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67th Congress, j HOUSE OF REPRESENTATIVES. J Document 
 M Session. f j No. 462. 
 
 MODERN PRISON SYSTEMS. 
 
 THEIR ORGANIZATION AND REGULATION IN VARIOUS 
 COUNTRIES OF EUROPE AND AMERICA. 
 
 BY 
 
 CHARLES RIOHMQN D ,jaMD EBSON, 
 
 PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF CHICAGO 
 
 INTERNATIONAL PRISON COMMISSION REPORTS. 
 
 SAMUEL J. BAEROWS, 
 Commissioner for the United States. 
 
 *■ » •> 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 1903. 
 
5Z Vf J 
 
 EXPLANATIONS AND CORRECTIONS. 
 
 Page 159. Asylum for insane convicts at Chester, 111., is under supervision of State 
 Board of Charities. 
 
 Page 162. New Jersey. — State Council of Charities and Corrections has beenabolished. 
 
 Page 166. Massachv^etts.- — ^The State Board of Charities supervises the State Farm, 
 paroles inmates, maintains probation officers. 
 
 Pages 153-181. Classification of States may be better as follows: (1) Local boards, 
 with no central board, executive supervision — Maine, Kansas, North Dakota, New 
 Jersey, Utah, California; and States of the South with peculiarities of their own — 
 Maryland, Viiginia, West Virginia, Kentucky, Louisiana, South Carolina, Alabama, 
 Texas, Florida, Georgia (observe note to page 191), New Mexico; (2) local boards, 
 supervision by State boards of charities and correction — New Hampshire, Connecti- 
 cut, Michigan, Ohio, Indiana, Illinois, North Carolina, Missouri, Xennessee, Colorado, 
 Pennsylvania, South Dakota; (3) Central boards of control — Vermont, Arizona, Rhode 
 Island, Wisconsin, Iowa, Minnesota, Washington; also, Massachusetts and New York, 
 but with further specialization; (4) Executive coritrol — Nebraska, Wyoming, Oregon, 
 Idaho, Oklahoma, Montana, Arkansas, Mississippi. Delaware has a peculiar county 
 system. For a recent and important study of State boards, see Report of Dr. F. H. 
 Wines, general secretary of New Jersey State Charities Aid Association, 1904. 
 
 Page 167. End of fourth line, read "clerks" for "courts," and comma after "Muni- 
 cipal courts," instead of after "justices." 
 
 Page 174. Washington. — In 1901 the State Board of Audit and Control was abolished 
 and a board of control of three members (salary $2,000 each and not to exceed $1,000 
 for expenses) was established. 
 
 Page 17i., Maryland. — Local board for house of correction, and has Board of State 
 Aid and Charities. 
 
 Page 180. Add Georgia. — Code of 1901. Has prison commission and charities, three 
 members; salary, $2,000 each and expenses of travel. They act as board of pardons. 
 Jails are under county commissioners, the sheriffs being jailers. 
 
 Page 199. In 17th line from bottom, read ' ' Dedham ' ' for ' ' Oldham ;' ' and instead of 
 "has a legal right to a subsidy," read "may receive such allowance from the State 
 appropriation for aiding female prisoners as the prison commissioners shall deter- 
 mine." (See Revised Laws, chap. 225, sec. 137.) 
 
 On care of discharged prisoners in United States, see A. W. Butler's report, National 
 Prison Association, 1902. 
 
 Compare with this volume the earlier descriptions of Dr. E. 0. Wines in "State of 
 Prisons and Child Saving Institutions." 
 
 A list of reform schools, reformatories, and penitentiaries is found in proceedings 
 of National Prison Association, 1901. The list cited in the book does not profess to 
 be complete for all States. 
 
 Chakles Richmond Henderson. 
 The University of Chicago. 
 
X__vU]ia.^^ 
 
 LETTER OF SUBMITTAL. 
 
 Februaky 5, 1903. 
 
 Sir: I have the honor to present herewith a report prepared by 
 
 Charles Eichmond Henderson, Ph. D., D. D., professor of sociology in 
 
 the University of Chicago, relating to the organization and regulation 
 
 of modern prison systems of various cpuntries of Europe and Ameiica. 
 
 The data, industriously gathered and carefully arranged by Dr. 
 
 Henderson, will be of great practical value for comparative purposes. 
 
 I respectfully request that the report may be presented to Congress, 
 
 to be printed as a document of the International Prison Commission. 
 
 I remain, sir, your obedient servant, 
 
 ^ S. J. Barrows, 
 
 Commissioner for the United States on the 
 
 International Prison Corn-mission. 
 
 Hon. John Hay, 
 
 Secretary of State, Washington, D. G. 
 
LETTER OF TRANSMITTAL. 
 
 Department oe State, 
 Washington, February 10, 1903. 
 Sir: I have the honor to transmit herewith copy of a letter from 
 Mr. S. J. Barrows, commissioner for the United States on the Inter- 
 national Prison Commission, forwarding a report prepared by Charles 
 Richmond Henderson, Ph. D. , D. D. , professor of sociology in the Uni- 
 versity of Chicago, relating to the organization and regulation of 
 modern prison systems of various countries of Europe and America. 
 I have the honor to be, sir, your obedient servant, 
 
 John Hay. 
 Hon. David B. Henderson, 
 
 Speaker House of Mepresentatimes. 
 
TABLE OF OOS'TEE'TS. 
 
 Page. 
 
 Introduction vii-xxxvi 
 
 Documents: 
 
 German Empire and German States 1-70 
 
 Prussia 4-17 
 
 Bavaria 17-30 
 
 Saxony 30-52 
 
 Wurttemberg 52-70 
 
 Austria 71-94 
 
 Switzerland 95-101 
 
 Holland 101-105 
 
 Denmark 106-110 
 
 Norway 110-115 
 
 Great Britain (England) 115-135' 
 
 Canada 135-143 
 
 United States of America 143-202 
 
 Mexico 202-229 
 
 France 229-271 
 
 Italy 272-306 
 
 Belgium 307-313 
 
 Index 315-319 
 
i:n^tiiodtjctio:n^. 
 
 1. The purpose and scope of this volume. — The foundation of wise 
 plans for the future is laid, not in speculation and imagination, but in 
 knowledge of the teachings of world-wide experience as formulated by 
 experts. The present work offers: (1) A collection of facts, the 
 actual methods of administering prisons and reformatories in civilized 
 nations; (2) the translation of these documents into English, so as to 
 make them easily available to practical men in America, Great Britain, 
 and wherever our language is understood; (3) to arrange the state- 
 ments on a uniform plan, so that thej'^ may be compared on specific 
 topics; (i) to discover the agreements and the differences in the 
 practice of different countries; and thus (5) to discover some of the 
 causes which produce noteworthy tendencies in administration; and, 
 finally, (6) to call attention to suggestions for improvement in our 
 methods and practice in America. Wise men learn at the cost of 
 experiments made by others; foolish people insist upon learning only 
 from their own experience, with doubtful results. 
 
 The text of this volume is composed of authentic facts in a certain 
 wide field of social activity where the battle with antisocial forces is 
 fought. But facts, even when intelligently arranged, are not science. 
 Only when the phenomena are displayed in their uniform sequences, 
 their causal connections and their significance for conduct have we a 
 scientific treatment, a reliable theory. This introductory chapter is 
 an essay toward a comprehension and interpretation of the facts which 
 follow. 
 
 Naturally the writer of this book, after the long and tedious labor 
 which was necessary to produce it, has a desire and a hope that it will 
 be useful. A study of the documents should stimulate experiment, 
 clarify judgment, enlarge the number of "working hypotheses." 
 These regulations are not final; they do not in all respects agree; and 
 some of them show the influence of antiquated conceptions of the pur- 
 pose of prisons. But those persons who advance beyond these methods 
 must first know them and climb to their heights in order to see farther. 
 
 2. The countries whose administration is described may be divided 
 into two large groups — those of northern Europe, Canada, and the 
 United States of America (largely "Teutonic"), and those of soathern 
 Europe, Belgium, and Mexico (largely "Romance" or "Latin"). It 
 is hoped by the author that a supplementary volume will soon be ready, 
 which will add documents relating to Russia, Spain, Portugal, Greece, 
 Sweden, Japan, etc., but the present collection is fairly complete in 
 itself as a representation of European and American methods. 
 
 3. Limitations of the work. — Owing to the fact that space and readers' 
 attention are limited, it has been necessary to omit some documents 
 
VIII INTEODUOTION. 
 
 'where there was a great deal of duplication of data used; and it has also 
 been necessary to condense the naatter where it could be done without 
 loss of important information. Some repetition was unavoidable. 
 
 Nor was it possible to adhere rigidly to the classification of material 
 under the topics; but facts relating to any topic may readily be found 
 by using the index, which is made quite full for this purpose. 
 
 PROBLEMS OF GENERAL ORGANIZATION AND ADMINISTRATION. 
 
 It is hoped that the collection of documents presented in this volume 
 will throw light on the perplexing questions of administration of State 
 institutions in the United States. • In some of our Commonwealths the 
 administrative service has not been clearly distinguished from the 
 other departments of government, and its relations to the chief execu- 
 tive have not been clearly defined. Even in the older States, as in 
 Massachusetts and New York, changes of a revolutionary nature have 
 recently been made and others may be expected. There is no uni- 
 formity of method, and the discussions of the subject often reveal 
 mental confusion. In the absence of generally accepted principles and 
 public understanding, the rings of political leaders frequently intro- 
 duce measures which show all the marks of the "spoils system." 
 While absolute uniformity of devices is not possible nor desirable, 
 there are certain ascertained principles which should bring unity, 
 order, justice, and reason into the development of our administrative 
 systems all over the Union. 
 
 What are the fundamental and determining pwposes of the central 
 administration of the prison system of any State? A clear view of the 
 end will assist us in understanding the means to be employed. The 
 function of the prison system is to execute the penal law, to realize its 
 social ideals. What are the decisive objects of the penal law? They 
 are to protect society, enforce justice, and, so far as possible, to bring 
 the offender himself into habits of conduct which are consonant with 
 good order and security of person and property. 
 
 The people of a commonwealth, when they are enlightened on the. 
 subject, desire (1) that the administration of their prison system shall 
 be in itself efficient and economical in its working; (2) that it should 
 be so conducted that the industries of free labor shall not be injured, 
 that the public order and good will shall not be disturbed, and that 
 the general progress in intellectual, esthetic, and moral culture shall 
 not be impeded; and (3) that there shall play freely upon the entire 
 administration, in all its ramifications, the light of intelligent discus- 
 sion, of every science, and of all wise and humane judgments of a 
 civilized community. The people of our States, when their attention 
 is once called to these principles, always approve them, because they 
 are implicit in the aims and spirit of a nation accustomed to self- 
 government and determined that its government shall be the instrument 
 of its will, not a despot over its life. 
 
 The documents here offered for study illustrate the methods which 
 advanced and civilized governments, under the influence of modern 
 free thought, have devised to secure efficiency, economy, justice, 
 reasonableness in the system itself, and to keep the system in vital 
 touch with the progressive revelations of science in league with 
 philanthropy and patriotism. 
 
INTRODUCTION. IX 
 
 This general problem resolves itself into a number of special prob- 
 lems, which require a brief discussion. 
 
 A government deals with offenders by means of legislation, judicial 
 interpretations and applications, and, finally, by its executive and 
 administrative agents. It is with this last factor that this volume 
 deals. The court, on the basis of the penal code, announces a verdict 
 and sentences a convicted person to a prison or reformatory for a more 
 or less definite»period. The language of the statute is brief and con- 
 veys little knowledge of the real meaning and content of a sentence. 
 The most exact and adequate Statement of what a convict actually suf- 
 fers, while deprived of liberty, is not found in criminal law books, but 
 in those documents which state with great detail exactly what officers 
 and prisoners do from hour to hour and through the dreary years of 
 exile and isolation. 
 
 These regulations have been drawn up, in large part, by administra- 
 tors who have lived face to face with the violators of law and have been 
 compelled to deal with them in every aspect of existence. They have 
 been devised to meet all possible combinations of circumstances and 
 needs; to thwart the cunning of men eager to escape from restraint, 
 and many of them absolutely without scruple as to the means of 
 obtaining liberty; and to bring the officers themselves under the con- 
 trol of an impartial, just, and humane rule of conduct. 
 
 Officers of prisons need to be under a code of regulations. They 
 are severely tried and tempted. They deal with men whose conduct 
 is extremely provoking, the worst and most dangerous men in society. 
 They are subtly bribed, coaxed, and fawned upon. Conspiracies and 
 plots are hatched within the institution. Comrades on the outside are 
 ever seeking to secure release of their associates. Contractors, mer- 
 chants, politicians, attorneys, relatives, merchants are ever ready to 
 tempt the warden and his subordinates to sacrifice public interests to 
 private advantage. In view of this constant stress it must be said that 
 prison discipline is, first of all, discipline of the officers themselves. 
 
 This discipline of the administrators can be best enforced in the 
 form not of edicts, but of laws. The arbitrary orders of a superior 
 are uncertain and often unjust. A central board, acting as represent- 
 atives of the government, can make regulations without passion, and 
 the printing of these laws gives to all persons concerned the protection 
 of publicity. 
 
 Tyrants dislike law. Louis XIV said : "The State — it is I. " Anglo- 
 Saxon civilization has advanced hj protecting the rights, liberty, and 
 security of all its citizens by law; by requiring legislatures, presidents, 
 kings, judges, courts, administrators, to act under impersonal, public 
 law, which excludes all partiality, favoritism, and inequality. The 
 rules for the government of prisoners are the fingers of the heavy hand 
 of the penal code of a state, the finest instruments of its general 
 purpose. 
 
 Superior control of state administration. — Logically, the state govern- 
 ment which formulates the penal law should see that it is executed. 
 Historically, it could be shown that when the state neglects this duty 
 and does not provide for a centralized agency of administration certain 
 evil consequences inevitably and uniformly result, and that in all coun- 
 tries. In the nature of the case this must be true, and the causes are 
 not difficult to discover. Local officials, left to themselves, without 
 
X INTRODUCTION. 
 
 subordination to superior central control, can not act in concert; they 
 are sure to interpret the penal law in as many ways as there are places 
 and managers. The outcome is that equity is mocked; the law is 
 enforced according to the endless variations of ignorance and knowl- 
 edge, wisdom and folly, cruelty and gentleness which happen to be 
 the qualities of jailors and superintendents. Equity is of the essence 
 of just administration; unequal penalties contradict the very idea of 
 justice. To hand over the administration of a state law to local 
 officers without providing for central control means the abdication of 
 duty on the part of the state government. The evil results were long 
 since recognized in Europe, and corrected in every country by the 
 establishment of a central administrative authority, to which all local 
 officers are made subordinate. 
 
 Central imperial authority in Germany makes itself felt by means 
 of the Imperial Penal Code and Code of Procedure, the supreme court, 
 and the Bundesrath. It seems probable that in the near future the 
 "main principles" established by the Bundesrath in 1897 will be 
 expanded and developed into an imperial code of regulations for 
 prisons and reformatories. In the meantime the regulations are drawn 
 up by the central authority in each State of the Empire. This central 
 authority is the minister of justice, or the minister of the interior, 
 or there may be a division of labor and authority between several 
 ministers, as of justice, internal affairs, finance, etc. 
 
 In the Kingdom of Saxony, for example, the ministers of the 
 interior and of justice exercise supreme direction of all penal estab- 
 lishments: (1) by regulations and orders; (2) by requirements of 
 periodical reports, according to a uniform system, upon the basis 
 of books and records kept in a certain prescribed form; (3) by visits 
 of inspection through commissioners sent out by the ministry. In 
 Austria the central authority is represented by the superior counsellor 
 of state and the minister of justice. Taking Zurich as an example of 
 Swiss methods, the central board is a commission for supervision com- 
 posed of seven members, the first being a member of the cantonal 
 council of government and the other six being appointed by this 
 council; the secretary of prison affairs keeping the records of the 
 commission. 
 
 In Holland the minister of justice is the final authority, and he acts 
 through an inspector-general and a referendary, with two assistants 
 for inspection, and an administrative commission at each establishment 
 appointed by the King. For counsel in regard to industries there is 
 a commission, composed of persons representing commerce, manufac- 
 tures, and labor. It is reported from Norway that the centralization 
 of administration in 1875 was followed by marked improvements. The 
 superior official is the minister of justice, whose office has a special 
 bureau of prisons, in which the secretary -general is the active agent. 
 The abuses of local prisons in England, which were exposed by John 
 Howard in the eighteenth century, were not fully corrected until they 
 came under the control of the home office. The secretary of state holds 
 the reins, and prison officers retain office during his pleasure. Very 
 interesting is the visiting committee appointed in London by the quarter 
 sessions each year. It meets at the prison once a month, and some 
 member visits the prison at least once a fortnight. They cooperate 
 with the commissioners in improving the service and have certain 
 administrative powers. The secretary of state appoints a board of 
 
INTBODUOTION. XI 
 
 visitors for each convict prison, and they are required to visit the 
 prison and cooperate with the governor in promoting efficiency of the 
 service; and, in some instances, they exercise control in regard to 
 classifying prisoners and care of those who are discharged. In Canada 
 the inspector of penitentiaries, subject to the approval of the governor 
 in council, makes rules for the management of penitentiaries. The 
 minister of justice exercises complete administrative power in connec- 
 tion with the selection of officers, with the concurrence of the governor- 
 general in council in case of the higher officers of prisons. 
 
 The penitentiary, the prisons of Mexico, and the house of correc- 
 tion are subject to the secretary of the government, although his 
 powers are exercised immediately through the government of the 
 district. Provision is made for regular inspections and for uniform 
 reports. In France the departmental prisons, central houses, and 
 colonies for young offenders are all subject to the authority of the 
 minister of the interior. The courts have power to direct the man- 
 agement of prisoners who are held as suspects or are awaiting trial, 
 but only under regulations which emanate from the central adminis- 
 tration. There is a national commission of supervision which gives 
 judgments in respect to improvements, but have no administrative 
 duties. The central house is directly under the care of the prefect of 
 the department, who reports to the minister of the interior. 
 
 The administration of Italian prisons depends upon the minister of 
 the interior, who acts through the prefects of the provinces, the courts 
 having a certain control of prisoners within established rules. In all 
 communes where prisons are found there is established a local council 
 of surveillance which has power to recommend transfers of prisoners 
 and to advise with the director. A visiting commission is also consti- 
 tuted, with power to inspect the food, furniture, sanitary conditions, 
 instruction, work, and other aspects of prison life, and to cooperate 
 with the director. This commission is composed of eminent citizens, 
 and the societies of patronage are represented. A corps of inspectors 
 having their offices with the minister of the interior act as his agent 
 in inspecting the prisons and securing information. The director- 
 general of prisons is the actual representative of the central authority 
 at the capital. 
 
 All Belgian prisons belong to the general government and admin- 
 istration is centralized under the minister of justice, the agent of his 
 authority being the director-general of prisons. In connection with 
 each prison is an administrative commission appointed by the King, 
 and having duties of inspection, oversight, and cooperation with the 
 director. The lockups are under control of local courts and police. 
 On the value of centralization the official repoit says: 
 
 The uniformity of administration, which is the principal consequence of the system, 
 assures a plan of repression of the same character throughout the Kingdom. It 
 avdids the inequalities and injustice which arise when prisoners of the same class are 
 under different rules. It permits the most speedy discovery of abuses and their 
 correction. Economically it is most advantageous. 
 
 The official personnel of each establishment. — Naturally the number of 
 officers and the division of labor among them must vary with the 
 number of inmates, their age, the structure of the buildings, and the 
 purpose of the discipline. The responsible head of each establish- 
 ment (warden, governor, director, superintendent, etc.) must have 
 power equal to his responsibility. In order that he may be able to 
 
XII INTKODUCTIOK". 
 
 meet the requirements of the central State authority he must have a 
 high degree of control over his subordinates, being restricted only by 
 such regulations as will tend to check arbitrary conduct on his part 
 and give to assistants and prisoners a chance for appeal in serious 
 matters. 
 
 The division of labor found desirable in large establishments is made 
 upon the basis of the various requirements of the community: (1) 
 Order and security; (2) household service and industry; (3) spiritual 
 needs; (4) care of health. For each department of life is required men 
 of special qualifications and training and varied ability, and provision 
 must oi'dinarilj'- be made for 'substitutes when an officer is compelled 
 to leave his post. Under this general division of labor we find, under 
 various titles: (1) For order and security, deputy wardens, guards in 
 ranks, watchmen, etc. ; (2) for household service and industry, book- 
 keepers, superintendents and foremen in shops, or teachers of trades 
 in juvenile reformatories, and cooks, waiters, etc.; (3) for spiritual 
 needs, teachers, chaplains, and librarians; (4) for care of health, 
 physicians, druggists, nurses. The mention of the positions and 
 functions suggests the necessary qualifications. 
 
 ftualifications for appointment. — There is a singular omission in the 
 documents: No where is mention made of "loyalty to party" as a 
 recommendation for office in European prisons. This is not expressly 
 named, even in the rules of prisons in the United States. It should be 
 said to our credit that we are at least ashamed to publish our vices. 
 We are not proud of our faults. 
 
 The director or warden."- — The qualifications generally required in 
 the better systems may be summed up in a few sentences: The head of 
 a prison or reformatory should have a superior education in general 
 and also have a training through the lower stages of prison manage- 
 ment up to the highest position. 
 
 At this point is presented a problem of administration of the highest 
 significance, since the efficienc}^ of even a defective system may be 
 great with excellent officers, and inferior officers will make the best 
 method work injury. 
 
 In the worst system, known in the United States as the "spoils 
 system," in States where civil-service rules have not yet been intro- 
 duced, the primary condition of eligibility is service of the party in 
 power. Naturally activity in partisan campaigns is not a direct 
 preparation for the profession of a prison officer, high or low; and 
 yet the results are not always as bad as one might expect. The party 
 leaders are compelled to respect public opinion in selecting persons to 
 fill positions. The newspapers are busy exposing instances of incom- 
 petence, neglect, cruelty, or dishonesty, and American customs give 
 the reporter access to every nook and corner. Occasionally a warden 
 or superintendent is retained because of his superior talents, even 
 when parties change places in power. But such mitigating considera- 
 tions do not justify the system. 
 
 Citizens of the United States may consider with profit the conditions 
 of appointment in countries under a more permanent system. 
 
 In England military officers are frequently chosen as governors, 
 and it is thought that their previous training fits them for the position 
 of commander of rebellious men. 
 
 "See President's address, Proceedings of National Prison Association, 1902, on 
 "The social position of a prison warden," by tiieauthior. 
 
INTRODUCTION. XIII 
 
 TKe deputy warden should have the superior education required of 
 a warden, because he should be in line of promotion for that position. 
 
 The chaplain should have a recognized position in the church to 
 which he belongs, and the State would do well to require of him 
 certain academic degrees which prove that he has at least a moderate 
 professional education. 
 
 The physician may be chosen from those who have a degree from an 
 accepted medical school and who have had at least two or three years 
 of practice in a subordinate position. Assistant physicians may act 
 for the prison physician under suitable restrictions. 
 
 Svbordinate positions — Qualifications. — ^The regulative principle 
 may be stated in this general form: The candidate must prove, by 
 school certificate or examinations, that he has sufficient general knowl- 
 edge for the position; he must pass from grade to grade in the direc- 
 tion of the highest post to which he aspires, either in the establishment 
 or elsewhere. 
 
 In the Austrian regulations (Marburg prison) the following qualifi- 
 cations are required of guards: 
 
 They must be Austrian citizens, not over 35 years of age, of good health, of 
 unquestioned character; must be able to read and write both the languages of the 
 country, and have certificate of having served their term in the army. Men who 
 can teach trades are preferred. The first examination is provisional. A definite 
 appointment follows only after a year's probation in which the candidate has shown 
 his fitness for the place and passed a second examination by the director, steward, 
 and inspector of guards. 
 
 A study of the duties of each office reveals the qualifications which 
 are required in the various departments of administration. 
 
 Recruiting the service; modes of appointment. — The problem here is 
 to secure persons who are qualified for the places to which they aspire; 
 to detemiine who shall appoint and on what terms; and from what 
 qualified classes the selections shall be made. 
 
 In Zurich (Switzerland) the subordinate employees, clerks, overseers, 
 cook, etc., as well as teacher and organist, are appointed by the com- 
 mission of supervision on nomination of the director. 
 
 In Holland the chief officers are appointed by the King on the nomi- 
 nation of the minister of justice; the other officers by the minister, 
 upon the suggestions of the administrative commission of the estab- 
 lishment. "Political influences have nothing to do with appointments 
 or promotions." Those who enter the service must begin at the lower 
 posts and advance by promotion. There are no special schools to 
 prepare officers, but the director gives instruction to his subordinates. 
 
 In Denmark the King appoints a director and pastor for each peni- 
 tentiary. The lower officers are nominated by the director-general of 
 prisons. "Political considerations do not influence appointments." 
 Bookkeepers are chosen from among the clerks. Chief guards are 
 chosen from those who fill subordinate positions. 
 
 In Norway the director and chaplain are named by the King; the 
 other officers by the minister of justice or by the director. 
 
 In Great Britain the triumph of the "merit system" of civil-service 
 rules has long since been assured, and the methods of examination and 
 probation are applied to the prison staft', as well as to all other depart- 
 ments of administration, and this with most happy results. The gov- 
 ernors of prisons are chosen from among men who have manifested 
 ability in positions of command, often in the army. The subordinate 
 
XIV INTBODUCTION. 
 
 positions are j&lled from a list of persons who have given evidence of 
 possessing the necessary education, character, and other elements of 
 fitness. 
 
 The good traditions of British administrations have taken root in 
 Canada. The minister of justice selects officers, in conference with 
 the governor-general in council. Physical, educational, and other 
 tests are required. 
 
 The Italian regulations give evidence of a careful selection by the 
 ministry of officers for each position on the ground of their fitness 
 for the positions to which they are called, and the inspectors are in a 
 position to inform the minister of errors in appointments. 
 
 In Mexico the appointments are made by the central authority on 
 the nomination of the district government. 
 
 In France the higher officials are chosen with reference to their 
 special qualifications. There are no special schools for recruiting the 
 administrative corps, but admission to lower positions takes place only, 
 after an examination relating both to general instruction, the elements 
 of penal law, and public accounts. The guards are usually persons 
 who have served in the army, and in institutions for juvenile offenders 
 men are preferred who can teach trades. A school has been estab- 
 lished for the advanced instruction of guards, clerks of accounts, and 
 guards in chief. 
 
 Promotion and degradation. — Under this head must be considered {a) 
 the tests of efficiency and marks of defective service; (5) fidelity and 
 length of service; (c) the lines of promotion in different departments. 
 
 It is evident that promotion must generally be restricted to certain 
 spheres. For example, in the department of teaching there may be 
 assistants and principals and the positions in various institutions may 
 be unequal in point of salary or opportunity, but promotion from the 
 position of teacher to that of physician or warden would be practically 
 out of the question. The physical, mental, and educational equipment 
 with which an officer starts will ordinarily determine the possibilities 
 of promotion. Naturally, in America, where careers open in all sorts 
 of unexpected ways and professional standards are not so fixed as in 
 Europe, the chances for the exceptionally gifted man are greater, but, 
 on the other hand, other considerations than fitness and merit more 
 often disturb the hopes of an ambitious and faithful officer. 
 
 Tenure of office. — Here we naturally ask for determining considera- 
 tions in relation to these questions: (a) What officers are permanent; 
 (5) which may be dismissed, and on what notice; (c) causes of suspen- 
 sion or discharge; {d) right of hearing and appeal; (e) influence of party 
 connections. 
 
 In all matters relating to qualifications, appointments, promotion, 
 tenure, and discipline of prison officers, one must study the general 
 system of administrative law of each country, a branch of law more 
 fully developed in Germany and France than with us. The documents 
 here published do not convey much information on these points. 
 
 In Lower Austria guards may leave their positions upon giving a 
 notice of fourteen days. The director can discharge a guard, with 
 consent of the State commission, upon fourteen days" notice, without 
 giving reasons. In case of necessity a watchman may be instantly dis- 
 charged. In Zurich a notice of six weeks must be given. The officers 
 in Norway are never removed as long as they are able to act. unless 
 they are guilty of a misdemeanor. 
 
INTBODUCTION. XV 
 
 Discipline of officers and employees. — The documents show the means 
 of holding officers to their duty — instruction, advice, reprimand, fines, 
 suspension, and discharge; in some instances severe penalties are 
 inflicted before discharge is resorted to. 
 
 Austria (at Marburg) : 
 
 "Guards are subject to disciplinary punishments for violation of rules of service: 
 Oral reproof, written admonition, oral reproof before other guards, deprivation of 
 privilege of going out on free days, incarceration for twenty-four hours, reduction 
 of grade, expulsion from service for serious offenses." 
 
 In Switzerland (Zurich) the director may employ as disciplinary 
 measures with employees, reprimand, prohibition to go outside the 
 prison, and fine as high as 10 francs. More severe penalties may be 
 inflicted by the commission. 
 
 Mexican orders provide that the secretary of the Government may 
 remove warden and other employees. The warden may discharge the 
 barber and laborers. The governor of a district and the warden may 
 suspend any employee. Records of conduct are kept. 
 
 The Government of France encourages fidelit}' by giving medals to 
 the most meritorious agents of administration, and this badge of honor 
 carries with it the substantial addition of 60 francs a year in pay. 
 
 Rules of conduct for officers. — ^The basis of discipline in the adminis- 
 trative corps is a law of conduct and a distinct and explicit statement 
 of the duties, rights, and authority of each member of the official staff. 
 On this point our documents offer a rich fund of suggestions. Per- 
 haps special attention should be called to the German, English, French, 
 Italian, and Mexican regulations; while those of the I ederal prison 
 are also precise and detailed. It has been said that the education of a 
 child begins, first of all, with the self-training of the parents, and it 
 would be also fair to say that the education of prisoners involves the 
 constant and rigid maintenance of discipline of the officers. Those 
 who hold others to rule must themselves be under .the reign of law. 
 
 In drawing up a code which should at least provisionally cover all 
 probable situations, a comparison of the rules herewith printed will 
 prove helpful in securing a comprehensive range of subjects and an 
 accurate statement of duties. The organizing and analytic genius of 
 the Latin mind seems to be distinctly shown in the Italian articles, and 
 the same qualities are apparent in the Mexican decrees. 
 
 Thus we find in the Prussian rules: "Officers may not enter into any 
 business transactions with prisoners nor receive presents from them." 
 In Austria: "Guards must have no financial dealings with prisoners." 
 The same rule obtains in England. The Mexican rule runs thus: " On 
 no account maj"^ wardens and other officers use prisoners for personal 
 service, not even if they consent and receive pay for it." 
 
 We may illustrate the value of some of the rules by selecting that 
 which occurs in various countries, the prohibition against giving or 
 accepting presente, and the rules which forbid all business transactions 
 between officers and prisoners. 
 
 The reasons for such regulative prohibitions are thus described by 
 an experienced warden:* 
 
 One of the most serious difficulties in a congregate prison, and one which inter- 
 feres constantly with the operation of reformatory influences is the tendency among 
 subordinate officers to become familiar with prisoners, and to yield to the superior 
 
 fflO. C. McClaughry, N. P. A., 1901, p. 179. 
 
XVI INTRODUCTION. 
 
 cunning and stronger will of some smooth crook, who, with cleverness born of long 
 prison experience, stands ready with numerous little services and attentions to make 
 the officer his debtor. This influence sometimes has its origin in the prisoner's 
 mechanical ingenuity which enables him to make for the officer (openly or surrepti- 
 tiously) some small article of curiosity or convenience. Sometimes the prisoner's 
 knowledge of the mysteries of English composition is greater than the officer's, and 
 help is given in that line. Sometimes he becomes the officer's banker through the 
 manipulation of his outside friends, and places investments for him or lends him 
 money. In prisons where "tinkering" is allowed the opportunity to earn small 
 sums by the making of trinkets in hours not devoted to the regular task generally 
 favors some hardened and handy rascal whose mechanical skill has been largely 
 developed along criminal lines, while the weary victim of his first serious lapse 
 from lawful citizenship plods heavily through his day's labor, with the disiourage- 
 ment of seeing men confirmed in crime obtaining concessions and advantages which 
 his very ignorance gf trickery seems to prevent him from obtaining. When "tink- 
 ering" is permitted the temptation of getting something for nothing creep in to cor- 
 rupt both officers and men. The actual possession of money by prisoners, in how- 
 ever small sums or at whatever time, leads not only to gambling and dishonesty 
 and discord among them, but has the worst influence upon officers and can not be 
 too strongly condemned. Mysterious escapes and jail deliveries generally have their 
 origin in some such beginnings. 
 
 It will be noted that Mr. McClaughry here gives reasons for taking 
 away all money, jewels, and other valuables at entrance, and keeping 
 them in the care of the warden until release. 
 
 Salaries and wages. — The French regulations give tables of rates of 
 income which seem very low in the United States. But a direct com- 
 parison would be very misleading. In a new country the pioneers 
 aim to use up forests and surface soil as rapidly as possible; whUe in 
 older countries the forests are carefully protected and economically 
 managed and the soil is annually fertilized. So in a new country, 
 like the United States, especially in the West, every man thinks he 
 must get all he can and as quickly as possible out of his office, hoping 
 to turn his booty to account in lucrative investments or private busi- 
 ness enterprises. In old countries, as in France or Germany, an 
 office is a field to be cultivated for a lifetime, the basis of family sup- 
 port for an entire generation ; and in this view the rent of a house, a 
 garden, care in sickness, and especially a pension for invalidism or 
 old age, are more important than a high salary, if attended with 
 uncertainty. 
 
 Sick benefits and retiring pensions. — (a) Care in case of accident and 
 sickness; (b) age of retirement, optional and obligatory; (c) pensions 
 in old age or invalidism; (d) rights of widows and orphans. Prison 
 officers are exposed to dangers peculiar to their calling, as in the case 
 of firemen and policemen. It is not only fair but also economical to 
 make provision for their income when they suffer injury and to give 
 indemnity to their families if they are killed. These matters should 
 be fixed by law and contract and not left to caprice and sentiment. 
 
 One method of affording relief in sickness is to include the treat- 
 ment of officers and other employees in the duty of the physician, and 
 to afford the advantages of the pharmacy at reduced rates." 
 
 In Zurich all employees have gratuitous medical care, and none can 
 be excused from service on claim of illness without a certificate from 
 the house physician. A fund to aid employees in sickness is built up 
 out of interest on certain investments, fines and contributions by the 
 State, and private persons. 
 
 Age of retirement. — The method employed in the United States is 
 beset with difficulties and evils. At times a faithful and honest officer 
 is retained on the staff long after he has grown old and feeble because 
 
INTRODUCTION. XVII 
 
 it is evidently inhuman to send liim adrift without income when it is 
 too late to learn a new profession. In other cases men incapable of 
 service are retained simply through "pull" or partisan political influ- 
 ence. In countries where a retiring-pension system has been developed 
 and firmly established this ugly problem is easily solved — the faithful 
 officer may retire voluntarily at a certain age, and he is required to 
 yield place to a strong man at a definite age. * 
 
 Pensions. — The social occupation of a man must provide for his 
 support. In the case of the normal man with a family the word 
 "support" must include the cost of his upbringing, education, train- 
 ing, decent livelihood, expenses of wife and children during middle 
 life, and maintenance in old age, with provision for widows and 
 orphan children. All these items can be estimated with the scientific 
 accuracy of the probabilities of life insurance for each calling. In a 
 stable society, with systematic arrangements, the contract with public 
 officers tends to cover all these items and give a sense of security to the 
 servant of the community, so that he can give his whole thought and 
 energy to his duty without distraction and without the temptation to 
 trade and gamble outside the institution. 
 
 Germany has developed the most scientific system of insurance for 
 accident, sickness, invalidism, and old age, not only for employees of 
 Government, but also for all wage-workers in the Empire. 
 
 The Bavarian regulations say, as from the royal authority: 
 
 We propose to permit suitable contributions for supj>ort, under provisions of the 
 rules of service, for prison guards who have become incapable of service through 
 age, sickness, and vpeakness, as well as to their widows and orphans when they have 
 not sufficient property of their own. 
 
 In Lower Austria the overseers, as well as their widows and orphans, 
 are entitled to a pension, under rules of the service. 
 
 In Holland it is thought that 60 years for guards and 65 years for 
 other officers is the proper age for retiring from service, and the former 
 are required by law to retire at 65 and the latter at 70 years at the 
 latest. All officers have a pension when they retire on account of 
 infirmity or age. The rate is two-thirds of salary for those who have 
 been injured in the service, and for others it is reckoned on the basis 
 of the number of years served. Ordinarily one must serve ten years 
 before he gains a right to a pension. 
 
 In Norway all officers except the director, chaplain, physician, etc., 
 are required to make payments to a pension fund founded by the State. 
 The legislature votes a supplement. In case of directors and chaplains 
 the pensions are voted entirely by the legislature. 
 
 The Canadian regulations seem to go no further than the principle 
 of gift: 
 
 In the retirement of an officer or employee from the service the minister may 
 authorize the payment of a gratuity within the limits provided by the penitentiary 
 act. 
 
 This is the embryonic stage of development of a thoroughly modern 
 system. 
 
 Widows and orphans of officers who have died in service are left to 
 chance in the United States. In some countries a regular method of 
 caring for them has been embodied in law. 
 
 Conferences of officers. — {a) Who are members; (5) rights and powers, 
 subjects discussed, counsels, and decisions. — The essential principles 
 
 H. Doc. 452 — -II 
 
XVIII INTKODUCTION. 
 
 which lie at the base of the institution conference are vital. While 
 responsibility for executive action must ultimately rest with the 
 warden, governor, or director, that action can never be most wise 
 which ignores the counsel and information which subordinate officers 
 can give. One who possesses power needs to protect himself against 
 the temptations of his singular and commanding position. As a miser 
 becomes infatuated with* his hoards, so an arbitrary ruler may be 
 blinded to the limitations of his knowledge and wisdom. He who is 
 constantly obeyed without question may easily fall into the delusion 
 that he is infallible. Secrecy and darkness put moral character to 
 undue strain, and the strongest character has its limits of endurance 
 of tension. The teachers, chaplains, physicians, deputies gain knowl- 
 edge of prisoners which the chief administrator needs before his 
 decision can rest on all the facts of a situation. By comparison of 
 views and reasons in a general conference the "personal equation" is 
 corrected and the sanest conclusion is reached. For such reasons the 
 conference of officers, in some form, has become quite common. Some 
 examples may be cited by way of illustration. 
 
 Each Bavarian judicial prison has a prison commission, consisting 
 of the director, as president, the physician, a representative of the 
 state's attorney, etc. This commission decides questions relating to 
 security, labor, health, food, and labor rewards. It meets once in 
 each quarter. 
 
 In Saxony there is a council made up of all superior officers of an 
 establishment. Meetings are held once a month and on the special 
 call of the director. The advice of the council may be set aside by the 
 director. There are some matters on which the director is not per- 
 mitted to act until he has heard the council, as in relation to the pro- 
 longation of cellular confinement beyond three years, conditional 
 release, certificates of confidence, etc. 
 
 In Marburg prison (Austria) a conference of officers is held each 
 week. The members do not vote, but if the majority differs from the 
 director he must record his reasons for his decision. In Zurich the 
 conference is composed of the director, administrator, chaplain, and 
 physician; meets at least once in two months; considers important 
 events in the institution and controls the marks of prisoners and aid 
 to be given them. In Norway the higher officers meet once a week to 
 deliberate upon matters which affect the conduct and industries of 
 convicts. 
 
 In Italy a "council of surveillance," mentioned already, in which 
 the director acts as secretary, performs some of the functions of a 
 conference. In almost all countries the director must heed the advice 
 of the physician in relation to the effects of diet and punishroent on 
 the health of convicts. 
 
 Schools for training prison officers.— Schools for technical education 
 of prison officers have not yet become common, although beginnings 
 have been made in several countries. 
 
 While there are no special schools for prison officers in France, 
 there is a systematic effort to educate guards who enter the service 
 from the ordinary schools and are ambitious to secure promotion . 
 
 Elementary schools exist in all the large establishments. The organization of 
 these schools has been completed by the creation at Paris of a superior school to 
 which are called the better pupils of the elementary schools. The instructors of this 
 superior school are chosen among the general inspectors, the chie/s of the bureau of 
 
INTRODUCTION. XIX 
 
 the minister of the interior, the directors of penitentiaries, and certain of their 
 assistants. A physician gives instruction in hygiene. The pupils receive detailed 
 instruction in anthropometry. 
 
 Japan has taken advanced ground in the education of its prison 
 oflScers. The first steps were taken in 1890, and a new school was 
 opened in 1899 in the city of Tokyo. The students are divided into 
 divisions A and B. Those in Division A are selected from officers 
 now in service, clerks and wardens, and their term of study is six 
 months. Division B is made up of students selected from candidates 
 who have qualifications for ordinary civil affairs. Their term of study 
 is one year. The programme in both divisions is penologj', prison 
 hygiene, criminal psychology, statistics, anthropometry, the mainte- 
 nance of ex-convicts, methods of reformation, the Penal Code, Code 
 of Criminal Procedure, soldierly exercise, practical drill in prison 
 management, an outline of constitutional law, the Civil Code, and 
 administrative laws."' 
 
 Inspection, supervision, and visitation. — Under this topic illustrations 
 may be given of the different devices adopted for the action of public 
 opinion, for the information of the community, and for the play of 
 humanity and science on the routine and secrecy which always attend 
 prison life. Of these agencies thei'e are several types — official, semi- 
 official and general: as (a) agents and messengers of the central state 
 board or ministry, acting as its representatives; (5) visiting commit- 
 tees (as in England), appointed by the central authority and having 
 certain defined powers; (e) voluntary societies, prison associations (as 
 in New York), societies of patronage for the aid of prisoners and their 
 families. 
 
 Nowhere in the civilized world is admission to prisons so open and 
 unconstrained as in most places in the United States. The reporters 
 for the daily press are permitted to range at their will. On Sundays 
 crowds of curious excursionists make a visit to a penitentiary a part 
 of their holiday. Not seldom do visitors give serious offence to the 
 convicts and disturb order and reformatory measures. Every Amer- 
 ican citizen seems to think he has a right to go where he pleases in a 
 public institution. Against these abuses there is a natural and proper 
 reaction. The public has a right to know what is going on in prisons, 
 but individual citizens have no right to interfere with the retributive 
 and reformatory measures of penal establishments. On this question 
 it is worth while to study the regulations of European countries. 
 
 England provides boards of visitors and gives them considerable 
 influence in administration; but private persons are not admitted 
 without certificates from the Home Secretary, and such certificates 
 can not be obtained by persons who have no special qualifications for 
 making good use of the opportunity. In Italy only persons of scien- 
 tific attainments are given permission to visit prisons, and their studies 
 are promoted by the administration. 
 
 The rule in Saxony is: 
 
 Visits to the institution by strangers may be made only when they give proof of 
 a special scientific or ofHcial intention. Every visit is to be recorded. 
 
 In France one must secure a pass from the central authorities. Once 
 approved by the highest officials, he is treated by the prison directors 
 
 oSee Penal Codes of France, Germany, Belgium, and Japan, by S. J. Barrows. 
 House Document No. 489, Fifty-sixth Congress, second session, 1901. 
 
XX INTRODUCTION. 
 
 with a fine courtesy which is unsurpassed. In Germany the visitor 
 must furnish proof that he is competent and worthy of confidence, and 
 then he is shown such intelligent attention and consideration as only 
 trained administrators know now to give. 
 
 In all these European countries the central administration takes pains 
 to have agents and inspectors ever at its service, and does not depend 
 entirely on reports of the wardens. 
 
 The societies for aiding prisoners (societies of patronage) are ofiicially 
 recognized, and the activities of their members are carefully regulated 
 by the central administration. These societies of patronage have exer- 
 cised a very important social function by serving as a medium between 
 the institutions and the philanthropic public. Thus the English soci- 
 eties, the French General Society of Prisons and its branches, the 
 Rhenish- Westphalian Prison Society, and others have been among the 
 most important agencies for promoting prison reforms during the 
 past century. 
 
 mNEB LIFE OF FSISONS. 
 
 Eeception of prisoners. — The regulations cover the following points: 
 {a) Legal form, court record and certificate, identification of prisoner, 
 taking care of property of prisoner; {b) examination by warden, 
 physician, chaplain, teacher; (c) measurement (Bertillon) and photo- 
 graph; {d) sanitary precautions, temporary isolation, cleansing, shav- 
 ing, etc.; (e) provisional classification at entrance; {f) information 
 and counsels given to the prisoner. 
 
 The authorities of a prison have to assure themselves that the pris- 
 oner who is delivered to them for a painful punishment is actually the 
 person sent from a court for the execution of its sentence. The war- 
 rant for punishment must come with the messenger of the court, and 
 the prisoner .must answer to the description; and every precaution 
 must be taken to avoid injustice to an innocent person. 
 
 If the prisoner brings property or valuables with him a record must 
 be made, so that at discharge they may be restored to him. 
 
 The examination of the prisoner at entrance is the condition of wise 
 treatment. The examination made by the physician is so obviously 
 necessary that it is not questioned. The inquiries of teachers, chap- 
 lains, and wardens do not seem to be less truly a diagnosis, which 
 must precede rational, moral treatment. The examination of the 
 person and clothing of women must be made by women, according to 
 the best rules, as in the German States. 
 
 The use" of the Bertillon system of measurement and record, chiefly 
 for purposes of identification, is becoming general, and is beyond 
 doubt the most accurate and reliable method known. The Mexican 
 regulations are very explicit in this matter. Naturally France, the 
 country of its origin, employs the system of Bertillon. 
 
 Among sanitary precautions mentioned are: Rejection or isolation of 
 persons suffering from contagious diseases; temporary isolation of 
 suspected cases; change and disinfection of clothing; bathing and 
 shaving, and vaccination. 
 
