  think  it  is  in  force  in  one  county 
at  present,  the  county  in  which  Detroit  is  situated.  In  1876  I  went  to  Elmira 
full  of  tiie  idea  of  the  indeterminate  sentence  for  the  reformatory.  I  prepared 
a  bill  embodying  the  full  idea  of  the  indeterminate  sentence."  His  board  ap- 
proved of  the  measure  and  they  went  to  the  Legislature  with  it  but  found  it 
neccessary  afterwards,  to  put  in  a  maximum  term  in  order  to  get  the  bill  throuo-h 
without  factious  opposition.  Ohio  has  now  a  similar  law  with  some  slight  modi- 
fications. Some  ot  the  delt-gates  said  that  Penn.sylvania  and  Minnesota  also  have 
such  a  law.  So  as  already  stated  has  Massachus-^tts.  Many  theorists  hold  that 
there  should  be  no  limit  to  the  term  of  imprisonment,  but  that  on  the  one  hand  a 
prisoni-r  should  be  released  when  he  has  earned  the  requisite  number  of  marks 
and  has  given  satisfactory  evidence  of  reformation ;  and  on  the  other  hand  no  pri- 
soner should  be  discharged  until  the  board  of  managers  see  reason  to  believe  that 
he  is  reformed.  This  is  Mi.  Brockway 's  opinion  of  what  the  indeterminate  sentence 
should  be  He  said  in  his  Toronto  piiper  :  "  Now  then  the  true  idea  of  the  inde- 
terminate sentence  includes  all  classes  of  prisoners  in  custody,  and  without  any 
maximum  or  minimum  term.  The  indeterminate  sentence,  thus  applied  iucludes 
conditional  release,  and  the  marking  system — they  are  inseparable.  You  cannot 
consider  either  alone,  but  together  they  form  a  system  well  adapted  to  reforma- 
tive ends.  The  indeterminate  sentence  forms  in  the  mind  of  the  prisoner,  and, 
which  is  more  important,  in  the  mind  of  the  people  after  a  time,  the  idea  of 
correction  for  that  of  punishment.     I  am  not  going  to  abolish   penal  treatment 


176 


I  do  not  propose  to  aba  te  or  at  all  modify  the  stringency  of  prison  regulations,  on 
the  contrary,  prison  discipline  would  be  rather  intensified.     Under  the  indeter- 
■tnkiate  law  a  man  would  not  necessarily  secure  his  release  earlier  than  he  coidd 
under  the  present  system  ;  he  might  be  detained  longer  if  it  was  necessary  to  put 
him  through  the  thorough  reformative  course  of  treatment.     The  difference  be- 
tween the  recognition  by  the  prisoner  of  any  sentence  upon  him,  or  of  any  penalty 
inflicted  upon  any  citizen  by  law,  or  of  any  punishment  inflicted  upon  a  prisoner 
or  child  by  any  parent  or  governor,  or  his  recognition  of  it  as   punishment,  just 
punishment  the  proper  pay  for  the  thing  he  has  done,  or  his   appreciation  of  it, 
as  the  necessary  pain  or  infliction  to  remedy  that  in  him  out  of  which  has  sprang 
the  wrong  conduct,  or  to  prepare  him  so  that  he  may  live  with  reasonable  safety 
among  citizens,  is  very  great.     It  is  fundamental,     I  have  no  hope — yes,   I   have 
hope — that  the  man  who  has  suffered  the    consequences  of    his  wrong  act,   and 
views  them  as  just  punishment  for  it,  may  be  benefitted,  for  he  may  for  a  time  be 
restrained  ;  but  he  is  never  a  safe  citizen;   he  is  never  a  trustworthy   member   of 
the  household.     The  memory  of  pain  soon  fades,  and  the  penalty  is   not  always 
sure  to  follow  a  repetition  of  the  crime.     But  when  one  recognizes  that  his  con- 
duct is  but  the  expression  of  a  soul  defect,  that  makes  him  unsafe  in  the  esteem 
of  his  fellow-citizens,  unsafe  in  the  judgment  of  his  parent  to  go  out  and   do  as 
others  do,  and  when  he  receives  discipline  in  that  spirit,  when  he  finds   himself 
recovered  and  begins  to  get  a  rational  confidence  that  he  can  go  out,  he  is   vastly 
more  likely  to  get  on,  than  if    he    had   been  restrained   through  fear,    which  is 
always  degrading.      The  indeterminate  sentence  contributes  to   the   idea  of  cer- 
tainty, as  opposed  to  severity,  as  a   means  of  protection  from  crime   through  the 
operation  of  what  we  imagme  to  be — there  is  not  very  much  of  it — the  deteri*ent 
principle."     He  thought  the  principle  should  be  applied  to  misdemeanants  also. 
He  saw  it  stated,  that  in  the  year  1886,  there  were  only  3,360  felons  convicted  in 
the  State  of  New  York,  and  there  were  286,700  misdemeanants.     The  treatment 
of  the.se  misdemeanants  is  a  most  important  question.     "If  they  were  committed 
indeterminately,  and  a    thorough     scientific    (not    sympathetic    or    revengeful) 
diagnosis  were  made — such  as  the  Jewish  guardians  of    London  make  of  every 
case  that  comes  before  them — and  then  if  he  were  treated  scientifically,  rationally, 
for  the  purpose  of  keeping  him  out  of  the  criminal  classes,  we  should  have   less 
of  high  crime,  outrageous  crime  than  we  have  now,  because  out    of  oar  misde- 
meanants come  almost  all  our  felons.     Another  advantage  of  the  system   is   that 
it  centralizes  the  duty  and  the  responsibility  of  determining  the  date   of  a  pri- 
soner's release."     To  prove  that  it  is  "  utter  nonsense  to  leave  .such  questions  to 
the  CDurt  at  the  time  of  trial,"  Air.  Brock  way  stated  that  he  was  inc  jartone  day, 
when  five  felons  were  sentenced  to  the  State  prison  for  one,  two,  three,  four  and 
five  year-s.     He  could  not  see  any  good  i-eason  for  varying  their  terms,  and  when 
the  court  i-ose  he  asked  the  judge  what  "influenced  him  to  send   those  men  to 
prison  for  different  terms,"  the  judge    replied  :  "  Oh,  ask  me  something  easier,  I 
don't  know."  Another  effect  of  the  system  he  said,  is,  that  it  changes  the  attitude 
of  convict  and  keeper  which  was  inevitable  under   the  old   system.     Another  is 
that  it  centres  upon  the  warden  the  "cure  of  the  criminal  instinct  in  the  prisoner, 
and  his  proper  restoration  to  society."     Another,  that  it  facilitates  the  release  of 
the  prisoner  at  the  best  point  of  time,  and   under  the  best  circumstances.     And 
another  that  it  surrounds  the  prisoner  with  the  strength  of    legal  liability   after 
his  release."     Finally,  said  Mr.  Brockway,  "the  indeterminate    sentence  is    abso- 
lutely necessary  to  any  effective  reformatory  system  for  it  supplies  the  strono-est 
and  almost  the  only  true  motive  that  influences  a  man  properly  to  deport  himself, 
j)roperly  cultivate  himself,    properly  prepare  himself  for  free  life. 


177 


Mr.  Brockway  describes  the  system  as  worked  by  himself  and  what  he 
believes  to  be  its  effects.  In  this  as  in  all  other  prison  systems  much  depends 
on  the  mode  of  administration.  A  committee  of  the  New  York  Lecnslature  while 
pointing  out  the  evils  that  may  arise  from  this  system  administered  by  officers 
who  were  unfit  for  a  work  that  requires  so  much  judgment,  discretion  and  zeal, 
stated  that  under  Mr.  Broekway's  management  it  worked  fairly  well  at  Elmira. 

Dr.  E.  C.  Wines,  writing  ten  j^ears  ago,  said  :  "  Indefinite  sentences,  that  is 
sentences  not  to  run  to  a  fixed  time  but  until  reformation  would  in  my  judo-ment 
prove  an  effectual  agency  in  the  reform  of  prisoners."  And  he  argued  thus : 
"  Now  what  end  do  we  propose  in  public  punishment  ?  The  diminution  of  crime. 
But  this  is  to  be  sought  mainly  in  the  reformation  of  criminals.  It  is  therefore 
a  legitimate,  not  to  say  necessary  exercise  of  human  authority  to  detain  them  until 
that  effect  is  accomplished.  Again,  a  criminal  is  a  man  who  has  committed  an 
offence  and  deserves  punishment,  but  he  is  also  a  man  morally  diseased  and  needs 
a  cure.  The  prison  is  intended  to  effect  both  these  ends — the  punishment  and  the 
cure ;  nay,  to  effect  the  cure  by  means  of  the  punishment.  Now,  as  it  is  impos- 
sible to  predict  the  date  of  a  sick  man's  restoration  to  health,  so  it  is  no  less 
impossible  to  foretell  the  day  when  a  moral  patient  will  be  restored  to  moral 
soundness.  So  that  by  fixing  the  duration  of  the  sentence  in  this  latter  case  we 
run  a  double  risk,  namely,  on  the  one  hand  of  turning  the  criminal  loose  on 
society  before  he  is  cured,  and  on  the  other  of  detaining  him  after  he  is  cured, 
so  that  by  making  his  release  depend  on  a  mere  lapse  of  time  we  are  almost 
sure  of  committing  a  wrong  on  one  side  or  the  other — a  wrong  to  society  or  a 
wrong  to  the  prisoner.  Still  again,  the  protection  of  society  is  at  once  the  end 
and  the  justification  of  imprisonment.  But  society  is  not  protected  by  the 
•criminal's  imprisonment  unless  he  is  reformed  by  it.  .  .  We  do  not  set  the 
madman  free  until  he  is  cured  of  his  madness;  neither  can  we  safely  nor  even 
justly  set  the  criminal  free  until  he  is  cured  of  his  proclivity  to  crime."  In  1877 
the  managers  of  the  Elmira  reformatory  in  their  annual  report  argued  that  to 
sentence  prisoners  thus  indefinitely  is  no  hardship,  for  it  places  the  time  of  their 
release  practically  in  their  own  hands,  and  it  is  due  to  society  that  they  who 
by  crime  are  shown  to  be  dangerous  citizens  when  at  large  should  be  kept  under 
proper  restraint  until  the  danger  is  over;  the  prisoner  has  no  just  claim  to 
enlargement  until  he  is  safe.  It  is  not  only  due  to  society,  but  more,  it  is  a 
public  outrage  upon  peaceful  citizens  to  turn  loose  upon  them  as  we  are  con- 
stantly doing  from  our  prisons  professional  criminals  who  openly  avow  the  pur- 
pose to  pursue  again  a  criminal  career.  Any  supposed  risk  incurred  by  cloth- 
ing a  board  of  managers  with  so  much  authority  over  these  prisoners,"  they 
say,  "  is  guarded  by  the  requirement  that  full  returns  shall  be  made  annually  to 
the  Secretary  of  State  at  whose  office  any  one  can  find  all  facts  as  to  any  prisoner, 
and  it  will  be  remembered  the  Governor  of  the  State  has  power  to  pardon."  It 
seems  logical  that  if  the  indeterminate  sentence  system  be  adopted  the  criminal 
should  be  held  under  restraint  until  he  has  reformed  ;  but  parliaments  and  legis- 
latures have  a  repugnance  which  still  seems  invincible,  to  placing  power  so  great 
in  the  hands  of  any  official  or  board.  Mr.  Brockway  found  it  necessary  to 
introduce  a  maximum  term  in  his  bill  to  get  it  passed.  Only  in  Bavaria,  as  yet, 
has  the  fully  indeterminate  sentence  been  tried.  Dr.  Wines  admits  that  diffi- 
culty is  found  in  applying  the  system  to  this  extent  and  he  says  :  "  But  it  is  not 
likely  that  so  great  a  change  as  that  of  determinate  to  wholly  indeterminate 
sentences  can  be  made  on  the  sudden,  nor  would  it  be  desirable  if  it  could.  The 
principle  must  be  applied  at  first  (perhaps  always)  under  limitations,"  the  courts 
assigning  a  maximum  duration  to  the  punishment. 

12  (P.c.) 


178 


Mr.  Tallack,  who  does  not  approve  of  the  Elmira  system,  says  that  "  it  pre- 
sents some  noteworthy  features,  although  apparently  lacking  hitherto  in  the 
degree  of  religious  training  which  has  been  so  beneficial  in  some  other  prisons, 
.  .  The  educational  or  rather  collegiate  training  is  a  most  prominent  feature- 
About  a  dozen  of  the  professors  or  teachers  of  colleges  and  schools  in  the  vicinity 
are  engaged  to  instruct  classes  in  the  prison  and  to  deliver  lectures  on  drawing,, 
designing,  German,  English  and  American  history,  business,  law,  arithmetic, 
physical  geography,  economics,  practical  ethics,  political  science,  etc.  There  is 
an  experimental  school  of  art  for  practice  in  the  w^ork  of  terra  cotta,  encaustic 
tiling,  modelling  and  designing  from  nature,  embossing  on  brass,  moulding  metal 
pieces  ornamentally,  executing  portraits  in  hammered  copper,  and  so  forth.  In 
what  is  called  a  relormatory  library  are  the  novels  of  Alexander  Dumas,  Eugene 
Sue,  Ouida,  Bulwer,  Jules  Verne  and  others.  A  convict  writing  in  the  prison 
proper  compares  the  comforts  of  the  prison  with  the  discomforts  of  the  outer 
world  and  asks,  '  Is  godliness  profitable  ?'  but  admits  that  liberty  has  charms. 
It  is  claimed  that  80  per  cent,  of  the  Elmira  men  thus  become  reformed.  Even 
if  it  be  so  (and  the  matter  is  open  to  question)  such  a  result,  however  good  in 
itself,  is  quite  compatible  with  an  absolute  increase  of  criminality  being  produced 
amongst  the  outside  community  by  the  knowledge  that  the  discipline  of  so  large 
an  establishment  furnishes  so  many  advantages  to  the  evil-doers,  and  is  in  so 
small  a  degree  calculated  to  deter.  ISor  is  it  to  be  regarded  as  a  matter  for  un- 
mixed satisfaction  that  a  certain  small  proportion  of  the  convicts  discharged  from 
Elmira  have  voluntarily  returned  thither  for  shelter  and  support.  .  .  Can  it 
be  just  to  any  community  that  murderers  even  of  the  second  degree  should  be 
merely  sentenced  to  a  maximum  of  five  years  detention,  of  which  one-half  or 
more  may  be  worked  off' by  good  behaviour  in  prison,  whilst  the  other  half  may 
be  lightened  by  courses  of  collegiate  lectures,  novel  reading,  artistic  training,  and 
S)  foith;  and  w^hilst  at  the  same  time  food,  clothing  and  shelter,  superior  to 
that  of  millions  of  virtuous  persons,  are  abundantly  supplied.  .  .  The  writer 
cannot  but  consider  the  indulgences  at  Elmira,  for  such  classes  at  least  as  bur- 
glars and  murderers  to  be  a  real  cruelty  to  the  lives,  limbs  and  security  of  the 
millions  of  honest  people  in  the  community  at  large.  This  securitj^  should  be  the 
firtt  consideration  and,  even  the  reformation  of  the  individual  murderers  and 
ruffians  the  second  and  subordinate  one.  .  .  The  principle  of  indeterminate 
sentences,  if  true  to  their  appellation,  ought  also  to  involve  as  a  most  important 
essential  some  provision  for  an  indefinite  prolongation  of  the  custody  of  the 
unreformed  and  resolutely  vicious  criminals.  It  is  hardly  to  be  contended  that 
this  plan  possesses  the  merits  of  the  existing  conditional  liberation  system  of 
Great  Britain,  which  has  its  very  important  adjunct  of  police  supervision  as  some 
security  against  mischief  from  the  offender "  Mr.  Tallack  alludes  to  the  intro- 
duction of  indeterminate  sentences  in  Bavaria  about  1^35  apparently  in  order 
to  explain  that  there  prisoners  under  such  sentences  may  be  "  retained  five,  ten 
or  more  j^ears  until  their  habits  and  dispositions  appeared  to  be  radically 
reformed."  He  says  also  that  Mr.  Highton,  State  Commissioner  of  Prisons  for 
California,  in  his  report  to  the  Governor  of  that  State  strongly  condemns  the 
Elmira  system,  and  states  that  two  murders  were  committed  inside  that  inssti- 
t.ution  in  a  recent  year."  The  adoption  of  the  system  of  indeterminate  sentences 
does  not  involve  the  adoption  of  the  ideas  or  of  all  the  methods  by  which  the 
Elmira  reformatory  is  managed.  Many  penologists  who  regard  the  indetermin- 
ate sentence  as  essential  to  the  success  of  any  system  of  prison  reform  do  not 
approve  of  all  that  is  done  at  Elmira,  and  the  opinion  of  Mr.  Highton,  whatever  its 
value  may  be,  can  scarcely  be  regarded  as  outweighing  the  deliberate  action  of  the 
legislatures  of  such  States  as  New  York,  Massachusetts,  Ohio  and  Pennsylvania. 


179 


One  of  the  arguments  frequently  used  to  create  doubt  as  to  the  wisdom  of 
the  indeterminate  sentence  system  was  put  very  forcibly  by  Mr.  Brush,  warden 
of  the  SincT  Sing  State  prison,  in  a  paper  read  by  him  at  the  Piison  ( 'ongress 
held  at  Cincinnati  last  year.  He  said :  "  Prison  discipline  to  be  of  an}^  use 
should  not  only  make  the  prisoner  subordinate  but  should  improve  him  physically 
and  mentally,  and  also  be  of  such  a  nature  as  to  give  him  a  character  to  control 
himself  wdien  released  from  prison  ;  for  it  is  a  curious  fact  that  many  if  not  most 
of  our  worst  criminals  are  our  best  behaved  prisoners.  This  shows  conclusively 
that  it  is  nearly  if  not  quite  impossible  for  prison  oificers  to  judge  from  the  conduct 
of  a  man  in  prison  what  his  conduct  will  be  when  he  is  released  from  prison.  This 
is  the  strongest  argument  to  my  mind  against  the  indefinite  sentence.  For  if  a  man 
is  to  be  released  upon  his  good  behaviour  in  the  prison  and  his  apparent  reforma- 
tion  while  there,  we  may,  and  very  likely  will,  release  many  of  our  worst  crim- 
inals, while  men  of  lesser  tact  who  transgress  the  rules  from  a  want  of  firmness 
and  decision  would  remain  in  prison  a  long  time,  if  not  for  life." 

Progressive  or  Cumulative  Sentences. 

Penologists  agree  that  the  certainty  rather  than  the  severity  of  punishment 
deters  those  w^ho  are  tempted  to  commit  crime.  The  penalty  of  death  is  incurred 
much  more  recklessly  when  the  chances  of  escape  are  many  than  is  the  penalty 
of  imprisonment  where  punishment  almost  invariably  follows  the  commission  of 
crime.  It  has  also  been  found  that  criminals  are  more  apt  to  persist  in  their 
criminal  courses  when  there  is  a  chance  that  the  penalty  for  a  seco]id  or  third  or 
fourth  crime  may  be  as  light  or  even  lighter  than  the  penalty  imposed  lor  the 
first.  In  theory  it  has  always  been  held  that  the  penalt}'^  should  become  heavier 
every  time  a  criminal  is  convicted,  even  though  there  may  be  some  variation  in 
the  character  or  malignity  of  his  crime,  and  in  order  to  give  eti'ect  to  this  theory 
great  pains  have  been  taken  in  sevei'al  countries  to  ensure  that  the  person  who- 
has  been  convicttid  once  shall  be  recognized  when  charged  with  a  second  offence. 
In  England  photographs  of  convicted  ciiminals  are  carefully  taken  and  elaborate 
descriptions  of  their  size,  complexion,  appearance  and  marks  are  recorded.  In 
France  the  Bertillon  system,  which  seems  to  render  iailure  of  recognition  impos- 
sible, has  been  adopted,  and  with  several  of  the  wardens,  superintendents  of 
prisons  and  oti^er  officials  in  the  United  States  this  system  finds  much  favour. 
But  it  frequently  happens  that  a  criminal  who  has  spent  two  or  three  terms  in 
the  penitentiary  or  prison  receives  a  sentence  so  light  that  it  seems  to  bear  no 
proportion  to  the  atrocity  of  his  crime.  Dr.  Wines  states  that  "  the  tendency  to 
long  sentences  shows  itself  in  the  Southern  States  to  short  ones  in  the  Northern," 
but  there  is  often  a  great  diversity  in  the  sentences  imposed  in  the  same  State  or 
Province  and  even  in  those  imposed  by  the  same  magistrate.  Many  contend 
that  a  crinnnal  repeatedly  convicted  of  serious  crimes  shored  be  confined  for  life 
as  incorrigible.  In  Ohio,  by  Act  of  the  Genei'al  Assembly,  passed  May  4th, 
1885,  it  is  provided  that  "  every  person  after  having  been  twice  convicted  of 
felony  shall  be  adjudged  a  habitual  criminal  and  shall  be  imprisoned  for  life." 
This  law,  the  Ohio  Board  of  State  Charities  in  their  report  for  1890  say, 
"  has  been  practically  nullified  by  the  failure  of  prosecuting  attorneys 
to  specify  in  their  indictments  the  charge  of  incorrigibility  which  the 
Supreme  Court  has  determined  must  be  done  in  order  to  hold  the  prisoner  beyond 
the  maximum  of  imprisonment  authorised  for  the  crime  for  which  he  was  con- 
victed, although  he  may  have  a  prison  record  of  half  a  dozen  previous  convic- 
tions." In  cases  of  petty  larceny  and  drunkenness  it  has  been  found  that  the 
repeated  impositions  of  small  penalties  produces  no  beneficial  result.     The  pay- 


180 


ment  of  a  small  fine  or  imprisonment  for  a  few  days  has  no  terror  for  the  habitual 
drunkard  or  the  confirmed  thief,  and  the  instances  are  not  few  in  which  such 
offenders  have  been  committed  to  gaol  from  fifty  to  one  hundred  times  or  more. 
Sometimes  the  penalty  is  increased  in  such  cases,  but  the  increase  seldom  has  a 
deterrent  effect  because  it  is  uncertain.  Whether  the  option  of  payino-  a  fine  should 
be  allowed  to  an  habitual  drunkard  brought  before  the  courts  a  third  or  fourth 
time  within  the  year  may  well  be  questioned.  Indeed  were  cellular  confinement 
possible  there  would  be  no  doubt  on  that  point. 