 The practice in respect to the provisional classification of prisoners is 
 by no means uniform, and the regulative principle which should govern 
 the matter does not seem clearly settled. In Austria (Korneuburg) 
 all prisoners enter the third (lowest) class and work their way to the 
 first class. In Wurttemberg a prisoner enters the second or third 
 
INTRODUCTION. XXI 
 
 class, according to his crime and previous character. Those who are 
 thought to be hrst offenders go into the second class. In Saxony there 
 are three classes, and those prisoners are placed in the third class who 
 are recidivists, dangerous, or insolent; all others go into the second 
 class. In Switzerland (Zurich) each prisoner begins at the bottom. 
 In Holland the congregate prisoners are classified, and the previous 
 record is considered in the provisional classification. In the case of 
 cellular prisons classification has minor significance. 
 
 In the central houses of Norway there are five classes. All enter the 
 lowest class, but recidivists must remain longer than others in the lower 
 ranks. In dormitories and shops the better men are separated from 
 the worse men, so far as possible. 
 
 The English local and convict prisons are under a system of detailed 
 rules for classification, intended to separate those whose, influence is 
 bad from young offenders, and to encourage good conduct. Under 
 the Canadian regulations convicts of previous clean record wear a 
 metal star during good behavior. 
 
 Mr. C. C. McClaughry (National Prison Association Proceedings, 
 1901, p. 181 ff.) thought that recidivists should be placed in the lowest 
 grade and new offenders in a higher grade. This measure he urges 
 on the ground of equity. It is not just that a comparatively honest 
 young man shoul,d be compelled to be dressed and treated worse than 
 a hardened habitual criminal. It should be made possible for him to 
 say, "I have not yet worn the stripes." 
 
 The provisional classification gives attention to separation according 
 to sex, youths and adults, persons on trial, witnesses detained by 
 courts, accomplices in crime, first offenders, and habituals. Illustra- 
 tions of those principles are found in the rules of Prussia and Bavaria. 
 
 During the early days of imprisonment the convict is usually ready 
 to hear good counsels from the officers. Many wardens and superin- 
 tendents have acted on the belief that these early hours offer an 
 opportunity which should not be neglected. 
 
 Thus Mr. R. W. McClaughry (N. P. A., 1901, p. 184) says: 
 
 The warden should see him, talk with him, and explain to him the nature of the 
 service upon which he has entered. The amount of ignorance prevailing among 
 first offenders with respect to prisons is known to all of us. While it is an excellent 
 thing to have the chaplain talk with the man, the chaplain will have a great deal 
 easier task if the warden first talks with the prisoner. The deputy warden is 
 supposed to be the representative of the law. His business is to apply the rules and 
 to exercise ceaseless vigilance; to explain to the offender what the rules are and 
 what the penalty is if they are disobeyed; but no man so well as the warden or 
 superintendent can start the prisoner on the right path at first. It is a diflScult 
 thing to do, but it is one of the most important matters connected with the adminis- 
 tration of prison discipline, and renders it a far easier task for everyone if the 
 warden will have the first interview and explain to him patiently and carefully the 
 relations that are assumed. He will find much less trouble afterwards. 
 
 Kiiles of conduct. — Duties, and forbidden acts in respect to (a) treat- 
 ment of persons, (5) conduct in relation to property, (c) order of the 
 community. Methods of communicating these rules to prisoners by 
 posting rules in halls, cells, shops; by conversation at entrance; by 
 instruction in school and chapel. 
 
 In the documents of prisons and reformatories we find two general 
 methods of dealing with this subject: (1) Some institutions print very 
 few rules or none at all for the instruction of the convicts; (2) other 
 institutions have developed a code of such rules with more or less 
 elaboration. 
 
• XXII INTRODUCTION. 
 
 It is impossible to discover all the reasons for the omission or the 
 printing of these institutional codes of conduct. A discussion of 
 officers, as wardens and directors or commissioners, would bring out 
 the underlying theories and causes of these codes. We may venture 
 to suggest some of the probable arguments on both sides, and in this 
 form prepare the way for a discussion of the subject itself. 
 
 First. Something like this might be said for the omission oi all rules: 
 (1) It is impossible to make rules covering all possible situations^ in 
 the complicated life of a penal institution;. (2) if we attempt to specify 
 a part of the offenses which experience leads us to expect,_ the offend- 
 ing prisoner may plead that his particular act is not mentioned in the 
 list of forbidden acts, and therefore he is guiltless; (3) this method, 
 some think, of governing by minute rules does not develop the moral 
 nature of the inmate, does not compel him to judge for himself and 
 thus sharpen and keep alive his own conscience; (4) living by a system 
 of printed rules, some think, does not fit men for life in outside society, 
 the chief object of prison and reformatory discipline, for in free soci- 
 ety men do not find such rules tacked to the walls and must use their 
 own common sense every hour in the day. 
 
 Second. Something like this might be said in favor of drawing up 
 and printing rules of conduct and lists of offenses: 
 
 (1) The officers of the institution, knowing definitely what is required, 
 are more likely to be impartial and equal in their treatment of the 
 men. If a convict discovers that he is punished first and instructed 
 afterwards, and suffers for an act which no one had warned him against, 
 he is likely to feel resentful against treatment which seems to him 
 arbitrary. The temptation of a warden to be arbitrary is greater 
 when an order may be given in one form one day and in another the 
 next. One must have an extraordinary memory to remember all the 
 orders he has issued, each of which becomes a precedent. 
 
 (2) The inmates of prisons and reformatories, in great part, are per- 
 sons whose moral nature is either undeveloped or perverted by vicious 
 associations, influences, and habits. They have been in the habit of 
 calling black white. They have, if habitual criminals or brought up 
 in criminal company, become accustomed to hear the praises of vio- 
 lence, rebellion, disorder, vice, theft, deceit, lying. These are the 
 ordinary implements of the habitual criminal. Wnat a criminal has 
 won has come by means of theft, deceit, trickery, lying, and violence. 
 Whatever success or pleasure he has gained for himself he has secured 
 by these means. He is inclined to be proud of them and boast of them, 
 just as an honest mechanic praises his lathe or his engine. 
 
 Therefore the undeveloped and ignorant boy or man must be trained 
 to think of rules of upright conduct; and these rules must be stated 
 clearly and thrust before his eyes so that they will burn into his mem- 
 ory. The very simplest principles of morafconduct need to be made 
 intelligible to his darkened and besotted intellect. 
 
 If, on the other hand, he has intelligence and deep-seated criminal 
 habits the current of his ideas and the direction of his conduct must 
 be changed. The best way to change conduct is to lay down the routes 
 for it and induce a man to travel in them until he becomes accustomed 
 to them. As Mr. Brockway said, in expounding his philosophy of 
 discipline, we need to "hold the perverted man in a strait- jacket of 
 good habits until he fits himself to them." A man must think his 
 actions before he can perform them. He must know what to do and 
 
INTBODUCTION. XXIII 
 
 what to omit. Rules of conduct and lists of offenses are plain, direct, 
 and exact statements of duties and wrongs. Obedience to these regu- 
 lations comes to be associated with pleasant feelings, as earlier liberty, 
 better food, higher honors, more respectable clothing. Experience 
 shows that, in a large number of cases, habits thus set up by a degree 
 of drill,. and compulsion even, are more easily kept up in the outside 
 world after discharge. 
 
 Thus a man compelled to take exercise and regular baths discovers 
 the physical comforts and satisfaction which follow them, and after- 
 wards continues voluntarily to exercise his muscles and cleanse his 
 skin, and one who is compelled to salute officers and address them 
 politely may be transformed from a ruffian into a gentleman. External 
 actions have some tendency to react upon the feelings and character. 
 
 (3) The prison takes lawless men and seeks to make them law- 
 abiding citizens. In free society the entire life is under laws. The 
 shop has its rules; the school has a fixed order; the family is under 
 discipline; social intercourse has a strict etiquette; the church has its 
 discipline; the state has its regulations, which fill volumes of national, 
 commonwealth, and municipal codes and ordinances. Society can not 
 exist and advance without establishing rules of conduct. Now, a law- 
 less convict or boy in a reformatory must learn to adjust himself to 
 this system of law-abiding conduct. If he can not do it he will remain 
 either a public enemy in arms against all or a weak pauper or feeble- 
 minded patient for an asylum. 
 
 The penal institution is itself a community — a miniature society. 
 
 The laws of social conduct in the "free" world may be classified 
 according to the sphere which they direct and regulate. While no 
 classification is entirely satisfactory, we may say that law regulates 
 men: (1) In their personal relations; (2) intheir relations to property, 
 to valuable material objects, and (3) in their relations to social oider, 
 the method of activity. 
 
 Having studied line by line many hundreds of prison rules, we find 
 they may all be classified under these three heads, and we believe it 
 will be instructive and suggestive to think of them in the light of 
 these three principles or ends. Since we can not in a paper repeat all 
 these rules, we must rest satisfied with illustrations under each head. 
 
 (1) The rules for directing inmates in relation to persons may be 
 divided into subclasses: {a) Treatment of officers as superiors in social 
 order and as representatives of social authority; (5) treatment of fellow- 
 prisoners as companions and coworkei's; (c) treatment of visitors, rela- 
 tives, acquaintances, and others in the outside world; {d) treatment of 
 self, personal habits, body, etc. 
 
 (2) The rules for directing inmates in relation to property and valu- 
 able material objects may be divided into subclasses, as (a) treatment 
 of the property of the convict himself; (b) treatment of the property 
 in the cell and hall; (c) treatment of property in the shop, tools, mate- 
 rials, products; {d) treatment of property of fellow-inmates. 
 
 (3) Rules in relation to social order: {a) Conduct in the cell and cell 
 halls; {b) conduct in the dining room; (c) conduct in movement from 
 place to place; {d) conduct in the work place; (e) conduct in recreation 
 and play; (/) conduct in worship; (g/-) conduct in study and instruction; 
 (A) conduct in communication with the outside world; (*) conduct on 
 parole, or conditional release, etc. 
 
 Turning now to the rules of conduct actually found in prisons, we 
 
XXIV INTRODUCTION. 
 
 find them full of suggestions, but provoking discussion and criticism. 
 Valuable as the more elaborate codes are, they are not perfect, and 
 their authors would not claim that they do not need improvement. 
 Evidently most of them have been drawn up with the direct purpose 
 of regulating the order of the prison itself, and yet the larger and 
 remote object of training for free citizenship upon release is not 
 entirely forgotten. Thus in the rules governing inmates of the Kansas 
 State Industrial Reformatory the boy is reminded: "Gentlemanly 
 deportment toward all into whose presence you come is required of 
 you. Strive to be gentlemanly at all times; it will help you here and 
 after you are released." 
 
 We raise the question for discussion and deeper consideration whether 
 the ultimate purpose of the rules might not, with advantage both to 
 officers and men, be more fully and frequently explained in documents 
 like these before us. The rules themselves, as specific orders, must 
 be very brief and free from moral exhortation; but the underlying 
 purpose might appear more explicitly in preambles and counsels or 
 explanations. 
 
 The desirability of explaining prison rules to youthful offenders is 
 thus argued by Mr. C. C. McClaughry (National Prison Association, 
 1901, p. 181): 
 
 With equal conditions of mind and body it should be expected that the "old 
 timer" should more easily and willingly comply with regulations which former 
 training has convinced him are customary and necessary, while the man to whom 
 the harness of prison rules is new can reasonably be expected to chafe and fret 
 under it, to give way to impulse, and to blunder into wrong. No punishment should 
 be administered without the analogy between submission to prison law and the laws 
 of civil government being clearly drawn and made apparent to the culprit. Men 
 should be taught to think of their relations to society and to see the hopelessness of 
 rebellion against laws, human or divine. 
 
 Methods and means of discipline. — (a) Rewards, or appeals to hope; 
 (5) disciplinary penalties, or appeals to fear. Execution of death 
 penalty in prisons." " Discipline" in its essence is what the etymology 
 of the word suggests — a schooling, a process of education. It is unfor- 
 tunate that the word is only too commonly made to signify those coarse 
 though necessary appeals to physical fear which all competent ward- 
 ens reserve for the last resort when all milder means fail. The only 
 rational way to regard "discipline" is to think of it as the entire life 
 of the institution, to which all measures contribute^ The deprivation 
 of liberty, the examination and admonition at entrance, the rules of 
 conduct which cover the actions of every waking hour and prescribe 
 the moments of retiring and rising, the gradation according to 
 character and disposition, the industries, the badges of distinction, the 
 diet, the instruction and moral influences, the medical counsels of the 
 physician, the personal contact with guards and foremen — all are 
 means of disciphne. 
 
 Of all the more direct means of discipline we may select here the 
 two classes, rewards and disciplinary punishments, for particular men- 
 tion and illustration. Throughout the civilized world one can observe 
 a very marked tendency to substitute rewards for penalties so far as 
 
 o The author has already published, in the Proceedings of the National Prison 
 Association for 1902, a discussion of the subject of disciphne, with special reference 
 to methods in the United States. The materials are reproduced in this volume, and 
 an interpretation of the facts is given in connection with summaries of the American 
 documents. 
 
INTRODUCTION. XXV 
 
 possible; to mitigate the cruelty of punishments, and to approach the 
 most severe forms only by gradual descent, except in case of violent 
 assaults, mutinies, and riot. 
 
 In Germany there is an imperial regulation of disciplinary penalties, 
 made by the Bundesrath, and all the States conform to these restric- 
 tions and may not go beyond: (1) Deprivation of privileges; (2) depri- 
 vation of books and papers; (3) deprivation of work in case of solitary 
 continement; (4) deprivation or outdoor exercise, but not longer than 
 one week at a time; (5) deprivation of the bed, but not beyond one 
 week at a time; (6) chaining, but not more than four weeks at a time, 
 and not with convicts under 18 years of age; (7) punishment cell, 
 not more than six weeks at a time, and reduction of diet may be 
 added. The dark cell can not be used for prisoners under 18 years of 
 age. Corporal punishment is not allowed except in case of juveniles 
 under 11 years of age, and then only as it is administered in the public 
 schools. , Within the limits of these rules there is still room for the 
 ingenuity of individual directors in the several States. 
 
 Thus we find in some regulations the addition of admonition and 
 reprimand, either in private or in presence of prisoners. 
 
 The Austrian list does not differ perceptibly from the German. The 
 means of discipline in reform schools are adapted to the conditions of 
 youthful character. The regulations of Zurich (Switzerland) cover the 
 same ground, and the same may be said of Holland. In Denmark we 
 find mention made of twenty-seven strokes with a cat-o'-nine-tails or 
 strap for males over 18 years. In Norway the punishments are graded, 
 and the director can (a) withdraw for ten days the permission to receive 
 visitors; (b) forbid work and reading for the same period; (c) reduce 
 to lower class;' (d) deprive of a share in general fund. If the prisoner 
 is above 18 years, he may also (e) be placed on bread and water diet, 
 or (J) be placed in a dark cell for not more than five days. If the 
 prisoner is under 18 years, the director may (g) place him for two days 
 on half rations; (A) inflict corporal punishment, not to exceed eighteen 
 stripes with rod. Women prisoners may not be subjected to whipping, 
 and the period of cellular punishment is shorter. When whipping is 
 administered it must be in presence of the director or inspector, the 
 physician and two other officers, and a record must be made. 
 
 In English local prisons the permissable disciplinary measures are: 
 {a) Close confinement not exceeding three days; (b) reduction of class; 
 (c) deprivation of mattress; (d) forfeiture of remission of sentence. 
 These may be inflicted by the governor. The visiting committee may 
 order moi'e severe penalties, on motion of the governor. Corporal 
 punishment- can not be inflicted without order from the secretary of 
 state, thirty -six lashes for an adult, eighteen for prisoners under 18 
 years of age. 
 
 The Canadian regulations mention forfeiture of good time; the for- 
 feiture under thirty days may be declared by the warden, over thirty 
 days it must be decided by the minister. The following punishments 
 may be inflicted upon male convicts: (a) Diet of bread and water not • 
 exceeding twenty-one consecutive meals; (i) hard bed; (c) ball and 
 chain or Oregon boot; (d) isolation cell, with such diet as the physician 
 shall pronounce sufficient; (e) flogging with a leather paddle; (/) 
 shackled to the cell gate during working hours; (g) the application of 
 water from the hose in the presence of the warden; (A) forfeiture of 
 remission of sentence. In the case of female convicts flogging and the 
 "water cure" are omitted. 
 
XXVI INTEODFCTION. 
 
 The e'xperiments with disciplinary punishments in the United States 
 are kaleidoscopic in variety. Among the products of experience, inge- 
 nuity, and imagination may be noted: Refusal of a meal to a convict 
 who has not washed his face in time for breakfast; bread and water 
 diet, seasoned with solitude, for rumination; deprivation of light in 
 the evening and privileges of library, writing letters, receiving visits; 
 reduction in grade; handcuffing prisoners to grate of cell; loss of good 
 time; dark cell, with hard board for bed; close clipping of hair, in 
 connection with other punishments; paddling; the iron mask or gag. 
 
 Mexican prison authorities are permitted to use 'for correctional 
 discipline: (1) Deprivation of reading and writing; (2) deprivation of 
 food; (3) increase of the hours of labor; (4) outside labor; (5) isolation 
 with labor; (6) isolation with outside labor; (7) isolation with depriva- 
 tion of labor. In the central houses of France the penalties used are: 
 Reprimand, deprivation of reading and correspondence, of visits, of 
 supplementary food, marching in a hall of discipline, isolation not 
 exceeding ninety days. 
 
 Nowhere is there such a fine gradation of penalties, with so earnest 
 an attempt to fit the punishment to the offense with mathematical accu- 
 racy as in Italy. The punishments theniselves are not different from 
 those in vogue elsewhere. Admonition, isolation cell, reduced diet, 
 demerits, strait-jacket, irons, loss of privileges and of good time. 
 But the length and severity of punishments, the various combinations 
 of two or more punishments, and the adaptation of each set to the 
 supposed guilt of the action reveal a clear purpose to measure the 
 quantity of iniquity in each several form of offensive conduct. It is 
 the retributive idea of penal law carried down into the everyday details 
 of discipline, with a severity of logic which is consistent with the 
 premises of the law itself. But it would be unfair to say that regard 
 for the character of the convict is lost out of sight in this effort to 
 keep in view the differences of external actions. 
 
 Belgium confines disciplinary punishments to deprivation of work, 
 reading, canteen, visits, correspondence, reduction of diet, dungeon, 
 or dark cell. 
 
 In the use of severe punishments as fasting and dark cell for long 
 periods, it is usual to require the approval of the house physician. 
 The general principle is that deprivation of" liberty is not meant to 
 involve capital punishment by indirection, and, therefore, the health 
 of the prisoner must not be impaired. Violent conduct and dangerous 
 assaults of course involve action based on another law. 
 
 Industry.— (a) The system of disposing of the product and service. 
 State account, contract, household service; (b) how far labor is com- 
 pulsory or voluntai-y; (c) supervision of process and assignment of 
 tasks; (d) kinds of labor and occupations; (e) duration of labor (hours); 
 (/) rewards, as incentives of hope; (g) management of property or 
 funds of prisoners. Among all the agencies for affecting the habits 
 and character of the prisoners useful industry is universally regarded 
 as holding the central position. Useful industry is essential to phys- 
 ical health, to mental sanity, to morality, and to economic efficiency in 
 a world where pauperism, theft, and honest labor are the only three 
 paths open to man or woman. The administration of a prison is com- 
 pelled to consider two aspects of productive industry — its influence on 
 the prisoner and the effects of marketing the products on free labor 
 and invested capital. 
 
INTRODUOTIOK. XXVII 
 
 This is not the place for an adequate discussion of the problem of 
 prison labor," but we may select a few illustrations of methods of 
 diminishing the pressure of prison industry upon capital and labor. 
 All methods of conducting the manufacture of goods and the disposal 
 of products and services are variations of two principal types — btate 
 account and contract. 
 
 The principles established by the German Imperial Bundesrath 
 require that the least possible harm shall be done to outside labor and 
 industry, and therefore convict labor must not be leased to private 
 employers; the products of convict labor must first of all be used by 
 the institutions of the State until their demands are all met; as many 
 trades as possible shall be represented, so that no one shall be specially 
 burdened, and the underselling of free labor must be avoided by all 
 means. 
 
 As to the method of business direction of prison labor in Holland, 
 the report says: 
 
 The system proposed is State account. This system avoids confiiot of the interests 
 of the contractjors with those of prison discipUne; it removes external factors from 
 discipline; it rnakes a rational penological plan of stimulating the prisoners to think 
 of labor as their advantage and duty, and it increases the chances of imparting pro- 
 fessional instruction. It also reduces the injury to free labor * * * for it does not 
 throw its products on the general market and lower the prices of articles nor the 
 wages of workmen. 
 
 Norway follows the same principle, but has salesrooms in cities, 
 with no labor outside prison walls, and with a great variety of indus- 
 tries. 
 
 France seems to be passing from the contract to the state account 
 system. In departmental prisons the contract system prevails; in cen- 
 tral houses the system of State account has been substituted. The 
 national legislature has pronounced views on competition of prison 
 labor with free industry. The prison administration is in relations of 
 counsel with the chamber of commerce, which is sensitive to anything 
 which touches industry. 
 
 In Belgium the new regulations introduced the State account system 
 for the most part, but in case of necessity the service of prisoners may 
 be let to contractors under regulations made by the administration. 
 The rates for piece or day work are fixed by deducting from the aver- 
 age market rates the amount by which the skill of the.average prisoner 
 is inferior to that of free laborers. 
 
 Household service is necessary in every community, and it requires 
 a considerable amount of labor. Food must be prepared for consump- 
 tion, and this involves all the activities connected with storehouses, 
 kitchen, dining hall, or delivery of food in cells, cleansing of dishes 
 and utensils. Clothing must be made, kept clean and in repair. The 
 cells, halls, shops, grounds must be carefully cleaned and kept in order. 
 A certain number of prisoners must be deteiled all the time for house- 
 hold service, and each prisoner must do his own share. 
 
 So far as the prisoners themselves are concerned, the chief purposes 
 of prison labor are the conservation of health, the formation of habits 
 of industry, the technical preparation for earning a living when the 
 hour of freedom arrives, and the maintenance of self-respect, which 
 results from paying the State for what the prisoner consumes. 
 
 oJh my Dependents, Defectives, and Delinquents D. 0. Heath & Co. (ed. 1901), 
 the main points are discussed and a bibliography is given in the appendix. — C. R. H. 
 
XXVIII INTRODUCTIOlSr. 
 
 All competent authorities agree that labor, to be rational and 
 reformatory as well as economical, must be useful; must be directed 
 to the satisfaction of some reasonable human want. All such occupa- 
 tions as picking oakum, treadmill, turning a handle, etc. , are not only 
 wasteful of energy, but tend to drive an intelligent being to madness. 
 
 The rule for English local prisons shows an improvement on their 
 former customs, when idleness or useless labor were common. Now 
 a prisoner must work not more than ten nor less than six hours, and 
 labor must be productive and must fit the prisoner to earn his livelihood 
 on release. 
 
 Motives to labor. — Normally and ordinarily men will woi'k up to a 
 certain point from sheer need for activity and exercise, and therefore 
 deprivation of occupation is often mentioned in our regulations as a 
 disciplinary punishment. Refusal to work, however, occasionally 
 arises as a form of mutiny, of rebellion against the government of the 
 establishment, and in this situation a painful disciplinary punishment 
 may be required to bring the man to accept the order of the house as 
 the rule of his own conduct. Still better is it so to arrange the system 
 of life that it shall resemble the normal conditions of free society, 
 where the law is: "If a man will not work, neither shall he eat." 
 The necessities and comforts of existence are usually gained by steady, 
 persistent labor. Many criminals are like children and savages in this 
 respect, they can play at work or they may even work intensely, under 
 excitement, for short periods, but they dislike constant and regular 
 toil. To build up a habit of constant and regular industry and make 
 it a second nature is one of the most difficult and important functions 
 of a prison. Some tangible and not too remote reward for such labor 
 helps to sustain the flagging industrial virtue, and this reward may 
 take the form of some immediate enjoyment, as extra food, dainties, 
 etc. , and also a savings fund from which the prisoner may assist his 
 family or make his way with better advantage after his discharge from 
 custody. 
 
 In the German Empire the penal code and the main principles laid 
 down by the Bundesrath give a general framework for the various 
 regulations of the several States. All prisoners must work. Excep- 
 tionally those who have no criminal record may be allowed to work on 
 their own account. In assigning the kind of labor regard must be 
 had for the health, the abilities, the aptitudes, and the probable future 
 career of the convict. The income of labor all belongs to the State; 
 but as an incentive and encouragement 5 to 7 cents a day may be cred- 
 ited to the prisoner. The labor of juvenile prisoners must be educa- 
 tional in character. If prisoners are emploj^ed outside of prisons, on 
 public works, in agriculture, etc., they may not be permitted to come 
 into contact with free laborers. The orders of Saxony illustrate one 
 of the ways in which these general principles are applied to local con- 
 ditions. The Austrian rules are in general similar. 
 
 In view of the fact that labor outside of prisons is common in our 
 Southern States, the regulations of outside labor in Germany and Aus- 
 tria become interesting and instructive for us. In both countries this 
 mode of employment is carefully restricted. Thus an Austrian order 
 is that convicts may be employed on public works, road making, farm- 
 ing, etc. , only if they are trustworthy and not liable to become muti- 
 nous and run away. The Italian authorities expressly declare their 
 purpose to keep the rural prisoners in rural industries, so as to dimin- 
 ish their temptation to crowd into towns and become more demoralized. 
 
INTRODUCTION. XXIX 
 
 The Swiss articles (Zurich) say that each convict who works with 
 industry and good behavior may be credited a wage share which varies 
 from 5 to 12 per cent of the earnings, and he also may have interest 
 on his fund. The director may permit a prisoner to send money to 
 his family or buy books, clothing, tools, etc., out of his fund. In 
 Holland the normal rate of wages credited is about 6 cents per day. 
 In Norway the rate is from 1.2 cents to 5 or 6 cents a day. 
 
 The Mexican regulations require prisoners to work; for refusal a 
 convict is placed in a cell and asked once a day if he is willing to labor. 
 Prisoners confined on short sentences for minor offenses may select 
 the form of labor they prefer. They may spend a part of what they 
 earn and may send some of it to their families. In France labor is 
 optional for persons on trial and for those who are confined for police 
 discipline. All convicts (with curious exceptions in case of violations 
 of press laws) must work. 
 
 France bestows great care upon the technical training of prisoners 
 in order to fit them for honest living. They have skillful teachers 
 and are encouraged to work steadily by having set to their credit a 
 small gratuity, graded according to their conduct. The documents 
 printed in this volume offer ample illustrations of these points. 
 
 The Italian rules exhibit some distinctive features. Persons con- 
 victed of crime are required to labor, as in other countries, and this 
 requirement may be extended to persons awaiting trial unless they 
 provide for their own expenses of maintenance, and they may be per- 
 mitted to work on their own account. Domestic service is regarded 
 with preference. Rewards are not given during the period of appren- 
 ticeship, which is brief. Of the product of labor a person under sim- 
 ple "arrest" gets six-tenths, one in "detention" five-tenths, one in 
 "seclusion" four-tenths, while one condemned to hard labor receives 
 only three-tenths. The remainder goes to the State. Belgium 
 requires all convicts to labor, but those confined for minor offenses 
 are not compelled to labor. 
 
 Health. — Here we include all that relates to care of the bod}^: (a) 
 Ajction at entrance; (i) food and drink; (c) clothing and laundry; (d) 
 bathing; ((») open-air exercise; (/) sleep and rest; (gr) recreations, holi- 
 days; (A) care of sick, hospital, medical service, nursing, medicines; 
 (i) care of insane; (j) time of sickness in relation to period of punish- 
 ment; (k) burial or disposal of corpse, autopsies; {/) records of phy- 
 sicians and reports; (m) care and disposal of property of deceased; (n) 
 sanitation of buildings and cells, ventilation, light, heat, sewage, and 
 water supply. 
 
 The guiding purpose in a large number of our regulations is the 
 conservation and improvement of the bodily health and vigor of the 
 prisoner. Even according the idea of retributive justice which still 
 dominates the penal code and its administration, the penalty of 
 imprisonment is not intended to include capital punishment. There 
 have been many establishments of punishment in the United States 
 where a term of ten years was, on the average, a sentence to death, as 
 statistics proved. But this is barbarism and revenge, not retribution. 
 If we adopt the purpose which is coming to be decisive — that is, the 
 protection of society through the rehabilitation of the prisoners — the 
 physical care becomes a matter of fundamental interest, and this from 
 several considerations. Physiological psychology has demonstrated 
 the causal connection between the will and normal conditions of the 
 
XXX INTKODUOTION. 
 
 body; a man can not malte a choice or decision and persist in a purpose 
 witnout having a stored supply of physical energy. Perhaps the most 
 distinctive trait in a body of criminals is not violence nor cunning, but 
 simply feebleness and low vitality. Hereditary weakness, acquired 
 diseases, and the effects of dissipation unnerve young men and rob 
 them of power to resolve and to persist in a course of action. They 
 drift in the direction of least resistance, and find a prison a shelter for 
 their incompetence. Therefore the intelligent warden or superin- 
 tendent aims first of all to brace a man for the struggle of life by 
 improving his physical health. Lopking forward to theliour of release 
 at the end of the term, the prisoner must be fitted for competition 
 with strong men. If he goes forth ansemic, with flaccid muscles, with 
 unfed brain, he is knocked down in the first onset of the hard con- 
 ditions of the industrial world. Men who are well housed ^nd fed 
 desire to be active, and exercise becomes pleasurable. Let feeding 
 and work alternate rhythmically for months and years, apd we have 
 changed an indolent thief into an industrious workman who is conscious 
 of power to make his way. These principles "explain the elaborate 
 regulations on these points. 
 
 The dietaries are frequently given quite fully in the documents. It 
 must be remembered that the climate, customs, and habits of the people 
 in the diffei*ent countries vary widely. Some of our American wardens 
 will find the food for workingmen in certain European countries very 
 insufficient. But it must be remembered that these same men have, in 
 freedom, a diet which is much inferior to that of our workingmen. It 
 is unfortunate that we are not accustomed to the metric system of 
 weights and measures; but any person can easily make the necessary 
 comparisons with the help of a simple table. 
 
 One of the most desirable reforms in the administration of jails in 
 the United States would be the establishment of a standard legal diet- 
 ary, with power lodged in a State board of supervision to see that it 
 was enforced in practice. Notice the examples of Denmark, France, 
 and Germany. 
 
 Various dietaries of prisons in the United States have been published' 
 in the Proceedings of the National Prison Association, but they have 
 not the marks of scientific accuracy which one will find, for example, 
 in the French regulations; nor is there, as yet, any approach to a 
 common understanding and agreement on the subject. The admira- 
 ble studies of food published by the Agricultural Department will 
 ultimately assist in the preparation of a standard dietary suited to 
 American conditions. 
 
 Recently more study and care have been devoted to the prevention 
 of tuberculosis in prisons, when the conditions are only too favorable 
 for its development. ' 
 
 The criminal classes naturally reveal a strong tendency to insanity. 
 Nervous diseases can be treated with the best prospect of cure in the 
 earliest stages. In some countries the preference is given, in the 
 selection of physicians, to those who have studied insanity and have 
 had experience in hospitals and asylums; and sometimes special expert 
 commissions are sent from the institutions for the insane to inspect 
 the prisons at regular intervals, or whenever the skill of specialists 
 is needed in particular cases. On these points the regulations of Ger- 
 man States, Belgium, etc. , may be consulted with profit. 
 
 Especial attention is called to the arrangements for post-mortem 
 
INTRODUCTION. XXXI 
 
 examinations in the interest of medical and surgical science and art 
 (Saxony, Italy, etc.). 
 
 Education. — (a) Manual training and physical culture; (5) trade 
 training; (c) elementary instruction, literary, etc.; (d) moral instruc- 
 tion by conferences, lectures, discussions, essays, etc.; (e) religious 
 influences, chaplain, services, visitors, etc.; (/) library; (g) institution 
 paper (most common in the United States). 
 
 A few paragraphs may be devoted to indicating the relations of the 
 various educational factors in a prison to each other and to the supreme 
 ends of the penal code and of modern reformatory discipine. 
 
 The entire life of a prison or reformatory is a process of education, 
 and its aim is the development of strong character and adaptation to 
 conduct consistent with social well-being. The administration is not 
 always successful in its effort, for family, school, and church had 
 already failed in their attempts before the reformatory became neces- 
 sary. If the aim of retributive justice is to render to the bad man the 
 evil he deserves, then the aim of the reformatory process is to render 
 him deserving of confidence and reward for good conduct. 
 
 Naturally and properly the means employed must vary with the 
 age of the prisoner. As the age of childhood and youth are 
 approached the life of the institution comes to resemble that of an 
 ordinary school, and the proper name for establishments for youth is 
 an industrial or reform school. Any suggestion of crime should be 
 removed, even in the name; and the recent legislation, for example, 
 of German States, France, England, and the more advanced Common- 
 wealths of the Union tends to remove all persons under 16 years of 
 age in courts, lockups, and restraint from all contact with adult 
 offenders. The details given for the French school are especially 
 worthy of attention. Three forms of training are at the foundation 
 of the reformatory proces — sphysical culture, manual training, and 
 trade training. The gymnastic exercises for which Elmira Reforma- 
 tory is noted have for their basis the conviction that a healthy body 
 is an essential condition of mental and moral sanity. The educational 
 value of manual training, as distinguished from the apprenticeship to 
 particular trades, has come to be quite widely understood and 
 acknowledged, although it seems impracticable to employ it after the 
 age of youth. The necessity for teaching trades is apparent from 
 the fact that such a large number of prisoners, even of those who can 
 read and write, have never learned any craft by which they can earn 
 an honest living. 
 
 At this point new difficulties have arisen in connection with the 
 increased use of machinery, the specialization of the division of labor 
 in factories and mills, and the mode of conducting large manufacto- 
 ries. The simple handicrafts are disappearing, especially in America, 
 and this fact alone will make it more difficult to introduce the system 
 of cellular separation and at the same time prepare prisoners to work 
 as they will be obliged to do when they are discharged and go to tend 
 machines. Fortunately a strong and industrious man who has learned 
 one process can usually be taught some part of a new trade in a com- 
 paratively short time, and so the main purpose of trade training is 
 the formation of workingmen. 
 
 The evidence f I'om the regulations presented in this volume is con- 
 clusive that all civilized nations are determined to prepare the prisoners 
 
XXXII INTEODUCTIOW. 
 
 for a career of useful labor, especially if they are young enough to 
 give promise of honesty. 
 
 The work of elementary or literary instruction in prisons for adults 
 must be begun at a different point for different countries. Thus in 
 Germany, Holland, Norway, for example, most persons learn to read 
 and write and gain other elements of knowledge in the public schools, 
 and this is the tendency in most parts of the United States. In other 
 countries it is found that many adult prisoners have never learned the 
 most essential forms of knowledge, and that some have even forgotten 
 what they learned as children in school. Almost everywhere, there- 
 fore, classes must be formed in these subjects. Usually no attempt is 
 made to go further than the subjects taught in the elementary schools. 
 
 There is a kind of education, not strictly literary, not even chiefly 
 the acquisition of knowledge, which is needed in all reformatories and 
 prisons, and which may be called moral instruction. An excellent 
 book** by Behringer, a German prison director, has brought out with 
 all distinctness the aims and methods of this form of education, whose 
 purpose is to quicken the moral sense, to train men to reflect on the 
 social consequences of certain actions, to widen their range of imagina- 
 tion, to kindle aspiration and fix resolution, to create personal ideals, 
 and to make them familiar with maxims pregnant with ethical wisdom. 
 
 The ethical classes at Elmira Reformatory have aimed to secure 
 these results, and their pedagogic devices are worthy of study. The 
 principal devices are (1) the lecture, which presents the idea in vivid 
 and clear form; (3) the discussion, which gives the prisoners them- 
 selves an opportunity of making their thought clear ar^d impressive by 
 written and oral statement; (3) the conference, in which the skillful 
 teacher corrects errors and leads the minds of perverted men out of 
 the fogs of moral error. 
 
 For this kind of work men with special qualifications should be 
 appointed. It is too much to ask chaplains to add this to their ordi- 
 nary services. Yet the natural and nearest ally of the teacher is the 
 chaplain. All modern countries provide for religious influences and 
 recognize the right of prisoners to have the help of men of their own 
 faith. 
 
 Teaching, moral instruction, and preaching tend to quicken curi- 
 osity, to whet the appetite for knowledge, and so a library is an 
 essential factor in prison education. Carefully selected books insen- 
 sibly and unobtrusively win men from the currents of vicious and 
 depraved thoughts and occupy their attention with the noble ideals of 
 the master spirits of the ages. The habit of reading, once formed, 
 helps a man when discharged to be somewhat independent of the only 
 companionship which is offered him in freedom — association with the 
 lawless. 
 
 The institution paper seems to be confined to prisons of the United 
 States, and it is a device which deserves the study of friends of pris- 
 oners. It is still in a crude and rudimentary stage of development, 
 but is constantly improving. Where the trade of printing is taught 
 the paper can be produced at a minimum cost, and is itself a means of 
 literary instruction of high value. In its columns the warden, chap- 
 lain, and teachers can present in attractive form the ideas which they 
 wish to implant, and they can explain the motives which actuate 
 
 «Die Gefangnisssohule. 
 
INTBODUOTION. XXXIII 
 
 ^^iV'^ discipline. All men need to be kept in touch with the great 
 world to which they are to return after a period of exile; but an 
 ordinary daily newspaper is not fit for prisoners to read. In all 
 countries it is regarded as demoralizing to allow the free reading of 
 "^I'y papers. But really significant items furnished by newspapers 
 should be made known, with intelligent comment, to all the men. 
 The institution paper, therefore, has its place in a system of education 
 for the members of this isolated community. 
 
 Discharge.— (a) "Good time" laws; (5) conditional release, parole; 
 (c) notification (to state central authority, police poor ofiicers, etc.); {d) 
 state agent (to secure employment, watch over paroled men, etc.); (e) 
 societies of patronage; (/) money, clothing, and expenses of travel 
 given at release; (g) treatment of recidivists and violators of parole; (A) 
 care of funds and property of prisoners on parole and discharged. 
 The discharge of a prisoner at the expiration of a sentence seems to 
 the mere man of routine a very simple matter; it is only to open a 
 gate and let a man go out into the world. To the close observer the 
 moment and method of discharge are decisive of the success of the 
 reformatory process and of the fate of the convict. At no point are 
 theoretical speculations and fine-spun analyses of criminal law of less 
 value than here. The doctors of law can not even form a rational 
 judgment on the worth of their sj^mmetrical codes without studying 
 their eflPects on the man after he goes free. The regulations which 
 the present volume presents assist us in some degree in learning the 
 results of actual first-hand experience with convicts. 
 
 The ' students of criminal law throughout the civilized world are 
 divided in opinion in respect to the so-called ' ' indeterminate sentence. " 
 The phrase is a misnomer and the use of it in controversy has led to 
 much needless dispute and heated temper. Our own American writers 
 have repeatedly pointed out the misleading suggestions of this popular 
 and unscientific designation. As a matter of fact competent authori- 
 ties are not so far apart as they seem to be, and the proof that all are 
 really working upon the same fundamental principles toward the 
 same ends is furnished by our documents. 
 
 Extremists on both sides learn to modify their notions by a wider 
 analysis of facts and by comparison of methods. The advocates of 
 the "classical" theory of criminal law place the emphasis on the 
 necessity of protecting society, of making lawless men realize the 
 enormity of their offense and the rigor and austerity of justice. They 
 insist that penalties must be defined with precision and interpreted by 
 courts which declare sentence in full view of all the evidence. They 
 often express the fear that it is not wise nor just to interfere with the 
 judicial department of government by placing part of their powers in 
 the hands of the executive and administrative department, lest some- 
 times administrators permit criminals to go free on such easy terms as 
 to make a farce of justice, or that they may hold men in durance so 
 long that the public is unduly burdened with the cost of their mainte- 
 nance and the convict suffers wrong. 
 
 On the other hand extreme statements have been made, and the 
 value of juries, courts, and judges has been seriously placed in ques- 
 tion. ' It has been said by_ some writers that about all that a court can 
 do is to decide upon the simple fact of guilt or innocence, and in case 
 of guilt hand the sick and erring man over to the reformatory to be 
 held until he is cured, and if he proves incurable, to hold him for life 
 H. Doc. 452 in 
 
XXXIV INTRODUCTION. 
 
 without further judicial action; and that the administrative depart- 
 ment must be the final judge of the results of training and reform. 
 Thus we see that there is room for a contest for power between two 
 coordinate branches of government, the police sometimes taking one 
 side and sometimes the other. 
 
 This is not the place to present in full the positions and arguments 
 of the points in controversy, but it is the proper occasion for com- 
 paring and interpreting the actual practice in different countries. 
 
 The German code determines the minimum and maximum punish- 
 ments in a general way. On the surface the definition of crime and 
 penalty seems to be very exact, and the prison administration seems 
 to have no power to modify the sentence of the court. The idea of the 
 "indeterminate sentence" seems to be excluded by a final and irrevo- 
 cable law as applied in a judicial decision. But now turn to the regu- 
 lations drawn up by the ministry of each state, under the penal code, 
 and this hard exactness is seen to be modified. After all, the conduct 
 and character of the Convict have something to do with the penalty 
 which he actually suffers. For illustration, the administration has 
 the power to so modify and adjust the time of labor, the kinds of 
 work, the food and bed, the exercise and social intercourse as to adjust 
 the penalty, in its severity, to the daily conduct of the prisoner, btill 
 more worthy of consideration is the conditional release (vorlaufige 
 Entlassung) of the German system, which is to be distinguished from 
 acts of grace or pardon. The rules in Saxony pi'ovide that the min- 
 istry of justice may permit a release of convicts on parole under cer- 
 tain conditions; the prisoner must have served three-fourths of his 
 term (at least one year) in the institution; he must have a good-conduct 
 record; he must give evidence that he will obey the laws if set free; 
 he must have a place to work or means to support himself. 
 
 Legal] }'■ the decision is made by the ministry ; but it is evident that the 
 advice of the director of the prison is the decisive factor. The reten- 
 tion of power by the central ministry secures equality of treatment 
 among the different prisons and relieves the director of the pressure 
 which prisoners might bring to bear on him if he had the power to 
 determine their fate. But the ministry can go even further, and, as 
 an act of grace, on the recommendation of the director, can grant full 
 release or change the punishment. Thus, even under the German 
 code the decision of the text and of the court is by no means final and 
 rigid. The German minister of justice acts very much as the board 
 of our advanced American prisons and reformatories act under our 
 so-called "indeterminate sentence," as at Elmira, Concord, Jefferson- 
 ville, Joliet, etc. 
 
 Similar regulations relating to conditional release, with power in 
 the hands of the administration to recall a man who violates his parole 
 rules, are found in the Austrian documents. 
 
 The Swiss rule (Zurich) is: 
 
 When a convict who has been condemned to a Umited term has passed through 
 the three classes in a satisfactory manner, and can show that he has employment or 
 means of living, he may hand to the commission, for supervision by the director, a 
 petition for probationary release. The conference ol officers sends with this a full 
 report on the character and conduct of the convict. If the commission for super- 
 vision finds that improvement of the convict has been secured and that the other 
 conditions of release have been met, then it sends a report and application to the 
 department of justice, which renders a decision. The conditionally released man 
 is required to present himself monthly before a local official and give evidence of 
 good conduct. 
 
INTRODUCTION. XXXV 
 
 The man is kept under police supervision. If the terms of parole 
 are violated the State's attorney may move for his recall to serve the 
 maximiun sentence. 
 
 It should be observed that neither in Germany, Austria, nor Switzer- 
 land is the trial judge called upon for advice or action. He acted at 
 the trial on all the knowledge he could gain, and knows nothing of 
 importance in relation to the subsequent conduct of the prisoner, 
 which determines his conditional release. 
 
 In Scandinavian countries there is a tendency to modify the rigid 
 forms of the penal code in the same direction. 
 
 The entire development of the English system for a century has been 
 in the direction of gradual preparation for freedom, including a period 
 of conditional freedom at the end of the term. 
 
 Canadian prisons employ the hope of remission time as a measure of 
 discipline. The remission of sentence authorized by statute shall, for 
 every month, be such as the warden may determine according to the 
 good conduct and industry of the convict, but no remission shall be 
 allowed until after the expiry of the first six months of imprisonment. 
 Here we find the principle of '"good time" laws. 
 
 In the United States again we encounter chaos. Every known method 
 of modifying the sentence of courts is under trial; the pardon power 
 of the governor or of a pardoning board; '.'good time" laws, under 
 which a prisoner can shorten his term and go absolutely free, without 
 a probationary period, and conditional release on parole, with more or 
 less of supervision by the warden, agents, and police. 
 
 France, without having introduced the "indeterminate sentence," 
 began at the first stage to modify the rigor of judicial action by giving 
 the court power to suspend sentence in case of young offenders and 
 place them under care and control. In reality this is a surrender of 
 the principle of exact retributive justice and the substitution of pro- 
 tective and reformatory measures. If "exact justice" demanded 
 absolutely that a certain offense deserves a certain term in prison, the 
 law of suspended sentence would contradict justice as thus defined. 
 The relegation of hardened recidivists, under French law, is in prin- 
 ciple the confession of the value of permanent custody of incorrigible 
 criminals. In the case of juvenile offenders France long since intro- 
 duced the principle of reformatory education, and logically it must go 
 forward and apply the same principle to the treatment of corrigible 
 adults. Indeed, the law of conditional liberation (1885) is based on 
 modern reformatory ideas. This liberation is obtained by good 
 conduct, sustained industry, and repentance. The prisoner must 
 serve at least half his sentence, if he is convicted for the first time, 
 and two-thirds if he is a legal recidivist. Means of support must be 
 assured in advance, and the parole may be revoked for cause. A 
 committee appointed by the minister of the interior examines all 
 requests for conditional liberations. 
 
 Italy has a legal regulation of conditional release, If the person 
 violates the rules, he is recalled. He is placed in the " ordinarj^" class 
 if his recall is due to neglect, and in the class "on trial" if he has 
 committed a crime. This gradation of position seems to be peculiar 
 to Italy. 
 
 Belgium, in the administration of its law of conditional release, 
 makes much use of the societies of patronage, and this custom is 
 found in other countries. 
 
XXXVI INTEODTTCTION. 
 
 These examples are suflScient to demonstrate the tendency in all 
 modern prison systems toward a common goal, the protection of 
 society, when possible, by the reformation of the culprit, and, if he 
 persists in his rebellion, to render him harmless and require him to 
 earn the cost of his maintenance so far as enforced labor can be made 
 to cover such cost. 
 
 Thus we find in those documents much light on the nature and 
 characteristics of criminals; on the most rational methods of restraint, 
 discipline, and education; on the large problem of central control of 
 local administration, and on the improvement in penal codes and in 
 the procedure of courts. It is but one section of a large field of social 
 study, but it is related to the entire range of human associations under 
 law, and to the entire process of social evolution. 
 
MODERN PRISON SYSTEMS. 
 
 gekma:n^ empibe. 
 
 GERMAN PRISON ADMINISTRATION— IMPERIAL REGTILATIONS. 
 
 The comparative method of study which has been so fruitful in the physical and 
 social sciences rests on the implicit belief that persons and peoples can learn from 
 each other; that civilized races, with all their differences, have many things in 
 common; that, making necessary allowance for differences in situation, character, 
 and disposition, there are.general causes at work and general principles which may 
 be relied on for the guidance of conduct and management. 
 
 The following study rests on these assumptions, but the facts will be set down 
 without regard to the theory of the writer, and so will be quite as available for the 
 use of those who may arrive at other conclusions. 
 
 Principles of Administration Found in the Penal Code of the German Empire. 
 
 One of the earliest achievements and services of the united Germany was the 
 formation of a penal code. In all the 25 States of this great nation one law prevails. 
 In a small volume which can be bought for a nominal price any citizen can discover 
 an exact and scientific statement of his obligations and dangers in the sphere of penal 
 law. In the United States we have as many systems of definition and penalty as we 
 have States, and much confusion of mind, as well as feeling of inequality and injustice, 
 arises from this fact. 
 
 forbidden acts classified. 
 
 The penal code distinguishes three forms or grades of criminal actions, somewhat 
 corresponding to our terms felony, misdemeanor, and offense, and these are pri- 
 marily distinguished from each other by- the character of the penalty. Of course 
 such a classification, based on actions and not on the nature of the offenders, is arti- 
 ficial; but it is the traditional method of classification, and its evils are much miti- 
 gated in practice by provisional release, parole, acts of grace, and other devices which 
 will be studied under the rules of administration. 
 
 The German words are Verbrechen, Vergehen, and Uebertretung, which division 
 is akin to that in the French words crime, d^lit, et simple contravention. 
 
 1. Thus a felony (Verbrechen) is an action which exposes its responsible author 
 to the penalty of death, or to a penitentiary (Zuchthaus) or fortress prison (Fest- 
 ungshaft) more than five years. 
 
 2. A misdemeanor (Vergehen) is an unlawfuV act which exposes its author to a 
 fortress prison up to five years, or to an ordinary prison (Gefaengniss), or to a fine 
 of more than 150 marks. 
 
 3. An offense (Uebertretung) is an act which makes the person liable to incarcera- 
 tion (Haft) or to a fine up to 150 marks. (§ 1 of Penal Code, Strafgesetzbuch. ) 
 
 PUNISHMENT AND DISCIPLINE. 
 
 The death, penalty is inflicted by beheading (Enthauptung), the guillotine being 
 usually employed for capital punishment, and this only in case of high treason and 
 murder in the first degree (§ 13, Penal Code). 
 
 The penitentiary imprisonment (Zuchthausstrafe) is either for a term not 
 exceeding fifteen years or for life. The shortest term is one year (§14). 
 
 H. Doc. 452 1 1 
 
2 MODEKN PRISON SYSTEMS. 
 
 Ordinary or common prison (intermediate prison, Gefaengniss).— Here the 
 longest term is five years and the shortest one day (§ 15). 
 
 Fortress prison (Festungshaft).— The term of incarceration may be for life or for 
 a limited term, the latter ranging from one day to fifteen years (§17). 
 
 Simple incarceration (Haft) is for a period of one day to six weeks. It is merely 
 deprivation of liberty for a time in a local prison or jail (§ 18). 
 
 Equivalence.— Eight months of a penitentiary equals one year of ordinary prison, 
 and eight months of ordinary prison equals one year of fortress imprisonment (§21). 
 
 The theory here seems to be that life in a penitentiary is more disgraceful, is 
 marked by harder labor and worse fare than in an ordinary prison, and therefore 
 eight months is equal to twelve months of the milder punishment. Some directors 
 express doubt on this subject and ask whether this distinction does not actually tend 
 to induce men to commit grave crimes, since it is impossible to make the conditions 
 harder in penitentiaries than in common prisons without transgressing the hygienic 
 rules established to prevent loss of health. 
 
 Labor in prisons.— The code (§15) provides that the inmates of penitentiaries 
 are to be required to labor at the tasks there imposed. They may also be employed 
 at labor outside the prison, especially upOn pubhc works, but only when convicts 
 are separated from free workingmen. 
 
 Those who are condemned to an intermediate prison (Gefaengniss) may be occu- 
 pied with work suitable to their capacity in the institution. They can not be 
 employed outside without their own.consent (§16). 
 
 Cellular confinement. — The sentences to penitentiary and intermediate prisons 
 may be executed for the entire term or part of it in separate confinement (Einzel- 
 haft). This separate confinement can not exceed three years without consent of the 
 prisoner (§22). 
 
 Provisional discharge or release. — (§23). Those who are sentenced for a long 
 term to penitentiary or intermediate prison may be released at least one year before 
 the end of the term when they have completed three-fourths of the term of sen- 
 tence, and during that time have conducted themselves well. This release before the 
 end of term (die vorliiufige Entlassung) may in case of bad conduct be recalled at 
 any time, and this recall has the effect that the time elapsed between the release and 
 the re-arrest shall not be reckoned on the sentence (§24). 
 
 The decision upon provisional release (§25), as well as upon the recall, proceeds 
 from the highest judicial authority (von der obersten Justiz-Aufsichtsbehoerde). 
 Before this decision the prison direction is to be heard. Temporary arrest of the 
 conditionally released convict, for urgent reasons of public welfare, maj^ be made by 
 the police authorities of the place where the released prisoner is staying. A final 
 decision is to be asked at once. 
 
 Fines and reparation. — The minimum fine. for crimes of high grade is 3 marks; 
 for milder offenses, 1 mark. To be distinguished from the fine (Geldstrafe) is the 
 compensation or reparation (die Busse), i. e., a sum of money to be paid by order 
 of the criminal court to the injured party at his request and instead of further 
 damages — for example, in cases of insult, physical injury, infringement of patent 
 rights, etc. 
 
 Iioss of honor and civil rights as penalty. — Condemnation to the penitentiary 
 carries with it permanent incapacity for service in the German army and the imperial 
 marine, and to occupy certain ofiices. Condemnation to an ordinary prison (§34) 
 may be accompanied with loss of certain civil rights (franchise) and honors for a 
 limited time (§31). 
 
 Surveillance of police. — Supervision by local police for certain crimes and for 
 definite periods not exceeding five years may be ordered (§38). 
 
 Slinors. — A person under 12 years of age can not be criminally prosecuted. If a 
 law is broken the child is handed over to reformatory agencies (§55). Youth 
 between 12 and 1 8 years of age, if proved to have no insight into the criminal nature 
 of the act, may be referred to the family or some reformatory agency for correction 
 (§56). Youth between 12 and 18 who are capable of understanding the criminal 
 nature of the act are punished with shorter sentences than adults. 
 
 Simple incarceration — Treatment of tramps and other vicious persons. — 
 §§ 361 and 362 are very important sections of the code. They are inserted to supply 
 defects in the working of the code in case of habitual offenders of a depraved class. 
 Those who violate jiarole while under police surveillance, vagrants, beggars, men 
 who neglect to provide for their families, drunkards, prostitutes who violate police 
 rules, and persons who rufuse work offered by the poor-relief authorities are classed 
 together and subjected to incarceration. Some of them may be required to labor in 
 prison, or, if separated from other workmen, outside the institution. Surveillance 
 may be added. Minors under 18 can not be held in workhouses. 
 
MODERN PRISON SYSTEMS. 
 
 DEFINITION OF CBIMES AND PENALTIES. 
 
 Most of the code is made up of definitions of crimes and statements of sanctions or 
 penalties. Ttiese are not taken into account directly in prison administration. 
 
 "It may be noticed that we Germans, according to our way of reducing things to 
 general principles, determined the minimum and maximum of the different kinds of 
 punishments in a general way in that part of our penal code which contains the gen- 
 eral principles, while in the English and American law this is determined in the case 
 of each offense separately. Consequently our law often says such and such a crime 
 is punishable by Gefaengniss, the minimum and maximum being determined once 
 forever in the general part of the law. This is one of the reasons our laws are so 
 much smaller in volume than the English and American laws." (Dr. Oscar Hin- 
 trager; Proceedings of National Prison Association, 1899, p. 280. ) 
 
 A further quotation from Dr. Hintriiger will explain the connection between the 
 penal code and the rules of administration which will be subsequently presented in 
 some detail: 
 
 " Now, one might expect the three different kinds of imprisonment to be different 
 in their execution according to the degree of gravity of the offense which they are 
 set out for. This, however, is more the case on paper and in theory than in reality. 
 Our institutions to which the men are committed for the execution of the different 
 kinds of imprisonment do not materially differ, neither in the way of construction 
 nor as far as treatment and discipline are concerned. This, which forms the most 
 popular complaint against our whole system, is, besides the difficulties in the very 
 nature of the case, mainly due to the fact that we have no unified law of the Empire 
 regulating the execution of our court sentences. All this is determined by the legis- 
 lature and the prison authorities of the different States differently. When such a 
 law — which was intended to be passed since the enactment of the penal code — was 
 laid before the Reichstag in 1879 the difference of opinions as to the prison system 
 to be followed and the fear of the heavy expenses which a carrying out of the law 
 would have necessitated for the different States was too great a difficulty to be over- 
 come. Bismarck himself is said to have expressed his dislike of that law. So the 
 bill, which was mainly drawn up by the Prussian secretary of justice and in an 
 undecided way tottered between the congregate and the solitary system, was with- 
 drawn. No new law has been prepared since, but the German Bundesrath in 1897 
 agreed to adopt certain principles which in the execution of sentences for imprison- 
 ment have to be followed until the final enactment of the expected law. 
 
 " 'main principles. 
 
 " ' § 1. Prisoners who are serving their time under a sentence of a criminal court of 
 justice must be kept separate from all those awaiting trial. 
 
 " ' § 3. Female prisoners must be kept in separate institutions. 
 
 " ' § 4. Prisoners who have not yet completed the eighteenth year of their life must 
 be kept separate from adult prisoners in such a way that no intercourse is possible 
 between them. In case the said prisoners have to serve sentences of more than one 
 month, they must be confined in separate institutions, where they can be kept till 
 the expiration of their twentieth year of life. 
 
 " '§ 8. No prisoner can be placed in an institution except upon a written order of 
 the court, in which the judgment, the offense, the punishment, and the time from 
 which this has to be counted, is stated. 
 
 " ' § 11. Zuchthaus and Gefaengniss punishment must be served in solitary confine- 
 ment, preferably, if (1) the length of sentence does not exceed three months, or if 
 (2) the convict is under 25 years of age, or if (3) the convict has not served any 
 previous terms. 
 
 '"§12. Convicts under 18 years of age, as a rule, can not be kept in solitary con- 
 finement more than three months; adults not more than three years, except with 
 their consent. 
 
 " ' § 13. Solitary confinement can not be apphed if it involves a danger to the phys- 
 ical or mental conditions of the convict. 
 
 " '§ 14. The convict who is kept in solitary confinement must be visited daily sev- 
 eral times by officials of the institution; once a month, at least, by the warden and 
 the physician. 
 
 '"§15. Prisoners who are confined on the congregate plan may be kept separate 
 during the outdoor hours, and must be so at nighttime. 
 
 " ' § 16. Under the congregate plan prisoners who are disfranchised and who have 
 served previous terms must be kept separate from the not disfranchised and the first 
 termer. Under our law the criminal is disfranchised only for a limited period of 
 
4 MODERN PRISON SYSTEMS. 
 
 years to be counted from the date of release from prison, and only in case of certain 
 crimes which show a great meanness and dishonesty of character. 
 
 " ' § 17. All the prisoners have to work, the labor is assigned to them. Exception- 
 ally the first termer and the not disfranchised convict may be allowed to work for 
 himself at what he pleases. 
 
 " ' § 18. In assigning the labor to the convicts the warden has to regard their health, 
 faculties, and future; in the case of juveniles, especially their education. 
 
 " ' §20. A day's work in the Zuchthaus is not more than twelve, in the Gefaengniss 
 and Haft not more than eleven hours. 
 
 " ' § 21. The income of the convict labor goes to the treasury of the State. The con- 
 rict, however, may be allowed to earn in the Zuchthaus not more than 20 pfennige 
 {5 cents) a day; in Gefaengniss and Haft not more than 30 pfennige (7 cents) a day. 
 
 " ' § 22. Convict labor must be "regulated in such a way that the least possible harm 
 is done to outside labor and industry. To obtain that end, the following principles 
 must be followed in all institutions: (1) The convict labor must not be leased to 
 private employers; (2) the products of the convict labor must in the first place fill 
 the demands of the State and its institutions; (3) convict labor has to be distributed 
 among as many trades as possible, so as to make the products of none of them too 
 many; (4) an underselling of free labor must be avoided by all means. 
 
 " ' § 28. Each convict has the right to see a clergyman of his own confession at any 
 time. He must attend the regular chapel services. 
 
 " ' § 29. The education in the institutions for juveniles covers the same matters that 
 are taught in the public schools. The same education is given to those adult pris- 
 oners who need it and who have to serve more than three months. 
 
 " '§80. Books and printed matter the convicts can not receive except from the 
 librarian of the institution. 
 
 " '§ 31. The prisoners must have outdoor exercise at least half an hour every day. 
 
 " ' § 32. In the Zuchthaus they are allowed to receive a visit of their relatives once 
 in three months; in Gefaengniss and Haft once each month. 
 
 " ' § 34. The following disciplinary punishments are admitted: (1) Deprivation of 
 privileges; (2) deprivation of books and printed matter; (3) deprivation of work in 
 case of solitary confinement; (4) deprivation of outdoor exercise, but not longer than 
 one week at a time; (5) deprivation of the bed, but not longer than one week at a 
 time; (6) chaining, but not more than four weeks at a time, and not against convicts 
 under 18 years; (7) punishment cell, not more than six weeks at a time. The latter 
 punishment can be made more effective by darkening the cell and by a reduction of 
 the daily food. The dark cell can not be used for juveniles under 18. 
 
 ' ' ' Corporal punishment is not allowed except in case of juveniles under 14 years of 
 age, and only in so far as it is administered on them in the public schools.' 
 
 ' ' These principles, with slight modifications, are commonly followed in all the 
 German States. As by them the Bundesrath neither decided for a certain system nor 
 laid down detailed rules for the control of prisons or for prison labor except the gen- 
 eral ideas given in paragraphs 21 and 22, all these matters are left to the different 
 States, and they have all regulated it more or less differently." 
 
 THE JUDICIAIi DEPARTMENT OF THE GERMAN EMPIRE. 
 
 The court of last resort is the imperial court at Leipsic (Reichsgericht), created 
 in 1877, which gives uniformity to interpretations of the code. The various States 
 appoint their own judges and determine the judicial districts; but imperial laws fix 
 the qualifications of judges. 
 
 PRUSSIA. 
 
 SUPERIOR ADMINISTRATIVE CONTROIi. 
 
 (See additional particulars below. The Prussian prison regulations of Nov. 14, 1902, 
 will be given in the supplementary volume. ) 
 
 The central executive department has nine ministries: (1) Foreign affairs; (2) 
 interior; (3) ecclesiastical, educational, and sanitary; (4) trade and commerce; 
 (5) agriculture; (6) public works; (7) justice; (8) finance; (9) war. The ministry 
 of state is comjjosed of the heads of these nine ministries and it meets once a week. 
 
 In each province there is a superior district court (Oberlandesgericht); and next 
 
MODERN PBISON SYSTEMS. 5 
 
 below it, a district court (Landgericht). In each magisterial district there is an 
 Amtsgericht. "Minor criminal cases are tried in sheriffs' courts (Schoeffengerichte) 
 sitting in the magisterial districts; more serious offenses by the criminal chamber of 
 district court; all grave crimes by special, jury courts (Schwurgerichte) which sit 
 under the presidency of three judges of the district court. . . . The nomination of all 
 judges rests with the King, but the appointment is for life and the judges stand in a 
 position of substantial independence. The minister of justice, however, completely 
 controls all criminal prosecutions." (Wilson, The State, pp. 271, 296.) 
 
 It is from the ministry, that the regulations emanate. Control of prisons of justice 
 belongs to the superior counsel of the State, under the supervision of the minister of 
 justice. He has power to issue regulations for the conduct of business and order in 
 the prisons and to give special directions in the routine of office or on complaint. 
 The prisons are to be inspected once in two years by the superior counsel of state or 
 by his representative, according to regulations of the minister of justice. 
 
 § 25. In respect to oversight and discipline the officials of the prison administration, 
 in case they hold other offices also, are to conform to regulations made for them. 
 Officers exclusively devoted to service in the prisons are subject to the regulations 
 made for assistants of the attorney of state. If a magistrate is over the prison the 
 rules for officers of courts apply. Special superintendents appointed under § 3 are 
 directly accountable to the superior counsel of state. They are authorized to disci- 
 pline the officials under them by warnings, reprimands, and fines to 9 marks, and 
 under officers with arrest for 3 days. 
 
 OKGANIZATION AND BEGTJLATION OF ADMINISTRATIVE 
 
 PRISONS, a 
 
 [Prison Ordinances for the Administration of Justice, December 21, 1898, R. v. Decker, publisher 
 
 Berlin.] 
 
 Introduction. 
 
 § 1. The prisons of the administration of justice serve (1) to receive persons on 
 trial, to whom belong, in the meaning of the prison ordinances, also persons provision- 
 ally arrested; (2) for the execution of the penalties of simple incarceration (Haft) 
 and imprisonment; (8) to execute compulsory incarceration and punishments under 
 ordinances (civil imprisonment); (4) reception of prisoners in transit; (5) excep- 
 tionally for reception of police prisoners, especially of persons taken in charge for 
 security, and foreigners to be extradited, and military prisoners. 
 
 Division I. — Pkison Authoeities and Officials. 
 
 §2. In each prison the officers are a superintendent, an inspector, and the 
 required number of under officers (as superior overseers, overseers of prisoners, and 
 corresponding female officers (for women). In large prisons several inspectors and 
 members of the clerical and bookkeeping department, as well as persons to direct 
 the technical and housekeeping occupations, may be appointed. 
 
 Clergymen, physicians, and teachers will be appointed according to need, or an 
 especial agreement may be made. For very complex prisons a commission may be 
 appointed for cooperation in administration, whose composition and functions may 
 be regulated according to circumstances. 
 
 A. Prison superintendent. — §3. General rule. — The prison superintendent's 
 function is in the hands of (1) the first state's attorney, in those places which are 
 the seat of a state court or of an outer chamber of punishment, or a state attorney; 
 (2) in other places the magistrate, and where there are several magistrates the one 
 who has supervision. For particular prisons of large extent the minister of justice 
 may appoint special superintendents. 
 
 § 4. Oversight of officers — Conduct of administration. — The superintendent has super- 
 vision of all officers in the prison and conducts the administration according to regu- 
 lations made by the ministry of justice and the superior state's attorney (§24). 
 
 § 5. Division of duties. — If there are several officials of inspection, under officers, and 
 clerks and directors of tlje technical and housekeeping departments, the superior 
 state's attorney or the director under his orders will divide the tasks between them. 
 
 § 6. Prisoners. — The director has to see that each prisoner is treated in accordance 
 with the purpose of his incarceration and that the punishment is carried out accord- 
 
 a The illustrations for Prussia are taken from minor prisons. It is impossible to give all the docu- 
 ments In this volume, and it was necessary to make a selection. — Editor. 
 
6 MODERN PEI80N SYSTEMS. 
 
 ing to the regulations of administration, with the effort, so far as possible, tofurther 
 the moral welfare of the prisoner and his preparation for return to orderly life after 
 his sentence is served. The director assigns ;to the prisoners their cells. 
 
 § 7. The director has every day to receive the list of the places occupied and the 
 oral reports of the inspectors or foremen in relation to all noteworthy events. 
 
 § 8. The director has at least once a week, and occasionally — at least semiannually — 
 once by night, to examine the prison and to record the result in a book of inspec- 
 tion. Prisoners in solitary confinement he must visit at least once a month. 
 
 § 9. The director has the authority to administer disciplinary measures according 
 to the rules (§95). He makes recommendations as to provisional release (§23 of 
 Penal Code). 
 
 § 10. The director has to observe the rules relating to military obligations. * * * 
 
 § 11. The director must report at once to the superior attorney of state all impor- 
 tant events, as mutiny, escapes, suicides, attempts at suicide, etc., with a short account 
 of the facts. At close of the fiscal year he is to give an account of the cells, occupa- 
 tion of rooms, and of the official persons. At request he must render a general 
 report. 
 
 B. Prison inspector. — § 12. The business of the prison inspector shall be admin- 
 istered either by an official exclusively appointed for this task or by one appointed 
 by the state attorney or judge of the local court. 
 
 § 13. It is the special duty of the prison inspector (a) to care for the secure hold- 
 ing of prisoners, the inner otder of the prison, and supervision of buildings; (6) 
 the receipt and discharge of prisoners and preparation of notices and reports; (c) pro- 
 visional assignment of cells to prisoners; (d) the special supervision of the overseers 
 of prisoners, in which duty he will visit weekly at least twice, and occasionally — at 
 least once in two months — by night, the entire prison and write the results of his 
 observations in the book of inspection ; ( c) the management of the household and the 
 estimates of cost of administration; (/) keeping accounts of inventories and their 
 improvement and completion ; (g) preparation for transfer of prisoners and their trans- 
 portation; (ft) arranging employment for the prisoners and administration of the 
 fund of reward for labor; (i) conduct of books, lists, reports, etc. ; (k) administration 
 of firearms and ammunition and care for their keeping. The prison inspector may 
 have clerical help as needed. Inspectors employed exclusively at this work wear 
 the uniform prescribed. 
 
 § 14. Guards, men and women. — The service of watching prisoners is intrusted 
 to special oflicers, overseers, foremen, house fathers, etc., or to court servants. In 
 larger prisons with separate departments for women this service shall be done 
 entirely by women; in small prisons, as far as possible. The court servants who are 
 not appointed guards are to act as such. 
 
 § 15. The duty of such overseers of prisoners is (a) immediate oversight of pris- 
 oners; (i) fastening the outer doors of the prison and of the cells; (c) conduct of 
 business of the house; (d) care of cleanliness in rooms and of the utensils, bedding, 
 etc.; (e) care of the cleanliness of prisoners themselves, their underclothes, clothing, 
 and 01 sick prisoners. The guards are also required to assist in the service at night 
 under direction of the superintendent. In addition, minor duties of prison inspector 
 may be assigned them with consent of the superior attorney of state. Excluded is 
 administration of the fund for reward of work. Announcements and requests of the 
 guards are usually to be' conveyed to the superintendent through the inspector. 
 
 § 16. Hours of service. — The service of a guard is not defined by regular hours of 
 the day. During the night he may not be away from his house without consent of 
 the superintendent or inspector. The guard is not authorized to make orders in 
 respect to work of prisoners nor to use their labor for his own convenience. The 
 guard must wear the institution uniform inside as well as outside the prison. Assist- 
 ants during service must wear the cap of service and the side arms. 
 
 D. Other ofl3.cers of the administration. — §17. If there are in larger prisons 
 other officers in addition to the superintendent, inspector, and guards (§ 2), their 
 appointment, the circle of duties, and particular assignments will be the object of 
 special regulations for the particular prison. 
 
 E. General regulations relating' to the conduct of o£S.cers of prison admin- 
 istration. — § 18. The officers of prison administration are required to be moral and 
 sober in their behavior. They must perform their duties with fidelity, industry, and 
 order; and even when they are not under inspection must further the administration 
 of the prison; they must make themselves acquainted with the industries carried on in 
 the prison as far as possible. In all these tasks they must observe silence. It is 
 their duty to be obedient to those placed over them, peaceful, and ready for work, 
 earnest, but firm, benevolent, and just toward prisoners. Treatment of prisoners 
 must accord with their personal peculiarities and civil position. Partiality is strictly 
 
MODBKN PBI80N 8YSTEM8. 7 
 
 prohibited. The adult prisoners are to be addressed with "Sie" ("you" — title of 
 respect) . How far prisoners may work for officers must be determined in particular 
 cases. 
 
 § 19. All communication with prisoners aside from that which belongs to the office 
 is forbidden. Officers may not enter into any business transaction with prisoners, as 
 selling and buying, lending or borrowing, nor act as middlemen in purchases, nor 
 .receive presents from them. Prison officers are to have no dealings with men who 
 deliver goods, nor with business managers, to have loans from them or gifts or goods 
 at lower prices than others, nor for any objects used in their office are they to receive 
 rewards or advantages. 
 
 § 20. An officer is responsible for any trespasses upon regulations by the members 
 of his family, servants, or visitors. He must see that they have no communication 
 with prisoners. The employment of members of the family in prison service without 
 express permission of the superintendent is forbidden. 
 
 § 21. Trespasses of the regulations wUl be punished according to the disciplinary 
 laws. 
 
 §22. The board of supervision (§24) may permit the use of firearms to officers 
 according to circumstances; to inspectors and guards. Officers are required to observe 
 the following rules in respect to the use of firearms or clubs: (1) When one of them 
 or any other person is attacked or threatened with assault; (2) when a prisoner has 
 taken up a tool with which he may make a dangerous assault and refuses to lay it 
 down upon demand; (3) when prisoners form a mob to escape and resist the officers 
 in their attempt to stop them; (4) when a prisoner in flight refuses to stop after 
 repeated order to do so, then weapons may be used. Weapons may be used only so 
 far as is necessary to suppress mutiny, hinder escape, repel assault, and overcome 
 opposition. Firearms shall be used only to repel dangerous attacks after warning, 
 and only then'if other means are not sufficient. Whether firearms shall be used in 
 case of mutiny, aside from cases of direct assault, the superintendent, or in his absence 
 the inspector, determines. Overseers of men working outside may use clubs or fire- 
 arms to prevent flight if necessary. In any case of use of firearms or clubs the super- 
 intendent is to be notified at once, and he will inform the superior attorney of state 
 of all the facts. 
 
 r. Clergymen, physicians, and teachers. — § 23. These officers are under direc- 
 tions of the superintendent so far as order of the house is concerned. 
 
 Division HI. — Special Regulations in Eespect to the Treatment or Persons 
 
 ON Trial. 
 
 § 91. Persons on trial are always to be thought of as those whose guilt has not yet 
 been proved. Comforts and employments suitable to their means and position may 
 be given them at their own cost, so far as consistent with security and order. Chains 
 may be used only to prevent assaults or personal injury to the prisoner, and in the 
 principal process he must be brought without manacles. 
 
 § 92. Persons on trial can not be compelled to labor. Voluntary labor in the occu- 
 pations of the institution may be permitted by the judge, under direction of the 
 superintendent. In this case they come under §§96-7, 9, with the provision that 
 the judge decides as to the disposition of the reward of labor, removal of privilege, 
 and placing of the credit. 
 
 § 93. Persons on trial may use their own clothing, so far as it is sufficient and 
 suitable. In other cases clothing will be furnished; but they may be required by 
 the judge to appear in the clothing in which they were arrested. The clothing of 
 persons on trial shall differ from that of prisoners under sentence according to the 
 regulation. 
 
 § 94. Food is supplied to persons on trial according to the diet regulations. They may 
 be permitted, under § 67, to supply their own food. This privilege may be taken 
 away if abused. 
 
 § 95. Eegulations of the prison apply to persons on trial, save when the judge 
 makes other rules; but in no case can order and security be jeopardized. The 
 fixing of disciplinary punishments for persons on trial belongs only to the judge or 
 court who are in authority for the purpose. (§§ 116, 124 of Penal Procedure. ) 
 
 If prisoners under sentence are placed upon trial for another cause, or if a person 
 on trial is deprived of liberty for another cause, then, until expiration of term, the 
 rules applying to prisoners under sentence are in force, with the addition that pris- 
 oners of both classes must be kept apart, and persons on trial must be employed in 
 cells. The regulations for persons on trial in relation to communication are decisive. 
 Prisoners who have been convicted, but not yet transferred to the institution where 
 the penalty is to be inflicted, are treated as persons on trial. 
 
MODERN PBI80N SYSTEMS. 
 
 Division IV. — Special Regulations foh the Treatment of Prisoners Serving 
 
 Sentence. 
 
 A. Treatment of persons condemned to jail (Gefaengfnissstrafe).— § 96. Per- 
 sons under jail sentence are usually to be employed at work suited to their capacity 
 and relations, and at their request are so to be employed. But it is not necessary 
 that the work should be one they have previously learned. The superintendent, 
 decides whether thework is suitable in doubtful cases. If such work is at hand, the 
 prisoner must be required to perform it, and the superintendent may excuse him only 
 for good reason. The work is assigned by an inspector, with appeal to the superin- 
 tendent. The wishes of the prisoner are to be considered. The superintendent may 
 excuse from housework prisoners of higher education and manner of life who have 
 not lost civil honors on account of dishonorable conduct. Prisoners can not be 
 emploj^ed outside the prison without their consent ( § 16 of Penal Code) . The decla- 
 ration is to be recorded, and holds permanently for the kind of work designated, 
 unless there are modifying circumstances. As a rule, the hours of work on workdays 
 will be at least ten and not more than eleven. A task must be done within these 
 hours as assigned, but completion of a task in less time does not free from further 
 labor. In exceptional cases the superintendent may shorten the hours and diminish 
 the task. Prisoners may be credited with reward for completed tasks and overtasks, 
 but not more in all than 30 pfennig a day. Only exceptionally may the superior 
 attorney of state permit a credit of one-third of the day's wages. Division of wages 
 is made by the superintendent for each task under these rules. No legal claim can 
 be made for such credits. Prisoners can control during the term one half the credit 
 for reward of labor, with consent of the superintendent. Over the other half they 
 have no control without consent of the superior attorney of state (or of the supervis- 
 ing commission, if such exists). In case of bad conduct the privilege may be with- 
 drawn for two months, and with consent of the superior attorney of state for a longer 
 time by act of the superintendent. 
 
 § 97. Those sent to jail for sentence, who are not condemned at the same time to 
 lose civil honors, may during their terms use their own clothing, underclothes, and 
 bedding, under the house rules, if these are suitable and suflBcient, otherwise they 
 are to be supplied by the institution. Prisoners whose sentence includes loss of civil 
 honors must wear the prison garb and use prison beds. 
 
 § 98. Those condemned to jail sentence are to be provided with food according to 
 the prison rule for diet. Such prisoners may provide their own food only when the 
 physician prescribes it and the prison diet is not suitable. Outside of cases permitted 
 to provide their own food such persons may not purchase other articles from without. 
 Jewish prisoners at Passover are permitted to enjoy ritual food and that furnished 
 by the church. But the administration is not to bear the cost. On such days these 
 prisoners are separated from others. 
 
 § 99. Those condemned to a long sentence may, when at least one year has been 
 served, and they have conducted themselves properly, be conditionally released. 
 (§§23, 26 of Penal Code.) 
 
 B. Treatment of those sentenced to simple incarceration (einfacher Haft) . — 
 § 100. Those condemned to simple incarceration (with exception of those who under 
 § 361, 3-8 of the Penal Code must serve a sentence of incarceration) can not be com- 
 pelled to labor. They are permitted to work in a way not disturbing to the order, 
 security, and purpose of the prison. Employment may be given them by agreement. 
 Self-employment may not be made dependent on a payment of idemniflcation. 
 
 § 101. They keep their own clothing, underclothes, and may use their own bed- 
 ding, so far as the articles they furnish are suflBcient, in order, and suitable; in other 
 circumstances the institution will supply their wants. 
 
 § 102. At their request they majr provide their own food under § 67. If they do 
 not choose to do this, or if the privilege is taken away on account of abuses, the 
 prison administration meets their needs. 
 
 C. Treatment of those condemned to aggfravated incarceration (gescharfter 
 Haft) . — § 103. Those convicted under § 361, 3-8 of the Penal Code may be required 
 to work at labor suited to their capacity and relations, under § 96, inside, and, so far 
 as they can be separated from free laborers, outside of the institution. Their employ- 
 ment outside the prison does not require their consent. They receive prison clothing 
 and bedding. Their food is furnished according to the diet list of the prison. They 
 are not permitted to supply their own food. Additional articles of food may only in 
 exceptional instances be procured. 
 
MODERN PRISON SYSTEMS. 9 
 
 Division V. — Special Regulations Relating to the Treatment op Civil 
 
 Phisonebs. 
 
 1 104. The rules governing the employment, clothing, bedding, and food of persons 
 "under simple incarceration sentences apply also to civil prisoners (§§100-102). 
 According to demand provision may be made for one or more better cells, with large 
 windows, furnished with bed, table, washstand, and chairs. Writing materials are 
 not refused to civil prisoners. Written communications are not inspected. Visits 
 without the presence of an oflftcer are premitted. The cleansing of cells, night vessels, 
 etc., will be cared for by the prison administration. 
 
 Division VI. — Special Regulations pok the Treatment of Prisoners in Transit 
 IN Charge of Police and Military Prisoners. 
 
 § 105. Prisoners in transit are to be treated as provisionally arrested persons, or 
 persons under trial, or prisoners serving sentence, according to the facts. Persons 
 arrested for safety or for delivery, being foreign, are police prisoners. Discipline 
 over them will be administered by the superintendent. Police prisoners are like 
 those adjudged to simple incarceration. Those adjudged to care of police boards, 
 after serving the judicially aggravated incarceration, until they are teken over by 
 the police board are to be treated as if in simple incarceration. The treatment of 
 military prisoners is according to military regulations. 
 
 Division VII. — Special Regulations for the Treatment op those Adjudqeii to 
 Incarceration in a Fortress whose Transfer to the Institution op Punish- 
 ment is not Completed. 
 
 § 106. The rules for civil prisoners apply here. The time for outdoor exercise is 
 increased, but not more than to five hours daily. Disciplinary measures are restricted 
 to those in § 58, 1-3, and 5. 
 
 GENESAI, REGULATIONS IN RESPECT TO THE CONDtTCT AND 
 ORDER IN THE PRISONS. 
 
 A. Reception op Prisoners. 
 
 § 26. Reception of a prisoner is made on the ground of a written order of a magis- 
 trate or of the State attorney. The reception of prisoners under sentence is upon the 
 gromid of a written order to receive from the board for executing sentences, the 
 reception of police prisoners on the ground of a written order of a police board. 
 Persons who are delivered by a public board or by oificers of the police or security 
 service may be received, but only provisionally, without written order if their con- 
 dition (drunkenness, filth, sickness, etc.) does not forbid. The superintendent is to 
 be notified at once in such cases. If, on the ground of an order of arrest, a warrant 
 of capture, a citation for punishment, or other occasion, a provisional arrest is 
 accepted, the board of execution or other authority will be notified immediately. 
 Persons brought for punishment, as a rule, will not be received except on work 
 days, and not before 7 in the morning nor after 6 in the evening. 
 
 § 27. The prisoner is to- be notified at his reception of the term for which he is 
 imprisoned. 
 
 § 28. Sick persons must at once be placed under medical care, and if they are not 
 sent to a hospital shall be kept in separate rooms. Persons with contagious diseases 
 are not to be received into the prisons. This holds of women with child if the con- 
 dition is in the seventh month, unless the reception is seriously required for execut- 
 ing the sentence. 
 
 §29. Prisoners are not permitted to bring their children into the prison. An 
 exception is made in the case of a suckling infant with the mother. If children are 
 brought under other conditions they may be held only until the police can take 
 them away. 
 
 § 30. Where the circumstances permit a separate cell is to be set apart for the first 
 entrance. The prisoners are to be carefully examined, person and goods, by an 
 oflScer, by the house father if such an officer is present. Female prisoners are exam- 
 ined by a woman guard or other suitable person. Where needful the prisoner may 
 be required to clean the person. During the incarceration (Haft) all superfluous 
 articles — ^money, jewelSj papers, orders and medals, extra clothing, and all instru- 
 ments which might aid escape — will be taken from prisoners. Whether clothing for 
 
10 MODERN PEI80K SYSTEMS. 
 
 head and feet and suspenders shall be taken away depends on the danger in the case. 
 Civil prisoners and others still possessing civil honors may remain in possession of 
 articles which persons of their social position need for their convenience. 
 
 § 31. Money and other articles taken from prisoners are to be recorded in a book 
 and a receipt signed by the person who made the examination. Money, valuable 
 papers, and jewels are to be delivered to the superintendent for further disposition. 
 He will decide whether the articles are to be delivered to the court or whether they 
 are of such trifling value that they may properly be kept in the prison. In the latter 
 case a record is made and the articles are kept in a proper room. * * * They are 
 to be protected from injury and theft. * * * The board for. executing sentences 
 is to be informed by the superintendent of the fact that the prisoner owns money or 
 other articles good for security. The superintendent must assure himself each month 
 that the articles are safely kept. If there is a fund for reward of work this inventory 
 is connected with the other. The result is recorded; the list is certified. In some 
 prisons the delivery of articles to the court is not usual. 
 
 § 32. A description of every person on trial and of everyone serving sentence must 
 be made within twenty-four hours after reception; the person serving sentence must 
 be in for more than a one-month term. Whether a photograph shall be taken is 
 determined by the judge, state attorney, or superintendent. Books are" to be kept 
 separately, after a lorm, for persons on irial, prisoners serving civil sentences, crimi- 
 nal sentences, or under police arrest. For prisoners on a term of one year the per- 
 sonal record must contain at least a certified copy of the sentence; description of 
 the person; list of disciplinary punishments; remarks upon previous punishments 
 and conduct. If the same prisoner is sent t ) serve a further term in another prison 
 the record shall be sent to that prison. 
 
 § 33. For every prison there shall be a set of regulations approved by the superior 
 attorney of state, which shall regulate the treatment of prisoners. Especially there 
 shall be thus set down the rules for rising and retiring, meal times and work hours. 
 Each prisoner on admission will be told the essential contents of the rules and be 
 informed that he will find a copy in his room. 
 
 § 34. For the assignment to rooms the following rules apply: I. Prisoners are to 
 be separated according to the kind of incarceration. Where the arrangement of 
 buildings compels persons of different classes to be kept in one building they shall 
 be assigned different rooms if possible; for persons on trial, prisoners under sentence, 
 with separation of those condemhed to prison, simple incarceration, and aggravated 
 incarceration (§ 361 of Penal Code), civil prisoners, police prisoners, prisoners con- 
 demned to fortress incarceration but not yet sent forward. II. Prisoners of different 
 sex must never be placed in the same cell. Where the arrangements do not permit 
 placing men and women in separate houses the women must be kept in separate cells 
 and all communication prevented. III. Prisoners under 18 are to be kept apart 
 from adults and all communication between them prevented. For serving terms of 
 over one month separate institutions or divisions are as a rule to be used. Youthful 
 offenders may thus be kept to the twentieth year and to end of term, if that does not 
 exceed three months more. 
 
 § 35. If these principles must be temporarily transgressed on account of crowding, 
 notice must be given at once to the superior attorney of state by the superintendent, 
 and if relief can not be found in the district notice shall be sent to the minister of 
 justice. 
 
 B. SoLiTAKY Confinement — Congeegate Confinement. 
 
 § 36. Persons on trial are to be separated so far as possible from other prisoners, 
 and conspirators as far as possible from each other in cells. 
 
 § 37. The i)unishment of imprisonment (Gefan^niss-strafe) may be wholly or par- 
 tially served in solitary cell. In such cases the prisoner is in a cell by night and day 
 entirely removed from other prisoners. Not more than one prisoner may be placed 
 in one cell. Prisoners may be kept from all communication during exercise outside 
 at worship, in school, and by all work outside of the cell. SoKtary confinement can 
 not be extended beyond three years without consent of the prisoner. The consent 
 must be recorded. Prisoners under 18 are not to be confined in a cell more than 
 three months without consent of the attorney of state. Sentences to incarceration 
 (Haft) may be served in a cell. 
 
 Solitary confinement.— §38. The superintendent decides whether the prisoner 
 is to be placed in solitary cell. Where the local conditions permit the term of sen- 
 tence shall begin with solitary confinement. This will be applied when (1) the 
 punishment does not exceed a term of three months; (2) when the prisoner is not 
 over 25 years of age; (3) when the prisoner has never served a sentence in the peni- 
 
MODEEN PRISON SYSTEMS. 11 
 
 tentiary, common prison, or in aggravated (^geschaerfte Haftstrafe) incarceration. 
 The wish of the prisoner who has not lost civil honors is to be consulted as far as 
 practicable. 
 
 Exclusion of solitary confinement. — §39. Solitary confinement is excluded 
 when there is danger to the physical or mental health of the prisoner. The superin- 
 tendent, in case the term is for more than three months, is to take the advice of the 
 physician. 
 
 Visits.— §40. Every prisoner must be visited daily several times by officers, and 
 monthly, at least once, by the superintendent and physician. 
 
 § 41. The cells for congregate imprisonment must have room for at least three per- 
 sons. Exceptionally two persons may be placed in one cell, especially if the health 
 of the prisoner requires it. The placing of adults and minors together is forbidden. 
 In congregate confinement the separation at worship and times of exercise out of 
 doors is not prohibited. During the night the prisoners must be separated as far as 
 practicable, unless the condition of particular persons makes it advisable to place two 
 or more together. When several persons are placed in the same room consideration 
 must be given to age, social condition, education, and the nature of the offense, as 
 far as may be. Prisoners who undergo sentence to simple incarceration or common 
 prison, so far as they still possess civil honors, and have not previously served a term 
 m the penitentiary, nor a sentence of more than two weeks m a common prison, nor 
 an aggravated incarceration, should be separated as much as possible from other 
 prisoners. 
 
 0. Closing and Security op Prisons — House Police. 
 
 Closing;. — § 42. The entrances to the prison buildings and courts, the doors which 
 confine entire divisions, as well as the doors of rooms in which prisoners are placed, 
 especially the doors to prison cells and the wicket in them, must be locked. Only 
 during exercise hours and when the rooms are cleansed, the guard being on duty, 
 may the door be left open. The stove and chimney doors are to be fastened after 
 heating. Keys must be carefully kept. They may never be left lying down, nor 
 may they be given to a prisoner, even so much as to carry to another officer. 
 Keys used only temporarily must be carefully locked up. The superintendent and 
 inspectors, or, if they do not reside in the prison, the guard who resides there, keep 
 a master key to the prison, of which use may be made only in urgent caaes, as fire 
 or serious danger. In every prison the superintendent organizes service to extinguish 
 flres. 
 
 § 43. Ladders or other objects which might be used for climbing or escape may be 
 used in the courts only with strict care. Fire ladders and hooks must be locked up. 
 
 §44. The guards must daily assure themselves that the window gratings, locks, 
 roofs, walls, floors, stoves, and utensils are uninjured, and that nothing suspicious is 
 to be found in the straw sacks and corners of the prison. They must examine the 
 clothing of the prisoners with the same object, and if the persons are chained must 
 see that chains are sound. For inspection of cells the hours of freedom are to be 
 used. The guards must see at night when the prisoners are shut in, and in the morn- 
 ing when doors are opened, that the prisoners intrusted to them are all present. In 
 the workshops the implements must be laid upon the worktable after end of work, 
 and their number and kind noted according to the inventory. From prisoners at 
 work in their cells the tools must ordinarily be taken away after work. Prisoners 
 temporarily out of the prison upon return must be examined. 
 
 § 45. Free laborers and persons delivering wares within the prison are to be care- 
 fully watched to avoid unlawful communication with prisoners. All intercourse with 
 the outside world, especially with persons of the neighborhood, is to be prevented 
 with care. 
 
 § 46. Prisoners known to be dangerous, or described as such, and those intended to 
 be sent away are to be given special care. Those who are dangerous may be chained 
 at night or their clothing taken away. If the measure touches a person on trial his 
 judge is to be notified and his consent gained. 
 
 § 47. Prisoners who disturb order and heed not the, warning of the guard may be 
 at once placed in an arrest cell, in which case notice must at once be given to the 
 superintendent or judge. 
 
 § 48. For temporarjr control of actual violence and to secure the prisoner, when 
 other means fail, chains and strait-jacket may be employed. Chaining is also per- 
 missible in case prisoners are to be transported or brought before a court. This is to 
 be admitted by superintendent or judge only when, after careful inquiry, it seeros in 
 the individual case indispensable. 
 
12 MODEKN PRISON SYSTEMS. 
 
 §49. In respect to unusual events in the prison, as attempts at escape, flight, 
 assaults, serious vicious treatment, and wounds, suicide, attempts at suicide, discovery 
 of conspiracy or of dangerous- tools in possession of prisoners, fire, accidents, and the 
 like, the superintendent is to be notified at once. 
 
 Rules of Conduct fok Peisonees. 
 
 1 50. Every prisoner must obey the rules of order and special regulations of the 
 prison, the orders of all prison officers and guards, and be careful to behave himself 
 politely. All singing, whistling, crying, shouting, is forbidden with penalty. All 
 acts of violence among prisoners will be punished. With other prisoners may no 
 prisoner have communication by writing or signs, knocking, etc. 
 
 § 51. Without permission may no prisoner leave the room assigned him, nor his 
 place at work, table, or elsewhere. If several prisoners are taken out together they 
 shall march in pairs or singly and avoid all crowding. Flight and attempts to escape 
 are serious offenses against the order of the prison and will be severely punished. 
 