Mr.  Tallack  states  the  opinion  of  many  on  this  subject,  when  he  says,  "  It  is 
the  opinion  of  a  number  of  experienced  ]H-ison  officers,  that  a  much  more  general 
repi  ession  of  crime  than  has  been  hitherto  obtained,  would  be  secured  merely  by 
the  adoption  of  a  more  certain  gradation  of  cellular  confinement  for  the  repitition 
of  transgressions.  It  is  already  found  to  be  a  fact  that  a  single  brief  imprison- 
ment on  the  separate  system  effects  a  life  long  deterrence  in  regard  to  many 
offenders.  Hence,  first  imprisonments  should,  as  a  rule,  be  of  very  short  duration, 
the  object  being,  rather  to  attempt  to  prevent  further  crime,  than  to  impose  heavy 
inflictions  for  the  sake  of  mere  theories  of  vengeance.  The  first  punishment 
should  be  just  sufficient  to  create  an  abiding,  disagreeable  impression  of  a  deterrent 
natui'e.  It  should  not  be  so  long  as  to  have  habituated  its  subject  to  prison  life, 
or  to  have  removed  or  relaxed  that  wholesome  dread  of  incarceration,  which  it  is 
so  needful  to  maintain.  .  .  .  Every  subsequent  conviction  should  involve  some 
definite  increase  of  detention.  It  is  comparatively  of  minor  consequence  if  the 
amount  of  additional  penalt}'^  is  but  small,  so  long  as  it  is  certain  to  be  greater 
than  any  one  previously  undergone  by  the  same  individual.  It  can  hardly  be  too 
often  repeated  or  recognized  that  the  main  element  in  the  repression  of  crime  is 
not  severity,  but  certainty — real  absolute  certainty.  And  in  order  to  render  this 
the  more  practicable,  it  must  involve  moderation  and  patient  gradation."  Such 
steady  progress  with  really  penal  conditions  of  cellular  separation  and  hard 
labour,  is  more  effectual  he  maintains,  than  either  "  the  piling  on  absurdly  hur- 
ried additions  of  long  years  of  detention  for  the  repetition  of  a  few  petty  thefts 
or  inflicting  upon  case-hardened  individuals,  dozens  or  scores  of  then),  contempti- 
ble sentences  of  a  fcAv  days  or  weeks."  Even  for  the  peculiarly  difficult  class  of 
habitual  drunken  misdemeanants,  the  course  of  a  very  gradual,  but  sure  increase 
of  detention,"  he  says,  "  will  be  found  very  influential.  Some  striking  instances 
of  success  have  been  noticed,  when  in  certain  cases,  the  principle  of  a  moderate 
progression  of  sentences  has  been  applied  to  such  persons.  This  .sure  but  very 
gradual  cumulation  of  cellular  imprisonment  will  alone,  and  without  any  provi- 
sion for  further  industrial  training  or  police  supervision,  suffice  fcr  the  eff"ectual 
reclamation  and  deterrence  of  many  offenders,  who  under  existing  irregularities 
of  treatment  become  habitual  criminals."  He  further  says,  "  criminals  should 
not  be  regarded  as  belonging  to  the  habitual  class  until  they  have  undergone 
several,  at  least,  of  the  first  stages  of  such  a  moderate  but  certain  cumulation  of 
penalties.  In  most  cases,  the  patience  and  majesty  of  the  law  might  fairly  afford 
them  from  three  to  six  opportunities  of  this  kind.  This  course  would  greatly 
restrict  the  number  of  persons  to  be  further  and  finally  dealt  with.  But  after 
three  to  six  trials  of  the  operation  of  imprisonment,  the  aggregate  of  which  need 
not  have  exceeded  one  year's  duration  for  petty  offences,  the  cumulation  should 
assume  another  character.  Then  it  should  involve,  in  addition  to  longer  imprison- 
ment, a  subsequent  training  for  from  one  year  to  several  years  either  in  a  penal 
factory  or  the  cultivation  of  land.  The  weakness  of  character  evinced  by"  any 
offenders  for  whom  this  treatment  had  been  found  needful,  requires  also  some 
•continuance  of  supervision  after  their  liberation  as  at  present  practiced.  But  this 
iio-ain  shou.  1  not-  be  immoderately  prolonged." 


181 


Without  proper  provision  for  the  cellular  or  separate  confinement  of  prisoners 
sentenced  to  short  terms  of  imprisonment  it  would  be  difficult  to  carry  out  this 
system  of  treatment  successfully,  although  in  most  of  our  gaols  separate  confine- 
ment would  sometimes  be  possible.  There  aie  other  obstacles,  perhaps,  more 
difficult  to  overcome.  To  deprive  judges  and  magistrates  of  discretionary  power 
would  be  a  serious  change.  If  such  power  were  always  wisely,  as  well  as  honestly 
exercised,  so  great  a  change  would  be  unnecessarj^  even  though  hardened 
criminals  did  sometimes  pass  as  first  offenders. 

An  English  Act  (34  and  3o  Vic.  c.  112),  passed  in  1871,  provides  that  "  Where 
any  person  is  convicted  on  indictment  of  a  crime,  and  a  previous  conviction  of  a 
crime  is  proved  against  him,  he  shall  at  any  time  within  seven  years  immediately 
after  the  expiration  of  the  sentence  passed  on  him  for  the  last  of  such  crimes,  be 
guilty  of  an  offence  against  this  Act,  and  be  liable  to  imprisonment  with  or  without 
hard  labour,  for  a  term  not  exceeding  one  year,  under  the  following  circumstances 
or  any  of  them.  These  are,  if  it  is  charged  and  there  are  reasonable  grounds  for 
believing  that  he  gets  his  living  by  dishonest  means  ;  or  if  he  is  found  anywhere 
under  such  circumstances  as  satisfy  the  court  that  he  was  about  to  commit  a 
crime  :  or  if  he  is  found  in  a  dwelling,  shop,  warehouse,  or  other  of  the  places 
specified,  and  is  unable  to  account  for  his  being  there  ;  or  if  being  charged  with 
any  ofi'ence,  he  refuses  to  give  his  name,  or  gives  a  false  name  or  false  address. 
A  person  convicted  a  second  time  on  a  criminal  charge  may,  in  addition  to  any 
other  punishment  awarded  to  him,  be  subjected  to  the  supervision  of  the  police 
for  seven  years  after  the  expiration  of  the  sentence  passed  on  him  for  the  last  of 
such  crimes." 

The  Ohio  law  of  1885,  provides  with  respect  to  habitual  criminals  that  "every 
person  who  after  having  been  twice  convicted,  sentenced  and  imprisoned  in  some 
penal  institution  for  felony,  whether  committed  heretofore  or  hereafter,  and 
whether  committed  in  this  State  or  elsewhere  within  the  limits  of  the  United 
States  of  America,  shall  be  convicted,  sentenced  and  imprisoned  in  the  Ohio 
Penitentiary  for  +elony  hereafter  committed,  shall  be  deemed  and  taken  to  be  an 
habitual  criminal,  and  onjbhe  expiration  of  the  term  for  which  he  shall  be  so  sen- 
enced,  he  shall  not  be  discharged  from  imprisonment  in  the  penitentiary  ;  but  shall 
be  detained  therein  for  and  during  his  natural  life  unless  pardoned  by  the  Gover- 
nor, and  the  liability  to  be  so  detained,  shall  be  and  constitute  a  part  of  every  sen- 
tence to  imprisonment  in  the  penitentiary;  provided,  however,  that  after  the  expi- 
ration of  the  term  for  which  he  was  so  sentenced,  he  may  in  the  discretion  of  the 
board  of  managei's  be  allowed  to  go  upon  parole  outside  the  buildings  and  enclo- 
sures ;  but  to  remain  while  on  parole  in  the  legal  custody,  and  under  the  control 
of  the  said  board,  and  subject  at  any  time  to  be  taken  back  within  the  enclosure 
of  said  institution." 

The  directors  of  the  Connecticut  State  Prison,  one  of  whom  is  Fran- 
cis Wayland,  well  knowm  as  a  penologist,  suggested  that  the  law  of 
that  State  should  be  amended  so  as  to  provide  that,  "  two  previous 
sentences  to  the  State  Prison  for  felony,  whether  committed  heretofore  or  here- 
after, and  whether  committed  in  that  state  or  elsewhere  within  the  limits  of  the 
United  States,  should  on  the  third  conviclion  for  felony  in  that  state  constitute 
the  person  so  sentenced  an  incorrigible. 

Cellular  Oonfineinent. 

Many  earnest  reformers  contend  that  all  imprisonment  should  be  cellular  or 
separate,  and  that  imprisonment  ruins  many  and  reforms  few,  if  prisoners 
are  allowed  to  associate  even  in  workshops  in  which  silence  is  enforced  most 


182 


strictly.  All  association  of  criminals,  they  contend,  is  evil  and  productive  only 
of  injury.  The  worst  of  the  criminals  associated  in  any  way  almost  invariably 
drag  the  less  depraved  down  to  their  own  level.  The  hardened  criminal  is  never 
improved  by  association  with  those  less  guilty  than  himself.  No  possible  classifi- 
cation of  criminals,  they  assert,  can  Jo  more  than  mitigate  the  evils  of  associ- 
ation. Some  assert  that  although  Captain  Maeonochie  wrought  such  wonders 
at  Norfolk  Island,  his  classification  of  prisoners  proved  a  failure.  Captain  Ma- 
eonochie held,  as  many  still  hold,  that  only  in  society  can  men  be  fitted  to  become 
members  of  society.  There  is  nothing  to  show  that  he  changed  this  opinion. 
The  strongest  arguments  that  can  be  used  in  favour  of  the  cellular  system  are 
to  be  found  in  the  reports  of  the  Managers  and  Superintendent  of  the  State 
Penitentiary  of  Eastern  Pennsylvania.  Solitary  confinement,  as  a  means  of 
reformation,  had  not  been  use:l  anywhere  until  introduced  in  that  State  towards 
the  close  of  the  last  century.  As  one  of  the  most  dreadful  means  of  vindictive 
punishment,  confinement  absolutely  solitary  had  been  used  in  many  nations  of 
ancient  and  mediaeval  times.  In  the  famou>i  prison  of  San  Michrele,  at  Rome,  it 
is  stated  "  The  great  evils  of  idleness  were  prevented  by  constant  labour  during 
the  day  ;  classification  to  a  certain  extent  and  silence  as  far  as  practicable  in  an 
•assembly  were  en'^orced  ;  and  separate  dormitories  or  night-rooms  for  each  pris- 
oner provided ;  appropriate  moral  sentiments  were  inscribed  on  conspicuous  tab- 
lets for  the  continued  inspection  of  the  inmates  and  above  all  religious  instruc- 
tion was  administered."  This  was  not  a  cellular  system  in  the  modern  sense  of 
the  word.  After  this  model  the  prison  at  Milan  and  then  the  prison  at  Ghent 
were  built,  and  from  all  these  Howrad  took  the  idea  for  that  Gloucestershire 
prison,  from  which  it  is  said  the  Pennsjdvfinians  took  the  idea  of  a  cell  for  each 
prisoner,  themselves  introducing  by  a  law  passed  on  April  5th,  1790,  the  princi- 
ple of  .separate  and  solitary  confinement.  This  Act  declared  that  previous  laws 
for  the  punishment  of  criminals  had  failed  "  from  the  communication  with  each 
other  not  bein^-  oufficiently  restrained  within  the  places  of  confinement,  and  it  is 
hoped  that  tlT^  ad^Iition  of  unremitted  solitude  to  laborious  employment  as  far 
as  it  can  be  effected  will  contribute  as  much  to  reform  as  to  deter." 

One  of  the  earliest  advocates  of  the  Pennsylvania  system  said  that  "  by 
separate  confinement  it  is  intended  to  punish  those  who  will  not  control  their 
wicked  passions  and  propensities,"  and  he  contended  that  "in  separate  confinement 
every  prisoner  is  placed  beyond  the  possibility  of  being  r;  ade  more  corrupt  by 
his  im.prisonment,  since  the  least  association  of  convicts  with  each  other  must 
inevitably  yield  pernicious  consequences  in  a  greater  or  lesser  degree;  that  the 
prisoners  will  not  know  who  are  undergoing  punishment  at  the  same  time  with 
themselves  and  thus  will  be  aftbrded  one  of  the  greatest  protections  to  such  as 
may  happily  be  enabled  to  form  resolutions  to  behave  well  when  they  are  dis- 
charged and  be  better  qualified  to  do  so,  because  plans  of  villainy  are  often  formed 
in  gaol  which  the  authors  cairy  into  operation  when  at  large  ;  that  seclusion  is 
an  essential  ingredient  in  moral  treatment,  and  with  religious  instruction  and 
advice  superadded,  is  calculated  to  acliieve  more  than  ever  yet  has  been  done  for 
the  miserable  tenants  of  the  penitentiaries  ;  that  a  specific  graduation  of  punish- 
ment can  be  obtained  as  surely  as  under  any  other  system  ;  that  irregularities 
within  the  prison  would  be  less  frequent  than  under  other  systems  and  discipline 
-could  more  easily  be  enforced."  Under  this  system  each  prisoner  .should  have  a 
large,  well-lit,  well-ventilated  cell  on  the  ground  floor,  having  an  ample  supply  of 
pure  water,  and  with  an  enclosed  yard  attached  in  which  he  could  spend  part  of 
each  day.  The  dimen.sions  of  the  cell  in  the  East  Pennsylvania  penitentiarv  is 
12  feet  by  8  feet ;  the  height  of.  the  ceiling  at  the  highest  point  is  16  feet  and 
:i;he  light  is  from  above.    The  size  of  the  yards  is  8  feet  by  20  feet.    The  prisoner^  a 


183 


late  report  says,  should  be  visited  as  often  as  possible  by  the  officer  on  guard,  who 
should  spend  all  his  time  in  the  cells  ;  by  the  chaplain,  the  warden  and  deputy  war- 
den. He  may  be  permitted  to  receive  visitors,  though  not  frequently,  and  to  ref^eive 
and  write  letters,  and  he  must  receive  a  certain  amount  of  literary  instruction  from 
a  teacher  who  _o-oes  from  cell  to  cell,  and  in  some  mechanical  occupation  from 
a  competent  teacher  if  he  requires  it.  Thus  the  solitude  would  be  frequently  broken. 
Great  cleanliness  a.nd  a  proper  degree  of  industry  v/ere  enforced,  and  it  was 
asserted  that  the  prisoners  who  learned  some  handicraft  would  be  more  indepen- 
dent when  set  at  liberty  than  a  prisoner  taught,  as  in  other  penitentiaries,  merely  to 
attend  a  machine.  The  managers  of  the  Eastern  Pennsylvania  Penitentiary  prefer 
that  their  system  should  be  known  as  "  the  separate  and  individual  treatment 
system  of  prison  discipline,"  and  they  maintain  in  all  their  reports  that  it  has 
proved  eminently  successful.  About  "  70  per  cent,  of  first  convictions  to  this 
penitentiary,"  they  saj^,  "  are  reformed.  Of  the  crime  class  the  reformations  will 
not  exceed  four  per  cent."  They  believe  that  reconvictions  "  result  chiefly  from 
inherent  depravity."  That  their  system  is  not  a  success,  they  say,  can  be  proved 
only  when  some  other  institution  can  show  a  better  record  after  fifty  years  of 
experience. 

It  is  generally  believed  that  solitary  confinement  when  continued  for  years 
produces  the  most  injurious  effects  on  mind  and  body.  Charles  Dickens,  who 
visited  this  prison,  says  of  it  in  his  American  notes :  "  I  am  persuaded  that  those 
who  devised  this  system  of  prison  discipline  and  those  benevolent  gentlemen 
who  carry  it  into  execution  dj)  not  know  what  it  is  that  they  are  doing.  I  believe 
that  very  few  men  are  capable  of  estimating  the  immense  amount  of  torture  and 
agony  which  this  dreadful  punishment  prolonged  for  years  inflicts  upon  the 
sufierers :  and  in  guessing  at  it  myself  and  in  reasoning  from  what  1  have  seen 
written  upon  their  faces,  and  what  to  my  certain  knowledge  they  feel  within,  I 
am  only  the  more  convinced  that  there  is  a  depth  of  terrible  endurance  in  it 
which  none  but  the  sufferers  themselves  can  fathom,  and  which  no  man  has  a 
right  to  inflict  on  his  fellow  creature.  I  hold  this  slow  and  daily  tampering  with 
ihe  mysteries  of  the  brain  to  be  immeasurably  worse  than  any  torture  of  the 
body ;  and  because  its  ghastly  signs  and  tokens  a.re  not  so  palpable  to  the  eye 
and  sense  of  touch  as  scars  upon  the  flesh ;  because  its  wounds  are  not  upon  the 
surface  and  it  extorts  few  cries  that  human  ears  can  hear,  therefore  I  the  more 
denounce  it  as  a  secret  punishment  which  slumbering  humanity  is  not  roused  up 
to  stay.  .  .  I  solemnly  declare  that  with  no  rewards  or  honours  could  I  walk  a 
happy  man  beneath  the  open  sky  by  day,  or  lay  me  down  upon  my  bed  at  night 
with  the  consciousness  that  one  human  creature  for  any  length  of  time,  no  mat- 
ter what,  lay  in  his  silent  cell  and  I  the  cause  or  I  consenting  to  it  in  the  least 
degree.  .  .  The  dull  repose  and  quiet  that  prevails  is  awful.  Occasionally  there 
is  a  drowsy  sound  from  some  lone  weaver's  shuttle  or  shoemaker's  last,  but  it  is 
stifled  by  the  thick  walls  and  heavy  dungeon  door  and  only  seems  to  make  the 
stillness  more  pi^ofound.  Over  the  head  and  face  of  every  prisoner  who  comes 
into  this  melancholy  house  a  black  hood  is  drawn,  and  in  this  dark  shroud,  an 
emblem  of  the  curtain  dropped  between  him  and  the  living  world,  he  is  led  to 
the  cell  from  which  he  never  again  comes  forth  until  his  whole  term  of  imprison- 
ment has  expired.  He  never  hears  of  wife  or  children  ;  home  or  friends ;  the- 
life  or  death  of  any  single  creature.  He  sees  the  prison  oSicers,  but  with  that 
exception  he  never  looks  upon  a  human  countenance  or  hears  a  human  voice. 
He  is  a  man  buried  alive  to  be  dug  out  in  the  slow  round  of  years  and  in  the 
meantime  dead  to  everything  but  withering  anxieties  and  horrible  despair.  His 
name  and  crime  and  term  of  suflfering  are  unknown  even  to  the  officer  who 
delivers  him  his  daily  food.     There  is  a  number  over  his  cell  door  and  in  a  book, 


184 


of  which  the  governor  of  the  prison  has  one  copy  and  the  moral  instructor 
another  ;  this  is  the  index  to  his  history.  Beyond  these  pages  the  prison  has  no 
record  of  his  existence.  .  .  On  the  haggard  face  of  every  one  among  these 
prisoners  the  same  expression  sat.  I  know  not  what  to  liken  it  to.  It  had  some- 
thing of  that  strained  attention  which  we  see  upon  the  faces  of  the  blind  and 
deaf,  mingled  with  a  look  of  horror,  as  though  they  had  all  been  secretly  terri- 
fied. My  firm  conviction  is  that,  independent  of  the  mental  anguish  it  occa- 
sions— an  anguish  so  great  and  so  tremendous  that  all  imagination  of  it  must  fall 
short  of  the  reality — it  wears  the  mind  into  a  morbid  state  which  renders  it 
unfit  for  the  rough  contact  and  busy  action  of  the  world.  It  is  my  fixed  opinion 
that  those  who  have  undergone  this  punishment  must  pass  into  society  again, 
morally  unhealthy  and  diseased.  What  monstrous  phantoms  bred  of  despon- 
dency and  doubt  and  born  and  reared  in  solitude  have  stalked  upon  the  earth 
making  creation  ugly  and  darkening  the  face  of  Heaven." 