 § 52. Playing cards, dice, and the like games, and the use of distilled liquors, are 
 forbidden. The same holds of smoking or chewing tobacco or snuff taking, unless 
 exceptions are permitted on special grounds by the superintendent. 
 
 § 53. All financial transactions of prisoners, especially trade in clothing and food, 
 receiving and giving presents, and lending or borrowing, either with each other or 
 with officers, is prohibited. It is forbidden the prisoners, except by permission of 
 the superintendent, to receive anything from visitors. 
 
 § 54. The prisoner must, in the morning as soon as the signal is given, rise at 
 once, make his bed, wash his face, neck, and hands, comb his hair, brush his clothes, 
 and dress himself. At night he must hang his clothes in the proper place and lie 
 down without his clothing. 
 
 § 55. The prisoners are required, unless excused by the superintendent, to keep 
 their cells and furniture clean. 
 
 § 56. The prisoner must refrain from injuring or soiling the room where he is 
 confined, or the furniture. He must handle his clothing, bed, work materials, and 
 tools carefully and guard himself against bad temper, obstinacy, or heedlessness. 
 For all injuries recompense must be made. For injuries done by the prisoner in 
 attempts to escape, upon walls or ramparts or other parts of the building, or through 
 his vicious or ill-tempered acts, the amount credited to reward of work will first be 
 drawn on for restoration. 
 
 Requests and cotuplaints of prisoners. — § 57. Requests and complaints of pris- 
 oners are to be brought to the notice of the guards by the inspectors. If they can 
 not at once be disposed of, or if they affect the inspector himself, they are to be laid 
 before the superintendent. Requests and complaints may also be laid before the 
 superintendent or inspectors immediately. Every complaint must be brought by 
 the inspector in urgent cases at once, and generally within twenty-four hours, to the 
 attention of the superintendent by the inspector. Repeated complaints from frivolity 
 or ill temper shall be punished. 
 
 Couununication of prisoners with, the outside world. — § 79. Persons who are 
 not officially employed in the prison shall not communicate with outside persons 
 without express permission. There must be inquiry whether there is any ground 
 for suspicion against a peison who seeks to visit a prisoner. Permission is granted to 
 persons on trial by the magistrate, and to others by the superintendent. As a rule, 
 each prisoner inay receive one visit a month from relatives, and in special cases from 
 others. Prisoners of good conduct may be permitted to receive visits at shorter inter- 
 vals. Visits shall not usually be in cells, but in an office or room set apart for the 
 purpose. Exceptionally, sick persons maybe visited in the infirmary. Conversation 
 of visitors with persons on trial must be in hearing of the magistrate or of his repre- 
 sentative; with prisoners on sentence only in hearing of a prison officer; and in both 
 cases in a language understood by the official. In particular circumstances the super- 
 intendent may permit visits without a witness. Any abuse of the privilege results in 
 the immediate removal of the visitor, and the prisoner may afterwards be deprived 
 of receiving other visits. The attorney of a person on trial may consult him; the 
 superintendent decides as to time and place. So long as the principal process has 
 not yet begun visits are permissible only after the judge has decided whether a repre- 
 sentative of the court must be present. 
 
 § 80. Written communication is permissible to persons on trial, with permission of 
 the jud^e, and with persons convicted by consent of the superintendent. Letters 
 coming in or going out must be laid before the judge (in case of persons on trial) 
 and before the superintendent (in case of other prisoners); must be stamped with 
 approval, and letters without postage are to be refused unless the prisoner has means 
 
MODEBN PRISON SYSTEMS. 13 
 
 and agrees to pay. Letters may be forwarded only when approved by the official 
 chained with examining them. If a person on trial wishes to send a letter sealed to 
 the judge, he may do so according to a form, and the judge then decides whether it 
 shall be seen by the superintendent. No prisoner shall be furnished writing mate- 
 rials without approval of superintendent. Persons on trial may have means of 
 writing, but must be carefully watched. 
 
 Incomingletters are kept by persons on trial only by permission of the judge, and 
 those for prisoners on sentence with consent of superintendent. If consent is refused 
 the letters, after they have been read, shall be taken from the prisoner and preserved 
 for him till his discharge, while persons on trial may first seal them. Letters 
 approved for delivery are to be given to persons on trial as quickly as practicable. 
 While further permission may be granted, the rule is that only once in four weeks 
 may a prisoner under sentence receive or send letters. More frequent letters and 
 objectionable ones will not be distributed. If a letter or parcel is not delivered the 
 fact and reason will be told the prisoner. Permission to receive or send letters 
 may be withdrawn if it is abused. Permission to address communications to a court, 
 state attorney, and board of supervision is not subject to above limitations. Such 
 communications will not be withheld, and those to other boards only if they contain 
 contents which are abusive or actionable. A person on trial may communicate with 
 his counsel. So long as the principal process has not begun it remains with the 
 judge to decide whether communication may be permitted without examination of 
 contents by the judge. In general, the person on trial shall not be subjected to 
 further restrictions than are necessary for the purposes of the incarceration and the 
 order of the prison. 
 
 § 81. All official communications to a prisoner are delivered in presence of a prison 
 official. 
 
 Disciplinary Punishments. 
 
 §58. As disciplinary punishments are permissible: (1) Reprimand; (2) with- 
 drawal of privileges permitted by the regulations; (3) withdrawal of books and writ- 
 ing materials for four weeks; (4) cellular confinement, withdrawal of work for one 
 week at most; (5) withdrawal of right to exercise in open air for one week; (6) with- 
 drawal of bed, for one week as maximum; (7) reduction of food in one of these ways: 
 (a) withdrawal of bread at breakfast, dinner, or supper; (b) withdrawal of soup at 
 breakfast, dinner, or supper; (c) withdrawal of meat; (a) withdrawal of meat, in 
 addition to withdrawal of soup and of bread either in the morning or noon or even- 
 ing; (e) restriction of food to bread and water; (8) solitary confinement (arrest) up 
 to the limit of six weeks. The means, 1-7, may be employed alone or in connection 
 with each other. Solitary confinement may be intensified by: (a) AVithdrawal of 
 privileges granted by the house rules; (6) withdrawal of books and writings; (c) 
 of work; (tZjofbed; (e) reduction of food; (/) darkening of cell. Intensification of 
 punishment may be by one form or by several in connection, for the entire duration 
 or for a part of the term, except that intensification by darkening of cell may not be 
 prolonged over four weeks. If solitary confinement continues longer than one week 
 the forms of intensification (d, e, /) are to be omitted on the fourth, eighth, and after- 
 wards on the third day. Intensification of solitary confinement by darkening cell is 
 forbidden in case of prisoners who are under 18 years of age. But the same disciplin- 
 ary raeasures used in the common schools for persons of the same age and sex are 
 permitted. 
 
 Method of discipline. — §59. The assignment of disciplinary punishment, after 
 hearing the prisoner, is the duty of the superintendent, board of supervision, or, in 
 case of persons on trial, the judge or the court. Usually the punishment will be 
 inflicted forthwith. Competence is determined with reference to a prisoner under 
 sentence according to the time and place of the trespass. So far as measures not 
 mentioned under §58, 1 (under 1-4), the physician must be informed that he may 
 give his opinion to the superintendent. The infliction of a disciplinary punishment 
 must be recorded in a book. The prisoner may enter objection to the punishment, 
 but not on that account will it be delayed. 
 
 Industry. 
 
 § 71. Useful work is to be introduced into every prison. It may be permitted to 
 individual prisoners to work at other than the customary occupations of the place. 
 The superintendent decides in each case. Work not consistent with health and 
 order shall not be introduced nor permitted. Employment at writing or accounts 
 shall not be permitted unless the prisoner is in a solitary cell and the work does not 
 
14 MODERN PRISON SYSTEMS. 
 
 threaten the good order of the prison. Work which is connected with the personal 
 relations of prisoners and officers shall not he imposed on prisoners. Consideration 
 must be had in the selection of tasks to the health, capacity, education, calling, 
 and future prosperity of the prisoner. Regularly a certain amount of labor must be 
 fixed and its performance watched. If the work is neglected punishment must 
 follow. The work assigned youthful offenders must be educational in character; 
 All clothing, bedding, and other articles of use in the prison, and raw materials 
 when possible, shall be prepared by labor of prisoners. Household work for the 
 prison must be done by prisoners. So far as possible the regular industries of the 
 prison shall be for State uses. Where this is not possible private industry shall be 
 protected as far as practicable. The work shall be divided among many trades and 
 paid for by piece price or day wages. Underbidding of free workmen must be 
 avoided, the special conditions of prison labor being taken into account. 
 
 § 72. Prisoners may be employed outside, especially upon public works, but they 
 must be kept separate from free workmen. (§16 of Penal Code.) Forest and 
 agricultural labor may be considered, if the purpose of punishment is not hindered. 
 
 § 73. How far compulsion to labor and how far voluntary participation in employ- 
 ment is decided by §§ 92, 96, 100, 103-106. 
 
 § 74. Any person who works under the prison officers must obey the regulations. 
 Workmasters of managers from outside may be admitted only under the regulations 
 of the prison service. 
 
 § 75. On Sundays and Christian holidays work ceases. Prisoners of the Jewish 
 faith can not be required to labor on the Sabbath or on one of the following holidays: 
 Purim, Passover, Feast of Weeks, Feast of Atonement, Feast of Tabernacles. But 
 such persons may work on Christian holidays if the work does not cause disturbing 
 noise. 
 
 § 76. Prisoners not required to labor may work at occupations permitted by the 
 superintendent. Exceptionally, prisoners who have been used to mental employ- 
 ment, are in possession of civil honors, and have not served a penitentiary sentence 
 may, by permission of the superior attorney of State, employ themselves on their 
 own account. This consent is liable to recall, and an equivalent may be required. 
 The product counts as reward of labor. Self-employment which disturbs order is 
 not permitted. Self-employment is under the direction of the superintendent of the 
 prison. 
 
 § 77. The product of the labor required or permitted fiows into the State fund. The 
 product of employment of a prisoner on his own account is his own, so far as he is 
 not required to pay an equivalent. 
 
 Health — Regulations Pertaining to Household Affairs. 
 
 Order and cleanliness. — §60. The rooms of the prison are to be designated by 
 numbers in order. On each door of cell or hall must be affixed the number and the 
 contents (cubic meters). By the letters U. S., C, and P. is to be made known that 
 in the cells are found persons on trial, under sentence, civil or police cases. Inside 
 the cell is a table with the name of the prisoner and the day of admission into the 
 prison, and, in case of prisoners for punishment, the day of release and the act for 
 which he is sentenced. The division of the prison into divisions must be made 
 when possible. In all rooms order and cleanliness must be maintained. The prison 
 cells, work, and sleeping rooms are to be scrubbed once a week. Marks of injury 
 and defilement of walls are to be removed as quickly as possible. Adequate ventila- 
 tion of rooms must be secured. The night vessel is to be carried out and carefully 
 cleansed daily, the closet once a week, and the night vessel daily disinfected. 
 
 §61. All the utensils, tools, materials for work, books, clothing, bedding, etc., 
 intrusted to prisoners must be carefully kept. The dishes for eating and drinking 
 must be always clean. 
 
 § 62. The prisoners are to be bathed as often as required. Hair and beard will be 
 cut as often as necessary, but shall not be changed in appearance more than is 
 necessary for cleanliness and neatness. Prisoners on trial are not to be changed in 
 appearance. Those under sentence of more than one week to prison or incarcera- 
 tion (Gefaengniss or Haft), so far as they desire or cleanliness demands, are to 
 be shaved once a week. No prisoner shall have a razor without express permission. 
 
 § 63. The underclothing and the towel given each prisoner are changed weekly, the 
 bed clothes monthly. The ticks are to be repaired or refilled as required. Under- 
 clothing and bed clothes must be washed before being used again by another pris- 
 oner. Beds are to be removed from a cell during the day if occapied day and night, 
 unless the bed can be fastened up to the wall. ' 
 
MODERN PRISON SYSTEMS. 15 
 
 Clothing. — § 64. Prisoners have a uniform house suit given by the administration 
 of the prison when they are not permitted under the regulations to furnish their own 
 clothing. In outside work the house uniform is always to be worn. All further 
 matters are regulated by the house ordinances. Each prison must keep an adequate 
 supply of garments for those who are not permitted to wear their own clothing. 
 Clothing not in use must be kept in a well-aired room. Worn garments must be 
 cleansed and repaired before they can be given out again. The superintendent is 
 required to examine' the clothing, and he alone can declare garments unfit for use. 
 Articles of dothing taken from a prisoner at admission, so far as necessary, shall be 
 cleansed, ticketed, and kept safely in a well-ventilated room, to be handed over to 
 the prisoner at his discharge. Prisoners who furnish their own clothing shall not 
 usually be permitted to have more than one suit at a time at their disposition. 
 Washing of clothing of prisoners shall be done only through the medium of officers. 
 
 Beds.— § 65. Each prisoner has a separate bed. As a rule all prisoners must use 
 the beds provided by the institution. A prisoner may sometimes obtain the permis- 
 sion of the superintendent to furnish his own bedding. 
 
 Food. — § 66. Food is furnished either by the administration of the prison at State 
 cost or by the prisoner himself at his own cost. The food must be such that the 
 working efficiency and health of the prisoner shall not suffer. Work may be 
 adapted to the individual prisoner, but must be uniform in other respects. Whether 
 exceptions may be made on grounds of health the superintendent decides, on advice 
 of physician. 
 
 §67. Whether a prisoner may be permitted to supply his own food is decided 
 according to §§ 94, 98, 102, 103, 104-106. Food supplied at cost of prisoners must be 
 furnished by an authorized dealer according to regulations made by the superin- 
 tendent. If a judge exceptionally permits food to be brought from without it must 
 first be inspected. Baked goods must be cut through. If food is supplied to Jewish 
 prisoners the articles may be prepared with respect to the rules of food recognized 
 by the Jews. Such food may not go beyond moderation. Spirituous liquors are 
 altogether prohibited. 
 
 § 68. In each prison there will be exhibited a list of articles of food which may 
 be purchased out of the labor-reward fund of the prisoner in addition to that fur- 
 nished, and the prices shall be shown. The sale of these articles is limited to the 
 officers of administration. The written permission of the superintendent must be 
 had in each case. The price list shall be posted in every cell. 
 
 Heating and lighting. — § 69. The rooms must be warm enough to protect 
 health. Before locking up, the guard must be sure that fire in the furnace and 
 kitchen is extinguished. 
 
 § 70. In the night, rooms which have 12 or more inmates shall be lighted, and 
 also stairs and corridors while it is dark. Prisoners of good behavior may be per- 
 mitted to have light up to 10 o'clock. The superintendent decides further ques- 
 tions on the subject. Heating appliances in cells are not as a rule permitted. 
 
 Exercise in the open air. — §78. All sound prisoners who are not employed in 
 court, or garden, or labor outside, or are not in arrest, are to be given at least a 
 half hour of exercise out of doors daily when practicable and the weather permits. 
 They must then be constantly watched. Persons under trial are also to be given this 
 privilege, but they must not mingle with other prisoners. This exercise must not be 
 before dayli^t nor after dark, nor on hot summer days between 11 and 2 o'clock. 
 
 Sickness, births, and deaths. — § 85. Sickness. — When sickness occurs the physi- 
 cian is to be informed, or in urgent cases one from outside may be called. Where 
 the circumstances are serious the superintendent is to be informed, and if the person 
 is on trial, the judge. The police board is to be informed, according to health regu- 
 lations, of the presence of communicable disease. Persons on trial, with the consent 
 of the judge, and' prisoners under sentence, with that of the superintendent, may at 
 their own cost employ a physician from outside. Sick prisoners are to be treated in a 
 large and well-ventilated room, by preference one set apart for an infirmary. * * * 
 The orders of the physician are to be carefully followed, and the watchmen are to 
 see that the orders are observed. The medicines ordered are to be recorded in a 
 book. * * * Only when his condition requires may a sick prisoner be sent 
 to a hospital outside, designated by the superior attorney of state. The board of 
 executing sentences shall be informed of such order. Women approaching dehvery 
 shall be placed in a public maternity hospital or let go free temporarily. If a pris- 
 oner when taken to a hospital is not at once freed from incarceration, in respect to 
 which each case shall be considered thoroughly, then the superintendent must 
 inform the hospital when the prisoner ceases to be under the charge of the court 
 (§ 87) . In case of sick prisoners the principles of § 34 governing separation are not 
 applicable. 
 
16 MODERN PEISON SZSTBM3. 
 
 § 86. Births and deaths are to be reported to the registrar according to law. * * * 
 A child bom in prison is to be given over to the family or to the police board of the 
 place for care as soon as practicable. Sickness of a dangerous character is to be 
 made known at once to relatives. With notice of death the family is to be asked 
 whether they will within twenty-four hours or bo care for the burial. The body is 
 to be delivered to them if requested. If they do not attend to burial within the 
 time given the body will be given to the local police board. The superintendent 
 must ^ive notice to the police board where the prisoner lived and to the board for 
 executing sentences in case of death. 
 
 Education and Eeligion. 
 
 Beligious service — ^Instruction — Heading. — § 82. No prisoner shall be refused 
 interviews with a clergyman of his faith. For all prisons which contain at least 10 
 prisoners, on the average, of the same Christain faith, provision must be made for 
 appointing a religious teacher and for regular service. As a rule, prisons with num- 
 bers not exceeding 50 of the same faith shall have service once in four weeks, with 
 larger prisons once in fourteen days, and prisons which have their own clergyman 
 once a week. When this is not practicable devotional exercises may be substituted. 
 Also in the smaller prisons thought shall be given to the spiritual welfare of prison- 
 ers as far as can be done. Persons on trial, with exception of those merely arrested 
 on suspicion of a trespass, may be admitted to the public service only by permission 
 of the judge. Prisoners under sentence are required to attend services unless they are 
 sick or are excused by the superintendent on particular grounds. Civil prisoners are 
 free to attend or remain absent. Participation in the ecclesiastical means of grace is 
 to be accorded prisoners, but no compulsion may be used. Jewish prisoners on their 
 Sabbath and on Jewish holidays may hold suitable devotions in a room set apart. 
 
 § 83. In institutions for youthful offenders all receive religious instruction and 
 instruction in the branches of knowledge taught in the public schools. Whether a 
 school shall be provided for a prison of adults shall be decided in particular cases by 
 the minister of justice. All under 30 years who require instruction are required, as 
 a rule, to attend. Older prisoners may be a;dmitted on their request. 
 
 § 84. In every cell must be placed a Bible or Testament or suitable book of devo- 
 tions. Also other religious and instructive books must be provided. The books will 
 be given with reference to the needs of the individual prisoner and in part to his 
 expressed wishes. In rooms where several prisoners are confined provisions may be 
 made for reading aloud during free time. The guard must see that the books are not 
 injured. Prisoners who are undergoing jail sentence or aggravated incarceration may 
 take books only out of the institution collection. In exceptional cases the privilege 
 may be extended by the guard. Other prisoners may have other books and publi- 
 cations, and, if in cells alone, newspapers as exception to the rule. Permission is given 
 by the superintendent. 
 
 Cabe of Discharged Prisonehs. 
 
 Discharge of prisoners — Transfer to another establishment — Suspension 
 and division of the execution of sentence. — §87. The discharge of persons on 
 trial may occur only on written order of the judge or state attorney. Before the 
 end of sentence no prisoner may be discharged except by special order. In the order 
 the reason for discharge or transfer shall be noted. After expiration of the term 
 of sentence prisoners under punishment are to be discharged without special order. 
 To this end the term is to be recorded in the calendar. A day is reckoned twenty- 
 four hours, a week seven days, and the month or year according to the calendar. 
 In punishments of reclusion the term begins with entrance into the prison, unless 
 some other terminus is named in the order. Time spent in a hospital, unless release 
 from incarceration is ordered at the same time, will be counted part of the term of 
 sentence. The other course can be only by judicial order. (Code of Penal Proce- 
 dure, § 493. ) The inspector and superintendent are required to see that a prisoner 
 does not stay longer than the term fixed in the sentence. If the end of the sentence 
 expires between 6 p. m. and 7 a. m., then the release must be on the previous even- 
 ing at 6 o'clock. The prisoner may be permitted to remain until morning on his 
 request. This rule is applicable to persons on trial and civil prisoners. The super- 
 intendent may consider the railroad connections in fixing the time of discharge. 
 The notice of discharge must be in writing. In case of civil prisoners who are con- 
 fined on demand of a creditor, it must be considered that their release may occur: 
 
MODERN PRISON SYSTEMS. 17 
 
 when the creditor requests it; when the security for expenses is exhausted; when 
 the confinement has reached six months. Prisoners held on ground of § 361, 1-3 of 
 the Penal Code, to serve sentence, as well as those under police supervision, are to 
 be notified to the police in good time before discharge. * * * These prisoners 
 receive a certificate showing what offense had been charged, the term served, and 
 the conduct in prison. If the person is a proper subject of police supervision this 
 fact is to be entered in the certificate. Such a certificate is to be given other pris- 
 oners if they request it. Youthful offenders who are released on the order to trans- 
 fer thern to a reformatory or educational institution (§56, Penal Code) shall be made 
 known in good time to the police board. Dangerous insane persons are to be made 
 known to the police board. At discharge the person is to receive his own clothing, 
 cash, and other articles, and his share of the labor fund, and he shall receipt therefor. 
 Prisoners must be clothed in such a manner as is required by the season of the year, 
 health, and propriety, and if they are transferred to another institution the length 
 of travel must be considered. 
 
 § 88. In the discretion of the superintendent, the money not needed for transpor- 
 tation which remains to the credit of the person shall be sent to a police board or a 
 society for aiding discharged prisoners, to be handed him as required. * * * 
 
 §89. If persons on trial or prisoners under sentence are to be transferred, the 
 physician must examine them and certify that they are able to travel. If the pris- 
 oner has been some time in the institution without showing signs of sickness this 
 examination may be omitted. In this case the superintendent decides. If there is 
 doubt, or if the prisoner thinks he is not able to travel, then the physician shall 
 make an examination. When a prisoner is delivered for transfer a certificate must 
 accompany him that he is free from vermin and infectious disease. 
 
 § 90. Neither the superintendent nor any other oflBcer of the prison administration 
 has power to decide in respect to the suspension or division of the sentence or the 
 release of a prisoner. 
 
 BAT ARIA. 
 
 [Regulations for the service of the judicial prisons (Gerichtsgefangnissen) in the 
 Kingdom of Bavaria, Munich, 1883. Extract from the law of August 18, 1879, for 
 the execution of the Imperial Code of Criminal Procedure.] 
 
 ORGANIZATION. 
 
 III. Division — Execution of Punishments and Consequences op Sentence. 
 
 Art. 23. The penalties of incarceration in Bavarian prisons, when the convict has 
 to remain more than three months in confinement, shall be carried out in institu- 
 tions specially built for the purpose, and otherwise, keeping article 25 in mind, in 
 judicial prisons of the country. But if the term of sentence does not exceed eight 
 days it may be carried out in a local prison (Amtsgerichtsgefiingniss). 
 
 Art. 24. The places of fortress incarceration shall be determined by regulations. 
 
 Akt. 25. The separate punishment of youthful offenders, under section 57 of the 
 Imperial Penal Code, must occur in special prisons built for the purpose, when a 
 prison penalty is fixed and is set for more than one month. For executing sen- 
 tences of shorter duration an'S. in fortress confinement or simple detention, youthful 
 persons are to be kept in separate rooms. The preceding rules are applicable also 
 when a person who at the time of the deed was not 18 years old has been condemned 
 to deprivation of liberty on the ground of some act against the existing law of Empire 
 or Kingdom aside from the code. 
 
 Akt. 26. All punishments which deprive of freedom, which are not to be served in 
 penitentiaries, or in respect to which there is no regulation in the preceding articles, 
 are to be executed in local prisons. 
 
 Art. 27. The treatment of prisoners, so far as not determined by the Penal Code 
 of the German Empire, is regulated by the house orders. The house orders are 
 issued for the penitentiaries, common prisons, and for fortress incarceration, by way 
 of instructions, for the district and magistrates' courts by the minister of justice. 
 
 Corporal punishment is excluded from the means of discipline in all places of pun- 
 ishment and prisons. The chaining of a prisoner is permitted only in case of special 
 danger of fiight, disobedience, or on similar grounds, by tne superintendent of a 
 place of punishment, when ordered by the ruling board oi me institution or prison. 
 
 H. Doc. 452 2 
 
18 MODEEN PRISON SYSTEMS. 
 
 [Extract from the order of the King, August 23, 1879, regarding the execution of the law of February 
 23, 1879, in the law of the imperial court constitution.] 
 
 Personnel of service. — §27. The personnel of service consists, in case pf state 
 courts, of an adequate number of watchmen and messengers; in the magistrates' 
 courts, a servant of the magistrate. 
 
 § 28. A prison guard is appointed for each state court prison. The duty of a prison 
 guard devolves upon the servant of the magistrate in the prisons of the magistrates' 
 court. In the prisons of magistrates outside the seat of the magistrate court, as also 
 in the prison of the magistrate's court in Munich, a servant of the magistrate court 
 will be appointed as prison guard. 
 
 § 30. The appointment of prison guard is made by royal orders, as also of servants 
 of the magistrates' court. They are appointed subject to recall. We propose to 
 permit suitable contributions for support, under provisions of the rules of service, for 
 prison guards who have become incapable, of service through age, sickness,^ and 
 weakness, and to the servants of magistrates' courts, when they have served satisfac- 
 torily, as well as to their widows and orphans when they have not sufficient property 
 of their own. 
 
 § 31. The yearly salary of the prison guards in the prisons of state courts is 900 
 marks; that of the servants of the magistrates' courts, in two classes, 810 and 
 900 marks. * * * The prison guards of state court prisons, and those servants of 
 magistrates' courts who are appointed prison guards, receive rent free. For supplying 
 the wants of the prisoners the prison guards of the state court prisons and the 
 servants of the magistrates' courts receive a regular fee. 
 
 §33. The prison guards wear as official uniform (and also the servants of magis- 
 trates' courts) a dark-blue coat with standing collar and two rows of. white metal 
 buttons, and a dark-blue cap with visor. 
 
 § 34. In the magistrates' courts the servant of the magistrate may employ a suit- 
 able number of assistants, with consent of the superior magistrate who supervises 
 the service, the servant of the court being responsible for the conduct of his aids. 
 The employment of assistants may be recalled. * * * The employment of aids 
 to the prison guards in the state court prisons is under our regulations of the min- 
 ister of justice. 
 
 [House regulations for the prisons of courts, April 10, 1883. Royal state ministries of justice, of the 
 
 interior, and of finances.] 
 
 I. Regulations Relating to the Organization of the Prisons of Courts. 
 
 Purpose of prisons of courts. — § 1. The prisons of state courts and of magis- 
 trates' courts serve (1) for the reception of jiersons detained for examination, to 
 whom belong, in the meaning of these regulations, also those persons who are pro- 
 visionally arrested; (2) for executing penalties of commitment to prisons or durance 
 (Haft), as well as for executing sentences or arrest by civil boards against persons 
 on parole; (3) to execution of arrest for compulsion and security, and of the durance 
 ordered according to § § 178, 182 of the law of organization of courts, of civil arrest, 
 as well as of similar disciplinary punishments (civil durance). The prisons of the 
 courts of magistrates will additionally be used according to existing rules for the 
 reception of persons taken in charge by police, and for temporary shelter of prison- 
 ers who are transported. 
 
 §2. The prisoners on trial from the courts of magistrates and justices, those of the 
 prisoners on trial against whom the public charge has not been removed or who 
 must still come before the magistrate for preliminary hearing, and prisoners brought 
 before magistrates, are received in the prisons of magistrates' courts. For reception 
 of the other prisoners on trial the provincial court prisons (Landesgerichtsgefaeng- 
 nisse) will be used. * * * 
 
 Officers and assistants. — §3. The administration in the prisons of courts will be 
 in charge of the director of the prison and carried out by the prison guard and his 
 assistants. In this definition the manager of the prison is counted among the guards. 
 
 § 4. The affairs of direction belong to the first attorney of state in reference to the 
 prisons of state courts and those which are at the same time courts of magistrates, 
 and in case of the prisons of magistrates' courts which are also used as provincial 
 courts the superior magistrate will direct. 
 
 § 5. The director is charged with the duty of conducting and supervising the entire 
 service of the prison. He issues the necessary instructions for carrying out the house 
 regulations. 
 
 § 6. The director is required to see to it that the regulations of the houses are carried 
 out, tnac tub treatment of the prisoners screes with the law and the purpose of the 
 
MODERN PEI80N SYSTEMS. 19 
 
 incarceration, and that especially in the execution of the penalties which deprive of 
 freedom, so far as consistent with its mode and duration, the furtherance of moral 
 welfare and habituation to industry shall be promoted. He supervises the division 
 of prisoners in the rooms used for confinement. He receives a daily report of the 
 prison guard. Important events are reported to him immediately. He is to visit 
 the prison at least twice a month at unexpected times. A record of visitations and 
 instructions given ia to be kept. 
 
 § 7. The director is to take measures that the supplies of articles of use purchased 
 at cost of the state shall be economically managed, that all materials for industry be 
 carefully supervised and handled, and that the accounts of the guards are in proper 
 order. He gives orders in respect to inventories of goods from time to time, and to 
 repairs and additions of tools and utensils, clothing, and other needed articles. 
 
 § 8. The director is required to give notice to the superior counsel of state (Ober- 
 staatsanwalt) in respect to important events, as escapes, mutiny, suicide, contagious 
 diseases, and urgent needs of buildings. In case of anything important happening 
 to a prisoner the director is to give information to the board at whose order the 
 prisoner is confined, xmless the guard is required to give immediate notice himself. 
 
 § 9. In those prisons of courts of magistrates which also serve permanently as aux- 
 iliary prisons for the provincial courts, the first attorney of state has the right to 
 control the service. The necessary instructions in relation to service and order of 
 the household will be formulated by the director in agreement with the first attorney 
 of state. This latter officer must at least once in each quarter visit and inspect the 
 prison. The presentation of the recommendations of the director to the superior 
 attorney of state is made through him. 
 
 § 10. For the provincial court prisons and for those prisons of magistrates' courts 
 which serve as permanent auxiliaries of the provincial prisons special guards are to 
 be appointed. In the other prisons of courts of magistrates the service of the prison 
 guard is performed by a servant of the court of the magistrate. * * * 
 
 § 11. (Provision for a substitute of the warden.) 
 
 Duties of the prison keepers (Geffijigniss'warter) . — § 12. ( 1 ) The reception and 
 release of the prisoners, decisions respecting the division of them in various rooms, 
 and preparation of transport of the prisoners; (2) locking of the outer entrances to 
 the prison, and of the halls and rooms; (3) immediate supervision of the prisoners; 
 (4) care of cleanliness of the rooms, of the prisoners, clothing, and all furniture; (5) 
 care for the employment of prisoners, acceptance of orders for labor and of materials 
 used in labor, delivery of finished products and management of earnings; (6) execu- 
 tion of house orders; (7) care of sick convicts; (8) preservation of articles brought 
 with the prisoner or given for him; (9) administration of the household and industry 
 of the institution ; (10) making of iuventories of utensils, clothing, and tools; (11) 
 direction of accounts, records, lists, reports, and recommendations. So far as the 
 required orders and services are not at the direct expense of the state, the keeper 
 must provide for them out of the indemnities fixed by law. 
 
 § 13. Where there are assistants they will be employed with greatest advantage in 
 matters mentioned in § 12. The warden assigns tasks and supervises their execution. 
 He can employ them also in connection with his other duties. Where the warden 
 is not present the assistants can do what is necessary and report. 
 
 § 14. Hours of labor of assistants are not fixed. Enough force must always be pres- 
 ent to perform the duties. Assistants may not absent themselves from the institution 
 without informing the director, and he must know where they may be found, if out- 
 side. During the night the assistants who reside in the prison buildings may not be 
 absent from them without permission of the warden. 
 
 § 15. The prison assistante must conduct themselves in a sober and moral manner, 
 must perform their duties with fidelity, industry, and order, and must be careful to 
 further the objects of the prison in the sphere assigned them to the best of their 
 powers. To this end they should seek to become familiar with the kinds of work 
 carried on in the prison. In all their duties they must observe silence. They must 
 obey the orders of the superior officer promptly. In relation to each other they 
 must be peaceful and ready to help each other. 
 
 § 16. Conduct in relation to prisoners: To these the officers must maintain a sober, 
 earnest, but upright and friendly demeanor. In the treatment of prisoners the indi- 
 viduality, education, and civil position of the person must be considered. Partiality 
 is strictly forbidden. All private communication of assistants and prisoners is for- 
 bidden. Especially under no pretext may an officer enter into transactions of buying, 
 selling, lending with prisoners, nor receive any present from them. Nor may they 
 employ the prisoners to their own advantage. 
 
 § 17. The prison warden is responsible for disturbance of the order of the house 
 which may be occasioned by members of their families, servants, or persons who come 
 
20 MODERN PRISON SYSTEMS. 
 
 to visit them, or their relatives. They must see to it that no one belonging to their 
 families have any intercourse with prisoners. The employment of servants or mern- 
 bers of families in the institution is forbidden without consent of the director. It is 
 permitted the wardens in prisons where assistants are not provided to employ mem- 
 bers of the family for affairs which must be attended to, if they are suitable persons 
 for this purpose. In such cases the warden is responsible for their management. 
 
 § 18. The superior attorney of state, in the interest of security, may permit the 
 wearing of weapons by the assistants. 
 
 Prison commissions. — §19. For every court prison there exists a prison com- 
 mission, which coijsists of the director of the prison as president, the official physi- 
 cian, a financial official in correspondence with the superior attorney of state, and in 
 case of the provincial court prisons, and of those which are magistrates' prisons, the 
 prosecuting judge; in case of the magistrates' prisons and such as serve as auxiliary 
 to provincial courts, the attorney of the magistrate. In case of magistrates' prisons, 
 in special circumstances, instead of the magistrates' attorney another officer of the 
 department of justice may be made a member of the prison commission. The official 
 physician is, excepting in special instances, for the provincial court prisons the physi- 
 cian of the provincial court; for those magistrates' prisons which are situated at the 
 residence of the district physician, this official will act; for the other magistrates' 
 prisons the physician who is appointed as substitute of the district physician of the 
 first class. In the provincial courts where several prosecuting judges are appointed 
 the president determines which officer shall act on the commission. Also, if several 
 attorneys belong to a magistrate's court the superior state attorney, in agreement 
 with the provincial authority, chamber of inner affairs, shall appoint a member. 
 
 Duties. — §20. This prison commission supervises, without interfering with the 
 state building board, the condition of the prison buildings and the inventory, 
 as well as all branches of the prison service, measures of security, labor, health, 
 preservation of furniture, and similar arrangements. It recommends measures 
 relating to the economical management of the prison, the contracts for delivery of 
 supplies at state cost, the repair of the furniture, the ordering of new materials, and 
 the condemnation of articles no longer fit for use. It decides what forms of employ- 
 ment may be introduced into the institution, fixes the conditions of employing 
 labor, accepts contracts with employers who continuously employ prisoners. It 
 decides the rates of pay for the working prisoners to be paid out of the funds of 
 labor reward, and makes rules in relation to permission of extra food. 
 
 Sessions and councils. — § 21. The commission of prisons meets at least once in 
 each quarter at call of the presiding officer, and makes investigation into the 
 condition of the prison. The results of observations and counsels are entered in a 
 minute book. When they are unable to agree, the president reports the fact to the 
 superior attornejr of state. The proposals in case of the magistrates' prisons which 
 are used for provincial court prisons are from the hand of the first state attorney of 
 the provincial court. 
 
 medical service. — § 22. The treatment of sick prisoners, the management of the 
 necessary medical examinations, and the proposals of recommendations are in charge 
 of the official physician. He must also supervise the condition of the prison and 
 the service in respect to sanitary and hygienic requirements, and especially look to 
 the execution of rules relating to cleanliness, ventilation, heating, the nature of the 
 food, and the measures necessary to remove defects. To this end the appointed 
 physician is to visit the institution under his care at least once each week. For 
 smaller prisons once a month may be sufficient. In relation to matters affecting the 
 order of the house the physician is subject to the director. 
 
 Supervision. — §23. The superior attorney of state exercises oversight of the 
 prisons of the superior state district courts. He is to visit the prisons under his care 
 from time to time, must take measures to remove defects, and lay before the royal 
 ministry of-state for justice the necessary reports and recommendations. He decides 
 in respect to complaints against the acts of the prison directory. 
 
 REaULATIONS RELATING TO THE CONDUCT OE THE PBISON 
 SERVICE AND ORDER OF THE HOUSE. 
 
 Reception of the Pkisoner. 
 
 Order for reception and announcement ofbeginning of punishment. — §24. 
 The reception of prisoners on trial or for punishment occurs only on the basis of a 
 written order of a judge or attorney of state. Persons who are under order of pun- 
 ishment, even if the order of court has not yet reached the warden, shall be received 
 upon showing a copy of the request. 
 
MODERN' PRISON SYSTEMS. 21 
 
 Eeception for execution of the disciplinary measures of §§ 1, 3 occurs upon written 
 order of the director. For the reception of other civil prisoners the rules of § 2 of 
 regulation of Deceruber 6, 1881, are decisive. Prisoners from the police or those sent 
 forward by police are to be received on order of police or forwarding authorities. 
 
 Prisoners who are delivered by a public board or by organs of the police and secur- 
 ity service are received without written order. Reception in such cases is merely 
 provisional and must at once be reported to the director. The director decides 
 whether the prisoner shall be retained in confinement and he will secure a decision 
 of the proper board. In case of prisoners who are forwarded (Schubgefangene) who 
 are delivered with certificate of transport the information is simply to declare 
 whether the warden has received the order of reception of the authority after lapse 
 of the customary time. The reception of persons who are brought for punishment 
 is not pennissible before 7 in the morning and after 7 in the evening. The warden is 
 to assure himself that the person announced is the same as the one who is to undergo 
 the punishment. To this end a personal description is to accompany the order of 
 execution of sentence. 
 
 Sick persons and -women with, child. — §23. Persons afflicted with epidemic 
 diseases shall not be taken into prisons. Women who are with child shall not be 
 received when the information of the ofiicial physician declares that the confinement 
 will occur during the sentence, or, in her condition, will bring with it effects which 
 make imprisonment unsuitable. 
 
 Children of prisoners. — § 26. It is not permitted prisoners to bring children with 
 them into prison. The only exception is in case of sucklings, which can not be sepa- 
 rated from the mother. If in other cases children are brought with their parents 
 they are to be retained only until the police can be notified to provide for them 
 elsewhere. 
 
 Examination of prisoners — Cleanliness. — § 27. At the reception of a prisoner 
 his person and his belongings, unless there is reason for an exception, shall be thor- 
 oughly examined. Where practicable a special room for such examinations and 
 reception shall be set apart. The examination of female prisoners in the provincial 
 prisons of the Pfalz is made by a woman supervisor, and in other prisons by a suitable 
 woman. The warden shall assign this task when practicable to his wife or other 
 suitable member of his household. The prisoners are required when necessary to 
 cleanse their bodies. Prisoners with vermin must be subjected to thorough cleansing. 
 
 During the incarceration all unnecessary articles, and especially valuables, papers, 
 superfluous clothing, tools which might aid escape, and writing materials, shall be 
 taken away from the prisoner. In case of persons under examination for trial the 
 director may order that the prisoner may retain certain articles which serve the con- 
 venience of persons of his social standing. A careful description shall be made and 
 entered in the record of each person received for trial. Sick prisoners and women 
 with child are to be examined by the physician soon after reception. 
 
 Preservation of property of prisoners. — §28. Articles taken from prisoners 
 and held by the institution shall be listed. The prisoner is to be shown the list for 
 his signature. In case of persons on trial, the articles brought with them are to be 
 entered with a number and reported. These articles shall be preserved, after the 
 process of cleansing, in a special room. Care must be taken to prevent loss, injury, 
 and interchange. Money, valuable papers, and jewels must be kept under secure 
 lock. Where needful the director may ask immediate protection of such property 
 by a court. 
 
 Instructions. — §29. After the inspection the prisoner is to be informed that he 
 will find the more important rules of order in his room. When needful he will be 
 taught their meaning. 
 
 List of prisoners and notices. — § 30. The names of prisoners as received will be 
 recorded in the prison list. For certain prisoners the term of incarceration is at once 
 entered. * * * The time begins with entrance into the prison, unless there is 
 some other order. The reception of persons on trial is announced to the judge or 
 state's attorney who has issued the order, or to a magistrate. A notice will be given 
 to the board which has issued the order in relation to the reception of a prisoner for 
 punishment, and in this notice the term as reckoned by the warden will be written. 
 Similar record is made in case of disciplinary punishments. The reception of pris- 
 oners from the police is announced to the proper board. On this notification the 
 number of the prisoner and of his room will be written. In case a person ordered 
 for punishment has not entered upon it in accordance with the order, notice thereof 
 is to be sent to the board which issued the order. 
 
 Beceptiou and separation of the prisoners. — §31. These principles regulate 
 the division of the prisoners in the cells: (1) Prisoners of different sex may never be 
 brought together in the same room; (2) youthful offenders (§57, Penal Code) are 
 
• 22 MODERN PEISOW SYSTEMS. 
 
 to be separated aa far as practicable from adults; (3) civil sentences are served in a 
 room in whicb persons on trial or convicts for crime are not placed at the same time; 
 (4) in general the prisoners, so far as possible, are to be separated according to the 
 kind of sentence (on trial; simple incarceration, punishment by confinement accord- 
 ing to §362 of Penal Code, common prison sentence, police supervision). In the 
 prisons which serve for the I'eception of persons under police control special rooms 
 are to be set apart for police cases, in understanding with the district court. So long 
 as these rooms are not occupied by prisoners of this class their occupation by other 
 prisoners is not prohibited. 
 
 Separation of prisoners on trial. — § 32. Such persons, so far as possible, are to 
 be held in separate cells. Accomplices are to be kept as far apart as possible. 
 
 Separation of others. — § 83. In all cases isolation may be applied. Where it is 
 feasible, persons who desire it may be assigned sejjarate cells. Prisoners who are 
 liiely to exercise a bad influence on others, or are disposed to stir them to excesses, 
 shall be isolated as far aa practicable. 
 
 Incarceration in common. — §34. The cells assigned for common occupation 
 should not contain more than three persons. It is forbidden to place two youthful 
 offenders or a youthful offender with an adult in one room. Consideration must be 
 had for age, social position, and education in the selection of persons .assigned to the 
 same room. Particular care must be given to the selection when it is impossible to 
 avoid placing youths and adults together, and in this case the director's consent 
 must be asked. 
 
 Conduct op Prisoners — Discipline. 
 
 Obedience — ^Bespectful demeanor. — § 45. Every prisoner is required to observe 
 the regulations of the house, to meet the officers and attendants with politeness, to 
 render to their orders obedience, and be careful to conduct themselves with good 
 behavior. All singing, whistling, shouting, and crying are forbidden. 
 
 Intercourse. — §46. Prisoners who are kept separate may not communicate with 
 other prisoners by writing, calling, knocking, etc. It is forbidden them, without 
 permission, to communicate with persons outside the prison or with strangers who 
 enter the prison, or to receive anything from them. 
 
 Possession of articles. — §47. No prisoner is permitted to retain in his room 
 anything which he has not express permission to have. Especially the possession of 
 money, knives, files, hammers, and similar tools, as well as writing materials, is 
 forbidden. 
 
 Trade, presents, etc. — § 48. All trading, especially with clothes and food, and all 
 lending, giving and receiving of presents between the prisoners, or from officers and 
 their relatives are forbidden. 
 
 Gambling; spirits; tobacco. — § 49. Playing cards, dice, and the like games, and 
 the use of spirits and tobacco are forbidden. The smoking of tobacco is permitted 
 only under special circumstances by the director. Snuff taking is permitted to those 
 who have the habit, if cleanliness is observed. 
 
 Leaving a place assigned. — § 50. Without permission the prisoner may not leave 
 the room assigned him or the place of labor or eating or change his place of resting. 
 When several prisoners are taken out in rank they must remain in the order fixed. 
 
 Conduct in community. — §51. Prisoners kept in community confinement must 
 maintain peace and quiet. Teasing, strife, reproach, attacks, disturbance of others 
 at work, at prayer, at reading, or at rest, are forbidden. 
 
 Forbidden associations — Control of others. —§ 52. Every secret association 
 among the convicts is forbidden. J^o prisoner may act imperiously toward others 
 nor give them orders. No prisoner may act as representative or advocate of another. 
 
 Bising, cleansing of person and clothing.— §53. The prisoner must in the 
 morning, as soon as the sign is given, rise at once from bed, place the bed in order, 
 wash hands and face, rinse the mouth, comb the hair, brush his clothes and put 
 them on. Where the work is dirty the hands must be washed before eating. In 
 the evening the prisoners must lie down at the appointed time. The director may 
 excuse civil prisoners from the rule about rising and retiring. 
 
 Cleaning the cell.— § 54. Prisoners, unless excused by the director, are obliged to 
 clean the cell and its furniture. Civil prisoners are excused from this obligation. 
 
 Prohibition of injury. — §55. The prisoner must refrain from injuring or making 
 unclean the cell or its furniture. He must avoid injuring and must keep in order 
 clothing, bedding, tools, and materials for work. For iniuries arising from vicious- 
 ness, obstinacy, or neglect restitution must be made. Vicious or obstinate conduct 
 will be punished. 
 
 Calling in help. — § 56. If a prisoner requires help, he must use the means appointed, 
 or knock on the door of his cell, or call; but a misuse of means will be punished. 
 
MODERN PRISON SYSTEMS. . 23 
 
 Petitions and complaints.— § 57. Theae must be brought to the attention of the 
 director through the warden or at times of visitations. Repeated and unfounded 
 complaints are punishable. 
 
 Persons on trial (TJntersuchungsgefaengene). — §97. In handling persons on 
 trial it must be understood that deprivation of freedom is not punishment. Con- 
 veniences and occupations which are suitable to the social status and means of the 
 persons under trial they may obtain at their own cost, so far as is consistent with the 
 condition of restraint of liberty and the order and safety of the institution. (Code 
 of Procedure, § 116, 3. ) The rules of order are applied to such persons only so far as 
 other rules are not legally given by a judge. Disciplinary punishments are to be 
 applied only by act of the judge. By " judae" is to be understood the examining 
 judge up to the time of opening the principal process; if a preliminary trial has not 
 been begun or is intrusted to a magistrate, it is the magistrate; and after the opening 
 of the principal process the presidmg judge of the court of jurisdiction. The rules 
 for treatment of persons on trial are valid for persons on trial who are being trans- 
 ported and are temporarily in a prison of a court. In such cases the director of the 
 prison gives orders. 
 
 Convicts and persons deprived of liberty. — §98. Prisoners who are serving 
 sentence under § 362 of the Penal Code undergo a more severe treatment when they 
 have served a previous sentence or been in a penitentiary, or when they have com- 
 mitted an offense on purpose to secure lodging in a prison, or when on other grounds 
 they require more severe handling. The proper measures will be ordered by the 
 director. Such persons are to be kept at labor, and of a severe kind, during the 
 entire labor time, and particularly with housework. They are not to be employed 
 in open courts unless there is not enough work for them inside the prison. They 
 may not be employed outside the prison. Permission to earn money for additional 
 food or snuff shall be given them only exceptionally for good conduct, and not more 
 than one day of a week. During the first week they are not permitted to exercise 
 outdoors. If they break prison rules the disciplinary punishments preferred are 
 diminution of food, simple and intensified arrest. 
 
 § 99. Persons of the released class under punishment shall have applied to them 
 the regulations of §§ 24 to 26 of the Military Penal Code. (These rules require cellu- 
 lar confinement; three grades of arrest, dark cell, and diminution of food being 
 employed. ) 
 
 LOCKING AND SECUKITY OP THE PKISON — HOUSE POLICE. 
 
 liocking. — §35. The entrances to the prison buildings, the doors which separate 
 the divisions of the prison and of the separate cells, and the small doors in the great 
 doors must be kept locked. Only during the time which the prisoner spends in the 
 open air and during the cleansing, which is supervised by the afisistants, may the 
 doors remain open. The doors to stoves and chimneys are at once to be closed after 
 use in heating". The keys must be guarded with special caution. They may never 
 be left in the lock nor lying down, and much less intrusted to a prisoner, even to 
 carry to an officer or assistant. 
 
 Prevention of escape. — §36. In the use of ladders, ropes, and other articles 
 which may be used for escape the greatest care must be observed. In piling wood 
 in the court it must be provided that means of escape shall not be furnished. 
 
 Visitation in tlie rooms of incarceration. — § 37. The prison attendants must 
 make themselves sure that the window bars, covers, walls, floors, stoves, and utensils 
 are not injured, and for this end must visit all places daily at different times. They 
 must see that the prisoners are not in possession of articles which can be used to 
 assist in attacks on ofiicers or to aid flight, and that such things are not concealed in 
 cracks, utensils, bedding, or clothing, and that no preparations for flight have been 
 made. When prisoners are chained it must be noticed whether the chains are whole. 
 For such visitations the best time is when the prisoner is absent. Clothing of female 
 prisoners must be inspected by women. The attendants must satisfy themselves in 
 the evening, at the end of the day's order, and every morning that the prisoners 
 intrusted to their guard are present. If prisoners are suspected of having plans of 
 escape, they must be inspected at night one or more times. In prisons where there 
 are more than two assistants there is to be a regular night watch, unless the superior 
 state counselor for special reasons makes an exception. 
 
 Preventing forbidden intercourse. — § 38. The attendants must be careful to see 
 that the prisoners who should be kept apart do not talk with each other, and that 
 prisoners do not communicate with persons outside by calls or signs. 
 
 § 39. Prisoners who give evidence of being dangerous must be kept under careful 
 observation. In such cases the clothing may be taken away at night, and, if it is 
 necessary for the protection of the attendants or other prisoners, or if a prisoner 
 
24 . MODERN PRISON SYSTEMS. 
 
 has made plans to escape, chains may be laid on him. Chaining is also permitted 
 when the prisoner has made attempts or plans of suicide. When a convict actually 
 resists officers or rages and shouts, chains or strait-jacket may be employed. 
 
 § 40. Where measures of the kind just mentioned must be employed the attendant 
 must at once secure the approval of the director; in trial prisons, of the judge. 
 
 § 41. The prison officers are authorized to use weapons (1) when an attack is made 
 upon the attendant or upon another person, or when one is threatened with an 
 assault, and there are no other means of preventing it; (2) when a prisoner attempts 
 to escape and resists the officer or threatens him; (3) when a prisoner takes up a 
 tool which might serve for attack and refuses -to lay it down when ordered to do so. 
 The use of weapons may not be extended beyond the necessity of overcoming oppo- 
 sition or to ward off attacks. 
 
 § 42. If a prisoner escapes, he must be followed as quickly as possible. To this end 
 the police are to be notified at once by the attendant and a personal description is 
 furnished. 
 
 Conduct in case of fire. — § 43. The first care must be, if the fire can not at once 
 be extinguished, to call for help and to rescue the prisoners. Prisoners who will not 
 probably attempt to run away may be set at liberty. Those who would probably 
 run away must be guarded as far as possible. Chains may be used to prevent escape. 
 
 Notice of unusual events. — § 44. The director must be informed of attempts at 
 flight, escapes, assaults, serious acts of bad conduct or wounds, discovery of a plot or 
 of dangerous tools in the possession of a prisoner, suicide, fire, and other aceidenta. 
 If weapons are used, the fact must at once be reported. Unusual events which hap- 
 pen to prisoners under trial are to be reported to the judge. 
 
 Visits. — § 88. Visits from persons who have no official relations with prisoners 
 may be permitted to see them only by special permission of the judge (for persons 
 on trial) or of the director (for other prisoners). First there must be assurance that 
 there is no cause for doubt in reference to the jjerson. Visits to convicts are per- 
 mitted only on very serious grounds. Permission is written and states the time 
 allowed for interview. Visits are to be made, not in the cells, but in rooms used for the 
 purpose, by preference those employed for judicial examinations or the office of the 
 warden. Sick prisoners may be permitted to receive visits in the infirmary. Con- 
 versation of the prisoner may be held only in presence of persons designated by the 
 court, if it is a person on trial, or of an attendant, in case of ordinary prisoners and 
 what is said must be heard by the person present. Visits to civil prisoners may be 
 made without the presence of a witness. The visitor may not, without permission, 
 give or receive anything. If the privilege is abused by improper conversation or con- 
 duct, the visitor is at once required to leave, and the prisoner may afterwards be refused 
 this privilege. Oral communication with an advocate is permitted to persons on 
 trial. The director decides time and place. So long as the principal process has 
 not yet been opened, visits are permitted only after the judge has decided whether 
 a witness shall be present at conversation. ( § 148 of Criminal Procedure. ) 
 
 Communications. — §89. If a person under examination or another prisoner on 
 trial requests a hearing through the judge, the judge is at once to be informed; or if 
 a prisoner in a trial asks for an explanation or a motion through the clerk of court, 
 especially if he wishes to offer a legal statement (complaint, appeal, revision) against 
 a decision, or to give an explanation in respect to such legal measure, he shall 
 instantly have a hearing of the clerk of court. 
 
 Letters. — §90. Exchange of letters with outside persons is permitted to persons 
 on trial only by permission of the judge; to other prisoners by permission of the 
 director. Without permission writing materials are not ^ven prisoners. Cost of 
 paper and postage is met out of the share of the prisoner in the fund of reward of 
 labor. Letters and parcels received for the prisoner are taken in charge by the 
 warden unless the director orders otherwise. Receipts for such articles are given by 
 the warden. 
 
 § 91. All conveyance of articles to a prisoner must be in presence of an attendant. 
 When parcels are charged with postage due or other costs, they are to be refused 
 unless the prisoner previous to opening declares himself ready to pay the cost and 
 shows that he is able to do so. The credited fund for work may be used for such 
 payments. Parcels received are to be laid unopened before the director or judge. 
 Letters received or sent are subject to such inspection. Letters are delivered to 
 prisoners or sent away from them only when the contents give no reason for doubt. 
 To ordinary prisoners frequent exchange of letters is not permitted. Permission of 
 director or judge must be marked on the letter. Letters received but not given to 
 the prisoner are to be preserved until his discharge. The letters which may be given 
 to the prisoner are left with him only upon permission of director or judge; if no 
 permission is given to retain them they are to be taken from him after he has read 
 
MODERN PRISON SYSTEMS. 25 
 
 them and are to be preserved for him. Letters sent by persons on trial to the court 
 or board of supervision are not examined by the judge. In case of abuse of privilege 
 it may be withdrawn. 
 
 Written communication with advocates is permitted to persons on trial. So long 
 as the principal process is not yet opened the decision of the judge must be had 
 whether written communications of prisoner or advocate shall be sent back when 
 the judge has not seen them. ( § 148, 2, Code of Criminal Procedure. ) No control 
 of correspondence of civil prisoners is required. Writing materials are to be fur- 
 nished them. 
 
 Disciplinary Measubes. 
 
 §58. As disciplinary means may be used: (1) Admonition; (2) withdrawal of 
 reading matter, exercise outside up to one week; (3) removal of permission to use 
 extra earnings of overtime for food or snuff or to provide his own food up to six 
 weeks; (4) reduction of food by restriction of warm food to one midday soup with- 
 out meat up to two weeks, or withdrawal of half the bread portion for one week, or 
 restriction to bread and water every other day for one week; (5) arrest, consisting 
 of solitary confinement with or without a task up to two weeks. This arrest may be 
 sharpened by reduction of food, withdrawal of bed, darkening of cell, but it is pro- 
 vided that on every fourth day the ordinary bed will be used and light restored; if 
 food is reduced in addition to other modes of increasing the punishment, the ordi- 
 nary diet is given. Several punishments may be joined. Corporal punishment is 
 forbidden. Chaining and strait-jacket as disciplinary punishments are forbidden. 
 
 Management of discipline. — § 59. Management of disciplinary measures belongs 
 to the director; in case of prisoners on trial, to the judge. The prisoner is to be 
 heard before the order for punishment. Before order for increase of penalty the 
 prisoner and the witnesses must be heard, and the physician must give judgment 
 whether the person can endure the punishment. If there is reason to fear evu con- 
 sequences even from reducing the food the physician must ^ive his opinion. The 
 order must be recorded and orally communicated to the prisoner. The prisoner 
 may enter his complaint, but the punishment will not be deferred. Disciplinary 
 punishments will be recorded in a book. The recorded items will be preserved by 
 number by the director and written in the punishment book. 
 
 Industhy. 
 
 General rules. — § 72. In the judicial prisons care must be taken to provide occu- 
 pation for the convicts. Work required by the house itself will be done by prisoners. 
 So also the preparation of clothing, and repairing of clothing, underclothing, and 
 utensils shall be done by prisoners as far as possible. In all stete prisons, in magis- 
 trates' prisons which are used for permanent state prisons, and as far as feasible in 
 the other magistrates' prisons, work consistent with order and not injurious to health 
 shall be introduced. In the court prisons work shall be done only on orders, 
 pjxceptions are permitted only upon order of the royal minister of justice. Materials 
 usually will be supplied by the one who gives orders. For damages and losses to the 
 materials or implements supplied, if they occur through bad temper, heedlessness 
 or awkwardness of prisoners or attendants, indemnity will be paid, with right of 
 redress. Continuous employment will be secured as far as possible by contract with 
 managers. \ 
 
 Work outside the prison. — § 73. Work under regulation may be permitted out- 
 side, but prisoners must be kept apart from other workmen. Such outside employ- 
 ment of prisoners requires the consent of the royal minister of justice. The 
 employment of prisoners to carry goods into or out of the institution may be ordered 
 by the director, if attention is not called to the acts. 
 
 Employment. — § 74. Prisoners in the common prison may be employed at any 
 work suited to them; at their request they may be so employed. Prisoners confined 
 under § 361 of the Penal Code may be set at suitable work, and this may not be of 
 necessity in trades to which they are accustomed. * * * Persons of this class 
 can only exceptionally be excused from labor by the director. Other prisoners may 
 not be compelled to labor, but at their own request they may be employed at work 
 carried on in the prison. Prisoners on trial can be employed only with consent of 
 the judge. The assignment of work is made by the director. The preferences of 
 prisoners are to be considered. The director decides whether the form of labor is 
 suited to the prisoner. Work which requires tools which may be used to aid escape 
 shall be ^ven only to prisoners who are not likely to attempt escape. In work out- 
 side the institution only those prisoners are to be employed who are not likely to 
 
26 MODEKN PRISON SYSTEMS. 
 
 seek to escape nor to have forbidden intercourse with strangers. Prisoners under 
 § 362, 1 of Penal Code are not to be employed on such work. Burdens shall be 
 carried outside only by male adults. 
 
 Labor hours; supervision. — § 75. The hours of daily labor in the months of 
 November, December, January, and February shall not exceed nine hours, and in 
 other months ten hours. Every prisoner has a task assigned him which he is to finish 
 in the time. When this is completed he is not free to be idle the other hours. 
 Labor will be supervised by attendants. Prisoners outside must be accompanied by 
 an attendant and continuously watched. The working prisoners must give prompt 
 obedience to the orders of the guards. Prisoners may not be appointed to supervise 
 other prisoners. Male and female prisoners may not be permitted to work together 
 in the yards or outside. At the close of work all tools, materials, and products of 
 labor will be taken from the prisoners. The director may permit these articles to 
 remain in the cells to a suitable time. 
 
 Days of rest. — § 76. On Sundays and general holidays all compulsory labor ceases, 
 with the exception of necessary housework. Prisoners of Jewish birth may rest on 
 their Sabbath and on the following holidays of their confession: Passover (two days), 
 Feast of Weeks (two days), New Year (two days), Feast of Atonement (one day). 
 Feast of Tabernacles (two days) . Prisoners who are legally free to rest may work 
 on rest days if they do so without disturbing others. 
 
 Product. — § 77. The product of labor flows into the treasury of the reward of labor. 
 The money must be kept apart from that which belongs to the wardens. Out of this 
 fund shall be paid the cost of the industry, materials, utensils, and implements, etc. 
 After such deductions the net balance shall be kept apart for reward of the work of 
 prisoners, part for the wardens for their work in directing the labor and keeping 
 accounts, and the remainder to the fund of the prison for other use. 
 
 Shares of the prisoners. — §78. A part of the reward fund will be credited to 
 each prisoner. Work for the institution may also be credited. Work done under 
 disciplinary punishment receives no credit. The prison commission makes a rate 
 sheet fixing the division of the fund. In case of piecework the reward is according 
 to task, and in other cases according to time. In fixing the rates the principle is 
 fixed that no more than 40 per cent of the net product shall be set apart for labor 
 reward, and that not more than 25 pfennig shall be paid for a day's work of nine or 
 ten hours of labor of ordinary skill and industry. Where the reward is set for time 
 work the warden is to credit reward by the value of the labor, but the prisoner may 
 appeal to the director. The product is measured at the time it is taken from the 
 prisoner and his credit is told him. The rate sheet is to be posted up in each cell, 
 and the notice must state the rate for work done by time. Rates not stated in the 
 sheets are to be fixed by the director on the same principles. 
 
 Application of the credited sum. — § 79. Prisoners who are not obliged to work 
 may use the sum credited for extra food. It is permitted, by consent of the director, 
 to let the others use half their credit for this purpose. Those who use snuff may 
 employ their earnings in this way, under the same conditions. * * * Cost for 
 damages arising from vicious acts, obstinacy, or neglect, or for use in flight, must be 
 covered by these credits. At the close of every month and at discharge the account 
 will be given to each prisoner. In case of doubt the director decides. When a pris- 
 oner is discharged he receives what is left to his credit, and if he is delivered to 
 another board the sum is sent to that board. 
 
 Share of the warden. — § 80. The share of the warden is determined according to 
 the annual net income. The share of the warden of the magistrates' prisons, in 
 which there are no assistants, is 50 per cent of a net income up to 500 marks, and of 
 any further net income up to 1,000 marks, 20 per cent, and alsove that 10 per cent. 
 For the other assistants, 20 per cent in net income up to 500 marks, up to 1,000 
 marks 10 per cent, and above that 5 per cent. At the end of each month the 
 warden may take a twelfth part of the probable product according to the reckonings, 
 and in agreement with the director. At the end of the year the share is to be deter- 
 mined and the remainder due is to be taken, or if too much has been taken out it 
 must be paid back. 
 
 Work fund. — § 81. At the close of each quarter the remainder of net income is 
 delivered to the income officer to credit of work fund; but a sufllcient sum must be 
 retained for the supplies of industry, in agreement of director with the fiscal ofllcer. 
 In the larger prisons with important industries the director, in agreement with the 
 fiscal ofiScer, may order monthly settlements. 
 
 The work fund serves primarily as a reserve for indemnities and losses which 
 occur in the process of industry; the remainder is kept for the reward of assistants 
 tor special services in the industry, partly for furthering the work in the court prisons 
 and for the improvement of appliances used in the industry. Control of the work 
 
MODERN PRISON SYSTEMS. 27 
 
 fund belongs to the royal ministry of justice, in agreement with the royal ministry 
 of finance. For the purpose of rewarding the assistants a sum will be placed at the 
 disposal of the superior counselor of state, and from this sum, on the recommenda- 
 tion of the director, rewards will be paid at suitable times. 
 
 § 82. Assistants who have previously received sums out of the net income may be 
 permitted still to draw from the fund. 
 
 Voluntary occupation. — § 83. It is permitted to prisoners who are not compelled 
 to labor at the occupations carried on in the prison to choose employment of their 
 own. They must select work which will not conflict with the order of the institu- 
 tion. The director decides for the ordinary prisoner and the judge for persons on 
 trial. 
 
 Health. 
 
 Order and cleanliness. — § 60. Order and cleanliness must reign in all rooms of 
 the prison. A number must be fixed upon the door of each cell. The furniture of 
 each cell must be kept in good order. Cells, work rooms, and sleeping rooms are to 
 be scrubbed at least once a week and as often as required for cleanliness. Where walls 
 are marred or made unclean they must be made right at once. Eooms must always 
 be thoroughly ventilated. Disinfection must be employed as needed. The night 
 vessel must be carried out and cleansed every day. 
 
 Heating. — § 61. On cold days the cells are to be warmed so far as required by the 
 health of the convicts, regard being had for the season, weather, and structure of the 
 building. 
 
 § 62. In the prisons where arrangements are made to light cells, they will be 
 lighted during the time of darkness, so far as house order permits. Lighting will not 
 continue after 8 p. m. nor begin before 5.30 a. m. Exceptionally the director may 
 permit lighting cells, at the request of prisoners, even where a general system does 
 not exist, but not after 10 p. m. Means of building fires are not permitted in cells as 
 a rule. In large prisons the stairs and passages are to be lighted during the dark 
 hours. 
 
 Supervision of fi.re and light. — § 63. Every evening at close of the day's order 
 an attendant must see that fire in the kitchen and cells, if there is any, is extinguished. 
 He must also be certain that lights are extinguished in cells. 
 
 Bedding. — § 64. A separate bed is given to each prisoner. If mattresses are not 
 present, or if care must be taken to keep a bed clean, straw sacks may be used.' 
 Bedding which may be used to help escape is not permitted prisoners who are thought 
 to be planning flight. Bedsteads which are arranged for the purpose will be fastened 
 to the wall during the day; in other cases the bedding, if possible, will be taken out 
 doors. A judge may permit a prisoner on trial to furnish his own bedding. In 
 exceptional cases the same favor may be shown prisoners sentenced to short term. 
 Civilprisoners may furnish their own bed. Where the circumstances permit, convicts 
 in congregate rooms may be assigned separate cells. 
 
 Clothing. — § 65. As a rule the prisoners weartheir own clothing and underclothing 
 so far as they are clean and sufficient. Not more than one complete suit is permitted. 
 Prisoners on trial may, upon order of a judge, be obliged to wear prison clothing even- 
 if their own clothing is adequate. Prisoners who have not sufficient clothing will be 
 provided by the prison. For use at work, clothing may be furnished others. When 
 the judge requires it the prisoner is to be brought before him in the clothing which 
 he wore when he was sentenced. A towel is furnished each prisoner. 
 
 § 66. The underclothing and towels of prisoners are to be changed each week; the 
 bedding once a month. The clothing which can be washed shall be cleaned as often 
 as required. The woolen articles are to be beaten in the open air at least once a 
 month, and from time to time fulled. The straw ticks must be filled afresh as often 
 as necessary. The ticks are to be washed as often as required for cleanliness. The 
 cleansing of clothing of prisoners must be done within the prison or under care of 
 the warden. Clothing used by one prisoner must be washed before it can be used 
 by another. Bedding, if not clean, must be washed before it is given out again. 
 Defective pieces must be repaired. Articles of clothing not in use must be kept in 
 dry, well-ventilated rooms. 
 
 Food. — § 67. The prisoners receive food according to regulated diet. Pood rnate- 
 rials must be of good quality. For drinking, only water is supplied. This is given 
 fresh to the prisoners three times a day. Prisoners who can not, according to advice 
 of the physician, endure the prison diet on account of their bodily condition or pre- 
 vious habits, receive a diet prescribed by the director as they need. The regula- 
 tions of sick diet are to be observed. The facts will be entered in a book used for 
 the purpose. 
 
28 MODERN PRISON SYSTEMS. 
 
 Provision toy tlie prisoner himself. — § 68. It may be permitted to prisoners on 
 trial, to those on short sentences, civil prisoners, and police cases, which have not been 
 referred to the state police, to furnish their own food. This concession ia granted by 
 the director, or, in case of the prisoner on trial, by the judge. The privilege may be 
 withdrawn in case of abuse. To other prisoners, especially to prisoners on longer 
 sentences, this j)rivilege is not given. Food must be within the limits of moderate 
 enjoyment. Spirituous drinks may not exceed 1 liter of beer or one-half liter of wine 
 per day. Strong drink is forbidden. To prisoners for serious offenses all spirituous 
 drinks are forbidden. Food is usually to be supplied from a source designated by the 
 director. It is forbidden the warden to provide supplies on his own account. 
 Exceptionally may prisoners to whom this privilege is accorded also be granted per- 
 mission to provide for themselves articles not included in the regular diet. * * * 
 Articles brought from without, together with the vessels in which they are conveyed, 
 are to be thoroughly examined, and baked foods are to be cut open. 
 
 Dishes. — § 69. Dishes used by prisoners for food and drink are to be kept clean. 
 * * * Prisoners are to use knife and fork in eating flesh, unless there is danger of 
 abuse. Where these utensils are forbidden the meat must be cut fine when served. 
 Dishes must be removed from the cell immediately after meal time. 
 
 Supplementary diet. — §70. Prisoners who are permitted to supply their own 
 food may pay for extra dishes out of their reward of labor. Sale or supply of food 
 must be through the warden. In each prison a list of permitted food must be set 
 up with a rate of prices. This is done by the superior counsellor of state on the 
 motion of the prison commission. Beer may not be granted beyond one-half liter 
 per day. 
 
 Hair cutting and shaving. — § 71. Hair and beard of male prisoners shall be cut 
 as often as necessary. Prisoners may be shaved once a week if they desire or clean- 
 liness requires. In the case of prisoners on trial hair and beard must remain as at 
 arrest, unless the judge decides otherwise. No prisoner, without express permission, 
 shall be in possession of a razor. 
 
 Exercise in the open air. — §84. Prisoners in health are to be given exercise in 
 the open air daily from one-half to one hour when they are not already employed 
 outdoors, or not liable to seek to escape, or are not under disciplinary punishment 
 which interferes with outdoor exercise, and when the weather permits. The director 
 determines for prisoners who are likely to try to escape, and the judge decides for per- 
 , sons on trial. When it is impracticable to permit all to exercise at once, then they 
 must be divided in companies, and those prisoners are to be given the preference who 
 have the longest terms of sentence. During the stay outdoors all prisoners must be 
 guarded. Prisoners of different sex must not be brought together. Persona on trial 
 must not be brought in contact with prisoners from whom they should be separated 
 in cells, unless the judge permits an exception. Exercise in the open air must not 
 be before daylight nor after dark, nor in hot summer days between 12 and 3 o'clock. 
 
 Order of the day. — §85. In every prison the time of rising, retiring, and eating 
 is fixed byrules. The time for housework, labor in shop or cell, and exercise in the 
 open air must be fixed by rule. The time between beginning and close of labor 
 must be interrupted in a proper manner by exercise and meal times. Period for 
 rest may also be fixed. Regular work does not extend beyond 7 p. m. The order 
 of the day is posted in each cell. 
 
 Sickness. — § 92. Prisoners who think they need a physician report the fact to the 
 physician. In serious attacks the official physician is called, and in very urgent cases 
 when he is not at hand another may be called. In cases of suspicion, information is 
 given the director or judge, or in case of prisoners in transit to the forwarding board. 
 Where death seems imminent a clergyman should be called. Persons on trial may, 
 with consent of judge, employ a physician of their choice at their own cost. This 
 privilege may be extended to other prisoners by the director. Sick prisoners are to 
 be treated in special rooms if practicable, and these rooms should be adapted to the 
 purpose BO far as possible. Prisoners who are isolated may be treated in their own 
 cells. The rooms of confinement of sick prisoners may be lighted upon request of 
 the official physician during the dark hours. The medical orders are to be carefully 
 followed. Their execution lies with the attendants. The medicines prescribed shall 
 be entered in a dispensary book. The food supplied the sick must be regulated by 
 the sick diet. These orders are recorded. 
 
 For nursing sick prisoners, on order of the director suitable prisoners of the same 
 sex may be employed, either those employed at housework or those who volunteer. 
 Persona on trial may be so employed only with consent of the judge. Persons on trial 
 may be served by persons who are isolated only by consent of the court. Prisoners 
 thus employed as nurses may receive a credit for at most 20 pfennig a day, which 
 may all be used to procure additional food. If the attendants and prisoners 
 
MODERN PEISON SYSTEMS. 29 
 
 can not furnish such service, outside nurses may be employed by the director. In 
 case of communicable diseases such outside nurses must be employed when no suita- 
 ble prisoner volunteers for the purpose. Sick prisoners may be sent to hospitals if 
 the director thinks it proper and safe. The order must be communicated to the board 
 charged with execution of the law. If a prisoner must be removed from the prison 
 on account of sickness the board which sentenced him must at once be informed. 
 
 Births and deaths.— §93. Births and deaths which occur in prison are to be 
 reported to the registering office. * * * In cases of deaths the police of the place 
 where the prison is, and in countries on the right of the Rhine, also the probate 
 court, must be notified. In case of death the board is to be notified on whose order 
 the prisoner was sent to the prison. A child born in prison is, as soon as practicable, 
 to be sent to the family or the local police for care. The relatives of the deceased 
 prisoner are to be informed. At their request the body is given to them. If they 
 do not provide for burial, the local police must care for it in simple fashion. 
 
 Education. 
 
 § 86. Interviews with the clergyman may not be refused any prisoner. Opportu- 
 nity to enjoy sacraments must be given in the prison on request. Where a clergyman 
 makes regular visits, special times shall be arranged between the director and the 
 clergyman. In addition to these times the clergyman may have access to the pris- 
 oner at any time. Restrictions may be made by the judge in case of persons on trial. 
 The clergyman is subject to rules of order made by the director. When a service ia 
 held of the confession to which any prisoner belongs he is required to attend unless 
 he is sick or excused by the director. Persons on trial may attend such commoix 
 service only by permission of the judge. Attendance of other prisoners is optional 
 Separation of sexes is required. It is permissible for Jewish prisoners, where the room 
 will allow, to hold devotional services on their Sabbath and holidays. * * * 
 
 Beading^. — § 87. In the delivery of books consideration must be had for the individ- 
 uality and wishes of the prisoner. There must be control of the circulation. The 
 attendants must see that the books are not damaged. Prisoners in common rooms 
 are to be encouraged to read aloud to each other at the hours designated. The 
 superior counsellors of state may make further regulations. The director may per- 
 mit the reading of books which do not belong to the library. 
 
 DISCHARGED PRISONERS. 
 
 Directions for discharge. — §94. The discharge or delivery of a person on trial 
 shall not occur without written order of judge or state's counsel. Prisoners undei 
 sentence may not be discharged or delivered before the expiration of the term except 
 upon a special order, and in this order the reasons must be given. After expiration 
 of term prisoners may be released by the warden without special order, or a prisoner 
 may be delivered over to an officer charged by a board with this duty. If a convict 
 is sent to a hospital before expiration of sentence the time passed in the infirmary 
 counts upon his term, unless there is a judicial order to the contrary. ( § 493 of Code 
 of Procedure.) If the end of term falls after 7 in the evening, the prisoner may be 
 released or may remain till morning upon his request. A written notice is to be given 
 of the discharge or delivery of a person on trial and of a convict, and attached to the 
 order if one is made. The prescribed rules of disciplinary punishments apply in case 
 of discharged persons. The rules for civil cases must be followed. * * * Police 
 prisoners are discharged on order of the police board. Notice is attached to order. 
 Forwarded prisoners are delivered to the officer charged with duty of transportation 
 on order of the forwarding board. 
 
 Return of effects of prisoner, clothing, certificate. — § 95. Clothing, money, 
 share of labor reward, so far as not used up, will be given to the prisoner upon dis- 
 charge, and receipt taken. A prisoner to be delivered over will, if his clothes are fit 
 for use, be clothed in them; his money and other effects will be transferred to the 
 board which receives him or to the administrators of a prison or workhouse to.which 
 he is sent. Prisoners whose clothing is not sufficient for health or propriety must be 
 properly provided before discharge or delivery. If clothing is damaged and yet 
 capable of repair, the repairs must be made in good time before discharge. When 
 possible the mending must be done by prisoners. In case of prisoners from courts who 
 are set free or sent forward by officers of transportation, the duty of providing cloth- 
 ing falls to the director, and in case of police arrests or forwarded persons to the 
 police or forwarding board. The warden, if the clothing of a prisoner is defective, 
 must give notice in order to procure the necessary order. At discharge the prisoner 
 on his request is to be furnished by the direction with a certificate stating the ground 
 
30 MODERN PRISON SYSTEMS. 
 
 and termination of the imprisonment. In case of criminal offenses the offense for 
 which the punishment was inflicted must he stated in the certificate. 
 
 Transportation. — § 96. If there is any ground for doubt whether a prisoner should 
 be transported, or if he objects, a medical examination shall be made. When a 
 prisoner is delivered over to the officers of transportation a paper must be given 
 showing that the prisoner is free from vermin and skin diseases. 
 
 SAXOl!^Y. 
 
 STTPEE.IOE, CONTROL. 
 
 The Saxon system may be taken as typical of German States. It is under the 
 same Imperial Penal Code, Code of Procedure, and supreme court as the other States 
 of the Empire. It has its ministries over various departments. Control over penal 
 and correctional institutions is exercised (1) by regulations; (2) by requirements of 
 reports according to a uniform system, upon the basis of books and records kept in 
 a certain prescribed form; (3) by visits of inspection through persons officially 
 authorized by the ministry. 
 
 SouECES. — Hausordnung f iir die Landes-, Straf- und Korrektions-Anstalten. Einge- 
 fiihrt durch Ministerial- Verordnung vom Juni 1899, a copy of which was kindly sent 
 me by the ministry at the instance of Privy Coimcillor Professor Dr. A. Wach, Rector 
 of the University of Leipsic, to whom also I owe many valuable suggestions. 
 
 Constitution and Administration of the Institutions. 
 
 Purpose of the institutions. — § 1. 1. Purpose of the stale penal instUutions. — (a) 
 Execution of sentences to the penitentiary (Zuchthaus) and of the longer sentences 
 to ordinary prisons (Gefangniss); (6) moral improvement of the prisoners.' 
 
 2. Purpose of (he state correctional institutions. — (a) Execution of the correctional 
 sentence; (6) moral improvement of the prisoners. 
 
 Relations of the authorities. — § 2. 1. Supervisory board. — The state penal and 
 correctional institutions stand directly under the ministry of the interior, which will 
 send commissioners at least once a year to inspect the institutions. 
 
 2. Competence of the ministry of justice. — Through commissioners the ministry of 
 justice will secure information in relation to the methods of securing the ends of 
 punishment in the penal institutions. 
 
 3. Information and complaints of prisoners before the commissioners. — Every time a 
 commissioner of the ministry of the interior or of justice is present in the institution, 
 the fact shall at once be made known to all the prisoners, unless the commissioner 
 himself has given a different order. Any prisoner may request a hearing before the 
 visiting commissioner. 
 
 Officers of the administration at the institution. — §2. 1. Direction. — The 
 immediate conduct of the institution and its representation without is exclusively in 
 the hands of the director. It is the duty of the director to administer the affairs of 
 the institution according to the regulations and directions of the ministry of the inte- 
 rior in general according to his own judgment; with responsibility to the ministry, to 
 maintain supervision over the institution most carefully, to regulate the various 
 branches of the service and administration so far as this is not done by orders of the 
 ministry, to watch the conduct of all officers and servants, and to maintain a vigor- 
 ous and effective cooperation of all. The director decides all questions under the 
 rules of the ministry. If the director is hindered from performing his duties a rep- 
 resentative is appointed. 
 
 2. Superior officers. — The officers are not members of the direction, but are respon- 
 sible for the work of their special branches and may offer counsel and advice. The 
 director is ordinarily required, before he gives a decision, to hear the statements of 
 the official in charge. General orders from the ministry are at once to be made 
 known to the officials concerned. 
 
 Council of officers. — § 5. 1. Arrangement and purpose. — The council is made up of 
 all superior officers of the institution and comes together with the director as presi- 
 dent. The sessions are to be held regularly in the first week of each month and as 
 often besides as the director considers necessary. Ministerial orders which relate to 
 duties of officers outside of the director are to be made known. Matters of general 
 interest are to be discussed, especially rules of economic management. Each supe- 
 rior officer has the right to bring up subjects for consideration. The discussions have 
 
MODERK PRISON SYSTEMS. 31 
 
 for their object only advice for the decisions of the director. Eesolutions which 
 have for their object control of the director contrary to his own views are not per- 
 missible in the council. Communication of the discussions in the council to other 
 persons without permission of the director is not permitted. 
 
 2. Especial action of the council— The views of the superior ofllcers must be heard 
 in relation to (a) whether cellular confinement of the prisoner on grounds of security 
 or for hygienic reasons may be prolonged over three years; (6) whether a prisonw 
 is to be recommended for reduction of punishment, to release on a royal decision of 
 grace, or to conditional release according to § 23, 1 of the criminal code; (o) whether 
 a correctional is to be recommended for dismissal or to release before the expiration 
 of the term fixed for his correctional confinement or to lengthening of this term 
 ( § 54) ; ( c?) whether a prisoner shall be given a certificate of confidence ( § 58 under 2 ) . 
 
 3. Record. — The acts of the council are to be recorded by an officer and signed by 
 the director and all superior officers present. An authenticated copy is to be sent to 
 the ministry of the interior. The ministry may be given information also by other 
 special forms of communication. 
 
 Visits to the institution by strangers.— § 6. Visits to the institution by stran- 
 gers may be given only when they make proof of a special scientific or official intent 
 and give no occasion to the director to suspect them. Every visit is to be recorded 
 in a stranger's book kept for the purpose. 
 
 Reception of Prisoners. 
 
 Proceeding at reception.— § 10. (1) Cmditiom.—ln the case of penitentiary and 
 ordinary prison convicts the reception is made on the ground of a written order of 
 the board of penal officers, in which is stated the judgment, the nature of the crime, 
 the penalty, and the time from which the term of punishment is to be reckoned. If 
 a part of the term has already been completed, or the time of preliminary detention 
 (awaiting trial) is to be counted off, this must be noted in the order. The board of 
 penal affairs must also communicate information as to former punishments in peni- 
 tentiaries and ordinary prisons, and aggravated penalties of incarceration, under 
 §361, No. 3-8 of Penal Code. In case of "correctionals" the reception occurs on 
 written order of police authorities through the county authorities. 
 
 (2) Before the acceptance of a prisoner delivered, the directory must examine the 
 proof that the prescribed rules have been followed. If there is no reason for doubt, 
 the prisoner is received and a certificate is issued. 
 
 (3) Reception of one who voluntarily surrenders himself. — If one condemned surren- 
 ders himself and offers evidence that he is under obligations to undergo a penalty, 
 he is provisionally to be received, and information is to be given to the board of 
 penal affairs. 
 
 (4) References to rules; disciplinary classes; work. — The director gives instructions 
 to the prisoner, supplies him with a copy of the regulations, and assigns his class and 
 his work. 
 
 (5) Dengnations of convicts. — From the reception onward the prisoner is called in 
 the penitentiary a "penitentiary case" (ZiichtUng), in the ordinary prison a "pris- 
 oner" (Strafling), in correctional institutions a "correctional" (Korrektionar). 
 Penitentiary cases, youthful prisoners, and correctionals are to be addressed with 
 "thou" (du).a 
 
 (6) Record of reception and release. — In penitentiary and ordinary prison records 
 must be recorded: Day and hour of reception; name of person received; day when 
 reception was authorized, and the judgment or order of punishment; form of penalty 
 and its term; day, hour, and reason of release. 
 
 (7) Reckoning of the duration of punishment. — Information is to be given the pris- 
 oner at his reception of the duration of his punishment. The director is responsible 
 for this statement to the prisoner and must take care that it is correctly given (by 
 subordinate). Subsequent changes, in consequence of later judgments, etc., are at 
 once to be brought to the knowledge of the prisoner. 
 
 (8) Number for the clothing. — Every prisoner receives a clothing number, which 
 will designate him up to his release in the acts, lists, books, and accounts. 
 
 Note.-— Syphilitic cases are placed under special regulations and isolated. 
 
 Examination; cleansing; clothing and articles brought. — §11. (1) Proced- 
 ure in general. — The prisoner is to be thoroughly examined, must be cleansed in a 
 bath, and then clothed. The male convicts of penitentiary and the male correctionals 
 will have the hair cut short and the beard removed, unless the physician advises to 
 
 aTlietermot respect for adults is "you," (Sie).— Bditoe. 
 
32 MODEBN PEISOK SYSTEMS. 
 
 the contrary on grounds of health. In the case of other prisoners the hair and beard 
 will not be changed except on grounds of cleanliness or decorum. 
 
 (2) Medical examination. — When there is manifest disease the medical examination 
 occurs before the cleansing, and in other cases ordinarily within twenty-four hours 
 of reception. Its purpose is to judge of the mental and physical conditionin general 
 and to discover what kind of work is best suited to the convict. The record is to be 
 made in a regular form (§12, 3 ). 
 
 (3) Articles brought wiih convict. — All articles found on the prisoner, his clothing, 
 and other objects, so far as they are fit to keep, will be recorded. Valuable papers, 
 savings-bank books, etc., will be held by the institution and managed at the cost of 
 the prisoner. Cash belongs to the savings of the prisoner (§8, la). Articles liable 
 to damage will be sold and the proceeds go to the savings. The prisoner receives a 
 receipt for articles retained at his reception. 
 
 Records (Akten). — §12. (1) Entry. — A special record book will be kept for every 
 prisoner, in which shall be inscribed (a) a complete description of the prisoner; 
 \b) the required orders from the board which delivers him; (c) the results of the 
 medical examination; (d) the list of articlesbroughtwiththeconvict (§11,2). The 
 record as sent by the board is to be completed and the place of settlement for poor 
 relief noted. 
 
 (2) Information from other institutions where the convict has been held may be 
 obtained. 
 
 (3) Presentation of the record. — It is first to be shown the director, and by him to 
 other officers at his discretion. Then it goes to the accounting officer for record of 
 the property. 
 
 Examination by the chaplain. — §13. (1 ) Evangelical prisoners, f' — After the chap- 
 lain has examined the record he has the received prisoner brought before him and 
 examines him with reference to (a) his mental capacity, (6) his disposition, (c) moral 
 state, (d) education (school grade), and inscribes the results, with remarks, at once 
 in a book kept by him according to a regular form. 
 
 (2) Establishment of his confessional relations. — The chaplain at the first interview is 
 to ask the convicted person as to his confession, and is to compare his statement with 
 the official declaration. 
 
 (3) Catholic prisoners are brought before the Catholic chaplain, who conducts the 
 examination and enters the record. 
 
 (4) Procedure in case of merely occasional presence of an Evangelical or Catholic pastor. — 
 At the first visit of the pastor the prisoner is to be examined. The director is to 
 inform the prisoner at his admission when the pastor will make a visit. If the pris- 
 oner earnestly requests an earlier interview, or if any other good reason exists, the 
 pastor is to be requested to come immediately. 
 
 (5) Prisoners of other creeds, neither Catholic nor Evangelical, are examined by 
 the Evangelical chaplain. 
 
 EuLBS OF Conduct. 
 
 Supervision. — §15. (1) Object of supervision. — It is extended to all the actions, 
 conduct, and industry of the prisoners. 
 
 (2) Supervising officers. — The immediate oversight of male prisoners lies with 
 male supervising officers, over female prisoners with female supervising officers, 
 under instructions of the service and instruction from the director. The prisoners 
 are to yield unconditional and instant obedience to the orders of the supervising 
 officers. The supervising officers are to report to the director all that is improper, 
 so far as it is not an irregularity which is corrected by a direction. Every super- 
 vising officer is authorized to confine a prisoner who transgresses rules, but he is 
 also obliged to report this act in the ordinary way. 
 
 (3) Complaints against officers, employers, or foreman are to be brought before 
 the director, but in institutions where there are departments for discipline, before 
 the department instructor. Unfounded or vicious complaints will be punished. 
 
 (4) Military persons. — Military persons who are appointed temporarily to positions 
 as overseers in institutions for men are under the regulations. 
 
 (5) Seniors ("Aelieste"). — Older prisoners may be ordered to assist the supervising 
 officers, and also in works and arrangements where supervision by officers is imprac- 
 ticable. For this purpose the director, so far as possible, will name prisoners or the 
 first disciplinary class, with strict instructions as to their powers and duties in a par- 
 ticular case or in general. Within the range of orders of these supervising services 
 the prisoners must yield unquestioning and immediate obedience. 
 
 a "Evangelical" is, in Germany, used to designate members of the National ("Lutheran") Church, 
 or Protestants generallv. Editob. 
 
MODERN PEI80N SYSTEMS. 33 
 
 (6) Use of ?«eapom.— Actual attacks and other deeds of violence against oflacers, 
 attempts to escape, mutiny, and other forcible resistance will be hindered and 
 opposed by officers of the institution and by soldiers who are called to assist in super- 
 vision with the use of weapons, if necessary even of firearms. 
 
 Youthful offenders in prison— Congregate confiiieinent— Separate confine- 
 ment.— § 16. (A) Youthful prisoners (in the sense of the Penal Code) will be, so 
 far as they are not held in special institutions, kept separate from other prisoners, 
 in a distmct department, according to § 57 of the Imperial Penal Code. They may be 
 held in the special institution or in the special department to the completion of the 
 twentieth year of age; and in case the remainder of the sentence does not extend 
 beyond three months, until the end of their term of sentence. 
 
 (B) Congregate confinement.~{l) Division: For the purpose of supervision and 
 labor the prisoners will be divided into groups, according to the judgment of the 
 director. The union of such groups in disciplinary groups m the larger institutions 
 IS determined by the ministry of the interior. 
 
 (2) Younger prisoners who, on the whole, seem to be relatively uncorrupted are 
 to be held, as far as possible, separate from older prisoners. 
 
 (3) Separation of prisoners who still retain civil rights of honor: Prisoners who 
 retain civil rights of honor and have not undergone either a penitentiary sentence 
 exceeding two weeks nor a repeated sentence, nor a sharpened punishment (on the 
 ground of § 361, Nos. 3-8 of the Code), so far as possible are to be held separate from 
 other classes of prisoners. 
 
 (4) Separation for the night: The prisoners at night will be kept apart so far as 
 possible, unless the condition of particular persons makes congregate custody 
 necessary. 
 
 (C) Separate ccmflnement. — (1) Separate confinement as a disciplinary measure: 
 The director can employ separate confinement temporarily as a disciplinary measure. 
 
 (2) Separate confinement according to § 22 of the Penal Code. Separate con- 
 finement may be employed with prisoners, after previous consultations with the 
 chaplain and physician, upon or without request of the prisoner. It is particularly 
 advantageous when [a) the term of confinement does not surpass three months; (6) 
 the prisoner has not yet reached the twenty-fifth year of his age; (c) the prisoner 
 has not undergone sentence to penitentiary, ordinary prison, or sharpened incar- 
 ceration according to § 361, 3-8 of the Penal Code. .It can not be extended beyond 
 three years without consent of the prisoner unless prolongation is required on 
 ground of safety or health and after counsel of the official conference. Separate 
 confinement is excluded when there is reason to fear injury to the physical or spirit- 
 ual condition of the prisoner. Prisoners who have not passed the eighteenth year 
 of age may not be held in separate confinement without approval of the minister of 
 the interior. 
 
 (8) Visit of officers: Every prisoner in separate confinement is to be visited 
 several times in a day by officers, and at least once a month by the director and 
 physician. 
 
 Special restrictions. — §17. (1) General rule. — Every enjoyment which is not 
 expressly permitted is forbidden. 
 
 (2) EestricHon upon reading. — The reading of books and publications is, during 
 the time set apart for reading (§ 36, 2), limited to the collection provided by the 
 institution. The possession of newspapers is, as a rule, not permitted to prisoners. 
 In both directions exceptions may be made by the director in particular circum- 
 stances. The choice of reading materials is always subject to the approval of the 
 director. 
 
 (3) Restriction of intercourse. — The prisoners may not converse among themselves, 
 nor with other persons, in any way, without permission of the director. As a rule 
 they must be silent at all times. Exceptions'are allowable and go unpunished only 
 when the occupations or other occasions make speech unavoidable, or so far as it is 
 by exception expressly permitted by the director. 
 