It  was  asserted  by  the  managers  of  this  prison  at  the  time  that  Mr.  Dickens 
gave  loose  rein  to  his  imagination,  and  sought  rather  to  excite  strong  feeling 
than  to  tell  the  exact  truth.  He  spoke  no  word  of  criticism  or  objection  when 
he  visited  the  prison,  and  what  he  afterwards  wrote  thej'-  say  "  is  marked  by  the 
strong  contrasts  which  he  painted  in  his  fictions."  In  support  of  this  it  Was- 
stated  that  one  of  three  whom  he  described  as  suffering  the  mo.it  dreadful  mental 
anguish  was  a  recidivist,  who  released  some  time  after  Mr.  Dickens'  visit  was  im- 
prisoned more  than  once  subsequently.  Mr.  Vaux  in  a  history  and  very  elaborate 
defence  of  the  system  published  in  1872,  said  that  he  and  his  associate  inspectors 
(as  they  are  called)  believed  the  system  to  be  '  as  great  a  success  as  human  effort 
under  all  circumstances  could  be  expected  to  accomplish."  In  their  report  of 
1888  they  say,  in  reply  to  the  statement  that  "isolation  imperils  the  mental  and 
physical  health,  that  never  in  a  single  instance  during  a  half  century  of  obser- 
vation and  study  has  a  case  occurred  in  this  penitentiary  in  which  mental  or 
physical  disease  was  justly  attributed  to  this  system  of  prison  discipline."  Cases  of 
mental  disease  do  occur.  "  Admitted  mental  disease  is  equal  to  8  1-10  per  cent,  of 
admissions,  but  a  very  large  number  of  convicts  have  developed  forms  of  disease- 
that  were  innate,  latent,  inherited  or  constitutional,  and  proved  to  have  been  origin- 
ally caused  by  influences  from  which  crime  germinated  before  conviction  and. 
sentence."  The  self-communion  which  separate  confinement  compels,  is  they  say 
"  an  education,  a  drawing  out  of  the  mind,  or  what  of  intelligence  the  man, 
po.sse.ssed,  the  results  of  reflection  on  a  life  of  wrong-doing,  or  acts  of  wrong- 
doing, and  was  instructive  in  indicating  how  a  better  resolution  might  be  engen- 
dered to  avoid  the  attendant  conditions  which  crime  creates."  They  say,  more- 
over, that  under  this  system  "each  prisoner  is  considered  as  to  his"  individuali- 
ties," and  tliat  to  each  is  administered  the  treatment  which  his  case  requites. 
Mr.  Vaux  claims  that  one  who  has  been  intrusted  wiih  the  preparation  of  forty- 
six  consecutive  annual  reports  "of  this  prison  maybe  absolved  from  any  other 
motive  now  than  the  expression  of  views  entertained  by  the  inspectors."  The 
Warden  in  his  reports  insists  quite  as  strongly  that  the  system  is  the  best  for  the 
prisoner  and  for  the  State  that  has  yet  been  devised.  Theie  lias  laeen  some 
relaxation  of  the  discipline  since  the  time  of  Dickens,  as  prisoners  are  now 
allowed  to  receive  and  to  send  letters,  and  occasionally  to  receive  visitors.  It  has 
been  found  necessary  also,  because  of  the  want  of  sufficient  piison  room,  to  put 
a  thousand  convicts  in  this  penitentiary,  which  has  but  700  cells. 

Anotlier  penitentiary  system  long  known  as  the  Auburu  system  because 
adopted  in  the  Auburn  prison  of  the  State  of  New  York  was  introduced  after 
the  cellular  system  had  been  just  put  into  operation  fully  in  the  East  Pennsylvania 
penitentiary.     This  provides  for   the  confinement  of  prisoners  each  in  his  own. 


185 


cell  at  night  and  for  their  association  at  work  and  at  meals  in  absolute  silence* 
A  warm  controversy  was  carried  on  for  years  between  the  advocates  of  the  two 
systems.  Rhode  Island,  New  Jersey,  Maine,  and  probably  some  other  states 
adopted  the  Pennsylvania  system,  but  all  have  since  adopted  the  A.uburn  system. 
All  the  states  since  created  have  adopted  that  system,  and  Pennsylvania,  "which 
had  two  penitentiaries  conducted  on  the  cellular  system,  now  has  only  the  one. 
In  Kew  Jersey,  as  eaily  as  1840,  the  board  of  inspectors  expressed  their  doubts 
as  to  the  reformatory  power  of  the  Pennsylvania  system,  and  in  the  sauie  year 
the  medical  officer  of  the  prison  attacked  it  as  prejudicial  to  the  health  of  the 
body  and  this  he  repeated  from  year  to  year.  Probably  the  fact  that  the  returns 
from  the  labour  of  the  prisoners  were  so  scanty  had  an  effect  on  the  legislature. 
In  1859  the  system  was  formally  abandoned  and  the  Auburn  system  substituted  i 
for  it.  The  Rhode  Island  penitentiary  was  opened  in  1838,  on  the  Pennsylvania 
plan,  for  which  four  years  after  the  Auburn  system  was  substituted.  The 
warden,  a  medical  man,  in  his  report  for  1884  described  the  PennsyWania  system 
as  a  "slow  corroding  process  carrying  its  subject  to  the  derangement  or  destruc- 
tion of  both  body  and  mind."  He  said  that  of  the  forty  prisoners  committed 
during  the  year  previous  ten  manifested  symptoms  of  decided  insanit}'  and  that 
the  advantages  claimed  for  the  S3'stem  of  "  greater  calmness  of  spiiit  and  readier 
submission  to  the  rules  had  not  been  realized.  On  the  contrary,  solitude  had  been 
found  to  produce  restless  iriitability  and  peevishness,  impatient  of  the  unnatural 
restraint  imposed  on  the  reluctant  body  aud  mind  and  difficult  to  be  dealt  w  ith  ; 
while  in  the  performance  of  the  social  labour  in  silence  the  men  have  been  more 
easily  subject  to  control  and  have  required  less  frequent  exertions  of  authoiity 
than  before.  When  shut  up  in  the  cells  they  exercise  under  the  cravings  of  the 
social  instinct — which  walls  and  chains  cannot  repress — every  contrivance  that 
ingenuity  could  suggest  by  means  of  the  window  and  of  the  pipes  passing 
through  the  cells  to  hold  some  communication  with  each  other,  aud  they  were 
more  successful  than  would  be  thought  possible  " 

Ten  years  ago  the  prisoners  undergoing  cellular  confinement  in  all  the 
prisons,  penitentiaries  and  gaols  of  the  United  States  were  sup];osed  to  be  about 
four  per  cent,  of  the  whole  number  incarcerated.  The  proportion  has  not  clumged 
much  since.  But  "  the  current  of  public  opinion  amongst  men  who  study  this 
question  sets  strongly  in  the  direction  of  cellular  separation  for  prisoners  await- 
ing trial  and  for  those  sentenced  for  short  terms." 

The  history  of  cellular  imprisonment  in  Great  Britain  is  not  vei-y  plninly  writ- 
ten. Howard, disgusted  with  his  own  experience  of  thehorrors  of  tlic  congregate  sys- 
tem as  it  existed  in  the  French  prison  in  which  he  was  confined  for  a  time,  became  an 
advocate  of  '^  separation."  The  Act  of  1779  for  the  establishment  of  penitentiaries 
in  England,  which  Howard  assisted  in  framing  (19  George  III.,  c.  V4)  provides  ( S^  c. 
33)  that  "  such  offenders  as  shall  be  sent  to  either  of  such  penitentiary  hots-es, 
shall,  during  the  hours  of  rest,  be  kept  entirely  separate  and  apart  from  each 
other  and  be  lodged  in  separate  rooms  or  cells  not  exceeding  twelve  feet  in 
length,  eight  feet  in  breadth  ard  eleven  feet  in  height,  nor  les^  than  ten  feet  in 
length,  seven  feet  in  breadth  and  nine  feet  in  height,  and  without  any  windnw 
withir  '  .  feet  of  the  respective  floors,  which  rooms  or  cells  shall  be  dried  a-id 
moderately  warmed  in  damp  or  cold  weather  by  flues  from  fires  in  the  kitchens 
and  other  public  fires  belonging  to  each  house  ;  and  the  said  ofien  lers  shall  al-o, 
during  their  hours  of  labour,  in  case  the  nature  of  their  several  cmploymr-nts 
will  permit,  be  in  like  manner  kept  separate  and  apart  fro; u  each  other;  and 
where  the  nature  of  the  emplo\'ment  may  require  two  persons  to  woi-k  together, 
the  room  in  which  two  persons  shall  work  shall  be  of  suificient  dimensions, 
and   if    the    nature    of    the    work    wherein    such    offenders    .shall    Le    employed 


18G 


shall  require  the  labour  of  many  persons  at  one  time  a  common  work-ioom 
or  shed  shall  be  allotted  to  them  for  that  purpose  ;  but  during  the  time  the 
offenders  are  engaged  in  such  common  work-room  or  shed  the  governor  of 
the  said  house  or^'the  taskmaster  or  one  or  more  of  their  servants  or  assistants 
shall  be  constantly  present  to  attend  to  the  behaviour  of  such  offenders,  and 
such  two  or  more  persons  shall  not  be  suffered  to  continue  together  except 
during  the  hours  of  labour  and  Divine  service  and  the  times  respectively 
allotted  for  their  meals  and  airings."  Long  after  Howard's  time  the  Rev.  John 
Clay,  chaplain  of  the  Preston  prison,  became  known  as  an  earnest  advocate  of  the 
separate  system,  from  which  he  expected  that  "  it  would  guarantee  the  prisoners 
from  mutual  coiruption  and  make  them  think."  He  held  that  "  without  separation 
and  non-intercourse  a  chaplain's  efforts  would  be  comparatively  fruitless.  But 
on  the  other  hand  separation  and  silence  unrelieved  by  the  benign  influence  of 
religion  are  worse  than  useless,  are  positively  injurious."  The  magistrates  of 
Middlesex,  Surrey  and  other  counties,  and  several  prominent  individuals  such  as 
the  Duke  of  Richmond,  Sir  George  Faul,  Bart.,  Rev.  J.  Kingsmill  and  Rev  W.  J. 
Osborne,  endeavoured  for  many  years  to  extend  the  practical  adoption  of  separate 
imprisonment  in  Great  Britain.  Bishop  Ullathorne,  who  had  had  much  experi- 
ence of  the  evils  of  the  association  of  criminals  in  Australia,  and  Mrs.  Fry  who 
did  so  much  to  reform  Newgate  and  other  prisons,  laboured  in  the  same  cause. 
I  One  of  the  great  difficulties  the}^  had  to  overcome  was  caused  by  the  false  notions 
which  officials  and  otheis  entertained  as  to  what  separate  or  cellular  imprisonment 
meant  and  as  to  the  manner  in  which  it  should  be  employed.  Wherever  the  sys- 
tem was  adopted  it  was  worked  with  extreme  rigour  until  experience  showed  that 
by  such  rigour  the  purposes  for  which  the  system  wasdevised  were  friistrated.)"Tlie 
Prison  Matron  "  in  her  remarkable  work  published  in  1866,  says  :  "  At  Glasgow 
and  Edinburgh  the  airing  is  on  the  separate  system  and  no  correspondence  can 
.  ensue  between  the  prisoner.^  in  consequence — a  wise  and  safe  prec  lution  it  must  be 
acknowledged,  but  partaking  too  much  of  the  wild  beast  treatment  to  be  satis- 
factory at  ffrst  sight  to  one  accustomed  to  rules  more  lenient.  There  is  something 
awfully  sa  I  that  brings  the  tears  to  the  eyes  of  an  observer  in  the  airing  cells  of 
Edinburgh  and  Glasgow."  In  the  Gla.sgovv  prison  "  the  women  are  apart,  divided 
by  airing  cells  or  wards  of  a  peculiar  construction  resembling  a  coach  wheel,  with 
a  prisoner  between  each  of  the  spokes,  separated  from  her  fellows  l)y  a  high  par- 
tition, the  top  open  to  the  air  and  covered  with  an  iron  grating,  and  in  the  centre 
above  them  and  commanding  a  view  of  each  division  and  of  the  sad,  restless 
inmate  who  must  halt  not  for  an  instant  in  her  walk,  watches  the  female  guardian 
in  charge.  For  the  worst  class  of  women  .  .  .  this  coach  wheel 
divi.sion  of  refractories  might  be  advantageously  adopted,  perhaps. 
It  is  certainly  one  more  means  of  punishment  at  which  .some  of  the  boldest  women 
recoil,  for  it  is  utter  isolation  ;  but  it  must  weigh  heavil}'  on  the  minds  of  the 
criminals,  and  I  think  wcnild  tell  upon  them  if  too  long  adopted.  Tliis  was  not 
what  the  reformers  of  that  day  advocated.  In  the  biography  of  Mrs.  Fry  it  is 
stated  that "  confinement  which  excluded  from  the  vicious  but  allowed  of  frequent 
intercourse  with  sober  and  well  conducted  persons,  would  have  been  in  her  view 
perfect."  Mr.  Tallack,  in  his  book,  says,  "  the  horrible  extre^nes  of  isolation  exem- 
plified in  Mrs.  Fry's  day  in  certain  American  and  English  gaols  where  prolonged 
cellular  confinements  iu  semi-darkness  without  industry,  without  adequate 
visitation  and  without  instruction  or  other  reformatory  influences  was  carried  out 
with  brutal  inhumanity,  justly  shocked  her  compasionate  breast  and  led  her  to 
protest  persistently  against  such  a  great  perversion  of  the  principle  of  separation." 
Mr.  Tallack,  who  is  an  earnest  advocate  of  the  separate  system  says,  "  It  has  been 
one  of  the  most  pernicions  and   persistent  hindrances  to  penal  reform  in  many 


187 


nations  that  solitude  has  been  «o  often  considered  as  being  identical  with  separa- 
tion. .  .  .  Silence  may  exist  with  the  association  of  numbers,  and 
effectual  separation  from  evil  associations  may  be  secured  in  conjunction  with  the 
,daily  companionship  of  suitable  persons."  Different  ideas  as  to  separate  imprison- 
ment prevail  in  diflerent  countries  and  in  different  prisons  of  the  same  country. 
The  system  adopted  in  Pentonville,  sometimes  called  a  model  prison,  differed  from 
that  followed  in  other  English  prisons  and  was  more  rigorous.  "  It  was  never  ac- 
companied by  those  necessary  and  merciful  ameliorations  which  other  better  con- 
ducted cellular  establishments  in  various  countries  have  adopted.  But  incomplete 
as  was  the  Pentonville  plan,"  says  the  writer,  "  it  was  never  so  mischievous  to 
the  minds  of  the  prisoners  as  has  often  been  represented.  .  .  .  The 
lessons  of  the  past  have  awakened  attention  to  the  necessity  for  rational  precau- 
tions such  as  constant  industry,  a  supply  of  books,  instruction  by  chaplains  and 
school  masters,  careful  medical  oversight  and  frequent  visitations  by  the  oflBcers 
and  other  persons." 

The  Act  28  &  29  Vic.  (c.  126)  provides  that  in  a  prison  where  criminal 
prisoners  are  confined,  such  prisoners  shall  be  prevented  from  holding  any  com- 
munication with  each  other,  either  by  every  prisoner  being  kept  in  a  separate 
cell  by  day  and  by  night,  except  when  he  is  at  chapel  or  taking  exercise,  or  by 
every  prisoner  being  confined  by  night  to  his  cell  and  being  subject  to  such 
superintendence  during  the  day  us  will  consistently  with  the  provisions  of  this 
Act  prevent  his  communicating  with  any  other  prisoner.  The  British  local  prisons 
are  now  all  constructed  and  managed  on  the  cellular  system.  The  short  time 
prisoners  see  one  another  only  once  a  day  in  the  exercise  yard  where  they  must 
take  exercise  according-  to  the  regulations  and  they  are  forbidden  to  communicate 
by  word  or  sign.  It  is  generally  believed  that  they  do  contrive  to  exchange 
signs  and  sometimes  even  words,  although  the  rules  are  more  strictly  enfoiced 
than  in  American  state  prisons.  Those  imprisoned  for  long  terms  are  allowed 
after  a  time  to  work  in  association  and  occasionally  to  indulge  in  conversation. 
Those  sentenced  to  penal  servitude  are  subject  to  cellular  imprisonment 
for  nine  months,  and  if  they  behave  well  the  rigours  of  t^ieir  isolation  are 
somewhat  relaxed  after  three  months. 

A  Massachusetts  law  (R.  S.  chap.  215,  sec  23)  provides  that  when  the  pun- 
ishment or  imprisonment  in  the  State  Prison  is  awarded  against  a  convict,  the 
form  of  the  sentence  shall  be  that  he  be  punished  by  confinement  at  hard  labour, 
and  he  shall  also  be  sentenced  to  solitary  imprisonment  for  such  term  as  the 
court  shall  direct,  not  exceeding  twenty  days  at  one  time,  and  in  the  execution 
of  such  sentence  the  solitary  imprisonment  shall  precede  the  punishment  b3^  hard 
labour  unless  the  court  otherwise  orders. 

Belgium  carries  out  the  cellular  system  more  thoroughly  than  any  other 
country.  M.  Ducpetiaux,  thrown  into  prison  during  the  revolution  of  1830,  was 
forced  to  associate  with  vile  and  filthy  criminals,  and  became  convinced  that 
"  association  in  imprisonment  is  an  indulgence  to  the  vile,  a  cruelty  to  the  novice, 
and  a  corrupting  evil  to  all."  Appointed  Director  of  Prisons  by  King  Leopold, 
he  introduced  the  cellular  system.  It  is  not  applied  to  persons  imprisoned  for 
life  or  for  long  periods.  Constant  occupation  is  provided  for  prisoners  ;  industry 
and  hope  are  fostered  by  pecuniary  and  other  rewards.  The  chaplain,  school- 
masters, and  wardens  are  required  to  spend  many  hours  a  day  in  the  cells  with 
the  prisoners,  and  by  their  frequent  visits  to  guard  against  separation  becoming 
isolation.  Each  prisoner  is  permitted  to  take  exercise  in  a  small  separate  yard 
and  may  obtain  indulgences,  such  as  tobacco,  a  garden  plot,  or  permission  to  keep 
a  bird.  With  a  share  of  the  money  earned  by  his  labour,  the  prisoner  may  pur- 
■chase  white  bread,  cheese,  bacon,  milk,  paper,  pens  and   other  extras.     The  un- 


188 


spent  portions  of  such  earnings  amount  to  such  considerable  sums  as  £5,  £10,  or 
£15.,  on  work  done,  but  in  general,  the  profit  thus  allotted  to  the  worker  beara  a 
minor  proportion  to  the  profit  earned  by  him  for  the  establishment.  Skilled 
trade  instructors  are  employed  to  teach  occupation  to  the  large  majority  of  the 
prisoners  who  are  ignorant  and  unskilled  as  to  industry.  The  etfects  of  this 
system  were  so  salutary,  short  periods  of  cellular  confinement  being  more  deter- 
rent and  reformator}^  than  long  periods  of  punishment  in  association,  that  a  law 
passed  reducing  20  years  confinement  under  the  congregate  plan  to  les.s  than  ten 
years  of  cellular  confinement,  and  shortening  other  sentences  proportionately. 
The  maximum  period  of  cellular  confinement  is  now  noaiinally  nine  years,  but 
much  shorter  periods  sufiSce  for  the  generality  of  ofi'enders.  The  prison  at 
Louvain  is  now^  regarded  as  the  model  by  the  advocates  of  the  cellular  sy.stem. 

Dr'.  Wines  ten  j^ears  ago  wrote  of  the  Belgian  system  :  "  She  has  the  most 
perfect  and  complete  penitentiary  system  of  any  country  in  the  world.  It  is 
cellular  throughout  except  as  regards  part  of  the  prison  of  Ghent  for  life  sen- 
tenced convicts.  The  system  exists  in  that  country  under  the  best  possible  condi- 
tions, and  has  the  best  possible  chance  to  work  out  whatever  results  it  iscapable 
of  accomplishing.  The  penitentiar}^  at  Louvain  is  the  model  of  the  model  prisons 
of  the  world.  I  had  never  conceived  of  anything  in  the  lorm  of  a  penitentiary 
establishment  so  admirable  in  organization,  so  perfect  in  administration.  Noth- 
ing seems  to  have  been  forgotten  in  its  construction,  nothing  overlooked  in  its 
rules,  nothing  omitted  in  its  arrangements,  and  the  results  obtained  are  reported 
as  highly  satisfactory "  Dr.  Wines  did  not,  however,  approve  of  the  cellular 
system  even  as  carried  out  in  Belgium  for  long  term  prison eis. 

A  French  commisson  recommended  the  adoption  of  the  cellular  system  for 
at  least  all  sentenced  to  imprisonment  for  one  year  or  less.  The  recommendcition 
has  not  yet  been  carried  out,  but  some  prisons  in  Paris  are  constructed  on  the 
cellular  or  .separate  system.  Strange  to  say,  one  of  these  is  used  for  the  tempo- 
rary detention  of  children  who  are  to  be  sent  to  schools  and  asylums  of  various- 
kinds,  and  the  .sight  presented  hj  a  number  of  these  children  when  taken  out  of 
the  prison  for  removal,  is  said  to  be  exceedingly  sad,  so  silent,  dull,  and  joyless 
do  they  become  after  even  a  few^  weeks  or  days  of  such  terrible  dreariness. 

In  Holland  the  cellular  .sy.stem  has  been  partially  adopted,  but  the  progres- 
sive or  Crofton  .system  has  .still  many  adherents.  At  the  annual  meeting  of  the 
Juridical  Association  held  soon  after  the  meeting  of  the  Prison  Congress  in 
London,  a  resolution  that  the  progressive  system  ought  not  to  be  recommended  in 
the  cases  of  sentences  of  long  duration  was  carried  by  only  a  small  majorit}^,  and  a 
resolution  affirming  that  in  .such  cases  after  the  maximum  of  cellular  imprisonment 
allowed  by  law^  (three  years)  had  been  undergone,  the  p^risoners  ought  to  be  ad- 
mitted to  associate  imprisonment  based  upon  a. sound  classification w^as adopted 
by  a  nearly  unanimous  vote.  Suringar,  the  great  advocate  of  the  cellular  system 
in  Holland,  always  insisted  on  the  complete  isolation  of  the  prisoners  from  each 
other,  but  with  regular  work,  the  use  of  books,  scholastic  instruction,  religious 
teaching,  visits,  and  a  daily  enjoyment  of  the  open  air;  and  he  declares  "it  is  not 
the  cell  as  such  that  works  the  reclamation  of  its  inmates ;  it  is  only  the  fittest 
— the  indi.spen.sable  receptacle  for  containing  the  healing  potion.  Religion  must 
work  the  moral  improvement  of  the  criminals  ;  religion  the  essence  of  humanity." 

A  prison  at  Christiana  (Norway)  is  regarded  as  an  institution  in  which  the 
cellular  system  has  been  very  scientifically  and  successfully  carried  out.  Mr. 
Petersen  the  superintendent,  thinks  however,  that  too  many  .short  sentenced 
prisoners  are  sent  to  him,  and  that  the  inducements  offered  to  the  prisoners  to 
reform  are  too  small,  as  they  do  not  re'^eive  any  share  of  their  earnings,  and  can 
not  earn  an  abbreviation  of  their  sentence.     Mr.   Petersen  thinks  long  or  often* 


189 


repeated  isolation  enfeebling  to  both  mind  and  body.  Denmark  tries  the  cellular 
and  progressive  systems  in  different  prisons,  having  one  cellular,  and  one  asso- 
ciated for  males,  and  within  one  enclosure  a  cellular  and  an  associated  prison  for 
females.  Convicts  sentenced  to  imprisonment  for  terms  ranging  from  eio-ht 
months  to  six  years,  are  treated  under  the  cellular  system.  The  average  im- 
prisonment in  these  cases  scarcely  exceeds  a  year.  It  is  considered  of  great 
iinportance  to  secure  frequent  visits  to  the  cell  prisoners.  Prisons  or  gaols  for 
preliminary  detention  are  all  on  the  cellular  system.  Saxony  has  five  classes  of 
prisons.  All  are  conducted  on  what  is  known  there  as  the  principle  of  individ- 
ual treatment.  As  the  managers  think  it  best  for  each  prisoner,  he  is  treated 
according  to  the  cellular  or  the  associate  system. 

From  all  this  it  appears  that  there  is  very  considerable  variety  in  what  is 
called  the  cellular  system.  The  chief  feature  in  all  cases  is  that  the  prisoner  is 
shut  off  from  communication,  not  only  with  other  prisoners,  but  to  a  great 
extent  from  communication  with  mankind  generally.  Absolute  isolation  for 
long  terms  appears  to  have  few  advocates  now,  but  isolation  and  solitariness 
absolute  or  partial,  are  necessarily  part  of  the  system  in  any  of  its  forms.  The 
gaolei's  and  other  witnesses  who  appeared  before  the  Commission,  stated  almost 
without  exception,  that  solitary  confinement  is  a  very  severe  form  of  punish- 
ment, and  that  it  could  not  be  inflicted  for  any  great  length  of  time  with 
safety,  even  though  the  prisoners  were  occupied  with  work,  and  allowed  the  use  of 
books.  For  short  term  prisoners,  it  may  be  found  advantageous,  but  many 
objected  to  placing  those  awaiting  trial  who  may  be  innocent  and  those  held  as 
witnesses  in  solitary  confinement  as  an  indefensible  infliction  of  severe  punish- 
ment where  perhaps  no  punishment  was  deserved.  Mr.  Tallack  says,  "  In  thou- 
sands of  cases,  especially  in  such  of  the  English  local  gaols  as  have  vigorously 
•enforced  cellular  separation — the  effect  of  a  first  sentence  to  a  few  weeks  or 
months  of  this  punishment — has  proved  a  life-long  cure  of  crime."  But  he  also 
says,  "  When  cellular  imprisonment  becomes  absolute  solitude,  it  is  if  unduly  pro- 
longed a  serious  evil,  an  unwarrantable  cruelty,  an  outrage  on  humanit3^  Soli- 
tude is  one  thing,  wise  separation  is  another.  Continued  isolation  is  unnatural 
and  ruinous  to  mind  and  body,  whereas  separation  from  evil  association  only,  is 
most  beneficial  to  its  subjects." 

In  some  of  the  gaols  of  Ontario,  even  if  they  were  used  only  as  places  of  deten- 
tion for  those  awaiting  trial  and  for  those  who  having  been  sentenced  were  held 
for  removal  to  prison  or  asylum,  and  as  places  of  punishment  for  those  sentenced 
to  very  short  terms  of  imprisonment  the  number  of  inmates  would  sometimes  be 
large.  And  as  all  association  of  criminals,  no  matter  how  careful  the 
classification,  and  especially  association  in  idleness,  is  demoralizing,  the 
cellular  system  should  be  introduced  as  soon  as  possible  in  all  common 
gaols  in  which  it  can  be  introduced  without  great  cost.  This  system  has 
been  fully  adopted  in  all  the  gaols  and  local  prisons  in  Great  Britain,  and  to  its 
adoption  may  be  attributed  in  a  large  degree  the  wonderful  reduction  in  the 
prison  population  of  that  country.  Solitary  confinement  for  long  terms  is  gener- 
ally regarded  as  hurtful  to  mind  and  body.  But  solitary  imprisonment  for  a  short 
term  is  attended  with  no  danger  in  the  case  of  an  adult  and  is  usually  productive 
of  much  good.  By  its  means  the  degradatio-i,  the  loss  of  self  respect,  the  demor- 
alization which  are  the  almost  certain  consequences  of  association  even  for  a  brief 
period  with  the  profligate,  the  depraved  and  the  vile  are  avoided  and  the  deter- 
rent effects  of  such  imprisonment  are  generally  very  great.  Even  those 
who  regard  solitary  or  cellular  confinement  as  a  very  severe  form  of 
punishment,  admit  that  it  is  least  degrading,  and  give.s  the  prisoner  time 
and    opportunity  for  reflection   and  for  co  umn'     i.-;  witii  himself  ;   .ai  '  if  oithtr 


190 


through  dread  of  the  punishment  or  because  he  has  been  led  to  form  and  to  keep- 
resolutions  of  amendment  the  offen.ler  do  not  repeat  his  offence  the  chief  object 
01  punishment  is  thus  most  easily  attained.  Efforts  have  been  made  to  introduce 
this  sj'stem  in  the  county  gaols  of  the  United  States,  especially  in  the  state  of 
Ohio,  buc  as  yet  with  little  effecf.  Imprisonment  in  many  of  the  gaols  con- 
structed for  carrjdng  out  the  cellular  system  differs  very  little  from  imprison- 
ment in  the  common  gaols  of  Ontario.  We  must  look  therefore  to  (ireat 
Britain  for  knowledge  of  what  this  system  really  is  and  for  evidence  of  what 
its  effects  are  on  such  prisoners  as  are  found  in  the  common  gaols  of  Ontario. 
All  reports,  official  and  impartial,  agree  that  the  effects  are  good  and  even 
those  penologists  who  condemn  most  strongly  the  cellular  system  for  long  term 
prisoners  admit  that  it  is  not  only  salutary  when  applied  to  short  term  prisoners,, 
but  that  its  introduction  in  all  penal  institutions  in  which  short  term  prisoners 
are  kept  and  in  all  places  of  detention  must  be  the  foundation  of  any  complete 
system  of  prison  reform.  Means  for  relaxing  its  severity  in  the  case  of  persons 
awaiting  trial  and  of  those  held  as  witnesses  who  should  not  be  subject  to  punish- 
ment may  easily  be  devised. 

Where  the  gaol  population,  reduced  as  has  been  proposed,  becomes  very  small, 
the  stiuctural  changes  necessary  for  the  piactical  adoption  of  this  system  need 
not  be  expensiv^e.  Some  of  the  gaols  are  now  so  constructed  that  only  inexpen- 
sive changes  would  be  required  to  fit  them  for  the  accommodation  of  a  compara- 
tively large  number  of  prisoners  on  that  system,  at  any  rate  in  a  modified  torm. 
In  others  it  would  not  be  difficult  to  arrange  a  part  of  the  buildings  so  that  at 
least  short  term  prisoners  should  be  treated  according  to  this  system.  Whenever 
a  new  gaol  is  built  or  an  old  gaol  is  enlarged  or  reconstructed  care  should  be  tMken 
to  adapt  it  to  this  system.  Where  the  cellular  .system  cannot  he  introduced 
immediately  a  caieful  and  thorough  classification  of  prisoners  on  a  well  considered 
system  should  be  insisted  u|)on. 

Lahowr  in  Prison. 

From  the  very  earliest  days  of  prison  reform,  it  was  found  that  if  prisoners- 
were  to  be  reformed,  they  must  be  steadily  and  usefully  employed.  Labour  in 
prison  is  still  too  generally  regarded  as  punishment  and  the  words  "  with  hard 
labour,"  are  still  in  most  cases  attached  to  the  sentence  of  imprisonment.  That  real 
hard  labour  for  short  term  piisoners,  such  as  vagrants,  may  serve  as  a  useful 
deterrent  seems  fully  established  by  the  evidence  given.  All  prisoners  dis- 
like most  labour  that  is  unproductive.  It  is  to  make  his  punishment  more 
severely  felt,  that  the  felon  in  an  English  prison  is  for  the  first  three  months  kept 
at  work  that  is  wholly  or  nearly  unjjroductive  and  unprofitable.  It  is  however, 
as  a  means  of  reformation,  as  a  n.cans  of  accustoming  the  constitutionally  or 
habitually  idle  and  lazy  to  habits  of  industry,  as  a  means  of  pi-eparing  the  crimi- 
nal to  earn  an  honest  living  when  he  regains  his  liberty,  that  labour  in  prisons  is 
most  useful,  and  for  these  ]iurposes  productive  labour  is  unquestionably  best.  In 
all  well-conducted  prisons,  one  of  the  severest  kinds  of  punishment  is  what  some 
describe  as  "  a  deprivation  of  labour." 

In  the  Act  of  1779  for  the  establishment  of  penitentiaries  in  England,  it  was 
provided — Sec.  32 — "  That  every  such  governor  of  each  penitentiary  house,  shall 
during  the  time  prescribed  for  the  imprisonment  and  hard  labour  of  such  offender 
keep  him  or  her  so  far  as  may  be  consistent  with  his  or  her  sex,  age,  health  and 
ability,  to  labour  of  the  hardest  and  m'  st  servile  kind  in  which  drudgery  is 
chiefiy  required  and  where  the   work  is  little  liable  to  be  spoiled  by  ignorance^ 


191 


neglect  or  obstinac}-,  and  where  the  materials  or  tools  are  not  easily  stolen  or  em ' 
bezzled,  such  as  treading  in  a  wheel  or  drawing  in  a  capstan  for  turning  a  mil 
or  other  machine  or  engine,  sawing  stone,  polishing  marble,  beating  hemp,  rasp- 
ing logwood,  chopping  rags,  making  cordage,  and  any  other  hard  or  laborious 
service  ;  and  those  of  less  health  and  ability,  regard  also  being  had  to  age  and  sex, 
in  picking  oakum,  weaving  sacks,  spinning  yarn,  knitting  nets,  or  any  other  less 
laborious  employment.  And  if  the  work  to  be  performed  by  any  such  offenders 
shall  be  of  such  a  nature  as  may  require  previous  instruction,  proper  persons  shall 
be  provided  to  give  the  same."  And  the  34th  section  provides,  "  that  such  offen- 
ders shall  be  employed  in  work  in  the  said  penitentiary  houses  every  day  in  the 
year  except  Sundays,  Christmas  Day  and  Good  Fiiday,  and  also  except  such  days 
when  ill-health  will  not  allow  of  their  working  ;  and  the  hours  of  work  in  each 
day  shall  be  as  many  as  the  season  of  the  year,  with  the  interval  of  half  an  hour 
for  breakfast,  and  an  hour  for  dinner  will  permit,  but  not  exceeding  eight  hours  in. 
the  months  of  November,  December  and  January,  nine  hours  in  the  months  of 
February  and  October,  and  ten  hours  in  the  rest  of  the  year." 

Years  elapsed  before  constant  organised  labour  was  introduced  in  all  the 
prisons  of  England.  In  all  civilized  countries  labour  is  regarded  as  essential  to 
discipline  and  good  management  in  prisons  and  as  a  means  for  the  reformation  of 
prisoners.  In  England,  and  in  some  count  ies  of  continental  Europe,  laboiir  is  still 
legarded  as  part  of  the  punishment  of  the  prisoners  and  to  render  this  punish- 
ment more  severe,  the  convicts  in  the  English  prisons  are  for  a  time  employed  in 
work  that  is  useless  and  unproductive.  In  the  United  States  the  prevailing 
opinion  is  that  unproductive  work  does  a  prisoner  more  harm  than  good  and 
promotes  neither  discipline  nor  reformation  ;  and  the  practice  in  all  the  principal 
prisons  of  that  countr}^  is  in  accordance  with  this  opinion.  Indeed,  it  has  often 
been  asserted  that  the  managers  of  prisons  in  the  United  States  seek  only  to 
make  the  prisons  self-sustaining  and  that  seeking  only  to  save  the  ratepayers 
from  taxation  they  care  little  about  the  reformation  or  the  future  welfare  of  the 
prisoners.  In  Great  Britain,  however,  after  the  period  of  solitary  confinement, 
the  prisoners  are  employed  in  labour  that  is  regarded  as  productive. 

In  what  kind  of  work  prisoners  should  be  employed  has  always  been  a  per- 
plexing question.  Where  the  cellular  or  separate  system  is  in  operation,  ther^  is 
not  much  room  for  choice.  And  in  those  prisons  called  workhouses  or  houses  of 
correction  in  the  United  States,  in  which  the  greater  number  of  the  inmates  are 
confined  for  short  terras,  it  has  been  found  expedient  to  adopt  mainly  those 
occupations  in  which  no  great  degree  of  skill  is  required.  In  the  state  prisons  of 
the  United  States,  even  where  labour  was  generally  regarded  as  punishment,  there 
was  naturally  a  tendenc}^  to  employ  the  prisonei's  in  those  occupations  in  which 
their  labour  would  yield  the  largest  pecuniary  return.  This  in  many  cases,  led  to 
a  competition  between  the  products  of  convict  and  of  free  labour  which  the  labour 
organizations  regu-i .' u  I  as  uufair  to  the  hunest  workman.  When  the  managers  of 
prisons  began  to  regard  the  reformation  of  prisoners  and  their  restoration  to 
society,  in  some  position  in  which  they  could  earn  an  honest  living,  as  the  purposes 
for  which  they  should  strive,  a  greater  diversity  of  occupations  was  introduced. 
Then  the  competition  was  keenly  felt  in  those  trades  in  which  a  comparatively 
small  number  of  workmen  are  engaged.  This  competition  was  rendered  more 
trying  and  exasperating  by  the  introduction  in  the  prisons  of  what  is  known  as  the 
contiact  system.  The  contractor  under  this  system  pays  much  less  for  the  day's 
labour  of  each  prisoner  than  even  unskilled  labour  is  worth  in  the  open  market 
and  he  is  thus  enabled  to  undersell  the  outside  manufacturer  and  yet  realize  large 
profits.  Generally,  the  prison  contractor,  desirous  of  selling  to  the  best  customers 
in  large  quantities,  did  sell  at  prices  which  the  employers  of  free  labour  found 


102 


unprofitable  and  in  some  cases  small  factories  were  crushed  by  this  competition' 
_^his  is  said  to  have  been  especially  notable  in  the   hat-making  and  some  other 
'com^^a-'^'^tively  small  trades.     It  was  argued  that  in  the  United  States  the  whole 
prodacb  of  prison  labour  amounted  to  no  more  than  one  half  of  one  per  cent,  of 
the  value  Oi.'^  ^^^  products  of  all  skilled  labour — some  asserted  that  it  was  not 
more  than  a  fifiJ  ^^  '^^^  per  cent. — and  that  in  the  manufactures  in  which  prisoners 
were  chiefly  employeJ;  the  production  of  prison  labour  in  no  case  exceeded  two 
jper  cent,  of  the  whole.     The  reply  was,  that  even  two  per  cent,  addition  to  the 
^enei-al  production,  was  a  serious  matter  and  that  the  reduction  in  prices  was  such 
S,s   to  render  it  impossible   for  the  honest  workman  to  support  his  family  in 
decency  and  comfort.     It  was  argued  that  the  prisoner  did  not  lose  his  right  to 
work,  or  his  right  to  compete  with  others  when  he  was  sentenced  to  imprisonment. 
The  reply  to  this  was  that  the  competition  was  unfair  ;  that  in  many  cases  long 
terra  prisoners  received  at  the  expense  of  the  state  a  literary,  scientific  and  tech- 
nological education  such  as  the  honest  working  man  could  not  give  his  sons  ;  that 
the  state  provided  for  the  prisoners,  a  dwelling,  workshops  and  machinery,  and 
in  not  a  few  cases  paid  part  of  the  cost  of  their  food  and  clothing  also  ;  and  that 
the  prisoners  did  not  support  families  or  contribute  to  the  support  of  the  state, 
whose  burdens  indeed  they  increased.     Even  in  England,   although   the  feeling 
which  found  expression  in  the  Act  of  1799  still  pervaded  the  management  of  the 
prisons  and  labour  Tvas  regarded  as  punishment  and  mere  drudgery  was  regarded 
as  the  appro])riate  work  of  prisoners  and  much  of  the  work  in   which  prisoners 
were  engaged  was  unproductive  and  much,  such  as  the  construction  of  harbours 
and  fortifications  was  undertaken,  mainly  in  order  to  provide  employment  for 
convicts,  the  feeling  against  the  competition  of  prison  labour  was  so  strong  as  to 
influence  the  action  of  Parliament.     Generally,  the  boards  of  prison  commissioners 
are  empowered  to  make  regulations  respecting  the  labour  to  be  done  in  prisons, 
the  approval  of  the  secretary  of  state  being  required  to  give  those  rules  validity ; 
but  an  Act  of  1877,  (40  and  41  Vic,  Ch.  49)  provides,  (Sec.  16), "  Whereas,  it  is  ex- 
pedient that  the  expense  of  maintaining  in  prison,  prisoners  who  have  been  con- 
victed of  crime,  .should  in  part  be  defraj-ed  by  their  labour  during  the  period  of 
their  imprisonment  and  that  with  a  view  of  defraying  such  expenses  and  also  of 
teaching  prisoners  modes  of  gaining  honest  livelihoods,  means  should  be  taken 
for  promoting  in  prison  the  exercise  of,  and  instruction  in  useful  trades  and  manu- 
factures so  far  as  may  be  consistent  with  a  due  regard   on  the  one  hand,  to  the 
maintenance  of  the  penal  character  of  prison  discipline  and  on  the  other,  to  the 
avoidance  of  undue  pressure  on  or  competition  ivith  a  particular  trade  or  in- 
dustri/,"  an  annual  report  of  the  trades  and  manufacturing  processes  carried  on 
in  each  of  the  prisons,  be  laid  before  Parliament. 