 (4) Written intercourse.— The written communications of the prisoners are subject to 
 supervision of the director. Every letter received or sent must be examined before 
 it is delivered, and when the contents are in question it is not to be dehvered or sent. 
 
 Communications to the courts, the State administration, and boards of supervision 
 may not be held back. Communications to other boards, when they are ceflsorious 
 or otherwise objectionable, are to be kept back. When any communication is held 
 back the fact and its reasons are to be made known to the prisoner and a record of 
 this is to be made on the papers of the prisoner. 
 
 All officers are under obligations to hold in confidence all the private affairs of the 
 prisoners which come to their knowledge in the written communications. Such facts 
 as indicate danger to the institution, within or without, or point to the commission or 
 
 H. Doc. 452 3 
 
34 MODERN PBISON SrSTEMS. 
 
 concealment of a punishable offense, or knowledge of which for any reason seems 
 important to the ministry of the interior or the boards of justice are to be made 
 known to the proper boards. 
 
 Writing material is to be supplied the prisoners for each particular case in proper 
 arnount, at the charge of the general savings fund; also the envelope in which each 
 letter must be inclosed. The director is to decide whether a more extended use of 
 writing material is permissible in the case of any particular prisoner. Every prisoner 
 is to return as much paper, written on or not, as he received, and also pen, mk, and 
 pencil. The bringing in of writing material surreptitiously will be severely punished. 
 
 (5) ViMts of relatives. — As a rule each prisoner in ,the penitentiary or in a correc- 
 tional institution may receive a visit once in three months, and in ordinary prisons 
 once a month, from visiting relatives, at er having permission from the director. 
 The visitors must give satisfactory information about themselves. An ofl5cer must 
 be present at the interview. Each visit is to be recorded in a book kept for the pur- 
 p"se. Exceptionally the director may permit visits of other persons, and visits 
 without supervision. 
 
 (6) Presents and other admitted bisects. — Whether presents which are made to 
 prisoners may be received by them, the director decides. But all luxuries (with the 
 exception of Jewish easter holiday dainties (§33, 2, 3) are to be excluded. Presents 
 from prisoners for prisoners or from discharged men to such prisoners as were in 
 confinement at the same time with the giver, even for a short time, may not be 
 credited to the savings of the prisoners nor held for their use. That which is pre- 
 scribed in relation to presents holds good of all which is sent in or brought for 
 prisoners, and that also is true of the privileges of providing for one's self (§ 37, 3). 
 
 (7) Bestrictions on the collection of articles. — As a rule property of the prisoners maj- 
 not be kept in the institution in amount beyond what the prisoner could carry with 
 him without special means of transportation. Consideration of this rule must be 
 made in all decisions of the director as to presents, etc., or purchases, or making of 
 articles in the institution. ^ 
 
 (8) Sending away of articles which do not fall under 4 can not regularly be per- 
 mitted to prisoners. Exceptions may be made by the director, on his discretion and 
 responsibility, when it is a question of assisting relatives (§8, 20). 
 
 Offenses agrainst regnlations. — §18. (1) Punishable acts. — All conduct of the 
 prisoners, as actions, words, or _ gestures, which is forbidden by general legal rules, 
 or which offends against order, morals, or propriety, all disobedience against regula- 
 tions or officers, and all acts of negligence are liable to bring disciplinary chastise- 
 ment. All offenses which are prohibited in the Penal Code are to be punished in a 
 disciplinary way. 
 
 (2) Handing over to judicial punishment. — Surrender to the boards of justice occurs, 
 according to the circumstances, with respite from disciplinary punishment, but with 
 isolation of the prisoners, when the punishable action has for consequence: (a) In 
 penitentiary cases a prolongation of the penitentiary sentence or the award of a death 
 penalty; (6) in ordinary prison cases the prolongation of the term of sentence in an 
 ordinary prison, or the award of confinement in a fortress prison or penitentiary, or 
 a death penalty; (c) in correctional cases the award of a term in a prison or fortress 
 prison, penitentiary, or a death penalty. 
 
 (3) Offenses before the commissioner of the mmisiru.— The punishment of falsehoods 
 and other offenses of which a prisoner is guilty before a commissioner of the ministry 
 is left to the director on the action of the commissioner or is referred to the ministry 
 of the interior. 
 
 DisoiPLiNAKY Measures. 
 
 Bisciplinary classes. — § 14. (1) Distinction of the classes. — There are three dis- 
 cipUnary classes into which the prisoners are to be arranged, according to their moral 
 condition and their conduct in the institution. 
 
 The prisoners of the three classes are distinghished by their garments and are to 
 be differently treated in connection with the restraint of freedom (§17); the grant- 
 ing of allowable favors and rewards ( § 23 ) ; the reward of labor ( § 27 ) ; the concession 
 of appropriations out of savings (§8, 2); the application of disciplinary penalties 
 (§19,16). 
 
 (2) Middle class. — Every prisoner on entrance, unless he is not required to go into 
 the third class, goes into the middle class. 
 
 (8) Third class.^a) Placing in third class at entrance occurs with (a^) those 
 ■^rho have already undergone a serious panishment, within or outside the State, in a 
 common prison or fortress prison, or under § 361 , 3-8, of the Penal Code ; ( 6^ ) those 
 who at their admission msiniiEested a bad disposition or frivolous notion about their 
 punigbment; (c*) those who, h8i,ve purposely QOiftpaitl^d crime- in order to gain admis- 
 
MODERN PRISON SYSTEMS. 35 
 
 Bion to a prison or correctional institution; {d^) in correctional institutions, those 
 correctionals who after their term are to be sent out of the State. 
 
 (6) Exceptional cases: The director has discretion in some cases to exempt certain 
 persons from inclusion in the third class, when it seems that the character of the 
 prisoners or, especially with youthful offenders, the disciplinary and educational 
 ends can otherwise be better gained. 
 
 (c) Transfer to or from the third class. Those whose moral condition requires rig- 
 orous discipline, and whose conduct in prison shows viciojisness or frivolous notions of 
 their punishment or of the correctional regulations, may be transferred to the third 
 class. "When improvement has been shown they may be restored to the middle class. 
 
 Generally those who have been placed in the third class on admission must remain 
 there. Exceptions r.re permitted, generally, when the permanent continuance in 
 the third class would be a disadvantage to discipline, or in case of youthful correc- 
 tionals an educational disadvantage; and particularly when penitentiary cases and 
 those in ordinary prisons are industrious and their conduct blameless, and their 
 demeanor during the period of the sentence and their moral attitude justify the belief 
 that an improvement has begun, and the feeling as to the punishment as a just con- 
 sequence of violation of law will not be weakened in other prisoners; and with cor- 
 rectionals when, by steady industry and blameless conduct and moral attitude, those 
 received into the third class have obtained the end of the measures used. 
 
 {d) Treatment in the third class: The oversight and treatment, within the limits 
 of the regulations, is in every respect to be especially severe. 
 
 (4) First class. — From the second class may be promoted to the first class those 
 who give proof that they have earnestly endeavored to improve themselves, and have 
 for a long time conducted themselves especially well and worked industriously. 
 Those who have shown themselves unworthy of this distinction are to be transferred 
 to the middle class, and under some circumstances immediately to the third class. 
 
 (5) Transfer may be made at any time under these rules by the director. The 
 superior officers and the supervisors are to use every opportunity to become 
 acquainted with the personal character of each prisoner, ana to make known their 
 observations to the director; and the superior officers are to record their observa- 
 tions on the personal record of the prisoners. 
 
 Disciplinary punishments. — § 19. As forms of disciplinary punishment these 
 are permissible: 
 
 (1) Admonition (reprimand). 
 
 (2) Withdrawal of ordinary privileges, and especially loss of credits of reward of 
 labor in the month or months for which the punished person had the credit, up to 
 three months. 
 
 (3) Withdrawal of books and publications, up to four weeks. 
 
 (4) In separate confinement, withdrawal of work, up to one week. 
 
 (5) Withdrawal of privileges of exercise in open air, up to one week, the phy- 
 sician to be notified at once of the penalty. 
 
 (6) Withdrawal of the bed, with confinement in a cell provided with board floor. 
 There is left to the prisoner, who is stripped to the shii t, (a) for male prisoners, their 
 trousers of ticking; (b) for female prisoners, their cloth undercoat, up to one week. 
 For men and women there is provided, (a) in the warmer seasons, a single cover; 
 (6) in colder seasons, two single covers or a double cover. In all cases after three 
 days of punishment or three nights there intervenes a day or night of respite, when 
 the usual food or bed is permitted. 
 
 (7) Diminution of food may be: (a) penalty diet, (daily three dishes of water, soup, 
 and two pieces of rolls, together with the regulation butter and salt addition, but 
 without the daily bread portion), or (&) bread and water. The penalty can be carried 
 out with the requirement that the person punished come out of the cell at meal time. 
 The physician must at once be informed of the penalty. 
 
 (8) Chaining, up to four weeks. These punishments (1-8) can be used singly or in 
 connection. 
 
 (9) Isolation in a cell set apart for close confinement. This discipline can be 
 intensified: (a) by withdrawal of regular privileges, (6) by withdrawal of books and 
 papers, (c) by withdrawal of work, (d) by withdrawal of bed, (e) by diminution of 
 food, (/) by darkening of cell. The time limit is six weeks. On every third day the 
 prisoner is to be brought into the open air for one hour. Singly or in connection 
 with each other: (a) and (6) for the whole period or a part of the period, (/) not 
 more than four weeks, (d), (e), and (/), forms of intensification, are suspended, 
 when isolation continues more than a week, on the fourth, eighth, and then on every 
 third day. The physician is at once to be informed of the sentence. 
 
 (10) Closer confinement: The "arrest" is sharpened by placing the prisoner, on 
 the days of special severity, from 6 a. m. to 8 p. m., within a cage built m the ^.rrest 
 cellj in which he can sit pr stand up, but can not lie down, 
 
36 MODERN PRISON SYSTEMS. 
 
 (11) Closer confinement in a dark room'i (10) and (11) up to ten days of severity 
 are permissible in penitentiaries and correctional institutions; in all cases after three 
 days of severity there is one rest day on which the severity is omitted. On every 
 rest day the prisoner has an hour in the open air. When close confinement is 
 ordered the physician is at once to be notified; but when the dark room is ordered, 
 the physician must know before the opening of thedecision. Well-founded objections 
 of the physician must be regarded. Further sharpening of the measures by diminu- 
 tion of food or removal of bed, or both, are permissible, as under (19). 
 
 (12) Cage arrest: The confinement is made more severe by placing the prisoner, ^ 
 on the days of severity, from 6 a. m. to 8 p. m., clothed simply in a woolen or linen 
 garment (according to the season and weather), without shoes or other firm foot 
 covering, in a punishment cell, whose floor and sides are covered with three-cornered 
 pales, according to a regulation. 
 
 (13) Cage arrest in darkness: The punishment cell may be darkened to make the 
 discipline more severe. (12) and (13) permissible only up to ten days of severity, 
 and only in penitentiaries. After every three days of severity there falls a rest day, 
 when there is respite from the severity. On the rest day the prisoner passes one 
 hour in the open air. Before the sentence is opened the physician is to be consulted; 
 his well-founded objections are considered. Further severity hj reducing diet is per- 
 missible. Removal of the bed is not permissible. A record is to be made of the 
 
 act of each case of discipline, with reasons, and a copy is sent to the minister of the 
 nterior after the punishment is undergone. 
 
 (14) Corporal chatisement, to a maximum of 30 strokes: This will be applied by 
 neans of a hazel cane, 80,to 90 centimeters long, shaved smooth, at the handle not 
 nore than 1 centimeter thick, upon the bared buttocks. The chastisement is applied 
 
 only in the presence of the director or superior ofiicer and of a physician, but no 
 others are admitted as witnesses. Only male prisoners of penitentiaries and of cor- 
 rectional institutions can be so punished. The physician is to be consulted before 
 the order is opened, and well-grounded objections of the physician are to be consid- 
 ered. The explanation of the reasons is recorded and communicated to the minister 
 of the interior. 
 
 (15) Youthful prisoners, who are not over 18 years of age, can be chastised in 
 the same ways as persons of the same age and sex in the public schools, but such 
 prisoners may not be chained (8), and the sharpening of the solitary confinement by 
 darkening of the cell is prohibited. 
 
 (16) Prisoners of the third disciplinary class are specially subject to the more 
 rigorous discipline. The accusing officer shall not be the person to inflict the strokes. 
 
 Procedure at infliction of disciplinary punishments. — §20. (1) Disciplinary 
 punishments will be ordered by the director or his representative officer. In any 
 case the order is to be communicated to the minister of the interior. In case of work 
 outside the institution a limited power of punishment can be delegated with consent 
 of the minister of the interior. 
 
 (2) Modifications, intensifications within the right to punish, diminution, or sus- 
 pension of punishment are in the discretion of the officer who orders the punishment. 
 It is advisable to change the form of punishment when the same prisoner, before 
 expiration of his punishment, has made himself otherwise liable. 
 
 (3) Quick succession of penalty upon transgression is advised. 
 
 (4) Procedure of explanation: The prisoner is to be heard before the fixing of the 
 punishment. The person who orders the punishment shall be satisfied that the 
 prisoner has really committed the offense charged. 
 
 (5) Punishment of a company of prisoners, as when all in a work or sleeping room 
 are obstinately silent about some offense, may exceptionally be inflicted. 
 
 (6) In the selection and measurement of punishments the gravity of the offense, 
 the maintenance of order, and especially the repetition of the act and the general 
 character of the person are to be regarded as decisive. 
 
 (7) The sick or convalescent, those with child or in childbed, can not be subjected, 
 without consent of physician, to punishments, except 1-3 (under § 19). 
 
 (8) Ordering of several penalties under one decision is permissible under these 
 restrictions: (a) More than one of the penalties named in § 19, 9-13, can not be 
 named in one decision. Further, in one and the same punishment there can not be 
 inflicted, (5) withdrawal of the bed and barred cage, or barred cage with darkness; 
 (c) withdrawal of the bed and corporal chastisement; (d) barred cage arrest and 
 darkened cage with corporal chastisement. 
 
 (9) Various offenses of the same prisoner, which are charged at the time of trial, 
 are to be treated as one offense. 
 
 ( 10) Penalties from different cases of offense may not be inflicted at the same time. 
 One exception is the loss of reward for labor (§19, 2), which may be ordered at the 
 same time with other penalties. 
 
MODERN PRISON SYSTEMS. 37 
 
 (11) Suspension and delay of infliction of disciplinary punishment must always 
 occur when life or health of the prisoner are endangered; and in these points the 
 counsel of the physician must be regarded. 
 
 (12) Disciplinary offenses shortly before release: The length of the time of disci- 
 plinary punishment or the end of them by act of grace, and, with correctionals, the 
 end of their term of confinement, do not stand in the way of fulfilling the disciplinary 
 order. But in such cases, as far as possible, forms of punishment should be chosen 
 which will make delay as brief as practicable. 
 
 (13) The use of legal processor appeal to mercy in order to ward off an ordered 
 disciplinary punishment can not put it off. 
 
 (14) The punishment may be made known to the other prisoners at the discretion 
 of the director. 
 
 Especial means of security. — §21. So far as other means are not sufficient the 
 following may be resorted to against actual resistance: Strait-jacket and chaining. 
 In all such cases an order from the director is presupposed. Only in case of necessity 
 is it permitted the officer of supervision to apply the appropriate means in order to 
 prevent acts of violence on the part of the prisoner. In such instances notice is to be 
 given without delay. Omission of the use of such means depends upon order from 
 the director. A list of those prisoners who are subject to these regulations must be 
 laid before the director at the end of the month by the proper administrative officer, 
 whereupon the director makes a decision in reference to every prisoner there 
 recorded, whether the measure is to be continued or discontinued, and the decision 
 must be entered. 
 
 Book of punisliments.— § 22. Every punishment, together with the offense for 
 which it was fixed, with the name and number of the person to be punished, and of 
 the date, is recorded in a special book. In the same way the measures of security 
 mentioned in § 21 together with the reason for the decree is inscribed in the book of 
 punishment. This book is to be circulated every week among the superior officers. 
 The minister of the interior receives information according to rules prescribed by 
 him, from copies and extracts from the book, in respect to the means employed and 
 the persons who are subjected to them. 
 
 Re'wards. — §23. (1) Kinds of reward in general: Unusual industry, good conduct, 
 and earnest striving for moral improvement may be rewarded with (a) the granting 
 of special indulgences in diet at the cost of the savings fund or of the general fund; 
 (6) praise before the assembled prisoners; (c) transfer to a.higher diciplinary class; 
 (d) in penitentiary and ordinary prison cases, recommendation to remission of pun- 
 ishment, to discharge on royal act of grace, or to early release according to § 23 of 
 the Penal Code. Every reward may, in the discretion of the director, be made known 
 to all the other prisoners. 
 
 (2) . Eecommendation for remission of penalty : Penitentiary or ordinary prison con- 
 victs may be recommended for remission of penalty only when they belong to the 
 first disciplinary class and have there already for a long period given in their conduct 
 evidence that they are really sorry for their offense and are actually better men. In 
 such cases the director is to send a report to the ministry of justice, appending the 
 special records. These recommendations are not to be made known to the prisoners 
 until a favorable decision has been received. 
 
 Organization of Industry. 
 
 Occupation of prisoners. — § 24. (1) Compulsory labor. —Penitentiary convicts and 
 correctionals are to be set to the kinds of work carried on in the institution. They 
 may be employed outside the institution, especially upon public works and those 
 supervised by State boards. This kind of occupation is permissible only when the 
 prisoners are kept separate from free workmen. 
 
 (2) Convicts of ordinary prisons will be occupied in a way suitable to their capaci- 
 ties and relations. 
 
 Employment outside of the institution is permitted only with the consent of the 
 convicts. 
 
 (3) Personal employment— Convicts of ordinary prisons who still possess civil 
 rights of honor and have never served a sentence in the penitentiary, may be per- 
 mitted by the director of the institution to carry on an industry of their own. This 
 permission ordinarily is granted only on the understanding that the convict belongs 
 to the first or second disciplinary class, that the selected occupation has not only 
 entertainment and diversion for its purpose, but, according to the measure of the 
 capacity of the convict rec(uires tension of his powers, and is also consistent with the 
 order and security of the institution; and that the prisoner, in addition to the regular 
 contribution for care, recompenses that institution on a scale agreed upon in advance 
 for the labor power so taken from the institution. 
 
38 MODEBN PRISON SYSTEMS. 
 
 (4) Distribution of work.—^With the exception of the case mentioned under (3) 
 the kind of work will be assigned to each prisoner by the director. Outside of the 
 regulations given (under 1 and 2), regard must be had for the health, the capacity, 
 and the future welfare of the prisoner; and in case of convicts of ordinary prisons, 
 the grade of education and the vocation must be considered. In the case of youthful 
 prisoners especial weight must also be laid upon education. 
 
 (5) Duration of labor. — The daily time of work, as a rule, in the penitentiaries 
 and correctional institutions, shall not exceed twelve hours, and in the ordinary 
 prisons not more than eleven hours. 
 
 Securing employment. — §25. (1) Qeneral jninciple. — In the utilization of the 
 labor power of prisoners the interests of private industries must be guarded as far as 
 possible. Above all, underbidding free work is to be avoided. 
 
 (2) Introduction of work. — The introduction of new kinds of work, in connection 
 with which effort is to be made to divide the industries ainong many branches of 
 business, requires, apart from tentative efforts, the approval of the Ministry of the 
 Interior, which will be given in advance according to the circumstances of individual 
 cases or for specific kinds of labor. 
 
 (3) Contracts for the labor power with employers, which so far as possible are to 
 be limited to delivering goods for the administration of the State, and especially to 
 provision for the institutions of the country, as a rule must be made by public bids. 
 In the choice of forms of work, those are to be preferred which have a wide market. 
 Especially must be avoided the injury of occupations which have a locally limited 
 market in the immediate region of the institution. 
 
 The task. — § 26. (1) Fixing the work task. — In every kind of labor, so far as the 
 nature of it permits, the director will define that quantity which the prisoner must 
 deliver, the work task. The lowest grade of the task is in any case to be defined so 
 that it can be accomplished by average work capacity, not without tension. The 
 higher grades are intended for prisoners with more than average capacity for work. 
 
 1^2) Fixing the task for the individual. — The director determines the grade of the 
 task which the prisoner has to perform, taking into consideration the ability of the 
 prisoner. 
 
 (3) Decision as to the performance of the task. — In judging of the performance of the 
 task of the individual the time in hours of work must be reckoned during which 
 the prisoner was hindered in its performance. Particulars are determined by the 
 labor regulations. 
 
 (4) Work without task. — In kinds of labor where a definite task can not be fixed 
 the industry of the prisoner in general and with reference to his capacity must be 
 carefully watched. 
 
 Reward for labor. — §27. (1) Nature and extent of reward for labor. — The prisoners 
 have no right whatever to any compensation for their labor. The product of work 
 flows into the treasury of the institution. But in order to itiicrease interest in the 
 labor, to promote habits of industry, and to improve the prospects of the prisoners 
 after their discharge, they will be encouraged to hope for rewards rising according 
 to the several disciplinary classes and the value of the services. The rates at present 
 are fixed as follows: 
 
 [The product as valued by multiplying the units of labor by the rate ol wages per piece.] 
 
 Class. 
 
 Peniten- 
 tiary con- 
 Ticts. 
 
 Prisoners 
 in ordinary 
 prisons and 
 in correc- 
 tional insti- 
 tutions. 
 
 
 
 i 
 t 
 1 
 
 
 
 First class 
 
 
 The part remaining from this sum to the third class, after deducting two-thirds for 
 penitentiary convicts and three-fourths for convicts of ordinary prisons and correc- 
 tional institutions, flows into the general savings fund. The regulations relating to 
 the reward of work will govern this matter. A claim upon the continuation of the 
 arrangement can never be made by the prisoners. The reward of work will be reck- 
 oned monthly and credited to the prisoner. The prisoner never secures a right to 
 this money until it is actually paid into his hands. Industry on one's own account 
 (§24, 3) is excluded from this reward. 
 
MODERJ^ PRISON SYSTEMS. 39 
 
 (2) J^plication of rewards of work during the time of confinement is permitted 
 by the director only according to the regulation (§8, 2). The director is authorized 
 to correct any inequalities. 
 
 CoUection of the rewards of work in the general savings fund. — §28. (1) 
 Coses in which such collection occurs. — ^The credited rewards of work, so far as not 
 already expended or paid over to the prisoners, is paid into the general sayings fund 
 (a)_ when the prisoner dies in the institution or while out on parole, or during pro- 
 visional release, or after discharge; (6) when the prisoner escapes from the institu- 
 tion or while on parole; (c) when the prisoner at his discharge refuses to give 
 satisfactory information as to his future home and does not repeat his report before 
 the end of a month from the day of his release; (d) when the prisoner after his dis- 
 charge has not within six months made notification of the reception of the reward of 
 labor sent him; (e) when the prisoner refuses a receipt for pensions or income; (/) 
 when the prisoner before or after his release gives further occasion for committal to 
 an institution of punishment or correction. 
 
 (2) Exceptions. — In cases which fall under (a) so far as the reward of labor is not 
 already applied, or is claimed under § 8, (2, a, 6, c,) it may be paid over by the direc- 
 tor, wholly or in part, to needy relatives of the prisoner. 
 
 Record of •work. — § 29. (1) Work list. — The time which is given by each prisoner 
 to work will be daily recorded. At the end of each month there is to be entered in 
 the book given to the prisoner the time deducted and reasons for the deduction 
 (§26, 3). 
 
 (2) Work book. — Every man who works at a task is provided with a work book in 
 which credits for work are entered. According to these entries at the close of the 
 month, and in case of departure in the course of the month, and before the close of 
 the accounts of the savings fund, the reward of work will be reckoned. At each time 
 the book ia closed the prisoner is to test its correctness and offer his objections. 
 Later objections will not usually be considered. In order to make it possible for the 
 prisoner to make this test he will have suitable opportunity to examine the record. 
 Men without a task (Pensum) have no work book. The reckoning of their reward 
 is made on the basis of the work list (1) and the time there entered. 
 
 (3) General surveys of the productions of the work carried on in the institution 
 according to the regulations, are regularly to be sent to the minister of the interior. 
 
 Contributions for maintenance and special allowances. — §7. (1) From the 
 possessions or income of the prisoner, or from persons legally obliged to provide sup- 
 port, the institution, according to the measure of the existing regulations, is to- take 
 the required contribution for maintenance during the term of the punishment or 
 correctional process. To cover this contribution for maintenance the reward for 
 labor (§ 8 under 16) is not to be taken. 
 
 (2) Special allowances for expenditures. — Expenditures (a) for maintenance beyond 
 the time of punishment or correction; (6) for special aid at birth of infants of pris- 
 oners in the institution; (c) for children who are born to the mother in the institu- 
 tion during her incarceration; (d) for burial of prisoners dying in the institution 
 (including those maintained beyond the time of incarceration), or children dying in 
 the institution during the incarceration of their mothers, are to be repaid to the 
 institution. 
 
 The contribution for maintenance is fixed at 288 mark per year, 24 mark per 
 month, 80 pfennig per day. 
 
 Administration of the savings of the prisoners. — §8. (1) Meaning of "sav- 
 ings." — Savings of the individual prisoner consist of (a) money brought into the 
 institution or which come to him during his imprisonment — his own means; (6) 
 reward for labor, entered to his credit (see §27). 
 
 (2) Application of the savings.— (a) Special indemnification (§7 under 2); (6) 
 expenditures for postage, fees to letter carriers, etc.; (c) expenditures for damages 
 caused by the prisoner in attempts to escape, or by willfulness or negligence, or by 
 others through his connivance; (d) expenditures of an exceptional character per- 
 mitted by the director (§40), or for aid of relatives in need, or for furnishings at 
 release, or parole, or provisional release; (e) only out of his own means, and that 
 only so far as they already exist, may such expenditures be met, as: Costs of obli- 
 gations for maintainance; costs of courts and advocates; compensation for damages 
 done outside of the institution; costs of transportation caused by persons escaped or 
 released; taxes and duties; fines, etc. 
 
 (3) Principle for assignment of expenditures of savings (S, a-i).— Expensesare paid 
 only out of prisoner's own savings, and when these are inadequate, out of his reward 
 for labor. 
 
 (4) Lump sum given at release.— The ministry fixes a sum for costs of travel and 
 immediate support for released or conditionally released men. So long as this sum 
 
40 MODERN PRISON SYSTEMS. 
 
 is not secured, the expenditures under 2, d are not permissible except for weighty 
 reasons. This lump sum is 8 mark, but additions may be made if necessary. 
 
 (5) Investment of savings on interest is required, and the interest comes into a 
 common fund. 
 
 (6) Savings books are kept for each prisoner; receipts and expenditures, if there 
 is anything to enter. The prisoner is to see the book and complaints are to be heard. 
 The book is closed at time of release; complaints may then be made, but not later. 
 
 Common sa.vings funds. — § 9. (1) Establishment. To this fund flow: (a) reve- 
 nues of the deposits of savings; (6) revenues of the property of the fund; (c) rewards 
 of labor, coming in connection with disciplinary punishments; (d) receipts from 
 other sources. 
 
 (2) Purpose of the fund. — The immediate object is to assist such prisoners as have 
 no savings, or inadequate savings, during their stay in the institution, during their 
 parole or conditional release, or at final release; in exceptional cases after release. 
 The director has discretionary control of this fund, with responsibility to the min- 
 istry of the interior. The ministry reserves the right to make additions and changes 
 and adjustments between different institutions. 
 
 EEGTJLATIONS KELATING TO HIEING OUT PRISONERS FOE AGEICtJLTUEAL LABOE. 
 
 1. Prisoners may be hired out in special cases for outside labor without order from 
 the ministry: (a) from prisoners for men and the institution at Sachsenburg, except 
 cases coming under (2) ; (6) from the women's prisons and correctional institutions 
 and the men's correctional institution at Hohenstein and at Badeburg. The applica- 
 tions of landlords for laborers are to be met as far as possible. 
 
 2. In the case of the men's prisons and the Sachsenburg institution previous per- 
 mission of the ministry is required when the prisoners must pass the night outside 
 the institution. 
 
 3. In any case the director is held responsible for carrying' out the provisions of 
 the sentence or term of correction, and, in particular: (a) the prisoners working out- 
 side must be kept apart from free laborers (Penal Code, §15, 2 and §16,3); (6) silence 
 must be observed and all disciplinary requirements rigorously enforced; (c) no pris- 
 oners who are untrustworthy can be employed; {d) prisoners of common prisons can 
 not be so employed without their own consent (Penal Code, § 16, 3). If a man once 
 gives his consent he can not recall it, but must work out for the whole time to which 
 he has agreed. 
 
 4. In institutions where special regulations are necessary in relation to security 
 it is understood that these will be carefully observed when prisoners are hired for 
 outside labor. 
 
 5. In hiring prisoners for any kind of outside labor they shall be divided into 
 companies so that not less than 10 men shall be under the supervision of one guard. 
 Only in peculiar circumstances are exceptions permitted. Less than 8 prisoners 
 shall never be under one guard. 
 
 6. Hiring shall not extend beyond the calendar year, or, if there is a time con- 
 tract, for longer than three months. The institution has the right to bring the con- 
 tract to instant termination for any of the following reasons: {a) when the employer 
 is changed; (6) when a manager loses legal qualifications; (c) when the manager 
 passes a payment; (c?) when he brings lajaor to an end in a way injurious to dis- 
 cipline; (e) when he in any form sublets labor; (/) when the institution is removed 
 or there are changes in its constitution, or when war or riot makes the continuance 
 of the work under the contract impracticable; {g) when the manager is disrespectful 
 to an officer of the institution, or permits acts of disrespect on the part of relatives 
 or employees; {h) when a manager or his representative uses violence against a 
 prisoner. 
 
 7. Wages are paid by time, not by piece. In forest administration piece wages 
 may be fixed, but the equivalent in time wages must be determined. 
 
 8. A rate of wages shall not be asked which will prevent the hiring of labor, but 
 no manager can have work done at a lower rate than the equivalent in free labor. 
 The interest of the finances of the State as well as those of free labor require that the 
 full market rate be demanded. 
 
 9. In accordance with (8) there is a twofold minimum limit: (a) the rate of 
 wages may not be lower than that which is customary for free labor of the same 
 kind at the same time and place for free labor (male, female, youth, adult); (6) the 
 rate of wages shall be high enough to secure the same income for work outside as the 
 prisoner would earn inside, if work inside can be supplied. The average value of 
 the labor may also be tested by the average of the last or next to the last calendar 
 
MODERN PRISON S"S STEMS. 41 
 
 year, for labor inside the institution by day and head. * * * Under this mini- 
 mum (6) the rate of wages shall not go, even when the customary rate would be 
 lower. If a higher rate than this minimum can be secured it is not considered. 
 
 10. If supplies are furnished by the employer they are credited to him at the rate 
 at which it would be ordinarily reckoned on the books of the institution. * * * 
 
 11. Expenses for guards and officers are not charged to the employer, but are paid 
 out of the funds of the institution. For expenses for transportation, shelter, medical 
 care, for prisoners and officers, supplies of food for guards and for prisoners on free 
 days, a contract shall be made to cover what is absolutely necessary. The employer 
 is not to be credited with sums from which the institution derives no benefit. 
 * * * If the employer gives bread, beer, coffee, butter, or fats, which would not 
 be given without consent of the director, and are not included in the contract for 
 prison supplies, this expense will not affect the wages. 
 
 12. The employer of outside prison labor must pay for all the time of men which 
 is at his disposal. Excepted is the time of regular rest days, or when the prisoner 
 can not work. If the prisoner stays with the employer at his request, when he 
 could have rested in the institution, the employer is not paid for provisions supplied. 
 On the vouchers the facts are stated. In outside labor without night shelter the 
 employer has to pay for time which the prisoner spends outside the institution: 
 Three hours is counted one-fourth of a day; six hours is counted one-half of a day; 
 nine hours is counted as three-fourths of a day; over nine hours is counted one day. 
 
 13. Every case of outside employment is to be reported to the ministry of the 
 interior on prescribed forms. 
 
 14. The same principles apply at Sachsenburg. 
 
 Cake of Health. 
 
 Extent of maintenance. — § 37. (1) Promdons from the institution. — As a rule the 
 institution supplies to the prisoner only that which is necessary to support life, to 
 preserve health, and maintain industrial efficiency. The ministry of the interior 
 fixes by regulations what further is to be given to the sound and to the sick. 
 
 (2) Further grants beyond what is regularly given or varies therefrom is only 
 exceptionally permissible according to the rule in § 40. 
 
 (3) The supply of one's own food or apparel or bed clothing may be permitted 
 only in ordinary prisons, and only to prisoners in cells who belong to the first or 
 second disciplinary class and who have not lost civil rights, with the understanding 
 that the permission is not inconsistent with order and security in the institution; 
 that, further, there are special reasons in the habits and relations of the person on 
 account of which the denial of the favor would make the punishment unusually 
 severe for the individual; and that, in addition, the increased cost shall be secured 
 in advance. This supply is permitted only when it comes from without through the 
 institution, and may not exceed the limits of moderate enjoyment. The furnishing 
 of one's own food and the use of one's own clothing and bedding may be permitted 
 separately or in connection with each other. 
 
 The director may withdraw the privilege at any time, but in such cases he reports 
 the action to the ministry of the interior. In cases of youthful prisoners this privi- 
 lege is not ordinarily suitable and must be reserved for exceptional instances. 
 Where there is a saving to the institution in the cost of diet, clothing, etc. , the prisoner 
 is not to be credited with it. 
 
 Diet. — § 38. (1) Regulations of food will determine for each diet class (sound and 
 sick) and each meal time, the kind and quantity of food. 
 
 (2) Bread pm-tion.— The regulations of food determine the maximum bread por- 
 tion which may be given the prisoners. The determination of the bread portion for 
 each individual, up to the regulation maximum, is made by the director with due 
 consideration of the physical strength and the labor of the prisoner,, but the counsel 
 of the physician must be heard, and he may make suggestions. Additions to 
 the bread portion beyond the food regulations at cost of the institution are not 
 permitted. 
 
 (3) Meal times. — The prisoners, so far as they are not in separate cells, eat together, 
 each one at a seat assigned him. For taking the three meals, including the time 
 given to devotions, one and one-half hours are daily set apart. To consume a second 
 breakfast and vesper bread, for which a part of the daily bread portion may be kept, 
 each prisoner can have a quarter-hour. The time of the meals is fixed by the 
 director. 
 
 Clothing: and beds. — §39. (1) Regulations for clothmg and beds con tarn the 
 rules for clothing, the distinguishing marks for each disciplinary class, the under- 
 
42 MODEEN PRISON SYSTEMS. 
 
 clothing of all sorts, and the articles which belong to the bed, and also the number 
 of each kind which must be supplied, how many may at the same time be given to 
 the prisoner, and how often they may be changed. 
 
 ( 2) The giving out of fresh underclothing is made according to rules of the director. 
 
 Special allo-wances to prisoners who are not sick, in relation to diet. — § 40. 
 (1) Special grants of food may consist of sick diet of the first class, bread for the 
 sick, and special delicacies. Sick diet and bread for the sick may be granted by the 
 director, but only on the advice of the physician (§47). The expense is borne by 
 the institution. Special delicacies are usually confined to butter or fat, milk or beer, 
 and may be approved by the director only (a) as reward to prisoners of the first and 
 second disciplinary class (§23), or (6) on medical advice, with reasons given. The 
 expense is never to be borne by the institution, but must be met either from the 
 savings account of the prisoner (§8, 1-2) or quite exceptionally from the general 
 savings fund ( § 9) . The grant from the director must always be for a limited period, 
 but never longer than fourteen days. Repetition on the advice of the physician 
 presupposes a new medical opinion and reasons for it. 
 
 (2) Special articles of clothing and bedding. — Allowances by the director may be 
 made only upon medical advice for a period, or under some circumstances also for 
 the duration of the imprisonment (§ 47). The expense can never be borne by the 
 institution, but inuBt come from the savings of the prisoner (§ 8, 1-2), or, quite 
 exceptionally, from the general savings fund (§9, 2). 
 
 Cleanliness. — §41. (1) Rooms arid contents. — All rooms, clothing, bedding, and 
 other articles for the use of the prisoners are to be aired and cleansed as often as 
 necessary, according to regulations made by the director. 
 
 (2) Cleansing of the body. — Every prisoner in the morning must wash the upper 
 parts of the body and comb the hair or arrange it according to prescribed rules. 
 Face and hands are to be washed also before the noon and evening meal. Once a 
 week he must thoroughly wash the entire body, for which warm water is to be 
 provided. Prisoners of the penitentiary and correctionals, whose beard has been 
 removed at reception, are to be shaved as often as necessary, and their hair shorn. 
 In the case of convicts in ordinary prisons the beard must be shaved and the hair 
 cut as often as is required for tidiness. Each prisoner receives a certain amount of 
 soap for bathing purposes and must use it exclusively for this purpose. The quantity 
 may be in individual cases increased. 
 
 (3) Responsibility of the older prisoners. — Those older prisoners who are charged 
 with the oversight of cleanliness have to supervise the prisoners under their care, to 
 help the aged and infirm, to examine all untidiness, and to report at once all 
 instances of neglect in this matter under penalty of punishment and loss of their 
 trust. 
 
 (4) Those who are infected with vermin are to be subjected to thorough cleansing, 
 together with all articles used by them which are likely to harbor the vermin. 
 
 (5) Baths. — Prisoners shall, as a rule, take a bath once a month. In the summer 
 the baths of the male prisoners, when this is practicable in local conditions and 
 seems to be adapted to the health of the individual, may take place, according to 
 circumstances, in a stream or tank. 
 
 Enjoyment of open air. — § 42. (1) Duration and time of day. — At least one hour 
 a day shall be set apart for exercise in the open air for prisoners in health who are 
 not occupied outdoors. The hours for this are selected according to conditions. 
 Prisoners not engaged outdoors, but still in fresh air — for example, in ventilated dry- 
 ing rooms and the like — as well as those whose occupation is not regularly but only 
 in part in the fresh air — for example, where the work is at some distance away — may 
 have the time thus passed in the fresh air reckoned as exercise in the open, so far as 
 the physician does not object. Exercises in the open may be divided into shorter 
 periods for the individual prisoner, so far as the physician approves. 
 
 (2) Exceptions to the foregoing regulations may be permitted only so far as is 
 required by the weather, as judged according to the condition of the individual 
 prisoner, and during the infliction of punishment under the rules found in § 19. 
 
 (3) Form. — Exercise in the open air may, when approved by the physician, be con- 
 nected with gymnastic exercises, especially in institutions for youthful prisoners, and 
 with occupation at light work, chiefly in the open air, which demands rather exercise 
 than a strain of the physical powers, and therefore has the character of an occupation 
 which assists the purpose of movement out of doors. 
 
 Best at nig'ht. — § 43. (1) Duration. — The prisoners shall enjoy at least six and at 
 most nine hours of nightly rest, according to their occupation and the season. 
 
 (2) Thne. — ^The hour at which the prisoners retire in the evening and at which 
 they rise in the morning is determined by the director. 
 
MODERN PKI80N SYSTEMS. 43 
 
 CABE OV HEALTH, AND DISEASE — OASES OF DEATH. 
 
 General sanitary conditions.— §44. (1) Beports to the direcim-.— -All actions 
 which have any bearing on the conditions of health in the institution are to be 
 promptly made known to the director by the physician and other officers. 
 
 (2) Information in relation to such matters, as well as of outbreaks of epidemics, 
 is to be given to the ministry of the interior as early as possible, together with an 
 account of the immediate measures which have been employed. 
 
 Notification of illness.— § 45. (1) Medical relief.— When a prisoner reports him- 
 self to the overseer as needing medical help, this fact is to be made known to the 
 physician in writing, and the physician at the proper time makes an examination 
 and takes the necessary measures. 
 _ (2) Cases of urgent need. — When there is sudden and severe illness, accident, sui- 
 cide, or attempt at suicide, the physician is to be called at once and is to hasten his 
 efforts as far as practicable. 
 
 (3) Simulation. — "When a prisoner is suspected of simulation he is to be carefully 
 observed by the physician, and if the suspicion is well founded, the fact is to be 
 reported to the director. Physicians are also to report on cases of disease which 
 had an earlier origin and which may have influenced previous judgments of a 
 prisoner. 
 
 The sick. — § 46. (1) Meaning of sickness. — The sick person, in the meaning of the 
 regulations, is only that prisoner who, upon medical order, is sent to the infirmary. 
 The director may send a sick man to a cell for care and treatment, for reasons of 
 security, or on other grounds; and in this case, so long as the prisoner is in need 
 of medical relief, the cell is reckoned part of the infirmary. 
 
 (2) BisposUion and separation. — The physician decides at the transfer to the infirm- 
 ary what place shall be assigned. Surgical cases, epileptics, and those affected with 
 contagious diseases are to be separated from other sick persons on medical advice. 
 The physician decides how far the articles which have been in contact with such 
 diseased persons may be used after careful disinfection or whether they shall be 
 destroyed. 
 
 (3) Treatment and care. — All the measures for the treatment, care, and nursing of 
 the sick are to be fixed and supervised by the physician. He must use all proper 
 economy and keep the diet within the limits of the regtilations. 
 
 (4) Designation of the sich bed. — Over the bed of every patient a tablet is to be 
 placed, on which shall be inscribed the clothing number of the patient, the day he 
 went to bed, and the diet prescribed by the physician. 
 
 (5) Attendants of the sick. — For nursing the sick, so far as employees are not 
 assigned to the task, the director may detail a proper number of suitable prisoners, 
 and the reasonable wishes of the physician are to be regarded. Male prisoners are 
 to be attended by men, and female prisoners by women. 
 
 (6) Cases of immediate notification. — When a patient desires the communion or 
 wishes to speak with the director or chaplain, the attendant must give notice forth- 
 with to the overseer. When there is immediate prospect of death, due notice must 
 be given to the chaplain. 
 
 (7 ) Treatment of sick prisoners ouldde the institution of punishment or correction. — When 
 the condition of a sick prisoner indicates the need of a special medical treatment which 
 can not be afforded in the institution, notification and recommendation is to be sent 
 to the ministry of the interior. (In relation to the insane, see § 49. ) 
 
 In respect to tuberculosis the following measures of the National Medical College 
 are to be observed: (1) As far as practicable the prisoners who are affected with 
 tuberculosis, especially those who are not yet in an advanced stage of the disease, 
 are to be separated from the healthy men, and the physician is to take particular 
 pains in watching for such cases. (2) Thorough disinfection of the clothing and 
 iDedding of those affected, after every use, according to methods determined by the 
 piiysician. (3) The vessels used for expectoration are daily to be filled with water. 
 (4) The cells and rooms are to be cleansed and disinfected at every change of 
 inmates when there are reported cases of tuberculosis. (5) Prisoners who are 
 thought by the physician to be affected shall not be employed in making articles for 
 use. (6) Prisoners who are coughing shall not expectorate in handkerchiefs nor in 
 a room, but only in receptacles which contain water. 
 
 Syphilis. — The transfer of syphilitic patients to the infirmary simply for the sake of 
 their isolation from the other prisoners to avoid contagion, is not recommended in 
 all cases, unless the condition of the patient requires him to go to bed. In case the 
 patient is able to work he shall be kept busy, apart from others, if the physician 
 regards it necessary. All this must be considered when suspension of punishment 
 of a syphilitic prisoner is proposed. 
 
44 MODERN PET80N SYSTEMS. 
 
 Consideration of work and mainteiiance under medical suggestion. — 
 
 §47. (1) Procedure of the dmctor. — Those prisoners, and especially convalescents, 
 who, without being actually ill, seem to require special attention in relation to labor 
 or food on account of health, may receive it from the director when it does not con- 
 flict with the purpose of punishment and the order of the institution. 
 
 (2) Procedure of the physician.— On the other hand, the physician must keep in 
 mind that such considerations may be admitted only when the health is seriously in 
 danger, and never barely for the sake of convenience and lightening of the penalty. 
 
 Female prisoners about to become mothers, and children born in the 
 institution. — § 48. (1) Those about to become mothers. — In the institutions for female 
 prisoners arrangement is to be made so that women, on the approach of their confine- 
 ment, when sentence is not suspended in anticipation, which should be done so far 
 as possible, may be given proper accommodations. 
 
 (2) Children bom in the institution. — The director may, upon understanding with 
 -the physician, after carefully considering the personal situation of the mother and 
 child and putting aside all reference to the labor value, of the mother, determine in 
 relation to the rearing and removal of the child out of the institution. In the record 
 of the birth all allusion to the fact that the mother was in prison when the infant 
 was born shall be omitted, so that the child in after years shall not be compelled to 
 endure this disgrace. 
 
 The insane. — §49. (1) Medical examination. — Prisoners whose mental condition 
 awakens doubt are, so far as necessary, to be isolated and secured until a medical 
 judgment can be based on observation. 
 
 (2) Medical recommendation. — As soon as the presence of mental disturbance is 
 beyond question, the physician is to render an opinion on the following points: 
 (a) Whether a recovery is to be expected, and when this is not the case; (6) whether 
 a punishment is likely to effect its purpose; (c) whether the prisoner seems, on 
 account of his mental condition, to be dangerous to others and therefore should be 
 held in an asylum; (d) whether the prisoner may be cared for by private persons or 
 poor relief officers; (e)whether the prisoner may be transported. If the physician 
 is not able within a month from the beginning of his observation to reach a decisive 
 judgment, he must at any rate formulate a statement to the director. 
 
 (3) Reports.— The medical opinion is to be laid at once before the ministry of the 
 interior. If, afterwards, the cure of the mental disturbance seems improbable, then 
 the director is to recommend (a) whether the purpose of punishment is likely to be 
 effected; (6) whether the patient can safely be left to private or public charity. 
 These recommendations of the director are not to rest solely on the medical opinion, 
 but also on the records of the case, on his own observations of the prisoner, on his 
 previous life and personal character, and especially on considerations relating to the 
 execution of the penalty or correction, and to the appropriate considerations as to 
 rules of security, welfare, and morality. 
 