A  farm  was  attached  to  Dartmoor  convict  prison  and  on  this,  58,468  days' 
work  valued  at  £2,678  was  done  in  one  year.  In  the  same  year  45,905  days' 
work  valued  at  £3,649  was  done  in  what  is  described  as  manufacturing,  this  be- 
ing the  work  of  tailors,  hammock  makers,  knitters,  shoemakers,  basket  makers, 
blacksmiths,  carpenters,  tinmen  and  painters.  82,531  days'  work  was  done  on 
the  prison  buildings  and  48,750  days'  work  in  what  is  called  prison  employment. 
At  Chatham,  the  convicts  were  employed  in  work  for  the  admir.ilty  and  the  war 
department  on  the  prison  buildings  and  other  prison  work  They  were  employed 
in  the  same  way  in  the  Portland  convict  prison,  and  others.  In  Pentonville,  the 
work  classed  as  manufacturing  was  six-sevenths  of  the  whole  and  was  divided 
amongst  tailors,  shoemakers,  weavers,  mat  and  brush  makers,  hammock  makers, 
bag  makers,  knitters,  pickers,  smiths  and  fitters,  carp-'nters,  v  linters  and  tinmen. 
In  the  Millbank  prison  seventh-eighths  of  the  em  i.oyin  nt  's  :!a'.  '  a  nanufa  •- 
tures,  but  is  the  work  chiefly  of  tailors,  pickers  (oakuxn),  .„n  I  in^-     i  u-ce  >      A-  m 


193 


some  of  the  other  prisons  printing  and  bookbinding  is  carried  on.  Of  oakum 
picking,  which  he  describes  as  a  depressing,  irritating  and  all  but  useless  task,  the 
medical  officer  of  this  prison  says  that  it  is  calculated  to  sour  and  perhaps  wreck 
the  mind.  The  labour  in  other  convict  prisons  varies  according  to  location  and 
other  circumstances. 

The  Prison  Commissioners  of  Scotland  in  their  report  for  1888-9  say:  "  The 
•execution  of  large  works  of  public  utility  by  the  help  of  the  labour  of  prisoners 
sentenced  to  penal  servitude  has,  as  a  system  of  discipline  been  in  operation 
in  England  about  fifty  years  ;  but  in  Scotland  it  is  an  entirely  new  departure  in 
the  history  of  criminals.  As  the  public  works  in  England  were  drawing  to  a 
-<;lose,  a  committee  was  appointed  by  the  Treasury  in  1881  to  inquire  into  the 
best  method  of  employing  convicts.  .  .  The  construction  of  a  national 
harbour  at  Peterhead  was  resolved  on  and  the  work  has  now  begun." 

In  the  Irish  convict  prisons  some  of  the  prisoners  were  employed  in  tailoring, 
shoemaking,  wood  cutting,  stone-breaking  and  mat-making,  some  in  gardening, 
some  in  repairs  and  improvements  of  the  buildings  and  a  number  in  the  cooking, 
washing  and  house  work. 

The  competition  of  convict  labour  is  not  very  formidable  in  Great  Britain 
^nd  Ireland. 

Neither  does  the  labour  of  those  in  the  local  prisons  come  largely  into  com- 
petition with  free  labour.  The  Act  28  and  29  Vic,  chap.  126,  (Prisons  Act  of 
1865),  passed  while  the  county  gaols  were  still  managed  by  the  justices  of  each 
■county  in  session  provided  that  "  Hard  labour  for  the  purposes  of  this  Act  shall 
be  of  two  classes  consisting  first  of  work  at  the  tread-mill,  shot  drill,  capstan, 
stone-breaking  or  such  other  like  description  of  hard  bodily  labour  as  may  be  ap- 
pointed by  the  justices  in  sessions  assembled,  with  the  approval  of  the  Secretary 
of  State,  which  work  is  hereinafter  referred  to  as  hard  labour  of  the  first  class. 

.  .  Provided  that  employment  in  the  necessary  services  of  the  prison  may 
in  the  case  of  a  limited  number  of  prisoners,  to  be  selected  by  the  visiting  justices 
as  a  reward  for  industry  and  good  behaviour  be  deemed  to  be  hard  labour  of  the 
second  class." 

Since  local  district  prisons  under  immediate  control  of  the  government  have 
been  substituted  for  the  county  gaols  the  introduction  of  various  kinds  of  work 
.has  been  found  expedient  but  much  of  the  time  of  the  prisoners  is  still  spent  in 
unprofitable  woi'k.  The  commissioners  of  prisons  in  their  report  for  1890 — p. 
53 — say  under  the  heading  Means  for  first  class  hard  labour  :  "  The  recognised 
apparatus  for  the  employment  of  prisoners  at  first  class  hard  labour  have  hither- 
to been — the  tread-wheel;  cranks  in  connection  with  deep  well  pumps,  fiour  mills, 
€tc.,  with  a  separate  compartment  for  each  prisoner;  separate  cranks  with  a  fixed 
resistance  for  prisoners  in  their  cells,  unproductive  ;  capstans  for  pumping  water  " 
and  they  add  that  "  In  the  larger  prisons  the  tread-wheel  has  been  utilized  in 
pumping  water,  grinding  corn,  sawing  wood,  dressing  mats,  etc.  In  many  cases 
it  used  formerly  to  be  constructed  without  any  view  to  useful  work,  but  the 
■commissioners  have  when  piacticable  built  fiour  mills,  and  introduced  gearing  so 
as  to  utilize  the  tread- wheels  in  a  better  manner,  and  provide  fiour  for  the  prison- 
er's bread."  The  prisoners  not  beiug  numerous  enough  to  work  the  tread-wheel 
in  some  cases  "  separate  cranks  have  been  provided  in  the  cells."  "  Steps  are 
being  taken  to  abolish  the  capstans  (where  they  still  exist)  because  they  place 
the  prisoners  too  much  in  association  "  and  "  cranks  in  cells  or  in  separate  com- 
partments will  be  provided  in  lieu  of  them."  From  this  it  would  seem  that  the 
shot  drill  has  been  abandoned,  but  the  other  methods  of  labour  punishment  are 
retained.  The  part  of  the  report  received  by  the  commissioneis  does  not  state 
13  (p.c.) 


194 


what  productive  employments  are  carried  on  in  the  English  local  prisons  but  it 
states  that  "  \Yorkshops  for  prisoners  employed  in  the  building  trades  such  as 
carpenters,  smiths,  tinsmiths,  painters,  etc.,  have  been  buiJt  or  re-arranged  at  23 
prisons,"  that  "  at  Wakefield  large  weaving  and  dyeing  sheds  have  been  construct- 
ed and  machinery  fitted  for  the  shearing  of  mats,  weaving,  etc.,  and  a  complete 
foundry  established  in  connection  with  the  carpenters  and  smith's  shops  ;  "  that 
"  at  Liverpool  a  shed  for  twine  spinning  has  been  lengthened  and  improved  ; " 
that  '•  at  Wandsworth  shops  have  been  constructed  for  brush-makers,  bookbind- 
ers, shoemakers  and  tailors  in  addition  to  the  usual  shops  for  the  building  trade," 
and  that  "  wash  houses  and  laundries  have  been  built  or  improved  at  31  prisons." 

In  the  Scotch  local  prisons  besides  the  work  done  by  bricklayers  or  masons, 
carpenters,  painters  and  glaziers,  plumbers,  gasfitters,  smiths  and  labourers  on 
the  prison  buildings  and  the  baking,  cooking,  cleaning,  washing  and  other  house 
work  prisoners  are  employed  in  either  carpenter  work  and  baking,  in  fender 
making,  net-making,  mat-making,  hair  teasing,  sack  making,  shoemaking,  tailor- 
ing, picking  oakum  and  Angola  tubes.  The  gross  amount  received  from  purchas- 
ers of  work  in  all  the  prisons  of  Scotland  in  1888  was  £9,825  10s  6d,  and  the 
amount  paid  for  matei'ials  was  £6,160  3s  4d,  leaving  after  some  other  trifling 
deduction  £3,665  7s  2d  as  the  value  of  all  the  labour  expended  on  goods  placed 
on  the  market.  These  sums  include  the  amounts  received  and  paid  at  the  Bar- 
linnie  and  Perth  general  prisons  and  £6  14s  received  at  the  Peterhead  convict 
prison  for  goods  the  materials  of  which  cost  £7  Ss  6d. 

In  the  Irish  local  prisons  the  work  is  of  very  much  the  same  character  as  that 
in  the  Scotch  prisons.  In  the  Belfast  prison  23U  males  and  96  females  were  em- 
ployed in  1888  in  what  are  called  manufactures.  The  occupations  were  mat-mak- 
ing, shoemaking,  tailoring,  sack-making,  cutting  linen,  picking  oakum,  stone- 
breaking,  carpet  cleaning,  making  firewood,  tinsmith  work,  washing  and 
knitting  and  needle  work.  The  value  of  all  the  work  done  by  the  prisoners  so 
employed  is  set  down  as  £1,264  18s  7d  or  less  than  £4  a  year  for  each  prisoner. 
In  Cork  male  prison  in  which  brush  making  and  coopers'  work  are  also  carried  on 
104  prisoners  earned  £319  8s  3d.  In  all  these  prisons  the  improvements  and  re- 
pairs of  the  buildings  and  the  "  ordinary  service  of  the  prison  "  are  the  chief  oc- 
cupation. 

In  the  United  States  competition  with  prison  labour  was  a  much  more  seri- 
ous matter.  Except  in  the  south  each  state  had  at  least  one  great  prison  in  which 
from  600  to  1,500  men  were  employed  in  manufacturing  furniture,  stoves,  iron 
hollow-wai'e,  agricultural  implements,  shelf  hardware,  harness  and  trunks, 
boots  and  shoes  and  various  other  articles.  New  York  had  three  such  prisons 
and  Pennsylvania  two.  In  every  state  there  were  also  minor  prisons  called 
houses  of  correction  or  work-houses  in  each  of  which  from  200  to  400  prisoners 
were  employed  mainly  in  some  special  manufacture  such  as  chair  making  or 
brush  making.  In  1882  the  expenditure  on  the  State  prisons  of  New  York 
was  8415,660  and  the  profits  of  the  prison  manufactures  exceeded  that  amount 
by  $564.35.  In  Sing  Sing  prison  the  miscellaneous  and  contract  earnings 
amounted,  in  1886,  to  $242,041  or  an  average  of  $153.97  for  each  prisoner. 
Although  these  amounts  are  small  compared  to  the  value  or  the  products  of  all 
the  labour  engaged  in  manufacturing  in  the  state,  the  labour  organizations  made 
strenuous  and  successful  efforts  to  get  rid  of  the  competition  which  they  contended 
was  exceedingly  injurious  to  honest  workmen.  An  Act  of  the  State  Lecrislature 
was  passed  which  in  substance  forbade  the  use  of  machinery  in  the  prisons,  and 
provided  that  only  such  articles  as  were  required  in  the  public  institutions  should 
be  manufactured.    Warden  Brush,  of  Sing  Sing,  stated  in  his  report  for  1888  that. 


195 


the  effect  of  this  was  to  doom  nearly  all  the  prisoners  to  enforced  idleness. 
"  Over  a  thousand  men,"  he  said,  "  are  now  locked  in  their  cells  in  this  prison 
with  nothing  to  do.  They  are  exercised  about  four  times  a  day  by  walking- 
them  in  the  yard.  Idleness  in  a  prison  is  horrible  to  contemplate  especially  to 
prison  officials  who  understand  fully  its  consequences.  The  prisoners  soon 
become  restless,  unhappy  and  miserable.  Time  with  them  passes  slowly.  Their 
bodies  soon  become  unhealthy  and  the  mind  must  become  diseased.  In  fact 
nothing  but  disease,  insanity  and  death  can  be  expected  from  this  condition.  Idle- 
ness in  prison,"  he  said,  "  is  a  crime  on  the  part  of  the  State  against  the  prisonei's, 
a  wrong  to  the  tax-payer  and  a  wrong  to  the  property-ov/ner.  Under  the  pro- 
ductive labour  system  nearly  every  prisoner  when  discharged  was  able  to  earn  a 
living;  under  the  system  of  idleness  the  prisoner  when  discharged  has  no  muscle, 
no  habits  of  industry,  no  trade;  he  must  of  necessity  prey  upon  the  property-owner 
for  a  bare  subsistence  and  he  at  once  becomes  a  dangerous  element  in  society." 
In  his  report  of  1886,  the  Superintendent  of  the  New  York  State  prisons  asked, 
"  Shall  prison  administration  and  discipline  be  shaped  to  reform  the  young  men 
who  form  the  considerable  majority  of  our  State  prison  population  ? "  and  he 
said,  "  All  our  efforts  and  all  our  agencies  are  abortive  ;  all  of  them  are  defeated 
when  the  men  are  refused  occupation  at  continuous  industry  and  productive 
labour.  Shall  our  State  prisons  become  instruments  to  make  men  worse,  to 
destroy  them,  to  degrade  their  bodies,  to  wreck  their  minds,  to  debauch  their 
morals  ?  "  In  his  repoi't  of  1889  he  said  that  while  the  prisoners  were  kept  steadily 
at  work,  "  there  was  not  a  man  among  them  who  was  not  by  reason  of  such 
labour  a  better  man  as  a  prisoner  and  better  for  the  prospective  free  man  and 
citizen  he  was  to  be.  The  criminals  were  deprived  of  the  salutary  influence  of 
the  most  regenerating  remedy  that  prison  reformers  ever  found  for  relief  and 
reform.  Sickness,  insanity  and  death  attacked  the  wretched  imprisoned  men  as 
they  never  did  before  under  the  reform  industrial  system  of  management.  The 
reports  of  the  wardens,  physicians  and  chaplains  show  that  the  moral  and  sanitary 
condition  of  the  prison  population  culminated  in  its  highest  excellence  during: 
that  period  in  which  work  was  most  regular."  The  change  was  introduced  in 
the  Auburn  prison  at  an  earlier  date  and  the  v/arden  reported :  "  In  the 
brief  period  which  has  elapsed  since  systematic  daily  labour  was  aban- 
doned, impaired  health  is  apparent  in  many  cases,  disobedience  and  a  reckless 
disregard  of  the  rules  of  the  prison  are  more  frequent,  discontent  is  on  the  in- 
crease and  the  evil  tendencies  of  bad  natures  are  gradually,  but  surely  developed." 
The  prison  physician  reported  tliat  the  prison  officials  were  doing  all  in  their 
power  to  counteract  the  evil  effects  of  enforced  idleness,  but  "  struggle  as  they 
may  pale  faces,  ruined  constitutions  and  immoral  habits  must  be  the  inevitable 
result.  Men  will  stand  confinement  for  a  short  period,  but  continuous  confine- 
ment is  inhuman  and  cruel  and  has  not  the  least  aspect  of  Christian  civiliza- 
tion." The  chaplain  said,  "  Those  who  have  been  so  long  without  work  seem  to 
be  falling  into  a  kind  of  semi-fatuous  condition,  some  very  near  insanity,  forty- 
three  having  been  sent  to  the  asylum  for  insane  convicts  during  the  past 
year,  while  immoral  habits  are  sending  many  to  the  hospital.  I  do  not  believe 
the  State  fully  realizes  the  immense  amount  of  mental  torture  and  distress 
this  punishment  of  idleness  is  inflicting  on  these  men.         .  .         This  tax 

upon  the  brain  is  far  worse  than  to  cover  the  body  with  scars.  Wounds  on  the 
body  will  heal  but  the  defective  brain  keeps  on  its  rapid  decline  until  mind  and 
body  cease  to  act  and  think,  and  drop  together  into  the  grave."  In  his  report 
for  1889,  the  physician  of  the  Sing  Sing  prison  says,  "The  abolition  of  all  forms 
of  productive  industry  was  a  crime  against  humanity,  an  outrage  upon  the 
physical,  mental  and  moral  well-being  of  the  convicts  without  even  a  shadow  of 


196 


propriety  and  utterly  devoid  of  excuse  as  a  matter  of  public  policy.^  In  this 
institution  it  has  resulted  in  unquestioned  general  physical  and  mental  deteriora- 
tion, an  increased  hospital  record,  a  death  rate  swelled  by  more  than  fifty  per 
-cent,  and  a  deplorably  increased  insane  list."         .         .  There  are  physiologi- 

cal evils  directly  connected  with  this  idle  condition  which  are  unfortunate  in 
themselves,  far-reaching  in  their  ramification  and  which  will  cling  to  many  of 
the  convicts  while  they  Flive.  From  October  1st,  1887,  to  September  30th,  1888, 
out  of  a  daily  average  of  1,534,  only  four  were  sent  to  the  asylum  for  insane 
•convicts.  For  the  year  just  closed  out  of  a  daily  average  of  1,448,  thirteen  were 
sent  to  the  asylum." 

It  was  well  perhaps  that  the  evil  efiect  of  enforced  idleness  on  long  term 
prisoners  should  thus  be  manifested  to  a  people  so  ready  to  make  experiments  in 
everything.  In  some  of  the  prisons  the  effect  of  the  law  relating  to  labour  was 
not  so  bad.  When  the  comissioners  visited  the  penitentiar}^  on  Black  well's 
Island,  a  municipal  institution  in  which  over  eleven  hundred  men  were  then  con- 
fined, the  only  "  power  "  used  in  the  immense  workshops  was  that  furnished  by 
the  labour  of  two  gangs  of  men  who  worked  alternately  in  turning  a  great  wheel. 
In  this  prison  the  manufacture  of  iron  bedsteads  and  other  articles  required  in 
the  charitable  and  penal  institutions  of  the  city  seemed  to  afford  sufficient 
employment  at  the  time.  At  the  Elmira  reformatory  250  men  were  employed 
in  the  manufacture  of  hardware,  191  in  making  brushes,  68  in  making  brooms, 
31  in  making  tinware,  39  in  making  chairs,  32  in  making  pipes  and  wooden 
novelties,  25  in  making  packing  and  paper  boxes  and  218  were  otherwise 
■engaged  when  the  law  went  into  operation.  Now  the  law  prohibits  expressly  the 
employment  of  prisoners  in  the  reformatory  at  making  either  stoves  or  hollow- 
ware;  in  effect  it  prevents  chair-making, brush-making,  broom-making  or  pipe-mak- 
ing and  limits  the  number  to  be  employed  in  the  manufacture  of  hardware  to 
120  and  in  making  tinware  to  25  ;  woodturning  is  also  permitted.  The  loss  in 
this  institution  is  chiefly  pecuniary.  Technological  instruction  has  been  largely 
substituted  for  productive  emploj'ment.  Men  taught  bricklaying  or  plastering, 
pull  down  the  walls  as  soon  as  they  are  built  and  the  mortar  before  it  dries. 
Men  tauo-ht  stone-cutting,  cut  the  same  stone  over  and  overaofain  until  none  is  left. 
Militar}^  training  and  gymnastic  exercises  occupy  much  of  the  time  that  but  for 
the  change  in  the  law  would  probably  be  devoted  to  productive  labour. 

The  New  York  law  of  1889,  the  latest  on  this  subject  it  is  believed,  pro- 
vides that  the  prisoners  in  each  state  prison  shall  be  instructed  in  the  trades  and 
manufactures  conducted  in  the  prison  or  in  other  industrial  occupations,  and 
also  in  the  useful  branches  of  an  English  education,  the  time  devoted  to  literary 
instruction  not  being  less  than  an  average  of  an  hour  and  a-half  daily,  Sun- 
days excepted,  between  the  hours  of  six  and  nine  in  the  evening.  For  indus- 
trial and  other  purposes  the  prisoners  are  to  be  divided  into  three  classes  or 
grades,  "  those  who  appear  to  be  corrigible  and  less ;  those  appearing  to  be  incor- 
rigible or  more  vicious  but  so  competent  to  work  and  reasonably  obedient  to 
prison  discipline  as  not  seriously  to  interfere  with  the  productiveness  of  their 
labour  or  the  labour  of  those  in  company  with  whom  they  may  be  employed, 
^nd  those  appearing  to  be  so  incorrigible,  insubordinate  or  incompetent  as  to 
seriously  interfere  with  the  discipline  of  the  prison  or  the  productiveness  of  the 
labour."  The  labours  of  the  prisoners  of  the  first  grade  the  law  declares  "  shall 
be  directed  with  reference  to  fitting  the  prisoner  to  maintain  himself  by  honest 
industry  after  his  discharge,  as  the  primary  or  sole  object  of  such  labour  and 
such  prisoners  may  be  employed  at  hard  labour  for  industrial  training  and 
instruction  solely,  even  though  no  useful  or  saleable  products  result  from  their 


197 


labour ;  but  only  in  case  such  industrial  training  or  instruction  can  be  more 
effectively  given  in  such  manner.  The  labour  of  prisoners  of  the  second  grade 
shall  be  directed  primarily  to  the  production  of  the  greatest  amount  and  value 
of  useful  and  saleable  products,  but  secondarily  to  fitting  such  prisoners  to  main- 
tain themselves  by  honest  industry  after  their  discharge  from  prison,  even  though 
their  labour  be  rendered  thereby  less  productive.  The  labour  of  the  prisoners  of 
the  third  grade  shall  be  directed  solely  to  such  exercise  as  shall  tend  to  the  pre- 
servation of  health  or  the  manufacturing,  without  the  aid  of  machinery,  of 
such  articles  as  are  needed  in  the  public  institutions  of  the  State  or  such  other 
manual  labour  as  the  Superintendent  of  State  prisons  shall  direct  which  shall 
not  compete  with  free  labour."  This  division  into  classes  Mr.  Russell,  Warden 
of  the  Massachusetts  State  prison,  regards  as  "  an  advance  in  prison  management." 
The  Superintendent  is  required  to  cause  all  prisoners  "physically  capable  thereof  to 
be  employed  at  hard  labour  for  not  to  exceed  eight  hours  of  each  day  other  than 
Sundays  and  public  holidays."  By  another  section  the  Superintendent  is  required 
to  "  select  diversified  lines  of  industry  with  reference  to  interfering  as  little  as  pos- 
sible with  the  same  lines  of  industry  carried  on  by  the  citizens  of  the  State,  and 
also  with  reference  to  employing  the  prisoners  so  far  as  is  practicable  in  occupations 
in  which  they  wall  be  most  likely  to  obtain  employment  after  their  discharge." 
Another  section  says,  "  the  total  number  of  prisoners  employed  at  one  time  in 
manufacturing  one  kind  of  goods  which  are  manufactured  elsewhere  in  the 
State  shall  not  exceed  five  per  centum  of  all  persons  within  the  State  employed 
in  manufacturing  the  same  kind  of  goods  as  shown  by  the  last  United  States 
census  or  State  enumeration  except  in  industries  in  which  not  to  exceed  fifty  free 
labourers  are  employed  ;  provided  that  not  more  than  one  hundred  prisoners  shall 
be  employed  in  all  the  prisons  of  the  State  in  the  manufacture  of  stoves  and 
iron  hollow-ware,  and  that  not  more  than  one  hundred  prisoners  shall  be 
employed  in  all  the  prisons  of  the  State  in  the  manufacture  of  boots  and  shoes, 
and  provided  further,  that  no  prisoner  shall  be  employed  upon  any  one  of  the 
said  specified  industries  in  any  of  the  penitentiaries,  reformatories  or  houses 
of  correction  in  the  State,  except  in  making  articles  for.  use  of  the  public 
institutions  of  the  State."  The  Superintendent  is  to  cause  articles  required  for 
the  public  institutions  to  be  manufactured  in  the  prisons.  Such  goods  are 
obtained  on  requisition  from  the  managers  of  the  institutions,  and  the  prices  are 
fixed  by  a  board  composed  of  the  Comptroller,  the  Superintendent  of  prisons  and 
the  President  of  the  State  Board  of  Charities,"  and  no  article  so  manufactured 
shall  be  purchased  for  the  purpose  of  such  institutions  unless  the  same  cannot 
be  furnished  upon  such  requisitions." 

The  limitation  as  to  the  number  of  prisoners  to  be  employed  in  any  industry 
has  been  found  to  be  most  embarrassing  by  w^ardens  and  superintendents.  In 
several  cases  the  limitation  rendered  unprofitable  industries  previously  profitable. 
Sing  Sing,  which  in  188C  had  a  surplus  of  S75,066,  had  in  1889  a  deficit  of 
8131,738.  The  labour  problem  was  still  unsolved, several  new  industries  were  under 
experiment.  On  September  80th,  1889,  59  were  employed  in  laundry  industry, 
43  in  stove  industry,  100  in  the  shoe  industry,  168  in  picking  and  sorting  rags, 
17  in  making  overalls,  233  in  making  clothing,  and  168  in  w^hat  is  described 
as  the  manufacturing  account  industry  ;  302  were  employed  in  various  domestic 
and  other  occupations,  and  296  were  idle — making  a  total  of  1,386.  The  reports 
from  the  other  prisons  of  the  State  were  similar.  Five  hundred  of  the  prisoners 
in  the  Auburn  prison  were  still  idle  because  the  warden  was  unable  to  select 
what  industries  it  was  suitable  to  carry  on  by  convict  labour  within  the  limits 
of  the  law.  In  the  Clinton  prison  with  a  population  of  850  employment  of  a 
desiiltory  kind  had  been  found  for  only  68  men.     Mr.  Brockway  in  his  report 


198 


for  1889  says,  '' the  approved  plan  for  carrying  out  this  law  is  to_  introduce 
several  manufacturing  industries  diversified  to  meet  the  capabilities  of  the 
prisoners." 

In  the  State  of  Massachusetts  similar  laws  were  passed  for  the  regulation  of 
prison  labour.  In  1883  it  was  enacted  that  "  the  number  of  inmates  of  any 
prison  in  this  commonwealth  who  may  be  employed  in  the  industries  hereinafter 
named  should  be  limited  as  follows  :  in  the  manufacture  of  men's,  boys'  and 
youths'  boots  and  shoes  not  more  than  150  ;  in  the  manufacture  of  women's,missess' 
and  children's  boots  and  shoes  not  more  than  150  ;  in  the  manufacture  of  hats  not 
more  than  150  ;  in  the  manufacture  of  brushes  not  more  than  100  ;  in  the  manu- 
facture of  wood  mouldings  not  more  than  100  ;  in  the  manufacture  of  harness  not 
mure  than  100  ;  or  in  any  other  industry  not  to  exceed  150.  This  continues  in  force 
in  part  as  an  Act  of  1888  provides  that  '  the  number  of  persons  employed  in  any 
industry  in  the  State  prison,  Massachusetts  reformatory  or  reformatory  prison 
for  women,  or  in  any  house  of  correction  shall  not  exceed  one-twentieth  of  the 
number  of  persons  employed  in  such  industry  in  the  state  according  to  the 
classification  given  in  the  census  of  1880,  unless  a  larger  number  is  needed  to 
produce  articles  to  be  supplied  to  state  and  county  institutions.  If  said  classifi- 
cation does  not  give  the  number  employed  in  any  industry  in  the  State  the  limit 
to  the  number  who  may  be  so  employed  in  any  institution  in  any  industry  shall 
be  as  provided  by  chapter  217  of  the  Acts  of  the  year  1888  ;  provided,  however, 
that  250  prisoners  may  be  employed  in  the  manufacture  of  brushes  at  the  house 
of  correction  at  Cambridge  upon  the  public  account  system  so  called.  The  Act 
of  1887  provided  that  "  No  new  machinery  to  be  propelled  by  other  than  hand 
or  foot  power  shall  be  used  in  any  such  institutions." 

The  warden  of  the  Massachusetts  State  prison  has  been  able  to  provide 
employment  for  the  580  prisoners  in  his  charge ;  but  when  some  of  the  commis- 
sioners visited  the  prison  he  complained  of  the  legal  restrictions  as  hampering 
him  very  much  and  compelling  him  to  employ  several  of  the  prisoners  at  unpro- 
fitable work.  In  his  report  he  anticipates  that  much  of  the  machinery  which 
he  is  not  allowed  to  replace  will  be  worn  out  and  will  cost  more  for  repairs  than 
new  machinery  would  cost,  and  says  :  "  I  am  satisfied  that  unless  we  have  the  same 
chance  that  other  manufacturers  have  we  cannot  make  the  prison  self-support- 
ing. The  legislature  would  help  the  prisoner  to  help  himself  in  no  way  better 
than  to  teach  him  how  to  work  with  the  implo'iients  used  in  the  best  shops  out- 
side the  prison.  Many  of  the  men  here  have  f^uch  employment  and  easil}^  adapt 
themselves  to  such  conditions.  Teach  a  young  man  to  work  by  the  best 
methods,  even  at  a  loss,  while  he  is  under  apprenticeship  and  then,  if  he  is  bound 
to  return  to  prison  put  him  at  least  where  he  can  do  no  harm  to  others." 

The  receipts  of  the  Massachusetts  state  prison  were  for  brushes  $36,023;  for 
work  in  gilding  $36,737;  for  harness  department  $54,273  ;  for  shoe  department 
$148,544;  for  trunks  $12,034;  for  tinware  $2,290;  for  wire  beds  $468;  total 
$290,372  on  which  deducting  cost  of  materials  and  tools  and  the  amounts  paid  as 
salaries  there  was  a  profit  of  $65,511,  the  total  number  of  prisoners  on  Sept.  30th, 
of  that  year  being  564. 

The  Revised  Statutes  of  Ohio  provide  that  the  Warden  under  direction  of 
the  board  may  employ  a  portion  of  the  convicts  in  the  manufacture  of  a,nj  article 
used  by  the  state  in  carrying  on  the  penitentiary  and  may  also  procure  machinery 
and  prepare  shop  room  for  that  purpose  and  employ  such  persons  as  may  be  neces- 
sary to  instruct  the  convicts  in  such  manufacture  "  and  also  that  "  no  work,  labour 
or  service  shall  be  performed  by  a  convict  within  the  penitentiary  except  as  herein 
provided  for  unless  it  be  expressly  authorized  by  the  Board."  The  published  regula- 


199 


tions  of  the  Board  direct  that  a  prisoner  when  received  shall  after  due  preparation 
be  assigned  to  suitable  industry.  In  fact  the  industries  of  this  prison  are  carried 
on  with  much  vigor  and  on  a  large  scale.  The  workshops  and  machine  shops  it  is 
said  cjver  fifteen  acres  of  ground  and  in  these,  when  the  commissioners  visited 
the  prison,  1,589  men— less  those  engaged  in  house  work  and  the  sick — were 
employed  in  foundry  work,  making  stoves,  making  and  enamelling  hollow- 
ware,  making  agiicultural  implements,  hardware,  woollen  goods,  and  a  great 
variety  of  other  articles.  There  is  a  general  superintendent  of  industries, 
who  in  subordination  to  the  Warden,  has  charge  of  the  various  works.  All  the 
•systems  of  diposing  of  the  labour  of  the  prisoners  were  in  operation  in  this 
prison.  The  report  for  1889  states  that  at  the  close  of  that  year,  589  were 
■employed  on  piece  price  labour;  435  on  contract  labour  ;  13  on  surplus  labour  ; 
149  on  State  account  labour,  and  361  were  non-producers.  The  piece-price  men 
and  the  contract  labour  men  worked  for  a  bolt  works'  company,  a  chair  company, 
;a  saddlery  hardware  company,  the  Ohio  Tool  Company,  and  eight  other  companies 
whose  specialty  is  not  named;  and  149  men  worked  for  the  State,  at  construction 
of  prison  buildings,  at  a  flour  mill,  at  gas  works,  at  a  printing  office,  at  making 
^jlothing,  shoes  and  tobacco,  in  a  woollen  mill  and  in  a  tin  shop. 

In  the  Illinois  State  prison  at  Joliet,  in  which  during  the  year  1888,  the 
number  of  convicts  was  generally  about  1,300,  the  earnings  of  the  convicts 
under  a  contract  labour  system  amounted  to  $222,  979  in  1887,  and  to  Sl97,098 
in  1888,  the  number  of  prisoners  having  been  larger  in  1887  than  in  the  latter 
year. 

The  Commissioners  in  charge  say,  "  Experience  has  shewn  that  this  institu- 
tion can  only  be  self-sustaining  when  it  has  from  1,400  to  1,500  prisoners  under 
contract."  A  change  was  to  be  made  on  August  1st,  1889,  which  would  put  an 
end  to  contracts  under  which  305  prisoners  were  employed.  Of  this  they  said, 
^'  It  will  be  seen  that  we  must  incur  a  heavy  outlay  for  shops,  machinery,  tools, 
.and  material  with  which  to  employ  this  large  number  of  men  in  such  manner  as 
the  law  will  permit."  They  feared  that  under  the  changed  circumstances  their 
deficienc}^  would  be  very  serious. 

A  few  years  ago,  what  is  known  as  the  contract  sj^stem  prevailed  almost 
iiniversall}^  in  the  prisons.  In  several  it  is  now  absolutely  prohibited  by  the  law 
of  the  State.  The  law  of  Massachusetts  passed  in  1887,  enacts  that  "  no  contract 
shall  hereafter  be  made  for  the  labour  of  prisoners  confined  in  the  State  prisons, 
reformatories  or  any  of  the  houses  of  correction."  In  other  states  the  system  is 
prohibited,  directly  as  in  Massachusetts,  or  indirectly  as  in  the  state  of  New 
York. 

The  rate  of  wages  paid  under  the  contract  system  varied.  In  the  Massachusetts 
State  prisbn,  those  engaged  in  the  manufacture  of  spring  beds  and  other  work 
requiring  skill,  were  paid  for  at  the  rate  of  30  to  50  cents  per  day,  but  in  one  of 
the  houses  of  correction,  only  8  cents  per  day  was  paid ;  in  another  10  cents  ; 
in  another  13  cents,  and  in  others  15  cents.  The  prisoners  in  these  were  chiefly 
for  short  terms  and  were  unskilled.  In  other  prisons  the  earnings  were  higher. 
In  the  New  Jersey  State  prison,  the  average  earnings  in  1889  were  42.56  cents 
a  day,  and  there  was  an  agreement  that  the  average  should  be  brought  up  to  50 
cents.  In  the  Illinois  penitentiary  the  average  contract  price  per  man  per  day  was 
62.71  cents,  and  the  average  for  all  prisoners,  productive  and  unproductive, 
including  Sundays  and  holidays  was  42,31  cents. 

The  objections  urged  against  the  contract  system,  are  that  it  places  an  au- 
thority between  the  officers  of  the  prison  and  the  prisoners— exposes  the  prison- 
ers to  contact    and  communication  with  carters  and   others   employed   by  the 


200 


contractors,  leads  in  many  cases  to  improper  understandings  and  arrangements 
with  contractors  or  their  foremen,  and  that  it  is  for  all  these  reasons  subversive  of 
discipline  and  calculated  to  unsettle  the  minds  of  the  prisoners  and  prevent  their 
reformation.  Others  contend  that  matters  may  be  so  arranged  under  the  con- 
tract system  that  discipline  and  the  authority  and  influence  of  the  prison  oSicers 
could  be  fully  maintained.  Dr.  Byers,  who  was  for  many  years  chaplain  of  the 
Ohio  penitentiary,  and  afterwards  secretary  of  the  Board  of  State  Charities, 
saw  all  the  systems  in  operation  in  the  penitentiary  of  that  State,  and  was 
strongly  of  opinion  that  the  contract  system  is  the  best  for  the  prisoners  and  for 
the  public.  Probably  the  chief  reason  for  the  abolition  of  that  system  in  the 
manufacturing  states',  was  that  the  labour  organizations  regarded  it  as  rendering 
the  competition  of  prison  labour  more  hurttul  to  honest  workmen  than  it  could 
be  under  any  other  system.  Manufacturers  who  pay  only  from  30  to  60  cents  per 
day  for  men's  labour,  can.  it  is  urged,  undersell  those  who  pay  fair  wages,  even 
though  prisoners  do  not  do  as  much  work  in  a  day  as  free  workmen  do. 

The  "  piece  price  "  system  has  in  some  cases  been  substituted  for  what  is  call- 
ed the  contract  system.  The  law  of  the  state  of  New  York  which  expressly  per- 
mits the  work  in  prison  to  be  carried  on  under  that  system  says,  "  by  the  piece 
price  system  is  meant  the  system  by  which  the  state  receives  payment  for  the 
products  of  the  labour  of  the  prisoners  upon  materials  and  machinery  furnished 
by  the  person  making  such  payment  or  furnished  partly  by  such  person  and 
partly  by  the  state."  This  is  really  the  contract  system  in  another  form,  and  it  is 
objected  to  it  that  the  contractor  especially  when  he  does  not  furnish  the 
material  may  object  to  receive  as  of  a  proper  character  many  articles  so  manufac- 
tured, discovering  flaws, blemishes  and  imperfections, which  never  would  have  been 
noticed  under  the  other  contract  system  and  forcing  the  agent  or  warden  to  sell 
these  culls  at  lower  prices. 

Mr.  Massie,  warden  of  the  Ontario  Central  Prison  states  that  so  far  under  the 
working  of  the  piece  price  system  in  that  prison  the  articles  rejected  for  all  causes 
have  been  very  few.  The  superintendent  of  prisons  of  Massachusetts  in  his  report 
of  1888,  states  that  the  law  of  that  state  as  interpreted  by  the  Attorney-General 
prohibits  working  under  this  system,  which  was  in  operation  in  the  Pieform- 
atory  for  men  and  in  the  Reformatory  for  women.  He  says  : — "  That  system  is 
well  adapted  to  the  county  prisons  and  to  the  two  reformatories.  It  has  been 
tried  at  the  Reformatory  prison  for  many  years  and  so  satisfactorily  that  no  one 
has  ever  suggested  the  desirability  of  a  change.  The  control  and  discipline  of 
the  institution  is  entirely  in  the  hands  of  the  administration  and  all  the  friction 
which  grows  out  of  the  contract  system  is  avoided."  On  the  other  hand  the 
supervisor  of  the  New  Jersey  state  prison  in  which  there  are  from  870  to  940  pris- 
oners said  in  his  report  for  1887,  "  the  second  year's  experience  in  working  the 
prisoners  under  what  is  known  as  the  '  piece  price  '  plan  seems  to  aflbrd  no  ele- 
ment of  hope  that  either  as  a  revenue  measure  or  as  a  preventive  of  undue  com- 
petition with  honest  labour  will  it  ever  be  even  as  potent  as  the  contract  system 
which  it  supplanted.  In  its  practical  working  it  is  but  a  modification  of  the  old 
system  possessing  all  its  evils  and  none  of  its  advantages."  The  lowest  contract 
price  received  he  said  was  50  cents  per  day  per  prisoner ;  under  the  '  piece  price ' 
system  the  production  was  large,  but  the  average  earnings  were  only  40  49-100  cents 
per  day.  In  his  report  for  1888  he  states  that  under  the  '  piece  price'  plan  the 
limit  of  earnings  seemed  to  be  40  cents  a  day  for  each  man  ;  that  the  loss  to  the 
prison  on  the  year  was  §14,521  and  that  ''if  the  admissions  of  contractors  work- 
ing the  prisoners  under  both  systems  be  reliable  there  is  an  advantage  of  at  least 
25  per  cent,  in  production  to  the  contractors  under  the  "  piece  price '  plan,"  because 


201 


"  under  the  contract  system  the  state  had  no  responsibility  for  quantity  of  pro- 
duct and  but  little  for  quality  while  under  '  piece  price '  the  state  is  compelled  to 
force  production  having  at  the  same  time  regard  to  quality  in  order  to  make  the 
unavoidable  annual  deficit  as  small  as  possible." 