 (4) Further procedure. — Curable insane and those incurable who can not properly 
 be subjected to punishment are as soon as possible to be removed from the institution 
 of punishment or correction. 
 
 Cases of death. — §50. (1) Notification. — As soon as a prisoner dies information 
 is to be sent to the board which sent him, to the nearest relations, so far as their 
 residences are known, and to the communal board of his last place of residence. 
 The chaplain, the Catholic clergyman, or the Jewish rabbi at Dresden, according to 
 the confession, is to be notified. 
 
 (2) Announcement in church. — At the first religious service in the month there is 
 an announcement of the deaths which occurred during the previous month, with 
 mention of the number, but not of the names, with petition of a general nature and 
 awakening words for the living. No specifications which distinguish persons shall 
 be given. 
 
 (3) Delivery for anatomical study. — The bodies of the penitentiary convicts, of cor- 
 rectionals who have been delivered on the basis of § 362 of the Imperial Penal Code, 
 and such prisoners of ordinary prisons as have already served sentences in a peni- 
 tentiary or had correctional supplementary sentences, will, if the season permit, be 
 given over to the anatomists, from whom the cases will be reported to the director. 
 Exceptions may be made by the director in suitable conditions if the burial expenses 
 are provided for. 
 
 (4) Autopsy. — Every corpse which is not given to the anatomists shall be opened 
 by the physician. In cases where the interests of the institution or of science may 
 be served, the autopsy may be held before surrender. The results shall be recorded. 
 
 (5) Surrender of bodies of prisoners to relatives. — On request of relatives the corpse 
 may be given up by the director, but all special ceremonies outside of the institution 
 
MODERN PRISON SYSTEMS. 45 
 
 must be omitted. The institution may not incur any expense for transportation. 
 The police authorities of the locality where the burial is to take place are to be 
 notified with order to watch that the conditions are met. 
 
 (6) Burial — All bodies which are not surrendered or given up to relatives shall be 
 buried in the cemetery under the supervision of an overseer. The chaplain is to be 
 present at the place and officiate in a suitable manner. If the chaplain does not 
 reside in the institution he is to be given prompt notice. 
 
 (7) Marking the grave.— The graves of prisoners in the cemetery of the institution 
 are to be marked by a mound and a number, but any further designation or decora- 
 tion, is forbidden. 
 
 (8) Sending a record. — The records of every prisoner who dies in the prison are to 
 be sent, at the latest in the month following the death, to the ministry of the interior. 
 In this record must be noted (a) the pages relating to sickness (§52, 2); (6) a brief 
 medical statement relating to the duration, the probable cause, and the process of 
 the disease; (c) a statement of the kind of labor which the deceased had done in 
 the institution; (d) the results of the autopsy (3, 4). 
 
 Articles left by the deceased. — §51. (1) Articles belonging to the deceased 
 which are left in the institution become its property. 
 
 (2) Savings of the deceased, so far as they are his own means (§8, 1, a), and 
 property outeide of that left in the institution will be paid into the general fund, in 
 so far as they are not claimed for expenses of maintenance or indemnification (§7,2), 
 when there is an heir, in case the amount, reckoning in cost of sending, is 1 mark 
 or over. In respect to the rewards of labor compare § 28, 1, a and 2. 
 
 Medical notices. — § 52. (1 ) Schedule of the sick. — Every sick person (§ 46, 1) is to 
 be registered after a prescribed form in the list. 
 
 (2) Sick record. — An account of each patient is to be kept according to prescribed 
 forms. 
 
 (3) Summaries. — The physician shall make this record complete and it shall be 
 sent, after being signed by the director, to the minister of the interior. 
 
 Education. 
 
 Kelig'ious exercises in general. — §30. (1) Daily devotions. — Daily after break- 
 fast and after evening meals there shall be held in the dining room brief exercises of 
 devotion, without distinction of confessions, consisting of common song and reading 
 of a suitable passage of the Bible, or an edifying and instructive meditation. Details 
 are left to the chaplain, who must, however, bring the proposed order to the knowl- 
 edge of the director. In addition, there shall be before and after each common meal, 
 a saying of grace by a proper person among the convicts. In the infirmary, so far as 
 possible, in the morning, at noon, or in the evening before the distribution of the 
 food, a prayer is offered by an attendant or a patient. 
 
 (2) Attendance upon divine service. — The prisoners who are in health are to attend 
 the divine service of their confession of faith. With permission of the director, which 
 can be granted only for urgent reasons, with notice of fact and cause given to the 
 chaplain, a prisoner in health may remain away. Under certain circumstances, when 
 the security of the institution or of the persons therein seems endangered by a general 
 service, the director may take any measures which seem to be made necessary to pre- 
 vent the danger, and this may include suspension of attendance upon divine service 
 temporarily, on the part of an individual or of all. Various orders of Council of State 
 regulate confirmation and communion of youthful prisoners, change of confession, etc. 
 
 Evangelical prisoners. — §31 (1) Ihvine service.— On every Sunday, holiday, 
 and fast day a divine service will he held for the prisoners of Evangelical confession 
 who are well; or, so far as this is not practicable, exercises of devotion. In addition, 
 twice in the month, on work days, a divine service is held in the form of catechisation 
 or religious conversation, connected with exercises in church songs by the prison 
 congregation. 
 
 (2) Bburs of prayer of the sick. — For those sick persons who can take part in it a 
 prayer service will be held on Sundays, holidays, and fast days, by a chaplain or 
 teacher. 
 
 (3) Celebration of the communion.— The holy communion will be offered six weeks 
 after previous confession, and participation is voluntary. 
 
 Catholic prisoners.— § 32 (1) Divine service will be held for CathoMc prisoners 
 by a Catholic clergyman as often as practicable, so far as they can not take part in 
 Catholic worship in the locality. On other Sundays and holidays, when it can not 
 be conducted by a Catholic officer, a prayer service will be read by a Catholic pris- 
 oner. The selections chosen for this purpose are first to be approved by a Catholic 
 clergyman, and also be made known in advance to the director. 
 
46 MODERN PEI80N SYSTEMS. 
 
 (2) Holidays. — In relation to work the Catholic prisoners celebrate the same holi- 
 days as the Evangelical, and in addition the Annunciation of Mary, Corpus Christi 
 Day, Saints Peter and Paul, Assumption of Mary, Birth of Mary, All Saints, and the 
 Conception of Mary. 
 
 Jewish prisoners.— § 33. (1) Holidays.— For Jewish prisoners the Sundays, holi- 
 days, and fast days of the Evangelical prisoners count as rest holidays, and in addition 
 the following eight principal Jewish hohdays: Two New Year's days, Day of Atone- 
 ment, first and eighth days of Tabernacles, first and eighth days of Easter, and the 
 first day of the Feast of Weeks, even when these days do not fall at the same time 
 with the Christian Sundays or holidays. 
 
 (2). Seligious exercises. — On Friday evening, as well as on the morning of the Sab- 
 bath, and on the evening before their high festivals an hour will be devoted to the 
 common worship of the Jewish prisoners, who must use the German language, and 
 a special room shall be set apart. The eight holidays named shall be passed, free 
 from labor, in accordance with their forms, in prayer, exercises of devotion, and 
 reading of edifying publications, in a room separated from the prisoners of Christian 
 faith. On the Jewish Easter festivals the sending fro»n outside of special foods, 
 which have been prepared according to the particular religious usages of the Jews, 
 is permitted. These are to be given the prisoners, after taking necessary precau- 
 tions. In general in the preparation of food consideration must be exercised in ref- 
 erence to the preparation of food for the Jewish prisoners, according to the prescribed 
 forms. 
 
 The director is to see strictly to it that the Jewish prisoners observe their holidays 
 and devotions in a seemly and appropriate way so far as they are known. To this 
 end and for disciplinary purposes the director is empowered, as far as he thinks 
 needful, to have the common acts of devotion supervised, or when they lead to 
 impropriety to temporarily suspend them. 
 
 It is also arranged that the rabbi at Dresden shall visit, at least once a year, each of 
 the institutions where Jews are found, to observe and consider the religious needs 
 and to conduct religious exercises for them. The rabbi of Dresden is to be notified 
 when Jewish prisoners are in an institution, and he shall be paid out of the funds of 
 the institution for his visits: atWaldheim, up to 24 mark per visit; Zwickau, 36 
 marks; Sachsenburg, 24 mark; Voigtsberg, 40 mark. 
 
 Special forms of spiritual help. — §34. (1) For the prisoners in general. — The 
 chaplain is to make himself acquainted with the spiritual condition of each prisoner, 
 so far as possible, and by personal conversation, as frequently as may be, show them 
 the way to improvement. To further this coimsel the chaplain is to be informed as 
 early as possible of important matters relating to the prisoners. 
 
 (2) Prisoners in solitary confinement must be visited frequently, and an effort 
 made on every opportunity to work upon their disposition. 
 
 (3) Dissenters. — How far the chaplain is to direct his efforts to dissenters is to be 
 judged according to the personal traits of the man, and must be decided by the dis- 
 cretion of the chaplain. 
 
 Instruction. — §34. (1) Parlicipaiion in instruction. — Youthful prisoners will be 
 instructed in those subjects which are taught in the public schools (Volkschule). 
 The adult prisoners who are not yet 30 years old, capable of receiving benefit, and 
 whose primary education was neglected, may receive the necessary instruction as 
 far as practicable. Instruction in music is given only to those prisoners who have 
 capacity for it. The director on the suggestion of the chaplain or in agreement with 
 him, decides which prisoners are to be taught and in what subjects. The cessation of 
 instruction is determined by the director on the suggestion of the chaplain or by under- 
 standing with him. The chaplain is to have an understanding with the teacher. 
 
 (2.) Plan of instruction. — The director and the chaplain, after consulting the 
 teacher, draw up a plan of instruction. This plan and any changes in it are to be 
 communicated to the ministry of the interior. 
 
 Occupation on Sundays, Fast days and Holidays. — § 32. (1) Cessation of 
 regular work. — On Sundays, holidays and fast-days there is no ordinary labor period. 
 Exceptions are permissible only when there is necessary house-work to be done, or 
 when, according to the discretion of the director, the circumstances require tempo- 
 rary continuance of the work, especially in agriculture. In such cases the reward 
 of labor is not to be credited to the prisoners. 
 
 (2.) Permissible and suitable occupations. — The reading of edifying publications or 
 of other writings which have an educational value for the disposition, according to 
 the selection and direction of the chaplain; the hearing of lectures or recitations 
 of the same kind; participation in the hour of instruction set for these days, as well 
 as for other instruction which passes the limit of § 35; repairs of the articles of the 
 institution given oijl; for the use of prisQixers, as, v?U as of the wearing appaiel givea 
 
MODERN PRISON SYSTEMS. 47 
 
 them for use; occupation which furthers the education of the prisoners, which has 
 nothing in common with his ordinary labor, and is consistent with the order of the 
 institution; exercise in the open air, which in some circmhstances may be extended 
 beyond the usual measure. 
 
 Discharged Pkisonebs. 
 
 Preparation for release from prisons when police supervision is admis- 
 sible. — § 53. When the court has declared that police supervision is legally admis- 
 sible, the director, upon the approach of the day of release, is to give notice, with his 
 own recommendation, to the county board in whose district the authority who is to 
 receive him has its seat. To this report the records of the prisoners are added. If 
 the county board decides to place the released man under police supervision, the 
 director informs him in accordance with the communication of the county board. 
 
 Presuppositions in case of release of correctionals. — § 54. (1) Duration of the 
 correction. — The correctional supplementary sentence is not to be extended beyond 
 two yea,rs, nor beyond any shorter time fixed by the police board. The time of the 
 release is not to be counted in the two years nor in the shorter term. Youthful per- 
 sons, who are not serving supplementary sentence, but on the basis of § 56 of the 
 Penal Code, or in consequence of being transferred from the institution of the district 
 for morally^ imperiled children, or otherwise sent on order, may not be retained in 
 the institution beyond the twentieth year of age. 
 
 (2) Shortening of the correctional time. — The decision in respect to the release of a 
 correctional before the time named in 1 has expired: (o) In case of supplementary 
 correction, belongs to the county board on whose order the prisoner was sent; (6) in 
 other cases to the ministry of the interior. 
 
 Therefore the director when he thinks the time come for the release of a correc- 
 tional before the time mentioned in 1, either after a prisoner's release or, exception- 
 ally, without such, after hearing the council, shall send a report and recommendation, 
 together with the records of the correctional, to the appropriate authority {a or 6). 
 In this connection regard is had to the conduct and disposition of the correctional as 
 well as to attending circumstances, season of year, prospects of employment, etc. 
 The duration of the correctional supplementary sentence will not be reduced below 
 half the time fixed by the police authorities of the district and never under three 
 months, and in general only then when the conduct of the correctional justifies the 
 expectation that the object of the supplementary correctional sentence may be 
 attained in a shorter period than the one assigned, or when there are grounds in the 
 circumstances of the family and employment of the correctional which make the 
 shortening of sentence desirable. 
 
 In respect to correctionals who are to be sent out of the country at their exit from 
 the institution (§57, 3, 4, 5), or in reference to whom it is surely expected that they 
 although not sent out of the country will go out and not return, the report on release 
 shall be sent as soon as possible, and in no case shall be delayed beyond three months 
 from the day of release. This last-mentioned procedure may also be applied to such 
 correctionals as belong to the country who have endeavored to secure committal to 
 the correctional institution for temporary support. Only here it remains within the 
 discretion of the director whether. in place of a report of release there shall be a 
 parole at once. 
 
 (3.) Lengthening of the supplementary correctional sentence. — On the other hand the 
 supplementa;ry correctional sentence fixed by the district police authorities at less 
 than two years, in case of bad conduct during the period of sentence or of parole, 
 may be extended upon advice of the director. If the director regards such extension 
 as necessary he is to recommend it to the district police board. 
 
 (4.) Release luithout previom notification.— li the correctional reaches his twentieth 
 year during the correctional sentence before the end of a term of two years, or of a 
 shorter term fixed by the poUce board of the district, or in case of youthful persons 
 who have not served a supplementary correctional sentence, then_the correctional is 
 to be released without previous notification, and a report of this fact goes to the 
 county authority where it is a supplementary sentence, otherwise to the ministry of 
 the interior. .„,,,., 
 
 Release.— §55. (1) Time of rfJease.— The prisoner will b 3 released on the morn- 
 ing of the day on which his sentence expires, and he receives on this day only his 
 customary breakfast. When several persons are released on one day an exception to 
 the foregoing rule may so far be made in respect to the time of day as is necessary to 
 reduce the difficulties of the police in dealing with a considerable number. In gen- 
 eral the time of discba^rge shall pqt be mad^ Snown to other prisoners when it can, be, 
 avoided. 
 
48 MODERN PBI80N SYSTEMS. 
 
 (2) Warning. — Before his discharge the prisoner is to be warned of the conse- 
 quences of a repetition of his offense. In the case of men who are to be sent out of 
 the country, it is to be noted on the certificate of release that, in case of violation of 
 rules and return to Saxony, the penalty announced in §§ 361-2 of the Penal Code is to 
 be expected. 
 
 (3) Abilily to travel. — The physician decides in each case before release whether 
 the prisoner is able to travel or whether he can and should be transported. 
 
 (4) Sick peirsons not able to travel who remain in the institution until they are 
 stronger, shall be removed from the list of prisoners and no longer treated as such, but 
 they are subject to such restraint as the director thinks necessary. If any damage 
 arises out of neglect of the prescriptions in § 39, ff. of the poor relief orders of Octo- 
 ber 22, 1840, those officials are held responsible who knew of the sickness of the pris- 
 oners but failed to give timely notice to the director. 
 
 (5) Savings, articles of property, personal certificates, and rewards of labor (cf. § 
 56). — Savings funds from their own means, and property held for the prisoner by 
 the institution, so far as not required to cover the cost of maintenance or indemni- 
 ties are to be handed over to the person released; but when there is transportation, 
 to the oflScers of transportation, or in the presence of the released person to the agent 
 of the carriers. Articles, in respect to whose restoration there is occasion for doubt 
 for reasons of safety or morality, are to be handed over to the police board of the 
 place where the institution is situated, with an inventory. The personal certificates 
 of the person to be released, kept in the institution, in case there is a compulsory pass, 
 are to be sent to the police board of the place of destination, or if it is an order to or 
 through Austria-Hungary, to the police of his home residence. But if there is trans- 
 portation it shall be given to the carrier, it may be by the hand of transporting agents. 
 
 (6) Money for travel.— %o far as the means of the person to be released do not suf- 
 fice to cover the cost of the journey and immediate support, there will be given a 
 lump sum, and so far as this also is insuflScient, out of the general savings fund. But 
 if there is transportation, it will be paid to the official or to the carrying agent in 
 presence of the prisoner. 
 
 (7) Clothing. — If the released person neither possesses sufficient clothing himself, 
 nor means to buy them, the necessary aid will be given out of the general savings 
 fund. 
 
 Procedure with, the reward of labor. — § 56. (1) Sending to proper place. — ^At the 
 release of the prisoner the reward of labor credited to him, so far as it is not already 
 expended to cover expenses of travel or required for immediate expenses is to be 
 sent, at the discretion of the director, according to circumstances, to a suitable place 
 (Society for A-iding Discharged Prisoners, local clergy, or other reliable persons), or 
 to the magistrate of the place of destination, that it may be expended according to 
 the needs of the prisoner or given into his hands. At the same time the prisoner is 
 to be distrnctl)^ informed that he has no claim on this fund; but, so far as not already 
 expended or given to him, it still remains under the control of the director. 
 
 (2) Payment to the discharged person. — When the character of the discharged person 
 is such that there is no reason to fear an improper use of the money on the journey, 
 the reward of labor may be handed to him directly. 
 
 (3) Extra gratuity when a man is sent out of the state. — Those prisoners who are 
 about to be discharged and sent over the border, especially if they are going to their 
 legal settlement outside the Kingdom of Saxony, receive all their savings and reward 
 of labor. In case of transportation the reward of labor, with the other savings, is 
 paid over to the transportation official, or in presence of the released person to the 
 agent of a carrier. 
 
 Future residence. — §57. (1) Assignment. — A place of residence is to be assigned 
 to the prisoner (from penitentiaryj common prison, or correctional institution) before 
 his discharge, so far as practicable, if it is not already fixed by (3), (4), (5), his own 
 wishes being also considered. 
 
 (2) Eeqmrement to go to a certain place occurs only when the released person is 
 placed under the supervision of police (§53), except in cases (3), (4) , (5). " Keleased 
 prisoners to be under police supervision will be sent to the place of legal settlement, 
 unless another is assigned; and, if there is no such place, to that locality in which 
 he lived before being sent to the institution; or, when this delivery was preceded by 
 a term pending trial, in the place of residence before that term began. At the time 
 of release the prisoner is warned that there is a maximum penalty of fourteen days' 
 detention for neglecting to announce his presence to the police in his new place of 
 residence as soon as he enters it, or within twenty-four hours; and that he is liable 
 to the same penalty if he leaves the place without informing the police of the place 
 to which he is going, or in this last place fails to notify the police. 
 
MODERN PRISON SYSTEMS. 49 
 
 (3) Aliens (from penitentiary, common prison, or reformatory) who do not belong 
 to the German Empire shall be sent over the border, except in cases where, on the 
 advice of the director and where there is no ground for doubt, the county court 
 decides otherwise; but if the county court has ordered exile beyond the imperial 
 territory, then he shall be sent out of the Empire. 
 
 (4) Citizens of the Empire, prisoners in penitentiary, common prison, or reform- 
 atory, who do not belong to the Kingdom of Saxony, and on other grounds than 
 temporary incapacity for employment are without occupation, and in no other way 
 <an gain their living and receive no certificate of confidence, are, if they have a set- 
 tlement outside the Kingdom of Saxony or (in Bavaria and Alsace) a residence, to 
 be sent thither. 
 
 (5) Citizens of the Empire, prisoners in penitentiary, common prison, or reform- 
 atory, who do not belong to the Kingdom of Saxony, and who are refused residence 
 (according to § 3, 2, — law relating to free travel) in the Kingdom of Saxony by the 
 county court as police authority of the state, are likewise to be sent over the border. 
 
 (6) Securing reception at home. — Early notice, in case of a remote state, as France 
 or Eussia, if possible five months before release, shall be given, when an alien is not 
 only to be sent away but also referred to a particular place. The records are to be 
 sent to local authorities and an effort made to secure the reception of the prisoner. 
 
 (7) Exile, as indicated under (2-5), takes place when transportation is not neces- 
 sary, without further intervention of the director, even by so much as a compulsory 
 pass, and the certificate of release serves as such pass when it prescribes the route 
 (§58, 1). To the compulsory pass, when the exile is to be to or through Austria- 
 Hungary, is to be aflSxed an authentic copy of the proof of state and settlement con- 
 nections and of the foreign local authorities. If transportation is necessary it is left 
 to the police authority where the institution is located, or, in case of correctionals, 
 to the board which committed the prisoner. 
 
 Certificate of discharge. — § 58. (1) Certificate. — Every person released receives a 
 document in prescribed form in evidence of having served his sentence in prison or 
 reformatory. On the certificate is to be inscribed the amount of money given to the 
 prisoner or his transporter, as well as money for travel. If a certificate of confidence 
 is granted or police supervision ordered, the fact must be noted on the certificate of 
 discharge, and the extent of supervision described. If a prisoner refuses to accept 
 such a certificate of discharge, one must acquiesce; but the police authorities which 
 are to be notified are to receive information of the facts. 
 
 (2) Certificate of confidence. — ^To those prisoners whose conduct in the institution 
 justifies the director in expecting them to avoid conflict with the penal code, will be 
 granted a certificate of confidence, whose value is that it secures for the discharged 
 person the right to reside in a given place without liability to be removed by the 
 police. 
 
 (3) A certificate of character of prescribed form is given to one who can not be 
 granted a certificate of confidence, but whose conduct in the institution has been 
 satisfactory, and this document will contain an opinion as to his conduct in the insti- 
 tution, as well as a general description of his character and moral condition. 
 
 Notification at discharge. — § 59. In case of release of prisoners from the institu- 
 tion (not on parole, §60, 8), notification is" given to: 
 
 1. In all cases to the authority which committed the prisoner, and to the police 
 boards of Dresden, Leipsic, Chemnitz, and Zwickau; and also, 
 
 2. To the local police authority of the place selected for residence, and the district 
 magistrate (in Dresden to both magistrates), (a) in case of penitentiary convicts, 
 when certificates of confidence are not granted, and yet police surveillance is not 
 ordered; (6) in case of penitentiary convicts and men from common prisons, where 
 police surveillance is ordered and exile is not decreed, a certified copy^of the notice 
 of commitment with the full record, and of the decree of the police authority of the 
 covmty ordering supervision. 
 
 3. To the local police and county magistrate of those places where residence of the 
 prisoner is prohibited (in Dresden to both magistrates), notice also being given 
 whether and to what extent police supervision is ordered (2, 6). 
 
 4. In case of penitentiary convicts and men from common prisons when exile and 
 police supervision are ordered, (a) to the local police of the future place of residence, 
 a certified cop;^ of the notice of the record of commitment, and of the decree of the 
 police authorities of the county ordering surveillance; (6) to the police authorities of 
 the place where residence of the prisoner is prohibited, and a declaration whether 
 and to what extent police surveillance is ordered. 
 
 5. To the editor of the Police Gazette (Gendarmerieblatter) in cases under 2, 6 
 and 4, as also with all prisoners where exile from the country-is decreed without 
 police supervision. 
 
 H. Doc. 452- 4 
 
50 MODEEN PBI80N SYSTEMS. 
 
 6. To the pastor of the future place of reaidence and also to the Society for Aiding 
 Discharged Prisoners when the latter is not represented by the clergyman of the 
 future place of residence in cases where exile is not ordered. 
 
 7. All notifications are to be sent in good time before the release, those under (6) 
 at least half a month before discharge. * * * 
 
 8. In the Kingdom of Saxony the local police, for cities with revised city ordi- 
 nances the city councillor, for other cities the mayor, for rural communes the presi- 
 dent of the commune, for independent estates the supervisor of the estate. * * * 
 
 Parole (Beurlaubung) and provisional release of prisoners of peniten- 
 tiaries and of common prisons. — § 60. (1) General regulation. — Parole upon royal 
 decision of grace and provisional release under § 23 of the Penal Code (upon decision 
 of the ministry of justice) can never be claimed as a right by any prisoner. In 
 respect to requests for parole and provisional release see § 62. 
 
 (2) Reports. — In the reports which are to be made to the ministry of justice the 
 director will give his opinion as to these conditions: (a) Whether the prisoner has 
 conducted himselfwellin the institution; (6) whetherhehasgivenproof of improve- 
 ment, so that he may be released with the hope that he will obey the laws and win 
 again the confidence of his neighbors; (c) whether the prisoner has means of sup- 
 porting himself and holding fast to his good resolutions; {d) whether, in case of 
 provisional release, which is limited to prisoners who are undergoing a limited sen- 
 tence in a penitentiary or in a common prison, the prisoner has already served 
 three-fourths of his term, at least one year, in the institution. In this report the 
 records of the prisoner, and the statement that the prison council has considered 
 the matter are to be added. If the director becomes acquainted with circumstances 
 which he considers an objection to release, even after the report and order for 
 release and before the departure of the prisoner, supplementary notification is at 
 once to be sent, and, until further order, the release is to be deferred. 
 
 (3) Departure of the prisoner. — At the departure of the paroled or provisionally 
 released man the prescribed rules (§ 55, 1, 2, 3, 5, 6, 7, and § 56) are to be carried out. 
 It still remains in the discretion of the director, according to circumstances in the 
 interest of the paroled or provisionally released prisoner, to retain a suitable part of 
 his savings fund for a time, at longest until the final release. Instead of a certificate 
 of discharge the prisoner takes with him a paSs, with a note of the route he is to fol- 
 low to his place of residence, on a prescribed form. The directions on the pass are 
 to be distinctly explained to him. 
 
 (4) Notifications, according to a prescribed form, are to be sent to the local police 
 of the place of residence and to the district magistrate (at Dresden to both magis- 
 trates) and to the clergyman of the place of residence. 
 
 (5) A list of the paroled and provisionally released men on a prescribed form is to 
 be always kept at the institution, and on the basis of this list and the entries in the 
 record of release the period of the pass will be controlled. 
 
 (6) Sending in of the pass. — The pass is at latest five weeks, and certainly in case 
 of parole on royal act of^grace before the expiration of the parole, and in case of pro- 
 visionally released men before the expiration of the term of sentence, to be returned 
 to the director. If the report is not sent back and the local police be reminded, a 
 suggestion -of apprehension of the prisoner is made, and information is given to the 
 ministry of justice for the purpose of bringing back the prisoner. 
 
 (7) Kecall. — A prisoner who is brought back from parole or provisional release is 
 at once after his reentrance into the institution to be informed of the reasons. The 
 cost of equipping the prisoner may be paid out of the savings or out of the general 
 fund. 
 
 (8) Final discharge of paroled and provisionally released prisoners. — When a recall is 
 not ordered by the ministry of justice before the expiration of the sentence, or in 
 case of parole on royal act of grace before the end of the parole, then the final 
 discharge follows, with entire removal of the obligations to the institution and with 
 the sending of certificate of discharge, as well as of the certificate of confidence and 
 the savings, so far as the latter remains, to the police of the place of residence 
 to be handed over to the prisoner. The ordinary notifications may be omitted 
 when the person released is provided with a certificate of confidence. 
 
 Parole of correotionals. — §61. (1) Parole as condition of release. — The correc- 
 tionals have ordinarily to pass through an intermediate stage, the time of parole, 
 during which they are subjected to the discipline of the institution. Exceptions are 
 permissible only when (a) a certificate of confidence may safely be granted the 
 correctional with immediate release; (6) when the correctional at his exit from the 
 institution is to be exiled from the country, or, though not exiled, yet will leave at 
 once and not return. 
 
MODKKN PRISON SYSTEMS. 51 
 
 (2) Decisions in relation to parole, -whether and at what time it shall be given the 
 correctional, are left to the director, who must consider the conduct and character 
 of the correctional, and other circumstances, as season of year, employment, etc. 
 One condition of parole is usually the assurance of employment. The parole is not, 
 as a rule, to be deferred so long that in case of recall to end of term of sentence 
 the time will not be long enough to make a further attempt at parole possible. 
 In case of supplementary incarceration the parole shall never occur before the expira- 
 tion of three months after the commitment. In case of youthful persons who are 
 not undergoing supplementary correctional sentence if there be for parole not more 
 than the first half year, then at the expiration of that time, without further delay, a 
 report of conduct is made to the ministry of the interior. 
 
 (3) A situation for the paroled man must be secured by the director in corre- 
 spondence with the police authorities. So far as possible this is to be secured outside 
 of the place of legal settlement and not remote from the institution. Only in cases 
 in which, as with aged, feeble, and incapable persons, a home elsewhere is impracti- 
 cable and further incarceration is not desirable shall the accommodation be left to 
 the poor authorities in the place of settlement. In the case of correctionals the 
 decision of the director in respect to accommodations is final. The paroled prisoner, 
 in case of prolonged change of place, or of an occupation which requires him to 
 travel on business or as an assistant in a craft, must have the consent of both director 
 and police. 
 
 ******** 
 
 (5) Duration of parole. — This is usually one year. If at the expiration of the parole 
 neither discharge nor recall is advisable, the director can extend the parole from 
 year to year or make it a shorter time. The director in such cases must set down on 
 the pass the proper additions and send notifications, as at the original parole. 
 
 (6) Procedure when the parole pass is field back. — When the pass of a paroled person 
 has not come in by the twenty-eighth day before the expiration of the parole the 
 director proposes to the police of the place of parole the immediate redelivery of the 
 paroled person if the holding back is due to his own fault, and at the same time pro- 
 poses an apprehension of the person if he should remove from the place voluntarily. 
 
 (7) The recall of a paroled person may occur when his conduct does not conform 
 to the conditions of parole. Decision belongs to the director. This applies in par- 
 ticular when the paroled person has a term of imprisonment to serve during the 
 period of parole. If this happens to be in an institution of the country, then the 
 decision relating to subsequent recall is to be based on an opinion furnished by 
 the director of the prison. The recall thus decided upon is accomplished by the 
 request of the appropriate police authority. If there remains of the supplementary 
 correctional penalty fixed by the police authority of the state at less than two years 
 too short a portion at the recall from parole, so that there would not be enough to 
 complete the correctional term, then its extension is recommended to the district 
 magistrate. If it happens that the recall from parole in the case of a youthful offender 
 not committed for a supplementary correctional sentence occurs shortly before the 
 completion of his twentieth year, then it must be considered whether it is nQ,t 
 advisable, on account of the brevity of time remaining for the continuance of the 
 incarceration to forego the recall. When a paroled person does not retain the employ- 
 ment secured for him in the country, but goes to another state, and it is probable 
 he will not return, then recall may be omitted, and also notification of immediate 
 and final discharge. Also by consent of the local police in cases where there is no 
 doubt the recall may be omitted. 
 
 (8) Procedure after recall. — ^The recalled person is to be informed of the reasons by 
 the director. The person recalled may be subjected to disciplinary punishments for 
 violation during his parole of rules prescribed. Expenses for providing for the 
 paroled person outside the institution are to be paid by the director out of the sav- 
 ings, or, according to need, out of the general savings fund. 
 
 (9) Release of paroled persons.— The discharge of paroled persons is accomplished 
 by entire removal from the list of prisoners of the institution, and by sending the 
 certificate of release, as well as the certificate of confidence and the remainder of 
 savings credited, to the local pohce authority of the place of residence to be handed 
 over to the discharged person. If the paroled prisoner is nearer to the prison than 
 to the office of police, or not farther, the director may himself hand over the docu- 
 ments and savings and convey the customary warning. The local police of the place 
 of residence is to be informed of the discharge. In other cases the notification will 
 be sent only to the board which committed and to the police of the cities of Dresden, 
 Leipsic, Chemnitz, and Zwickau, but when a youthful offender, who is not bound to 
 
52 MODERN PRISON SYSTEMS. 
 
 a supplementary correctional sentence while on parole, has completed his twentieth 
 year, and therefore under § 54, 4, is to be discharged without previous notification, 
 the ministry of the interior receives the prescribed notice. 
 
 Petition for release from punishment or for change of punishment, for 
 parole and provisional discharge, on the part of prisoners in penitentiaries 
 or common prisons. — §62. (1) Mrst time of petition for release or change of punish- 
 ment. — When a prisoner for the first time wishes to present a request for entire or 
 partial release from punishment, or for a commutation of the penalty, as an act of 
 grace, the director is to receive it and transmit it with the minutes relating to grounds 
 to the proper police authorities which committed him, and even, if proper, the 
 written request of the prisoner. 
 
 (2) Repeated requests. — But if a petition.haa already been sent to the place of highest 
 resort by the prisoner or for him, and a decision been received, then it is permitted 
 the prisoner to proffer another request, when his term is two years or more, after the 
 expiration of half his sentence; and, if he is confined upon a life sentence to the 
 penitentiary, after the expiration of fifteen years. If the sentence is for less than 
 two years then it is left to the discretion of the director whether a second petition 
 may be accepted after expiration of half the sentence. If under the foregoing rules 
 it is permitted to bring a second request, then the director is to furnish a report with 
 records to the ministry of justice; but when military offenses are involved or are 
 more serious than others the request goes to the ministry of war. 
 
 (3) Requests for parole and provisional release. — If a request is preferred by a pris- 
 oner for an act of royal grace and parole the prescribed rules (1, 2) are applicable, 
 only with this difference, that these requests in any case shall be sent to the min- 
 istry of justice, §60, 2, being followed. In case of request for provisional release 
 (§23, Penal Code) the procedure is after §60,2. But the director is authorized to 
 refuse such a request if it does not meet the requirements of § 60, 2, a, d. If a petition 
 for provisional release is refused by the director (cf. previous section) or bjr the min- 
 istry of justice, and if appeal is then taken to royalgrace, the procedure is to be as 
 in preceding section. 
 
 (4) In forwarding a petition, when the conduct of the prisoner gives occasion for 
 special remark, or when the director thinks of any material consideration bearing on 
 the decision, he is to add to the report a statement suitable for the purpose. 
 
 WUBTTEMBEEG. 
 
 The regulations emanate from the ministry of justice at Stuttgart. 
 
 Conference of Officers. 
 
 §85. According to need, but at least once in two weeks, the conference of the 
 officers of the prison under the presidency of the director shall take place. In these 
 comferences, which are composed of the director, chaplain, physician, teacher, and, 
 in Ludwigsburg, the inspector, the observations upon individual prisoners and on 
 the general condition of the institution, as also regulations and propositions and vari- 
 ous forms of business proper for such conference, shall be considered. Other oflBcers 
 of the institution and assistants may occasionally take part. 
 
 Reception op Prisoners. 
 
 [House Regulations of the Penitentiaries ( Zuchthauser) , March 4, 1899. Stuttgart, Ministry of Justice.] 
 
 RECEPTION, ASSIGNMENT, AND SUPERVISION OF PRISONERS. 
 
 Reception of prisoners. — § 1. The reception of prisoners into the institution 
 occurs upon the ground of a written authorization of the board of execution of pun- 
 ishments. * * * Compare the authorization of the ministry of justice in relation to 
 the execution of punishments ordered by the civil courts and military orders. * * * 
 Every new prisoner is brought before the director of the prison, and the director 
 immediately upon examination of the certificate and assurance of the identity of the 
 person orders his reception if there is no reason for refusal. At his reception the 
 prisoner is assigned his moral class, his occupation, and so far as practicable it will 
 be decided whether he is to go to a cell or to congregate incarceration. The prisoner 
 is instructed to observe the house rules and told that he will find a copy of them in 
 
MODERN PKI80N SYSTEMS. 53 
 
 the room assigned him, and he is warned of the consequences of an attempt to escape. 
 The extent of his term will be made known to him. Finally the prisoner is intro- 
 duced to his guard. 
 
 § 2. Next the prisoner will be carefully inspected and cleansed, bathed, and sup- 
 plied with uniform of the house, unless there is evidence that the physician should 
 at once examine him. Male prisoners will be shaved, and when desirable the hair 
 of the head will be cut short.. The physical examination and cleansing, before which 
 the prisoner must be undressed, occur under the supervision of a female assistant if 
 the prisoner is a woman. 
 
 § 3. Within twenty-four hours the house physician is to investigate the condition 
 of health of the prisoner. When the prisoner is a woman, a female assistant must 
 be present. A brief medical opinion in respect to the physical and mental state, 
 health, previous life, heredity, development, etc., and whether the person may 
 properly be placed in a solitary cell, is to be attached to the personal record of the 
 prisoner. 
 
 § 4. The director is to be informed of the results of this double inspection, which 
 must be made in a suitable place, propriety being observed, if there is anything 
 which calls for attention, or if disease is manifest. If there is any special mark of 
 distinction which had not hitherto been noticed, it shall be marked upon the record 
 of the person. Before the inspections the person delivered is not to be brought in 
 contact with other prisoners. 
 
 § 5. Every new prisoner, within eight days after his admission into the prison, 
 shall be introduced to the chaplain of his confession. 
 
 § 6. According to the results of the previous inspections, the director will take 
 occasion to bring the prisoner before him and make the proper orders. 
 
 § 7. In the record of reception and discharge will be entered the day and hour of 
 the reception, the name of the person, the contents of the certificate and sentence, 
 the punishment assigned, and its period, the day, hour, and ground of discharge. 
 
 § 8. The clothing and other effects found in the possession of the prisoner at his 
 reception will be held for him by the institution. If the articles are not suitable for 
 keeping in the institution for any cause they may be sold on order of the director for 
 the benefit of the prisoner or by permission sent to the relatives. Articles preserved 
 by the institution will be recorded and the list signed by the prisoner. 
 
 § 9. In the case of redelivery of prisoners released for a time or escaped, the same 
 regulations are to be followed unless departure from them is advisable in the nature 
 of the case. 
 
 Assignment and supervision of the prisoner. — § 10. The penitentiary sen- 
 tences will be served in special buildings. Where such an arrangement is not prac- 
 ticable, the living, work, sleeping, and recreation rooms for penitentiary prisoners 
 will be kept entirely separate from those of other prisoners. All communication 
 between prisoners of different classes is forbidden. This applies particularly to 
 common worship and school instruction. 
 
 § 11. Female prisoners will be placed in special divisions. 
 
 § 12. The placing of prisoners in isolated cells or in common rooms, and the trans- 
 fer of isolated prisoners to congregate rooms is in the control of the director alone. 
 The last form of action is to be communicated to the conference of officers of the 
 prison. 
 
 § 13. The cellular treatment is to be carried out so that the prisoner is kept alone 
 in his cell separate from all other prisoners. The separation must be carried out so 
 far as possible in taking exercise outdoors, in school and church, and whenever the 
 person is not in his cell. Isolation can not be continued more than three years with- 
 out consent of the prisoner. (Penal Code, § 22. ) 
 
 § 14. The cellular treatment may not be applied or must be broken oft if there is 
 danger of injury to the physical or mental health of the prisoner. 
 
 §15. The cellular treatment is to be chosen when: (1) the person is not yet 25 
 years of age; (2) when he has never before served a term in penitentiary, common 
 prison, or incarceration (jail). In general those prisoners are suitable for cellular 
 treatment who are regarded as capable of improvement and in danger of contamina- 
 tion in congregate rooms. The cellular treatment is also applicable to those who are 
 dangerous to their fellow-prisoners, or through'excitability, viciousness, bad temper, 
 obstinacy, etc., disturb community life. Those who would suffer unusually from 
 association with criminals, owing to their previous educational conditions of life, are 
 also to be placed in cells. 
 
 § 16. Every prisoner in a cell is to be visited at least four times daily. Visits of per- 
 sons not officers of the prison are to be counted. Visits must be made by the director 
 and the house physician to each prisoner at least once in each month, by the chaplain of 
 
54 MODERN PRISOK SYSTEMS. 
 
 his confession and the teacher (if he is at school) at least once in fourteen days, and 
 by the overseer of the cell house at least once in each week. In addition, the 
 attendants of the ward are required to make visits to the cell several times each day. 
 
 § 17. In congregate imprisonment the prisoner is regularly, at least by day, kept 
 with other prisoners. Separation of prisoners at church services and schools and 
 during exercise is not excluded. In the division of prisoners in rooms for work and 
 sleep, assignment of places at divine service, during instruction, and meal times, con- 
 sideration must be had for the personal character of the prisoners, and the separation 
 of those not spoiled from those whoarelikelytoexertadepravinginfluence. Recidi- 
 vists, especially offenders against property, should be separated as far as may be in 
 special rooms. During the night prisoners must be kept apart unless there is some 
 special reason for keeping them together. 
 
 § 18. Prisoners must be constantly watched. For congregate rooms there will be 
 at least one guard for each sleeping or work room. For the immediate supervision 
 of female prisoners women alone shall be employed. Trusted prisoners may be 
 selected to assist the guards. 
 
 RuLBS OF Conduct. 
 
 TREATMENT OF PRISONERS. 
 
 General directions. — § 19. All prisoners must be treated according to common 
 principles. Assistants and directors are forbidden to give arbitrary advantages to 
 some prisoners over others. 
 
 § 20. The treatment of prisoners shall be strict, but also just and humane. The 
 purpose of improvement shall not be forgotten in carrying out the punishment. 
 Regard must be had for the health of the prisoner so far as is consistent with the ends 
 of punishment and the order and discipline of the prison. 
 
 § 21. The prisoners must abstain from all conversation which is not necessary for 
 common life and work. Immoral communications which look to punishable acts 
 are forbidden. Intercourse of prisoners with officials shall be restricted to what is 
 necessary. 
 
 §22. The prisoners are to be addressed by all officers and servants with "Sie" 
 (respectful address), and only when several persons are spoken to together may 
 "Ihr" be used instead of "Sie." 
 
 § 23. Questions and requests of a prisoner are to be orally communicated to the 
 guard or overofficer. When a prisoner washes to apply to the director with a ques- 
 tion, request, or complaint, he applies to the guard, who must report it. The director 
 must at latest the next day hear him. Only in urgent cases may the request be 
 sent before the hour for reports. , If a prisoner wishes to send in his complaint in 
 writing he shall be afforded the means under the usual precautions. If the complaint 
 of the prisoner is against the director himself, this official must send notice of it at 
 least within a week to the board of supervision. The visiting inspectors represent- 
 ing the board of supervision at least once in two years shall give the prisoners 
 opportunities of laying before them complaints or requests. 
 
 § 24. It is permitted prisoners to lay complaints before the board of supervision 
 on account of neglect of the provision of the law of executing sentences — so far as 
 judicial decision imder § 490 of the Code of Penal Procedure is not to be introduced — 
 in respect to illegal treatment or treatment contrary to the house and service rules, 
 and in respect to infliction of disciplinary punishments. In these cases the prison 
 college is to decide. Complaints reported more than a week later than the time 
 affirmed of the act complained of will receive no notice. A complaint will not 
 defer action. Against a decision of the prison college a prisoner can appeal to the 
 ministry of justice within a week. 
 
 § 25. The permission of the director must be obtained for handing in complaints 
 to higher authorities, prepared by himself or an authorized person (not by a fellow- 
 convict) , and the director may not refuse permission without good reasons. Petitions 
 to the courts, state counsellor, and board of supervision must not be held back. 
 Petitions to other boards will be held back if they are of scandalous or punishable 
 character. If a request is retained the prisoner must be informed of the fact and 
 the reasons for it. 
 
 § 26. Permission to have oral or written communications with persons residing 
 outside the prison is granted only when the director has information and gives con- 
 sent, under the rules. 
 
 § 27. To prisoners is permitted once in three months, as a rule, to receive visits 
 from relatives in presence of an officer of the institution. The director may in 
 special cases permit visits from other persons and without watching. Visits from 
 
MODBEN PBISON SYSTEMS. 55 
 
 persons of opposite sex are not permitted with the exception of near relatives. As a 
 rule, several prisoners shall not be together. On Sundays and holidays no visits, as a 
 rule, are permitted. 
 
 § 28. Conversation is carried on in a place where visitors are separated from the 
 prisoner. Conversation must be carried on in a voice and language which the guard 
 can understand, and shall not continue, as a rule, over one-quarter of an hour. The 
 guard must see that no improper communications are made in the conversation, and 
 no money or other articles handed over. If the visitor wishes to give anything to 
 the prisoner he must secure permission from the director. 
 
 § 29. A prisoner may send four letters in a year. After securing permission from 
 the director the prisoner writes his letter' outside of work hours under supervision of 
 a guard and on paper furnished by the institution. All written communications are 
 subject to the director's inspection. If a letter sent is not delivered to the prisoner 
 or one of his letters is not sent he must be informed of fact and reason. Letters to 
 which objections are made are to be filed with the personal record. When a letter 
 is received and objected to it may be returned with reason to the sender. In a sim- 
 ilar manner other matters sent are to be treated, and also articles sent by the convict. 
 The director determines whether the objectionable writing shall be returned to the 
 prisoner after being read or whether it shall be preserved until he is released. 
 
 §30. In urgent cases the regulations of §§27-29 may be set aside by the director. 
 It is also permitted to the director to increase the number of visits and letters where 
 conduct shows the privilege is deserved. On the other side, the director may for 
 disciplinary reasons temporarily suspend the privilege of letters and visits or diminish 
 them. 
 
 HOUSE KTJLES FOB PRISONERS IN PENITENTIARIES. 
 