The  evidence  of  the  warden  of  Ohio  penitentiary  on  this  point  is  of  much 
interest,  as  both  the  contract  and  the  piece  price  system  were  in  operation  in  that 
institution.  It  was  the  intention  to  adopt  the  piece  price  system  altogether  when 
the  existing  contracts  expired.  Under  the  piece  price  system,  the  warden  said, 
"  the  work  must  be  up  to  a  certain  standard.  If  a  man  makes  25  pieces  and  the 
work  is  not  acceptable  to  the  contractor,  the  state  loses  the  entire  labour  of  the 
man.  The  officer  called  '  a  piece  price  superintendent '  and  the  contractor  exa- 
mine the  work.  If  they  disagree  they  call  in  the  warden  or  some  other  man  and 
his  decision  is  final.  It  is  almost  impossible  to  adjust  all  cases  satisfactorily,  there 
are  so  many  things  to  be  taken  into  consideration.  Sometimes  on  account  of 
inferior  quality  of  material  trouble  arises.  There  is  so  much  complexity  that  it 
is  difficult  to  come  to  a  reasonable  conclusion."  He  thought  the  contract  system 
better  for  the  state  and  for  the  prisoner.  The  contractors  prefer  the  |)iece  price 
system  as  they  only  pay  for  what  they  get,  and  for  what  is  "  up  to  the  highest 
standard  in  point  of  workmanship."  "  The  piece  price  system  does  more  injury  to 
the  labouring  classes  outside,  because  it  enables  the  contractors  to  sell  their  pro- 
ducts at  lower  prices.  The  outside  workers  will  not  listen  to  this  ;  they  are 
purblind  and  the  politicians  do  not  want  them  to  hear,  because  they  have  got  a 
rope  round  their  necks.  The  prison  suffers  and  the  workingman  does  not  see 
that  he  is  hoodwinked.  Last  year  there  were  53.9  employed  on  the  piece  price 
plan  and  the  daily  average  price  of  their  labour  was  60.31  cents.  435  worked, 
under  the  contract  plan  and  they  earned  65.58  cents.  The  men  work  ten  hours  a 
day."  The  warden  said  he  maintained  strict  discipline  and  prevented  all  secret 
understandings  and  arrangements  between  contractors  and  prisoners. 

Dr.  Byers  said  that  the  piece  price  plan  was  adopted  avowedly  to  give  the 
pi'ison  authorities  complete  control  of  the  labour  of  the  prisoner  and  break  up  a 
system  of  abuse  of  prisoners  by  contractors  ;  but  the  real  ground  of  the  change, 
was  that  the  labour  organizations  demanded  it  and  the  politicians  gave  it  to  them 
without  any  consideration.  The  worst  thing,  he  said,  for  free  labour  so  far  as 
prison  labour  was  concerned  was  the  abolition  of  the  contract  system.  Under  it 
free  labour  has  less  competition  than  under  any  other  plan. 

The  public  account  system,  the  New  York  statute  describes  as  "the  S3'stem 
by  whicn  the  state  furnishes  machinery  and  material  for  the  labour  of  the  pris- 
oners and  markets  the  products  of  such  labour  thereon."  The  New  York  statute 
also  provides  that  it  "  shall  be  the  dut}^  of  the  superintendent  of  state  prisons 
and  reformatories  and  agents  and  wardens  thereof,  to  obtain  the  full  market 
rates  for  all  the  products  of  the  labour  of  prisoners  of  such  prisons,  whether  manu- 
factured under  the  piece  price  system  or  under  the  public  account  system.  But 
none  of  the  products  of  the  labour  of  prisoners  shall  be  sold  for  less  than  ten  per 
centum  in  excess  of  the  cost  of  the  materials  used  in  the  manufacture  of  such 
products." 

The  obvious  objections  to  this  system  are,  that  to  make  it  workable,  the 
chief  officer  of  the  prison  must  be  not  only  a  man  especially  qualified  to  control 
and  manage  prisoners  and  promote  their  reformation,  but  that  he  must  also  be  pos- 
sessed of  business  faculties  such  as  belong  to  few  men — must  know  what  manu- 
factures will  prove  most  profitable  in  his  prison  and  at  the  same  time  be  most 
useful  for  the  purposes  of  reforming  prisoners,  how  to  buy  materials  not  for  one 
kind  of  manufacture  but  for  several ;  how  and  when  and  to  whom  to  sell ;  and  a 


202 


man  who  has  to  provide  work  for  a  thousand  or  fifteen  hundred  prisoners  and 
dispose  of  the  productions  of  their  labour  profitabl}^  cannot  reasonably  be 
expected  to  pay  that  attention  to  the  moral  improvement  of  the  prisoners  which 
should  be  the  chief  duty  of  warden  or  superintendent.  It  was  urged  in  some 
cases  that  the  management  of  the  industries  should  be  entrusted  to  an  officer 
especially  selected  for  that  duty ;  but  this  seems  to  have  been  regarded  as  essen- 
tially a  division  of  authority  and  responsibility  such  as  must  prove  injurious. 
It  was  urged  also  that  under  the  public  account  system  the  industries  would  be 
conducted  in  a  perfunctory,  wasteful  fashion,  and  must  result  in  loss. 

Mr.  Carroll  D.  Wright,  appointed  a  commissioner  of  labour  under  a  resolu- 
tion passed  by  the  United  States  Congress  in  1886,  in  his  report  says,  that  "  hand 
labour  under  the  public  account  system  ofFei's  many  advantages  over  any  other 
plan  that  has  been  suggested.  It  involves  the  carrying  on  of  the  industries  of  a 
prison  for  the  benefit  of  the  state  but  without  the  use  of  power  machinery,  tools 
and  hand  machines  only  being  allowed,  the  goods  to  be  made  to  consist  of  such 
articles  as  boots  and  shoes,  the  coarse  woollen  and  cotton  cloths  needed  for  the 
institution  or  for  sale  to  other  institutions,  harness  and  saddlery  and  many  other 
goods  now  made  by  machinery  or  not  now  made  at  all  in  prisons.  With  such  a 
plan  in  vogue  throughout  the  United  States  there  could  be  no  complaint  as  to 
the  effect  of  convict  labour  upon  the  rates  of  wages  or  upon  the  sale  of  goods 
either  in  price  or  in  quantity.  The  convicts  would  be  constantly  employed  under 
the  direction  and  supervision  entirely  of  the  prison  officers.  None  of  the  objec- 
tions or  disadvantages  arising  under  the  contract  system  or  the  piece  price  modi- 
fication thereof  or  under  the  public  account  system  with  power  machinery  can  be 
raised  against  this  plan.  The  adoption  of  it  would  leave  the  state  free  to  under- 
take the  very  best  and  most  harmless  efforts  for  the  reformation  of  prisoners. 
.  .  .  The  chief  aggravation  in  the  employment  of  convicts  in  productive 
labour  arises  from  the  use  of  power  machinery." 

General  Brinkerhoff,  in  a  paper  read  before  the  National  Conference  of  Chari- 
ties and  Convictions  at  Omaha  in  1887,  stated  that  of  all  the  goods  produced  in 
thirty -two  of  the  industries  in  which  convicts  are  employed  in  the  prisons  of  the 
United  States,  only  2.5  per  cent,  is  produced  by  the  convicts  calculating  that  a 
convict  does  as  much  work  as  a  free  labourer;  but  making  due  allowance  for  the 
fact  that  the  producing  power  of  convict  labour  is  lully  one-fourth  less  than  that 
of  free  labour  the  actual  product  of  convicts  is  less  than  two  per  cent,  of  the  total 
production  of  fi'ee  labourers  in  the  same  industries.  That  competition  to  this 
extent  "  should  be  fraught  with  the  direful  consequences  claimed  is  simply  im- 
possible," he  contended.  The  official  statistics  of  the  Commissioner  of  Labour 
show  that  the  product  of  convict  labour  compared  with  the  product  of  free  labour 
is  only  fifty-four  one  hundredths  of  one  per  cent,  and  therefore  he  contended, 
"  is  practically  infinitesimal  in  its  aggregate  influence."  "Among  penologists 
he  said  the  question  of  abalishing  contract  labour  in  prisons  is  practically  settled 
in  the  affirmative."  Without  efficient  administration  no  system  will  work  well,  but 
with  this  the  state  account  system  is  best.     He  puts  his  conclusions  as  follows  : 

"  The  contract  system  of  prison  labour  as  a  rule  is  more  profitable  to  the 
state  in  dollars  and  cents  than  any  other  ;  but  on  the  other  hand  for  reformatory 
purposes  it  is  more  objectionable  than  any  other." 

The  entire  management  should  be  organized  "upon  the  basis  of  integrity, 
capacity  and  experience.  Prison  officers  like  army  officers  should  have  a  special 
training  for  their  work,  and  promotion  should  come  solely  through  honourable 
and  meritorious  service." 


203 


"  All  prisoners  o£  a  state  should  be  classified  and  each  class  should  be  as- 
signed to  a  prison  of  its  own." 

"  In  the  prison  se*  apart  for  those  serving  life  sentences,  which  should  also 
include  incorrigibles  and  convicts  over  thirty  years  of  age,  the  contract  system 
very  appropriately  could  be  retained  entire,  for  there  is  no  reason  why  this  class 
of  prisoners  should  ever  be  made  a  burden  upon  the  tax-payers." 

"  In  the  prison  set  apart  for  young  men  under  thirty  years  of  age  and  con- 
victed of  their  first  offence,  the  state  account  system,  as  a  rule,  would  be  found 
the  best  for  reformatory  purposes  although  the  piece  price  plan  would  sometimes 
be  found  equally  available  and  more  profitable  in  dollars  and  cents  ;  but  under 
either  system,  educational  and  technological  training  should  have  the  larger  con- 
sideration." 

Wherever  the  public  account  system  has  been  introduced  the  wardens  and 
other  chief  officers  of  the  prison,  as  far  as  could  be  learned,  approve  of  it,  preferring 
it  to  the  contract  system  in  any  form.  It  is  said  also  to  be  found  less  ob- 
jectionable than  the  contract  systems  to  the  labour  organizations,  Warden  Brush 
of  Sing  Sing,  in  his  report  for  1889,  said,  "  When  the  contract  system  was  abolished 
almost  every  one  was  of  the  opinion  that  the  prisons  would  run  into  extravagance 
and  corruption  and  that  it  would  be  impossible  to  manage  them  honestly  under 
the  state  account  system.  This  theory  is  entirely  contradicted  by  our  experience 
here  for  the  last  twenty  months.  Less  goods  have  been  damaged  or  stolen  than 
in  the  same  peiiod  of  any  part  of  the  contract  system  and  fully  as  much  work 
has  been  accomplished."  The  warden  of  the  Auburn,  N.Y.,  State  prison,  in  his 
report  for  the  same  year  said,  "  experience  in  the  working  of  this  (the  public 
account)  system  convinces  and  strengthens  me  in  the  opinion  that  it  is  the  best 
system  of  labour  for  convicts  that  has  been  yet  devised."  He  admits  that  it  is 
to  some  extent  competitive  with  free  labour,  but  argues  that  "  no  plan  has  yet 
been  suggested  involving  the  economic  employment  of  convicts  that  can  remove 
all  competition."  This  competition,  he  thinks,  cannot  be  so  formidable  as  many 
assert,  the  convicts  in  the  prisons  of  the  state  being  less  than  one  thousand  to  each 
million  of  the  population.  The  warden  of  the  Clinton,  N.Y.  State  prison,  said  in 
his  report  for  that  year,  "  I  have  in  previous  reports  expressed  my  favourable 
opinion  of  the  system  of  work  on  public  account,  both  as  a  means  of  revenue  to 
the  state  and  as  a  disciplinary  measure,  and  am  quite  ready  to  confirm  all  that  I 
Lave  so  said  and  to  add  my  fuller  appreciation  of  its  value  in  respect  of  these 
desiderata  when,  notwithstanding  the  indifference  which  has  characterized  the 
action  of  the  Legislature  in  its  treatment  of  this  subject,  it  is  able  to  show  (for  this 
prison)  at  the  end  of  a  nominal  three  years  and  ten  months  of  operating  includ- 
ing the  loss  incident  to  a  public  sale  of  our  product  on  hand  net  earnings  of 
$196,000." 

Mr.  Russell,  warden  of  the  Massachusetts  State  prison,  spoke  of  the  public 
acrount  system  as  very  satisfactory.  He  bought  materials  wherever  he  found 
them  cheapest  and  best.  He  put  his  products  on  the  market  as  manufacturers  do, 
and  never  found  any  difficulty  in  disposing  of  them  at  fair  market  prices.  The  law 
directs  him  to  provide  tools,  machinery  and  materials.  Mr.  Nicholson,  Superintcii- 
dent  of  the  Detroit  house  of  correction,  in  his  report  for  1888,  replying  to  those  who 
affirm  that  no  man  living  is  capatle  of  running  a  prison,  disciplining  his  officers, 
his  foremen  and  employes,  keeping  harmony  amongst  the  keepers  and  instructors, 
keeping  up  the  discipline  of  the  prison,  buying  the  supplies  and  doing  all  the 
other  necessary  work  and  at  the  same  time  be  able  to  manage  a  manufacturing 
business,"  says  "such  twaddling  verbiage  has  the  merit  of  being  misleading  and 
from  such  only  emanates  all  the  opposition  to  the  state  account  system  of  prison 


204 


labour.  I  readily  adrait  that  the  state  account  system  entails  addition  labour 
and  responsibility  upon  a  warden  ;  but  are  not  wardens  employed  to  work  for 
the  interests  of  the  people  and  those  committed  to  their  charge  in  preference  to 
the  interests  of  contractors  ?  The  chief  industry  in  the  prison  is  chair-making. 
"  To  the  commissioners,  Mr.  Nicholson  said  "  Our  system  is  that  known  as  the 
state  account  system.  I  buy  all  my  own  materials  and  I  sell  the  product  in  the 
open  market.  I  employ  only  one  traveller.  I  do  not  undersell  other  manufac- 
turers. We  keep  the  same  rate  that  they  do,  but  in  my  opinion  we  make  a  better 
article.  The  accounts  which  I  submit  to  the  Board  at  the  end  of  the  year  show 
the  whole  working  of  the  institute.  Last  year  the  entire  cost  of  maintenance,. 
S61,678,  and  of  repairs,  including  a  new  roof  to  the  chapel  and  a  new  iron  fence, 
was  paid  out  of  the  earnings  and  I  paid  over  a  surplus  of  over  815,000.  Some 
years  I  have  had  a  surplus  as  high  as  S"0,000.  There  are  three  chair  making 
establishments  in  Detroit  now  and  the  industry  has  practically  been  developed 
since  we  began.  One  of  these  is  larger  than  ours."  In  the  Cleveland,  0.,  work- 
house in  v;hichsome  450personsareconfined,brush-makingistheprincipalindustry. 
Mr.  Patterson, the  superintendent  said,  "We  buy  the  material,  manufacture  the 
goods  and  sell  them  in  the  open  market  and  then  put  the  money  in  the  treasury. 
This  does  not  conflict  with  outside  brush-making.  I  find  that  somebody  in  some 
part  of  the  country  or  other  is  competing  with  us  all  the  time  and  underselling 
us." 

The  board  of  charities  and  correction  of  the  state  of  Minnesota  in  their 
report  for  1889  say,  "  the  last  Legislature  passed  a  bill  annulling  the  contract  for 
the  labour  of  the  convicts.  It  is  exceedingly  unfortunate  that  the  Legislature 
in  terminating  the  contract  system  of  labour  did  not  provide  one  to  take  its 
place.  The  problem  of  employing  prisoners  on  the  state  account  plan  success- 
fully is  a  difficult  one  and  has  been  solved  satisfactorily  in  only  a  few  prisons  of 
the  United  States.  The  most  successfully  public  account  prison  finaciallj^  is 
the  Detroit  house  of  correction  which  pays  an  income  of  $30,000  to  $40,000 
annually  into  the  city  treasury  after  paying  all  expenses.  The  house  of  correc- 
tion at  Milwaukee  and  the  city  workhouse  of  Cleveland  are  nearly  self-sup- 
porting on  the  public  account  plan.  The  most  successful  public  account  prison 
from  a  disciplinary  point  of  view  is  probably  the  eastern  penitentiary  at  Phila- 
delphia, Pa.,  where  the  convicts  are  employed  at  a  labour  without  power  machineiy. 
In  this  case,  however,  the  labour  has  not  been  largely  renumerative,  the  prisoners 
not  earning  more  than  a  third  of  the  expenses.  The  state  account  system  pre- 
vails also  in  a  number  of  reform  schools  in  the  state  prison  at  Ionia,  Michigan,, 
the  state  penitentiary  at  Alleghany,  Pa.,  the  state  prisons  of  California  and  in 
part  in  the  prison  at  Columbus,  Ohio.  The  contract  system  has  been  annulled  in 
the  prisons  of  several  other  states.  Thus  far  no  very  satisfactory  results  has 
been  obtained.  In  Wisconsin  the  contracts,  have  been  abolished  by  law,  but  the 
former  contractors  continue  to  work  the  prisoners  on  the  old  plan  by  a  tacit 
understanding  without  any  contract  paying  monthly  into  the  treasury  at  the 
former  rate.  No  more  important  question  will  confront  the  Legislature  than  this  of 
convict  labour.  The  financial  interests  are  considerable  since  the  State  heretofore 
has  derived  an  annual  income  of  $40,000  to  $50,000  from  convict  labour.  But 
the  interests  of  the  prisoner  are  even  more  important.  It  is  universally  conceded 
that  the  reformatory  treatment  of  prisoners  is  impo.ssible  without  systematic  and 
productive  labour.  The  successful  organization  of  such  labour  is  a  problem  of 
considerable  difficulty  as  is  demonstrated  by  the  long  line  of  failures." 

The  state  law  above  referred  to  provides  that  "  No  more  contracts  shall  be- 
awarded,  but  all  convict  labour  shall  be  employed  under  the  direction  of  the- 
chief  officer  having  charge  of  such  convicts. 


205 


"  That  all  convicts  shall  be  employed  in  the  manufacture  of  such  articles  as 
?nay  be  deemed  to  be  of  the  most  advantages — first,  to  aid  the  convicts  in 
Teformation  so  as  to  enable  them  to  earn  an  honourable  living ;  second,  to 
■cheapen  their  cost  to  the  state  or  municipality. 

"  The  products  to  be  sold  at  wholesale  prices  to  be  determined  by  the  pub- 
lished prices  current  in  quantities  of  not  less  than  $50  worth  for  cash  or  securi- 
ties approved  by  the  warden. 

"  The  State  is  prohibited  from  taking  any  contract  to  furnish  any  material 
or  article  into  which  convict  labour  may  have  entered,  and  hereafter  no  labour 
■shall  be  employed  for  wages  in  any  prison  in  this  State  on  any  article  or  thing 
to  be  sold  that  will  come  into  competition  with  free  labour." 

The  inspectors  of  the  Minnesota  state  prison  thought  it  would  be  well 
before  attempting  to  put  into  opei-ation  the  system  thus  forced  upon  them  to 
visit  some  of  the  most  important  prisons  of  the  United  States,  especially  those 
da  which  public  account  system  prevailed  and  learn  what  they  could  of  the 
workings  of  that  system  and  its  merits  as  compared  with  other  systems.  In  their 
Teport  published,  by  order  of  the  Senate,  they  describe  what  they  saw  in  the  chief 
penal  institutions  of  Michigan,  Illinois,  Massachusetts,  Connecticut,  New  York, 
Pennsylvania  and  Ohio,  and  report  the  opinions  expressed  by  the  wardens  and 
-other  persons  of  experience  in  these  States.  These  opinions  it  may  be  well  to 
■state  in  brief. 

Superintendent  Felton  of  the  Chicago  house  of  correction  said,  "  The  ques- 
tion of  competition  with  free  labour  ought  not  to  enter  into  this  discussion. 
Prisoners  must  work.  Their  labour  to  have  any  reformatory  value  must  be  pro- 
ductive and  some  competition  with  free  labour  is  unavoidable.  There  is  no 
special  objection  to  the  contract  system,  but  it  is  not  the  best  system.  The  best 
system,  the  correct  system,  is  the  state  account  system.  In  order  to  reform 
men  and  fit  them  for  self  support  prison  industries  ought  to  be  organised  and 
-conducted  like  private  industries."  Mr.  Felton  stated  the  conditions  which  he 
regards  as  essential  to  the  success  of  this  system.  They  are  in  effect  that  it 
should  be  conducted  by  competent  men  on  business  principles.  The  industries 
pursued,  he  said,  should  be  those  in  which  the  value  of  the  product  consists 
largely  of  labour  and  the  material  is  cheap. 

In  the  Michigan  state  prison,  the  public  account  system  was  in  operation  in 
■one  shop.  Warden  Hatch  said  that  wherever  it  was  adopted  the  warden  ought 
to  have  large  powers  and  to  a])point  all  subordinate  officers,  subject  to  the  super- 
vision of  the  inspectors.  He  thought  that  the  competition  with  free  labour  would 
l»e  as  great  as  under  the  contract  system  or  greater.  He  thought  the  time  and 
•efforts  of  the  warden  and  his  subordinates  ought  to  be  used  for  the  elevation  and 
reformation  of  the  man  and  not  for  carrying  on  business." 

Superintendent  Brock  way  said  "  there  is  no  inherent  difference  in  competi- 
tion. If  you  leave  out  the  question  of  reformatioH,  I  would  just  as  lief  have  one 
•system  as  the  other.  But  if  you  wish  to  reform  the  prisoners,  the  contract  sys- 
tem is  objectionable. 

Warden  Brush  of  Sing  Sing  said,  "  I  was  like  all  other  prison  men  who  had 
the  contract  system  in  the  prison — believed  no  other  system  could  be  made  to 
pay  the  state.  I  have  changed  my  mind  radically  ;  I  believe  that  the  state 
•account  system  properly  managed  will  give  the  authorities  much  better  control 
of  the  convicts  and  will  pay  the  state  better.  In  order  to  make  it  a  success  you 
amust  have  liberty  of  action.  The  men  are  much  more  cheerful  under  this  system. 
The  labouring  el-^ment  has  some  right  that  should  be  respected,  viz :  that  the  in- 


206 


dustry  shall  be  one  that  is  strong  in  the  state  and  not  one  that  is  weak.     I  would' 
not  allow  any  industry  to  be  ruined  by  your  prison  labour. 

Warden  Russell  of  the  Massachusetts  state  prison  said.  I  like  the  public 
account  system,  because  it  gives  me  more  complete  control  over  the  employes. 
I  think  the  results  prove  that  the  public  account  system  is  better  than  the  con- 
tract system.  Under  the  contract  system  we  were  apt  to  have  men  as  instructors 
who  were  not  the  best  men.  We  had  power  to  exclude  them,  but  naturally 
hesitated  to  exercise  it. 

The  piece  price  plan  was  in  opei-ation  in  the  Massachusetts  reformatory  for 
men.  Mr.  Tufts  the  superintendent  considered  it  much  more  preferable  to  the 
contract  system  on  disciplinary  grounds. 

The  warden  of  Connecticut  state  prison  stated  that  the  contract  system 
under  which  the  labour  is  there  organised  was  very  satisfactory.  Judge  Way- 
land,  one  of  the  board  of  inspectors  said, "  I  have  long  contended  that  the  contract 
system  properly  regulated  is  the  best  system  and  that  ultimately  the  prisons  of 
the  country  wiil  have  to  come  back  to  it.  We  have  never  had  any  quarrel  with, 
the  contractors,  and  I  am  satisfied  that  the  prisoners  have  not  been  oppressed  in 
any  way.  Year  by  year  the  labour  men  go  before  our  legislature,  but  they  have 
not  been  able  to  show  a  single  good  cause  of  complaint.  On  one  occasion  we 
asked  them  to  bring  forward  a  single  manufacturer  of  the  state  who  would  say 
that  his  business  had  been  injuriously  affected.  At  my  request  the  legislature 
adjourned  two  weeks  to  enable  them  to  find  such  a  man.  At  the  end  of  that  time 
they  brought  forward  one  small  manufacturer  of  planes  who  thought  that  he  was 
injuriously  afiected  by  the  manufacture  of  planes  in  the  Ohio  state  prison  ;  they 
could  find  no  other.  All  prison  labour  necessarily  competes  in  some  degree  ;  it  is- 
inevitable.  But  there  is  not  so  much  competition  by  the  contract  system  as  by 
the  public  account  system.  If  you  go  into  the  public  account  system  you  have 
to  face  the  difficulty  of  getting  a  warden  and  a  business  man  united.  The  system. 
broke  down  in  Maine — right  here." 

Mr.  W.  M.  F.  Round  said  that  the  condition  of  things  in  Connecticut  is 
exceptional.  Men  like  Judge  Way  land  and  Charles  Dudley  Warner  exercise  a 
close  watch  on  the  contract  system  there. 

Mr.  Pillsbury,  warden  of  the  penitentiary  at  Blackwell's  Island,  said,  "I 
think  the  state  account  system  more  injurious  to  outside  labour  than  the  contract 
system.  The  state  must  sell  its  goods  at  some  price,  whether  profit  is  made  or 
not.  There  is  no  occasion  for  any  interference  with  the  best  interests  of  prisoners 
under  the  contract  system.  I  would  not  allow  any  free  labour  in  the  prison,, 
except  instructors,  on  any  account.  It  is  not  right  and  causes  demoralization.. 
I  believe  in  productive  labour  for  prisons.  Prisoners  feel  it  very  bitterly  when 
they  are  put  upon  unproductive  labour,  such  as  wheeling  bricks  from  one  place 
to  another,  piling  them  up,  and  then  wheeling  them  back  again.  It  is  a  bad  system, 
to  allow  overwork  to  be  paid  for  by  contractors.  It  gives  an  advantage  to  the 
more  skilful  prisoners  and  discourages  others.  If  any  money  is  paid  to  the  men. 
it  should  be  paid  in  such  a  manner  as  to  benefit  all  the  prisoners  alike  who  are 
entitled  to  it  by  their  conduct. 

The  western  penitentiary  of  Pennsylvania,  formerly  'An  individual  treat- 
ment "  prison,  is  now  conducted  on  the  public  account  system.  Mat  making 
was  adopted  as  the  chief  industry  because  it  would  not  compete  with  other 
industries  in  the  state.  The  demand  for  mats  is  not  sufficient  to  keep  all  the 
prisoners  employed.  Warden  Wright  said,  "We  do  not  like  the  state  account  sys- 
tem at  all.     The  contract  system  is  better  for  the  taxpayers  and  for  the  prisoners.. 


207 


Overwork  enables  the  prisoner  to  earn  cash  for  his  family  and  for  his  own  use 
when  released.  We  cannot  allow  overwork  under  state  account.  Under  our 
contracts  the  contractors  had  nothing  to  say  about  tasks.  We  regulated  all  tasks. 
We  averaged  not  on  the  best  but  on  the  average  workman.  The  men  worked 
eight  and  a  half  hours. 

The  Inspectors  in  reporting  their  conclusions  say  that  "labour  is  indispensable 
to  convict  life,  and  that,  to  be  of  a  reformatory  character,  labour  must  be  produc- 
tive, which  means  producing  something  useful  for  consumption  which  must 
necessarily  go  into  the  world's  markets  on  the  same  footing  as  any  other  product 
of  labour."  They  also  say,  "  We  are  convinced  that  in  the  institutions  where  the 
contract  system  is  still  retained,  and  has  not  been  disturbed  by  adverse  and  un- 
friendly legislation,  the  best  results  have  been  attained.  More  cheerfulness  and 
better  order  prevail,  as  well  as  better  results  financially.  Therefore  we  do  not 
hesitate  in  recommending  that  the  Legislature  pass  such  laws  as  will  permit  the 
reinstating  of  the  contract  system,  believing,  as  we  do,  this  to  be  the  best  system 
so  far  devised  or  practised  in  this  country  when  surrounded  with  the  most  careful 
and  guarded  conditions." 

The  State  of  Illinois  in  1886  a<;lopted  an  amendment  to  its  constitution 
prohibiting  contract  labour  in  an}'  penal  or  reformatory  institution  of  the  state, 
although  the  warden  of  the  state  prison  at  Joliet,  which  as  an  industrial  insti- 
tution was  accounted  one  of  the  most  successful  in  the  county,  said  to  the  Minne- 
sota Inspectors,  "So  far  as  the  financial  I'esult  is  concerned  the  contract  system  is 
preferable  to  any  other.  There  are  no  objections  to  it  in  a  prison  of  this  kind — 
a  penal  institution.  In  an  institution  in  which  the  prisoners  are  graded  it  would 
not  be  a  success.  I  do  not  think  that  the  contract  system  has  interfered  with 
discipline  in  this  prison."  In  May,  ]889,  a  resolution  was  passed  by  the  Legis- 
lature directing  that  a  joint  committee,  composed  of  three  members  of  the  House 
of  Represencatives  and  two  members  of  the  Senate,  be  appointed  "  to  visit  and 
investigate  our  own  prisons  and  the  prisons  and  prison  systems  of  other  states,, 
and  report  to  the  next  General  Assembly,  recommending  such  a  law  as  shall 
secure  to  us  the  best  methods  for  the  establishment  of  a  reformatory,  and  for  the 
general  management  of  our  penitentiaries  whenever  the  present  contract  system 
of  labour  shall  expire."  The  committee  appointed  by  virtue  of  this  resolution, 
appointed  Dr.  Frederick  H.  Wines,  secretary  of  the  State  Board  of  Public  Chari- 
ties, its  secretary  and  visited  the  state  prisons  and  other  penal  and  reformatory 
institutions  in  Indiana,  Ohio,  Pennsylvania,  Maryland,  New  York,  New  Jersey, 
Rhode  Island,  Connecticut,  Massachusetts,  Michigan  and  the  District  of  Columbia. 
In  their  report,  published  in  February,  1891,  the  Joint  Committee  say : — 

"  Almost  any  industry  which  can  be  successfully  and  profitably  carried  on  by 
private  parties,  can  be  conducted  with  equal  success  in  prison,  provided  that  the 
authorities  in  charge  are  possessed  of  adequate  business  experience  and  capacity." 
They  quote  what  Warden  Brush,  of  Sing-Sing,  said  of  the  advantage  of  the 
public  account  system — that  it  is  more  profitable  to  the  State  than  the  contract 
system,  and  that  the  control  and  discipline  of  the  convicts  is  more  easy  and 
thorough  when  they  are  at  all  times  in  the  shops  as  well  as  elsewhere  under  the 
complete  control  of  officers  appointed  by  the  warden  without  suggestion  or  inter- 
ference on  the  part  of  contractors.  They  say  that  "  the  competition  of  convict 
with  free  labour  is  to  some  extent  injurious  to  the  latter ;  but  the  amount  of  in- 
jury done  is  almost  infinitesimally  small,  in  view  of  the  fact,  that  the  prison 
labour  of  the  country  bears  such  an  insignificant  proportion  to  the  total  amount, 
constituting  as  it  does,  but  a  fiaction  of  one  per  cent.  It  is  absurd,  they  say 
to  suppose  that  the  slight  interference  can  have  any  serious  eficct  upon  the 


208 


amount  of  work  available  for  honest  labour,  or  upon  the  price  of  goods  manufac- 
tured in  prisoDS.  Furthermore,  the  loss  resulting  to  honest  labour  from  such  com- 
petition is  less  in  the  aggregate,  than  would  be  the  cost  of  maintaining  the  pris- 
oners in  idleness,  which  would  have  to  be  borne  from  the  public  treasury,  and  the 
taxes  collected  for  the  purpose  would  in  any  event  be  an  ultimate  charge  upon 
labour."  They  argue  that  it  is  right  to  provide  employment  for  those  who  know 
how  to  work,  and  technical  education  for  those  who  do  not.  Of  the  use  of 
machinery,  they  say,  "  As  to  the  use  of  machinery  in  prisons,  the  form  of  pretty 
much  all  labour  since  the  invention  and  common  use  of  machinery  has  changed 
so  that  there  is  little  room  or  scope  for  purely  manual  handicrafts,  and  if  a 
prisoner  is  not  taught  to  labour  in  connection  with  machinery,  his  opportunities 
for  employment  after  release  are  reduced  to  a  minimum.  It  is  also  true  that  a 
discharged  convict  can  usually  find  employment  more  readily  in  a  large  manu- 
facturing establishment  than  elsewhere,  owing  to  the  fact  that  there  he  is  under 
constant  observation,  and  his  opportunities  for  theft  are  compai'atively  slight." 
The  selection  of  industries  they  think  should  be  left  to  the  prison  authorities  ; 
but  they  say,  "  it  is  possible  that  the  injury  resulting  from  the  competition  of 
convict  and  free  Jabour  may  be  reduced  to  a  minimum  by  legislative  restrictions, 
either  upon  the  character  of  the  labour  to  be  performed,  or  upon  the  number  of 
convicts  to  be  employed  in  any  one  productive  industry."  The  piece  price 
plan,  the  committee  say,  is  a  compromise  by  which  the  introduction  into  the 
prison  of  contractors'  men,  the  supposed  tendency  of  contractors  to  overwork  the 
men.  and  other  objections  are  obviated,  but  under  which  it  is  "  far  more  difficult 
for  the  prison  authorities  to  enter  into  any  profitable  agreement  with  the  parties 
for  whom  work  is  done  in  the  prison." 

The  commissioners  have  thought  it  desirable  to  put  thus  briefly  yet  fully 
all  the  evidence  they  have  been  able  to  obtain  on  a  question  of  great  importance 
in  prison  administration  which  as  the  contradictory  statements  of  eminent 
penologists  prove,  cannot  yet  be  regarded  a  fully  settled. 

Incentives  to  Industry. 

In  the  British  prisons  labour  is  still  regarded  chiefly  as  punishment.  It 
was  not  to  be  expected  that  while  it  was  only  so  regarded  prisoners  would  do 
any  more  of  the  work  to  which  they  were  set  than  they  must  do  to  avoid  punish- 
ment. The  good  time  system  when  introduced  was  generally  regarded  as  a  great 
reform,  but  it  soon  became  manifest  that  its  effects  were  rather  negative  than 
positive.  Prisoners  became  more  amenable  to  discipline,  obeyed  the  rules  more 
carefully,  were  more  respectful  to  their  officers,  and  were  so  attentive  to  their 
work  as  to  avoid  an  unfavourable  report.  But  they  took  no  interest  in  their  work 
and  did  not  acquire  a  habit  of  industry,  because  work  performed  under  such  con- 
ditions was  always  irksome.  Labour  was  not  used  merely  as  a  means  of  punish- 
ment in  the  prisons  in  which  the  ideas  as  to  prison  management  now  so  general 
had  their  birth.  In  some  of  these  the  prisoners  received  the  full  value  of  all 
the  work  they  did,  and  what  they  received  they  were  permitted  under  certain 
limitation  to  expend  for  themselves  and  their  families.  This  system  under  which 
the  prisoner  was  required  to  work,  but  the  products  of  his  labour  were  treatad 
as  wholly  his  own  served  for  many  years,  but  as  a  contrast  to  the  general  system 
under  which  labour  was  regarded  as  a  punishment,  and  the  prisoners  had  no 
right  to  any  share  in  its  products.  Under  this  latter  system,  prisoners  no  matter 
how  carefully  instructed  and  trained  in  the  industries  in  which  they  are  engaged, 
do  noo  do  as  much  woi'k  in  a  day  as  free  labourers  working  for  wages  must  do ; 
and  in  the  opinion  of  many  who  have  studied  this  subject  carefully  labour  is  not 
under  this  system  so  effectual  a  means  of  reformation. 


209 


Montesinos,  the  celebrated  Spanish  prison  reformer,  in  a  pamphlet  which 
he  published  many  years  ago,  says,  "  I  sought  by  every  means  and  at  any  cost 
to  extirpate  in  my  prisoners  the  lamentable  germ  of  idleness  and  to  inspire  them 
instead  with  a  love  of  labour.  But  as  unproductive  work  in  the  prison  could 
by  no  means  effect  this  I  made  it  a  rule  whenever  anyone  showed  a  disposition 
to  labour  but  had  no  occupation  which  could  contribute  after  his  dischai-ge  to 
maintain  him  honestl}^  to  endeavour  to  procure  him  such,  and  for  this  purpose  I 
sought  to  bring  within  the  prison  as  many  different  workshops  as  possible, 
allowing  him  to  choose  among  them  what  was  likely  to  be  most  advantageous  to 
him,  and  now  there  are  about  forty  in  all."  This  freedom  of  choice  and  hope  of 
ultimate  benefit  he  found  to  be  insufficient,  for  he  says,  "  I  gradually  acquired 
the  intimate  conviction  that  without  the  stimulus  of  some  personal  advantage 
accruing  to  themselves  from  their  labour  it  is  difficult  to  obtain  work  from  the 
already  skilled  and  almost  impossible  to  get  the  unskilled  to  learn.  Repeated 
experiments  convinced  me  of  the  practical  lesson  involved  in  this  maxim  of 
social  economy,  and  that  what  neither  severity  of  punishments  nor  constancy  of 
inflicting  them  could  exact  the  slightest  personal  interest  will  readily  obtain. 
In  different  ways  therefore  during  my  command  I  have  applied  this  powerful 
stimulant  and  the  excellent  results  it  has  always  yielded  and  the  powerful 
germs  of  reform  which  are  constantly  developed  under  its  influence  have  at 
length  fully  convinced  me  that  the  most  inefficacious  of  all  methods  in  a  prison, 
the  most  pernicious  and  fatal  to  every  chance  of  reform — are  punishment-, 
carried  the  length  of  harshness.  Moreover  the  love  of  labour  can  not  be  com- 
municated by  violent  means,  but  rather  by  persuasion  and  encouragement.  And 
although  it  is  quite  possible  to  obtain  a  specific  amount  of  work  from  prisoners 
by  the  aid  of  the  stick,  as  is  sometimes  recommended  by  high  functionaries  in 
this  department,  yet  the  consequence  is  necessarily  aversion  for  an  employment 
which  involves  so  many  penalties  and  of  which  such  bitter  recollection  must 
always  be  preserved,  and  the  moral  object  of  penal  establishments  is  thus  also 
in  fact  defeated — which  should  be  not  so  much  to  inflict  pain  as  to  correct,  to 
receive  men  idle  and  ill  intentioned  and  return  them  to  society  if  possible 
honest  and  industrious  citizens."  Montesinos  states  that  after  he  adopted  this 
principle  the  number  of  recommittals  to  his  prison  became  very  small,  the  health 
of  the  prisoners  was  excellent  and  the  state  of  submission  perfect. 

Obermaier,  the  great  Bavarian  reformer,  who  governed  the  prison  at  Kaiser- 
slautern  from  1830  to  1836,  when  he  was  appointed  governor  of  the  prison  at 
Munich,  introduced  the  system  of  indeterminate  sentence  and  the  good  time 
system  and  the  system  of  allowing  the  prisoners  a  share  of  what  they  earned,  and 
in  a  work  published  by  him,  he  states  that  from  1830  to  1836  he  discharged  132 
criminals  who  had  been  sentenced  to  penal  servitude  for  terms  varying  from  five 
to  twenty  years  and  that  123  of  these  had  conducted  themselves  admirably  since 
their  discharge,  and  that  between  the  years  1843  and  1845,  he  discharged  from 
the  Munich  prison  "  298  prisoners  sentenced  for  various  periods  from  one  to 
twenty  years,  of  whom  246  had  been  restoied  improved  to  society."  Of  the 
others  26  were  of  doubtful  character,  but  had  committed  no  offence,  ten  had  again 
fallen  into  the  hands  of  the  police,  eight  were  remanded  and  eight  had  died.  An 
English  clergyman  describes  this  prison  as  a  scene  of  great  life  and  activity.  The 
reduction  in  the  term  of  imprisonment  which  the  best  prisoner  could  obtain  was 
small  compared  to  what  prisoners  can  earn  under  the  prison  and  reformatory 
systems  of  some  of  the  United  States,  and  the  prisoner's  share  of  his  earnings  was 
small  compared  with  the  rate  of  wages  in  this  country.  In  the  six  years,  from 
1850  to  1855,  the  prisoners  in  the  Munich  penitentiary  earned  on  an  average 
£1  12s.  ll|d.,  or  about  eight  dollars,  "  deducting  all  expenses  connected  with  and 

14  (p.c.) 


210 


arisino-  from  his  employment."  It  should  be  remembered  that  wages  were  very- 
low  in  Germany  thirty-five  years  ago,  and  that  the  aggregate  of  such  share  of  his 
earnino-s  for  ten  or  even  five  years  was  to  the  average  prisoner  no  inconsiderable 
sum.    This  prison  is  now  partly  conducted  on  the  cellular  system. 

In  France  prisoners  receive  of  the  proceeds  of  their  labour  in  the  following 
proportions  :  Those  awaiting  trial  seven-tenths  ;  those  sentenced  to  imprison- 
ment five-tenths ;  to  detention  five-tenths  ;  to  seclusion  four-tenths  ;  to  hard 
labour  three-tenths.  One-tenth  is  subtracted  for  every  previous  condemnation,, 
but  the  part  going  to  the  prisoners  can  in  no  case  be  less  than  one -tenth.  Aug- 
mentations are  accorded  under  the  title  of  recompense  ;  diminutions  are  imposed 
by  way  of  discipline.  The  peculium  is  divided  into  two  equal  parts.  One  part 
may  be  used  by  the  prisoner  during  his  detention  in  the  purchase  of  supplemen- 
tary food  and  clothing  within  limits  fixed  by  the  rules  or  in  aiding