 I. Every prisoner has the duty to subject himself to the order of the house arid 
 other regulations, to treat the officers with respect and obey their commands with- 
 out question, and follow the instrbctions of guards. 2. Prisoners must refrain from 
 all conversation, communication by signs or gestures, which are not required by the 
 common work and life. Immoral talk or communications which relate to punish- 
 able acts are entirely forbidden. Intercourse with officers is restricted to what is 
 entirely necessary. 3. Prisoners are to live in peace, refrain from all abuse, strife, 
 cursing, and violence, and not disturb each other at work, rest at night, prayer, or 
 reading. 4. When a prisoner wishes to offer a complaint, request, or inquiry he 
 must ask permission to speak by a sign to his guard, and when this permission is 
 given must lay his request before the officer in few words and modest manner. 
 5. All must rise in the morning and retire at night at the signal. 6. The prisoners 
 must keep their bodies, clothing, and beds, work and sleeping rooms clean, as well 
 as other rooms of the institution. They must wash their faces and hands in the 
 morning, rinse out the mouth, comb the hair, make the bed, clean and ventilate the 
 room, empty and cleanse the wash vessel. 7. In going into the workroom, sleeping 
 room, church, school, and recreation grounds, the prisoners must walk in the pre- 
 scribed order, one behind the other, and none may go out of the ranks. The same 
 order is to be observed in retu^^ning. 8. No prisoner may leave the place assigned 
 him without permission of the guard, cases of necessity excepted. The privy shall 
 not be entered by more than one prisoner at a time. 9. The work which is assigned 
 to a man to do must be completed correctly in the time, and no one may permit 
 another to do his work for him. 10. Prisoners must treat the utensils of the room 
 and work, and all articles intrusted them with care, and must be careful with fire 
 and light. One who injures property out of malice or recklessness must make 
 reparation. 
 
 II. During the work hours no prisoner may be idle even if he have completed his 
 task. 
 
 12. No prisoner may hold anything in his .possession aside from the clothing and 
 utensils assigned him, but must give up everything to the house master. Especially 
 is the possession of money, jewels, knives, ropes, files, hammers, and other tools 
 forbidden. 
 
 13. All trading with food, clothing, or other articles, all lending and borrowing, 
 all giving and receiving, is forbidden to prisoners among themselves and with officers. 
 
 14. Prisoners may not take food away from the dining room. The use of tobacco 
 in all forms is forbidden. 
 
 15. Playing with cards and dice, and all playing for stakes is prohibited. The 
 director decides how far other amusements may be permitted. 
 
 16. Prisoners must refrain from all attempts to communicate with persons outside 
 nless the director is informed and consents. 
 
56 MODERN PRISON SYSTEMS. 
 
 17. Strangers who come pto the institution may not be greeted, addressed, nor 
 asked for favors, and, without permission of the director, may not give to or receive 
 from prisoners. 
 
 18. Prisoners who seek to stir up other prisoners to disobedience to oflBcers or to 
 other trespasses against house rules,, or to induce flight, riot, or mutiny, must expect 
 severe punishment; while those who give timely information in respect to such insti ■ 
 gations will be suitably rewarded. 
 
 Violations of these regulations will be punished in accordance with law. 
 
 Discipline. 
 
 Prisoners are divided into three moral classes. — §31. Prisoners recently 
 received shall be placed in the second or third class, according to the kind and cir- 
 cumstances of the crime for which they are sentenced, and according to the character 
 revealed by jDrevious life and habits. If a person has not previously been punished 
 for serious crime he is at once to be placed in the second class, unless there are rea- 
 sons to suspect him of special depravity or of being dangerous. Promotion to a 
 higher grade is conditioned on a long period of good behavior in the institution. 
 Promotion to the first grade occurs only after the convict has behaved well in the 
 second class for six months. A convict may be sent back to a lower class at any 
 time for bad behavior. The director decides promotion and degradation of rank. 
 In the oflScers' conference the transfers are to be made known. 
 
 § 32. From the first class, as a rule, the care takers of rooms, court keeper, cleaner, 
 nurses of sick, and kitchen workmen are selected. In all cases in which the behavior 
 of the prisoner is regarded under the house rules the class to which the prisoner 
 belongs is to be considered. 
 
 § 33. The conduct of prisoners and the order of daily duties is prescribed in special 
 house rules by the director. These rules are to be posted in the rooms and must be 
 read quarterly. 
 
 § 34. The particular duties of officers and guards are contained in special-service 
 rules. The tasks of trusted convicts, nurses, and court keepers are also prescribed 
 by rules. 
 
 § 35. The prisoner is required to repay the cost of executing the sentence when he 
 has property or means of earning income, so long as his family is not made to suffer 
 thereby. Compare rule of ministry of justice, June 29, 1875. 
 
 Disciplinarjr punishments, rewards. — § 70. Lapses of prisoners in relation to 
 rules of the institution will be reproved by the supervising board; in lighter offences 
 by the director * * * In addition to reproof and removal or diminution of regular 
 privileges and pleasures — § 30 (visits and letters), § 38 (luxuries), § 45 (exercise out- 
 side), §58 (additional earnings), §63 (extra occupation on Sundays and holidays), 
 §69 (books and papers) — other forms of discipline are: (1) Solitary confinement up 
 to six weeks; (2) diminution of food every other day, but not longer than one week; 
 (3) dark room, not longer than one week continuously; (4) chains. 
 
 §71. Diminviionoffood. — (a) Withdrawal of midday meal; (6) restriction of bread 
 portion to 625 grams a day with water. Those who are given diminished diet must 
 work and eat — or at least eat — apart, so that they can not procure food from others. 
 
 §72. Solitary confinement may be ordered by the director of a prison for one 
 month, by the college of prisons for six weeks. Solitary confinement will be in a 
 lighted cell, and work will be carried on. It may be made more shrarp by denying 
 work and giving a hard bed for one week. The prisoner is excluded from the 
 religious service and instruction, and permitted exercise in the open air only so far 
 as the physician declares is necessary for health. 
 
 § 73. Dark arrest is carried out in a cell fitted for the purpose and without bed. 
 No work is done. 
 
 § 74. Chains may be used only where there is danger of escape, resistance, violence, 
 and threats against others, or for similar reasons. The use of chains is applied with 
 the following grades of severity: (a) Rings may be api)lied to the lower leg in such 
 a way that walking is not rendered impossible, for a period of four weeks; (6) fasten- 
 ing close, either alone or with solitary or dark cell, during three days, but only six 
 hours in twenty-four; (c) laying on of iron rod for not more than three days; (d) 
 fastening to the wall for fourteen days at most. The above for male prisoners. In 
 case of female prisoners permissible methods of using chains are the laying on of 
 iron chain connecting arm rings or foot fetters so connected with light chains that 
 walking is not made impossible. For temporary restraint of actual resistance, when 
 other means are not sufficient, the strait-jacket or chaining may be used. 
 
 § 75. The infliction of disciplinary punishment must be after a summary trial, in 
 which the prisoner shall have an opportunity to answer to the accusation. It is left 
 to the discretion of the director or proper supervising board to decide what measure 
 
MODERN PRISON SYSTEMS. 57 
 
 to apply, taking into account the circumstances of the lapse, the degree of guilt, and 
 the disposition of the prisoner. Several disciplinary punishments may be used 
 together. In relation to measures which may affect the health of the prisoner, par- 
 ticularly those mentioned in § 71 to § 74, the physician must be heard before the 
 sentence is carried out. In cases where delay is not possible the recommendation 
 of the physician may be made during the infliction of the sentence. 
 
 § 76. Prisoners may appeal from the director against the penalty and against any 
 of his decisions, according to § 24, to the college of prisons, or can appeal from the 
 college of prisons to the ministry of justice; but an appeal will not delay the infliction 
 of punishment. If a prisoner, after the course of his punishment, has still a disci- 
 plinary penalty to endure, this must be undergone in the arrest cell of the prison. 
 Every punishment will be recorded in the personal record of each prisoner. 
 
 § 77. No right to order punishment belongs to other officers or guards. Yet a house 
 master or foreman may place a prisoner in an arrest cell for direct resistance, but notice 
 must be given at once to the director. 
 
 § 78. Prisoners who have conducted themselves particularly well may receive extra 
 encouragements and rewards: (1) Transfer to a higher mora^ class, with permission 
 to procure luxuries;^ (2) increase of privileges of receiving visits and sending letters; 
 (3) employment upon more agreeable work; (4) higher rates of reward for work, 
 within fixed limits; (5) a prisoner who has served three-fourths, at least one year of 
 his time, and has behaved well in this period, may, with his consent, be provision- 
 ally released, according to the terms of § 23 of the Penal Code. This provisional 
 release, whose grant comes from the ministry of justice, may be proposed by the 
 director of the prison, after conference with the officers, or by the college of prisons, 
 only when, in addition to other conditions, the prisoner has shown during his time 
 by good behavior that moral improvement has begun, and that confidence may be 
 reposed in him in the future; and, in forming a judgment, the entire conduct of the 
 prisoner during the term of punishment, his previous life, and his entire character, 
 must be taken into account. * * * (6) In relation to prisoners whose sentence states 
 that supervision by the police is allowed, a remanding to the local police may be 
 ordered after a hearing of the prison administration. (§§ 38, 39 of Penal Code of 
 Empire. ) The prison administration may give a recommendation to the police in 
 respect to the supervision some time before discharge on the ground of observation 
 of his conduct by the officers during his sentence. Conduct in the prison will be a 
 decisive factor in respect to police supervision. (7) A prisoner who has long con- 
 ducted himself well may be recommended ,to grace. The praiseworthy actions of 
 each prisoner, as well as his faults and punishments, his transfers from class to class, 
 shall be entered in his personal record. 
 
 Organization of Industry. 
 
 § 52. Prisoners capable of labor are required to work at tasks carried on in the insti- 
 tution. The mode and measure of work must be suited to the physical condition of 
 the prisoner. 
 
 § 53. The kinds of industry will be fixed by the college of prisons in correspond- 
 ence with the administration. The work for the institution shall be done by the 
 prisoners themselves as far as possible. In general the selection of occupations shall 
 be based on considerations not only of income, but also the improvement of the 
 prisoner and fitting him for industry after discharge. The sale of products must be 
 so conducted as to do the least harm to private industry. Especially must there be 
 an effort to limit the contracting of labor as far as practicable to divide the industry 
 among many kinds, and to employ the products for state uses, and always to avoid 
 underbidding free labor. 
 
 § 54. The assignment of kinds of work is made by the director acting in concert 
 with the under officers. Consideration, must be given to the previous occupations 
 and future career of prisoners. So far as necessary the prisoner shall be instructed 
 in his work by a guard. For household tasks suitable prisoners shall be selected. 
 For clerical work properly trained prisoners may be employed under suitable pre- 
 cautions. 
 
 § 55. Usually prisoners will be set to work only in the buildings, gardens, and courts 
 of the prison. For the immediate tasks of the institution male prisoners may also be 
 employed outside the institution, so far as they can be watched and kept apart from 
 free laborers. Prisoners may be employed by outside public boards or private per- 
 sons only on recommendation of the college of prisons and when the circumstances 
 of the institution make it proper. Prisoners thus employed must work in large divi- 
 sions, not less than ten together, be sufficiently guarded and kept apart from free 
 workmen. Prisoners may be employed outside only when their previous behavior 
 and the time before expiration of sentence give no occasion to fear attempt to escape. 
 
58 MOBEBN PRISON SYSTEMS. 
 
 § 56. On Sundays and holidays the prisoners are free from work. The daily time 
 of work on work days will be, from October 15 to March 15, ten; at other seasons, 
 eleven, and on holidays, five hours. Time for worship and instruction is deducted 
 from regular time. 
 
 § 57. The labor shall be apportioned to each prisoner so that he will, in the judg- 
 ment of the guards, considering his skill, be required to exert his powers. The com- 
 pletion of his task does not free the prisoner from further work during the day. If 
 the nature of the work does not permit the fixing of a specific task, his work must 
 be so planned that he will be required to exert his powers, consideration being had 
 of his physical condition, capacity, and practice. 
 
 § 58. He who reruses to work or neglects to complete his task will be liable to dis- 
 ciplinary punishments. The product of the labor goes into the funds of the institu- 
 tion. As a gratuity and encouragement a part of the reward of labor — the supjjle- 
 mentary earning — shall be given to industrious prisoners. This additional earning 
 may not exceed 20 pfennig a day. It will be graduated by the administration accord- 
 ing to the measure of industry, the behavior, and the efficiency of the individual 
 prisoner. The additional earning shall not exceed the fourth part of the entire 
 earning of the prisoner, but may be 7 pfennig if the earning is not over 28 pfennig. 
 Increase of supplementary earning above 20 pfennig daily is permissible with consent 
 of the college of prisons if the unusual industry of the prisoner raises the amount 
 above 20 pfennig. For work which falls below the regular daily task no additional 
 earning will be credited. For bad behavior and idleness the additional earning may 
 be refused up to four weeks. 
 
 §59. From this additional earning of the prisoner must at least so much be 
 deducted that he will have enough at discharge to pay his way home. If necessary, 
 a part will be reserved to buy him clothes at discharge. From the further savings, 
 so far as they are not required to meet obligations during the term of sentence or are 
 not used for luxuries, the prisoner may, with permission of the director, procure 
 useful articles, means of instruction, clothing, tools, books, etc., or send money 
 to his relatives. The remainder is to be used to give a respectable outfit and means 
 of success after discharge. A legal right to these funds does not belong to the pris- 
 oner, and therefore he can not mortgage them. If the prisoner dies in the institu- 
 tion his effects belong to the poor fund of the institution. In special cases the insti- 
 tution may give the property left by a prisoner to some person outside the institution, 
 at the request of the prisoner, or to a court with probate powers. 
 
 § 60. An account will be kept in the institution of all savings of each prisoner and 
 all his expenditures made with consent of the director. Prisoners are permitted to 
 have information as to the state of their account, and semiannually a copy will be 
 given. Each prisoner must certify in the book that the statement is correct. 
 Moneys at disposal of prisoners must be placed at interest. 
 
 Health. 
 
 Food. — § 36. Food is to be furnished so that health and industrial efficiency o 
 prisoners is not diminished. For breakfast will be given to each prisoner four times 
 each week0.651iter of water soup made of 125 grams of dark bread, three times weekly 
 0.5 liter of coffee and milk, made from 5 grams of roasted coffee, 0. 1 liter milk, together 
 with 125 grams of dark bread, though it is permitted, up to half of the regular coffee 
 portion, to give chickory or malted coffee instead. The dinner consists of 0.85 liter of 
 Rumford soup, or flour food with broth, salad or cooked fruit, or of vegetables, the 
 latter usually with addition of flour food or potatoes, and on Sundays and holidays, 
 and once a week on other days, 125 grams of meat (gross weight). It is left to the 
 administration, instead of the workday meat food of 125 grams weekly, to give two 
 portions of meat, of a cheajj kind, of 75 grams, if a serious increase of cost is not 
 thereby occasioned. Once in two weeks it is permitted to give cheap flsh * * * or 
 giblets, lungs, heart, liver, etc. Sometimes a soup may be added, of grits, barley, 
 noodles, potatoes, rice, oats, etc. In the evening each prisoner receives, five times 
 weekly, a water soup, as above, twice weekly a like quantity of roasted flour, pota- 
 toes, lentils, peas in soup. In addition the prisoner may have with the water soup 
 weekly 50 grams of cheese or 10 grams of butter, in summer radishes may take the 
 place of cheese. Every prisoner has daily 500 grams of baked dark bread. For 
 drink, fresh, pure water is given daily. 
 
 § 37. Departures from the prescribed diet, outside of sick diet, are permitted in the 
 following cases: 
 
 1. Prisoners who are set to work at heavy tasks may, upon their request, be fur- 
 nished with an addition of 250 grams of bread per day, on work and holidays, at 
 cost of the institution. 
 
MODERN PRISON SYSTEMS. 59 
 
 2. The administration of the prison is authorized to give to prisoners employed 
 upon certain kinds of work designated hj the college of the institution, a larger por- 
 tion of breakfast and evening meal, and if this is not enough, in the judgment of the 
 physician, to maintain the health of the person, a reasonable quantity of milk, fruit 
 sauce, or beer may be added (cf. § 47). 
 
 3. Those prisoners who should have, according to the physician, a change of food, 
 especially sickly or weak prisoners who can not bear the ordinary diet, may have 
 instead of breakfast 0.5 liter warm milk and 125 grams white or dark jjread; instead 
 of the dinner a like quantity of milk and bread or a light soup and white bread for 
 the day's portion. In special cases on recommendation of the physician a meat 
 soup with 125 grams of meat may be given; but the addition of meat is permitted 
 only when there is manifest danger of physical disturbance. 
 
 4. The Hebrew prisoners must use the ordinary food, but during the Easter festival 
 food ritually correct may be enjoyed in measure similar to the regulation food in 
 form approved by a neighboring Jewish ecclesiastic, precautions being observed. 
 
 § 38. Prisoners may at their own expense procure means of providing relish of 
 white or dark bread, sweet or sour milk, eggs, cheese, butter, bacon, fruit to the cost 
 of 15 pfennig a day. This privilege is extended to the prisoners of the first class 
 daily, to those of the second class on Sundays and holidays and three times a week 
 besides, to those of third class on Sundays, holidays, and twice a week besides. 
 The director has the right, in cases of bad behavior, to withdraw the privileges 
 named above (§37) for a time, not beyond one month. 
 
 § 39. At the beginning of each fiscal year the administration of prisons must lay 
 a dietary before the college of prisons; in this dietary all forms of food which are to 
 be furnished must be recorded and the amount of nourishment accurately given. All 
 foods must be properly prepared and cooked. Care must be given to seasoning of 
 foods and supply of fats, and variety must be sought. Salt in proper quantity must 
 be supplied. Bread must not be given out until it is twenty-four hours old. The 
 extra luxuries are furnished by the institution, and prices must be certified from 
 time to time and made known to the prisoners. 
 
 Clothing:. — § 40. The prisoners wear uniform which is given out with undercloth- 
 ing by the administration. The uniform of penitentiary men must be different from 
 that of men in ordinary prisons or jails * * * 
 
 Beds. — §41. Each prisoner has a bed furnished according to the regulations. 
 
 Care of health. — Cleanliness. — §42. All spaces, passages, courts, and furnish- 
 ings are to be kept as clean as possible. Work and sleeping rooms must be swept 
 daily and often washed. Rooms used by prisoners are to be whitewashed as often 
 as necessary, and must be dry before they are used by the prisoner. Especial atten- 
 tion must be given to ventilation and suitable temperature and to keeping the water- 
 closet clean. 
 
 § 43. Prisoners are required to keep their bodies, clothing, beds, and rooms clean. 
 Male prisoners are shaved twice a week. Wearing beard is allowed only upon medi- 
 cal advice; in addition prisoners who have behaved well may be permitted to let 
 their beard grow several weeks before leaving the prison. Hair must be cut and 
 nails trimmed as often as necessary. The prisoners will have several times in the 
 year, in summer at least monthly, full baths, spray baths, or foot baths as required. 
 In addition young and vigorous prisoners in the warm season must wash the entire 
 body often in cold water. Baths are omitted when there is danger to health, and 
 the physician is consulted in cases of doubt. 
 
 § 44. Prisoners may enjoy open air once a day. When practicable they will be taken 
 to the place of exercise under suitable guard. At least half an hour daily must be 
 passed in the open air. Prisoners sentenced to dark arrest may not enjoy the open 
 air. Those shut up alone have applied to them rules in § 72. Prisoners assigned to 
 confinement on trial are to be given open air exercise, separate from others. 
 
 § 45. No prisoner whose health permits may be excused from taking exercise in the 
 open air. But the director may release prisoners from this obligation who work in 
 the open and may permit those whose inside occupations are exhausting to sit down 
 outside in the place of exercise. For bad behavior a prisoner may be denied the 
 privilege, but not longer than one week. 
 
 Care of sick. — §46. Treatment of sick prisoners is usually inside the prison. If 
 the condition of the patient demands his transfer to a special institution the consent 
 of the college of prisons must be obtained. The infirmary of a prison must be prop- 
 erly furnished for care of the sick. Special care must be given to ventilation, 
 cleanliness, sunlight, and proper temperature. 
 
 § 47. For maintaining order in these rooms a special guard (a woman in case of 
 female wards) is appointed. The immediate care of patients shall be intrusted to 
 attendants chosen from among the prisoners, under the direction of a guard, and 
 
60 MODERN PRISON SYSTEMS. 
 
 subject to the physician. These nurses receive a daily addition to their diet of 125 
 grams of meat, and if there is extra strain they may have on order of the physician 
 during twenty-four hours one-fourth Uter of wine or one liter of beer at cost of the 
 institution. 
 
 § 48. Patients will be transferred to the infirmary unless the illness is trifling and 
 not serious enough to interfere with work. All needless intercourse of prisoners 
 must be avoided. Patients are under the direction of the physician, and he is to 
 observe the regulations. 
 
 § 49. If a prisoner is ill he must give notice to the guard. The guard must give 
 notice to the physician. The physician determines whether a medical treatment 
 and transfer to infirmary or cessation of work is required. In urgent cases the per- 
 son may be taken to the infirmary without previous order of physician. The phy- 
 sician decides how long the prisoner is to be treated. If a person becomes insane he 
 is to be transferred to an asylum for the insane. 
 
 § 50. Female prisoners about to be confined may be permitted to give birth outside 
 the prison if there is no fear of escape or other objection. If the sentence is not for 
 more than three years the college of the prison decides, and in other cases the min- 
 istry of justice. If a child is born in the prison it remains with its mother until 
 danger of separating it has passed. The physician decides according to circum- 
 stances of individual cases. The regulations of the ministry of justice and of the 
 interior decide in relation to sending the child to its place of settlement. * * * 
 
 Death. — § 51. When a prisoner dies the corpse is taken to a special place as soon 
 as the physician thinks right. The chaplain makes a record and sends notice to the 
 proper board, under regulations. * * * Notice is also sent to relatives. Whether 
 the body is to be delivered to the anatomical laboratory is fixed by regulations. 
 * * * If not delivered to a laboratory the body is buried in the cemetery of the 
 commune where the prison is situated. A relative may take care of the burial if 
 there is no reason for objection and he bears the expense. The effects of the pris- 
 oner are disposed of by decision of court (cf. § 59). 
 
 REGULATIONS FOE CLOTHING OP PENITENTIARY INMATE. 
 
 1. Clothing given out by the institution consists of: (a) For male prisoners, jacket, 
 vest, and trousers of natural hemp ticking, and in addition for winter a jerkin and 
 trousers of napped fustian or tricot. These articles must be furnished in duplicate 
 for each prisoner. To the above are added 3 shirts of linen or cotton, 3 pairs of socks, 
 for the summer of linen or cotton, for the winter of wool; 2 neckcloths, 3 handker- 
 chiefs, 2 suspenders, 1 cap, 1 pair leather shoes. (6) For female prisoners: Coat 
 and jacket of dark-brown color, for the summer of cotton, for winter of wool ( beaver) ; 
 undercoat of ticking waist; each article in duplicate. Also 2 chemises of ticking or 
 cotton, 3 shirts of linen or cotton, 3 pairs stockings, for summer of linen or cotton, for 
 winter of wool; 2 neckcloths, 3 handkerchiefs, 2 hoods, 1 pair leather shoes. In 
 special cases woolen underclothes may be given if health requires. In addition will 
 be given out in cold weather for church attendance or exercise out of doors, in case 
 of need, an overjacket for men and a cape for women. Each prisoner who has not 
 brought them with him receives also 3 wash cloths, 1 comb, 1 wash basin, 1 clothes 
 brush, 2 shoe brushes, vessel for fat (butter), 1 spoon. 
 
 2. According to the needs of the occupation, prisoners will receive in addition to 
 or instead of some of the above-mentioned articles work shirts, boots, gloves, hoods, 
 clothes of wool. Clothing of wool may be given on the recommendation of the phy- 
 sician to those who need them. On the same ground clothing of wool may be used 
 beyond the winter period by certain prisoners. 
 
 3. Changes will be made every three to four weeks of the underclothes, and of the 
 other clothing once in six to eight weeks, unless cleanliness and health require more 
 frequent change. Clothing thus changed is sent to the laundry. 
 
 4. All clothing which belongs to a prisoner will be marked with the number by 
 which he is registered. 
 
 5. There must be a reserved stock of all clothing ready for use. 
 
 EEGDLATIONS RELATING TO BEDDING OF PENITENTIARY INMATES. 
 
 The bed of a prisoner consists of a mattress and a head bolster of unbleached tick- 
 ing, with straw, Indian fiber, sea grass, or other suitable vegetable filling; 2 linen 
 sheets; 1 wool cover in summer, 2 for winter. Further supplies are given only on 
 order of the physician for reasons of health. The linen sheets are usually changed 
 each month, the straw twice a year; if necessary, oft«ner. Repair of Indian fiber, sea 
 grass, and other materials of mattresses must be carefully attended to, The cover- 
 
MODERN PRISON SYSTEMS. 61 
 
 ings must be taken out for beating and cleaning each week and occasionally fulled. 
 All articles of bedding must be kept in stock and supplies furnished as needed. The 
 bedding is marked with the same number as the clothing. 
 
 GRADES OF SICK DIET. 
 
 Four grades of diet for the sick are determined. In the first grade the sick receive 
 at noon meal one-half liter thin soup with meat boiled; morning and evening, one- 
 half liter water or cream soup, or, according to circumstances, instead of morning soup, 
 one-half liter of milk; no bread being given with this grade. The second grade con- 
 sists of the foods just mentioned, but at noon light vegetables and 125 grams of white 
 bread. In the third grade the sick receive in addition to soup and vegetables each 
 day once, either noon or evening, 65 grams of meat, the bones being removed, and 
 250 grams daily of white bread. In fourth grade, daily, two times meat, once beef, 
 once veal, and 500 grams white bread. Also, the physician is empowered to order 
 extra diet for special cases, but is limited in choice to articles approved by the college 
 of prisons, save in cases of necessity. 
 
 Education. 
 
 Worship, care of souls, relig'ious and school instruction. — §61. Each Sunday 
 and on the church festival days, and on the birthdays of King and Queen, there will 
 be a service in the chapel for evangelical and Catholic prisoners, with sermon in 
 the forenoon, and on the afternoon of Sundays and holidays, if it is practicable 
 under local conditions. Christian teaching or a devotional exercise conducted by the 
 clergymen of the confessions. Quarterly confession and communion will be given. 
 In addition, once a week an hour of religious instruction will be given by the chap- 
 lain. All prisoners not hindered by sickness are required to attend the services and 
 the religious instruction. In exceptional cases the prisoner may be excused by the 
 director. No external constraint to observe the sacrament is permitted. 
 
 § 62. Prisoners are accompanied to chapel by guards. Outside persons are per- 
 mitted to enter only by permission of the director. 
 
 §63. Before beginning of work, before the midday meal and evening meal, a com- 
 mon prayer will be offered, which will be pronounced aloud by a trusted prisoner 
 selected for the purpose. On Sundays and holidays the time which is not set apart 
 for work or exercise in the open air shall be used for reading books from the library, 
 preparation for instruction, or reading aloud of suitable books. It is left to the dis- 
 cretion of the director to permit prisoners who have conducted themselves properly 
 to work at noiseless tasks. The product belongs to the prisoner. 
 
 §64. Prisoners are placed under the spiritual care of a chaplain of their own con- 
 fession, who is required to inform himself of their religious knowledge and state of 
 mind, that he may influence them for good. For this purpose the chaplain is to visit 
 the men in their workrooms and infirmary, and in suifcible cases talk with them 
 alone. 
 
 § 65. Israelites are permitted on the Sabbath and on the thirteen high festivals to 
 enjoy their devotions in a room set apart for the purpose. On these days they are 
 relieved of work, but must labor on Sundays and Christian holidays, but in a way 
 not to disturb others. At the request of Israelite prisoners a rabbi may be brought 
 once a year for religious instruction and counsel. 
 
 § 66. In case of death and before burial the chaplain shall make an address or offer 
 prayer in presence of the prisoners or roommates. Up to the thirtieth year a pris- 
 oner is required to attend school if he needs instruction. Whether this is necessary 
 the director determines, with advice of the chaplain. Instruction is given in those 
 branches which are taught in the common schools. Older prisoners may receive 
 instruction if it is thought they will profit by it. The school is divided into classes 
 as required. The lower classes receive instruction each workday one hour, the bet- 
 ter educated two or three hours of school in the week. 
 
 § 68. Each year an examination will be held by both chaplains in presence of the 
 director, and a report made to the college of prisons as to results. 
 
 §69. For the use of the prisoners there will be kept a supply of books of a 
 religious, instructive, and entertaining character. Prisoners can take books only 
 from this collection. In exceptional cases the director may extend the range of 
 selection. Additions to the Ubrary are made by order of the director on the college 
 of prisons, on the advice of both chaplains. The books are given out under the 
 direction of the chaplains and with the assistance of the teacher. On account of bad 
 behavior the privilege of receiving books and papers may be taken away for not 
 longer than four weeks. 
 
62 MODERN PRISON. SYSTEMS. 
 
 Discharged Prisoners. 
 
 § 79. At least four weeks before discharge the poHce board of the place of settle- 
 ment shall be informed by the director of the prison of the coming discharge, if he 
 is a citizen of the Kingdom of Wurttemberg. The board of police shall be notified 
 of the personal nature and conduct of the prisoner, his bearing in prison, how he 
 was there employed, and how far and in what way he will require aid after discharge. 
 At the same time the police board is to give necessary notice to the clergy. Also 
 notice is to be sent to the central committee of the society for aiding discharged prison- 
 ers in respect to prisoners who have claim upon their care. The foregoing directions 
 also apply in a measure to prisoners who are citizens of other States. * * * 
 
 § 80. On the day before discharge the physician shall make a careful examination 
 of the prisoner and order what is necessary. The account of the prisoner will be 
 made up and his effects given to a guard. Next the prisoner will be brought before 
 the director, who will say farewell in a suitable manner, and warn him against fall- 
 ing back into evil ways. If the prisoner has not money to carry him to his home 
 it will be furnished ( § 59) according to a schedule. Finally a certificate of discharge 
 will be given the person, and when required a certificate for transportation. On 
 request of the prisoner a certificate of having served out his sentence will be given 
 the person. 
 
 § 81. On the day of discharge, which will always be in the morning without regard 
 to the hour of entrance, the prisoner will be taken into the room of visitation, 
 where the uniform of the house will be taken from him and his own clothing given. 
 If his clothing are not adequate he will be furnished at the cost of his account, or 
 even at cost of the institution if his own means fail. At this time he is to be searched 
 to see whether other prisoners have secretly given him any articles. The change of 
 clothing and examination of female prisoners are made by women. 
 
 § 82. when the prisoner is sent out free his money, so far as is necessary to carry 
 him to his destination, and his other property are to be given to him, together with 
 his certificate of discharge. If the prisoner possesses more money than is necessary 
 to carry him to his destination, it remains in the power of the director to pay it over 
 to him, or to a board of his place of residence (supervisor, officer of the commune, 
 poor relief officer), or in suitable conditions to the society for aiding discharged 
 prisoners, or other trustworthy person. In sending money the receiver must be 
 informed of the regulations. If the prisoner can not be sent out free, then his 
 discharge is made by transferring him to a superior officer. A delay of discharge 
 contrary to law will be punished by judicial punishment or disciplinary measure. 
 The director of the prison is responsible for the right reckoning of the term of 
 sentence. 
 
 §83. Prisoners whose return home is delayed by sickness may at their request 
 remain in the institution until convalescent. The expense, unless it is under 2 mark, 
 must be paid out of the means of the person. In absence of means, the poor relief 
 office of the place of settlement is to pay. 
 
 §84. In respect to prisoners released provisionally (§23-26, Penal Code), the 
 ministerial regulations are to be followed. * * * When the term is broken by 
 transfer to a trial prison the usual order is followed. * * * 
 
 APPENDIX. 
 
 House Regulations pok the Ikitermediate Prisons (Landesgepangnisse), 
 Wurttemberg, March 4, 1899. 
 
 [This document is in some paragraphs word for word the same as the regulations 
 for the penitentiary (Zuchthaus). Nothing more is necessary than to call attention 
 to the differences noted in comparison of these two documents. Practically all of 
 the differences arise from the fact that an attempt is made to make the penal hfe in 
 the Zuchthaus more severe than the life in a Landesgefiingniss. Only the parts 
 which are new and noteworthy are printed here. — C. R. H.] 
 
 § 2. The requirement of a thorough cleansing is not made in the milder document. 
 Clothing in the uniform of the prison is omitted. Instead of requiring that the beard 
 of male prisoners should be shaved, it is said: "Hair and beard shall not be altered 
 except so far as required by cleanliness or convenience." 
 
MODBBN PRISON SYSTEMS. 63 
 
 §14. Solitary confinement: The provision is added, "solitary confinement is em- 
 ployed if the sentence does not exceed three months." 
 
 § 17. The reference to recidivists is omitted and the words inserted: "Prisoners 
 who still possess civil honor (franchise), and who have never served time in a peni- 
 tentiary, nor more than two weeks in a common prison, nor a heavy sentence for 
 simple confinement (Haft), are so far as practicable to be separated from prisoners 
 of another kind." 
 
 § 29. While prisoners in the Zuchthaus may write only four letters in a year, those 
 in the Landesgefiingniss may write twelve. 
 
 § 31. While prisoners in the Zuchthaus are divided into three moral classes in the 
 Landesgefangniss there are only two such classes. Persons who have a fairly good 
 record and possess civil honor are placed in the first class on admission. They may 
 be reduced to the second rank at any time for bad conduct. 
 
 § 38. Prisoners may buy extra food to the value of 20 pfennig per day (only 15 in 
 Zuchthaus). 
 
 § 40. Prisoners receive from the institution a form of clothing prescribed in the 
 house rules but different in appearance from that used in the Zuchthaus. Prisoners 
 who possess civil honor, and are serving their first sentence, may be permitted to 
 wear their own clothing and underclothing if it is in suitable condition for use. 
 
 § 41. Prisoners in possession of civil honor and serving their first sentence may be 
 permitted by the director to use their own bedding if this is in harmony with their 
 previous conditions of life and is required by health and is not a means of disturbing 
 the order of the house. 
 
 § 50. The shorter term is noted. 
 
 1 52. The requirement that the work done must be within the prison is omitted. 
 
 § 54. More attention is paid to the wishes of the prisoner in respect to work. 
 
 § 55. Prisoners may be employed outside the prison if there is no danger of escape 
 or other objection, and they are willing. 
 
 § 56. The privilege of working at their own trade on their own account is given to 
 those who have civil honor, by permission of the board of supervision, if it can be 
 done without inconvenience to the order of the house. The product belongs to the 
 prisoner, except that which is necessary for the expense of the institution. 
 
 § 59. The prisoner may earn extra reward of 30 pfennig a day (instead of 20 in the 
 Zuchthaus). 
 
 § 61. The right to see his account more frequently is a privilege. 
 
 § 67. Some extension of school privileges. 
 
 § 70. No chains (as in Zuchthaus) used in discipline. 
 
 § 74. Chains may be used only to prevent actual violence. 
 
 § ^9ff. Slight changes in subject of release. 
 
 Other slight differences of language do not seem to involve principles of great 
 moment. 
 
 House Ebgulations for the Department of Youthful Prisoners in the Prison 
 FOR Female Prisoners at Gotteszell. 
 
 1. The rules for the Landesgefangnisse are applicable to the prison for female pris- 
 oners, division for youthful offenders, at Gotteszell, with the following modifications. 
 
 2. Youthful prisoners must be kept separate from adults at all times, and especially 
 in instruction, worship, work, and exercise outside, so that there shall be no com- 
 munication between them. 
 
 3. Preferably the youthful prisoners will be kept in solitary cells. In case of pris- 
 oners not over 18 years old the solitary confinement shall not be extended beyond 
 three months without consent of the college of prisons. Those who work in congre- 
 gate rooms during the daytime are to be in cells apart at night, unless there is reason 
 for making exceptions. 
 
 4. An extra reward for work is not allowed, but the director may, upon recom- 
 mendation of the assistant, grant quarterly a sum up to 4 mark for unusual industry, 
 usefulness, and good conduct, where the person is already in the seventeenth year. 
 
 5. Furnishing luxuries is not permitted. But the director may on festival days 
 add to the ordinary fare at evening meal some fruit, milk, butter, a glass of beer, or 
 sauce at cost of the institution. 
 
 6. Instruction is given according to a plan drawn up by the prison college. The 
 form of work will be made as educational as possible. School examination occurs 
 with youthful prisoners semiannually. 
 
 7. Prisoners under 16 years of age may not be subjected to solitary punishment 
 more than eight days. Dark-room punishment may not be used with prisoners 
 under 18 years of age. 
 
64 MODERN PRISON SYSTEMS. 
 
 Regulations of Sebvice and House fob the Prisons op the Magistrates (jails) 
 IN THE Kingdom of Wurttemberg, March 4, 1899. 
 
 Note. — The word "jail" will be used in translating this document, because it is 
 brief and comes near expressing the right notion to an American reader. 
 
 First division — ^Purpose of the jails and their establishment.— § 1. There 
 must be a jail in connection with every justice's court. In these will be executed: 
 (1) Sentences of short duration decreed by the civil courts; (2) the sentences to 
 incarceration decreed by the civil courts so far as they are not required by certain 
 laws to be excuted in prisons of the county (Landesgefiingnisse); (3) the jails are 
 also used for persons on trial. Among the persons reckoned as on trial in the sense 
 of the following rules are those who have been arrested provisionally and delivered 
 to the magistrate's court. 
 
 § 2. In application of § 163 of the imperial law for the constitution of courts a 
 punishment decreed outeide of Wurttemberg by a civil court of another German 
 State, which does not exceed a term of six weeks, may be executed in Wurttemberg 
 if the convicted person is found in the Kingdom. In all other cases there is need of 
 consent of the ministry of justice if a sentence is executed in a jail of Wurttemberg 
 at the request of a non-Wurttemberg board of execution of sentences. 
 
 § 3. Prisoners in transit should not as a rule be held in the jails. 
 
 § 4. If on account of crowding of a jail the transfer of prisoners to another prison, 
 especially of a neighboring magistracy, is necessary, the college of prisons is to be 
 informed. In urgent cases the director of a prison, by consent of the judge in case 
 of prisoners on trial, may send a convict provisionally to a near jail, after communi- 
 cation with the director of the jail in question, and the college of prisons must be 
 informed at the same time. 
 
 § 5. In jails^particular rooms must be set apart for (1) persons on trial; (2) priso- 
 ners under sentence, with separation, by rooms, so far as possible of persons con- 
 demned to prison punishment, simple incarceration,, and qualified incarceration. 
 (Penal Code § 361, 3-8, art. 10, 1-4, Penal Code of the Police of the State.) 
 
 § 6. The jails must be kept in good repair and in a condition which will not 
 endanger the health of the prisoners. In the building of new jails the use of cells 
 for individuals must be preferred. For the individual cell for day and night, there 
 must be regularly provided air space of 25 cubic meters. Only in exceptional cases 
 may this space be rediiced to 22 cubic meters. 
 
 Common rooms are to be provided only for those prisoners who are not fitted for 
 solitary confinement, for those who are under medical care, and those who are doing 
 work inside the institution which can not be done in cells. The windows are ordi- 
 narily so to be arranged that the transom can be opened and closed. The window 
 of a solitary cell shall have a surface for light of at least 1 square meter. Special 
 cells may be made with deeper windows and larger apace. In every jail there shall 
 be at least one such bright and spacious arrest room. * * * In addition each jail 
 shall have one or more specially strong cells. 
 
 § 7. At no time shall more prisoners be confined in a jail than it has capacity to 
 accommodate. Rooms which are fitted, up for common confinement by day and 
 night shall not regularly be occupied by more persons than can have air space of 
 16 cubic meters. The cells and rooms are to be marked with consecutive numbers. 
 
 § 8. In every jail must be a space large enough for exercise in open air. So far as 
 possible the jails are to be provided with encircling walls. In the courts should be 
 places for work in open air, and here protecting roofs may be provided. Swine sties 
 and manure places shall be outside the prison and in separated court. Wooden 
 supports and trellis work or easily climbed buildings shall not be attached to the 
 prison walls. Trees shall not be grown near the wall. 
 
 § 9. Each prison shall have as many beds as prisoners to be accommodated. The 
 beds shall be single. In providing new beds those of wood shall be avoided, and in 
 their place iron bedsteads which can be shut up against the wall shall be furnished. 
 For each bed a sack of chaff, or straw, or hay, of bleached ticking, and a bolster of 
 chaff, hay, or dry moss of the same stuff, two hemp towels and two woolen covers, 
 the latter, however, during the warm weather only to be used part of the time. By 
 special permission of the college of prisons and by special directions India fibre mat- 
 tresses and bolsters may be provided. Prisoners who are very dangerous may be 
 provided with beds on the floor. 
 
 § 10. In addition to the beds there shall be an adequate supply of lead, earthen, 
 or wooden water cans and cups, lead spittoons (to prevent spread of tuberculosis), 
 wash basin, wooden -clothes press, clothes and shoe brushes, night vessel. So far as 
 there is no danger of misuse the prisons will furnish table and place to sit down. 
 
MODERN PRISON SYSTEMS. 65 
 
 Second division — Direction and oversight.— I. The direction of the prisons. — 
 § 12. The direction of the jails, so far as the prisoner is not expressly placed under 
 the justice by the ordinances * * * shall be given to the justice who has charge 
 of the service or to a magistrate who acts in his place. * * * This officer, acting 
 as director, is responsible for the entire conduct of the service, and must see to it that 
 the regulations are carried out. He must watch over all affairs of prisons and pris- 
 oners so far as they are not assigned to some other officer or belong to the judge of 
 trial courts as having charge of persons under trial. 
 
 § 13. The director must give special attention to the treatment of prisoners. Suit- 
 able orders which affect the persons under trial are to be given in agreement with 
 the justice. The director of tne prison must extend his supervision also to the divi- 
 sion of the prisoners in the cells, to the food, clothing, beds, and other treatment of 
 the prisoners (as sending and receiving letters, religious service, giving out books). 
 Particular attention must be given to the employment of prisoners from the local 
 courts._ The director must occasionally examine the bread and other food furnished 
 the prisoners, and assure himself that the prisoners receive in quantity and quality 
 what belongs to them. In cold weather he must see that the heating is adequate, 
 and for this purpose must inspect all rooms. 
 
 _ § 14. At least twice in each month the director, together with a clerk of court, will 
 visit the prison at times not announced, and at such times and at others receive 
 statements from prisoners in the absence of the guard in respect to their treatment. 
 A record of these visitations and observations will be made. 
 
 § 15. All assistants and guards, inspectors, overseers, mihtary guards, cooks, serv- 
 ants, etc., are under orders of the director. * « * Exercise of disciplinary pun- 
 ishment belongs to the directing justice even where the business of the prison is 
 assigned to another justice, the power being given by order from the ministry of 
 justice. The power to exercise disciplinary punishments to guards, overseers, mili- 
 tary watchmen, cooks, servants, etc., may be punished with simple incarceration. 
 * * * All such disciplinary punishments must be reported to the college of 
 prisons. * * * 
 
 § 16. As immediate director of the service the superintendent must, in fulfillment 
 of his duties, carefully inspect the service, instruct the assistants in respect to their 
 duties, and, if necessary, warn and correct them. Where there are several assistants 
 in the institution the director assigns the duties of each and gives them their instruc- 
 tions. The records made by the guard shall be examined at least once each fortnight 
 and a certification made on the Bst. He must see that the diet list is sent to the 
 clerk of court and see that no abuses occur. Complaints of prisoners against the 
 assistants shall be sent to the director for his decision. 
 
 § 17. The clerks of the court are to aid the director in this service. 
 
 § 18. The director must see that the buildings are kept in repair and that a suffi- 
 cient stock of all utensils and materials is kept. The regulations in respect to clean- 
 liness must be carried out with great care. For cases of necessity the director must 
 keep duplicate keys to the prison. 
 
 § 19. In respect to important events in the prison, as mutiny, escapes, suicide, 
 attempts at suicide, etc., notice is to be sent at once to the college of prisons. 
 
 II. The corps of assistants. — § 20. As overseers in prisons in which care of the 
 prisoners is at cost of the state shall be appointed prison inspectors, especially 
 supervisors from the rifle corps with military rank of superior officer of supervision, 
 and in the larger prisons on state account, military overseers, with provision for 
 female overseers and cooks and other helpers. The guard of the prison has also to 
 attend to the duties of assistant in the justice's court. The prison guard and the 
 military overseer are equal in rights and duties to the officers in the higher judicial 
 prisons, save where some peculiar exception occurs in the service of the jails. In 
 the jails without state account methods the service of the guard is united with that 
 of the servant of the justice's court. To the prison guards in the sense of this 
 regulation belong all the persons charged with oversight. * * * 
 
 § 21. The prison guard has to follow the directions of the prison superintendent 
 exactly and to observe all rules of the service, with which he should be acquainted. 
 Without permission of the prison superintendent he may not go away from the 
 location of the court. In general he is under the ordinary rules of furlough. Where 
 there are several officers the rank of each is determined, and one is chosen as sui)erior. 
 
 § 22. It is the duty of the guard to keep safely the prisoners intrusted to him, to 
 watch them and care for them, to prevent unlawful communication between them, 
 care for the conduct of work, maintain order, cleanliness in the institution inclusive 
 of all furniture, and to keep a careful register of prisoners. Especial attention is 
 called to the regulations of § 347 of the Penal Code in respect to the punishment of 
 permitting escapes through purpose or neglect. 
 
 H. Doc. 452 5 
 
66 MODERN PRISON SYSTEMS. 
 
 § 23. The service of the prison guard is not limited to specified hours. During the 
 night the officers who reside in the prison inclosure may not remain outside without 
 permission of the superintendent, according to regulations. 
 
 § 24. In certain household affairs of the prison the guard may make use of the ser- 
 vices of help or members of his family, of course under careful supervision. But he 
 remains responsible for all and may not permit either a member of his family or a 
 servant to have access to any prisoner, even those under trial, unless accompanied 
 by himself. In addition the guard may, where there are not several assistants, in 
 cases of need, e. g., night visits to the prison, visits to dangerous prisoners or con- 
 veyance of such, appomt a suitable man by previous consent of the superintendent 
 who, if there is no ground for objection, may confirm and obligate such person. 
 * * * Provision for a substitute for the guard. * * * Arrangements for other 
 employees. * * * 
 
 § 25. The smoking of tobacco in time of service is forbidden. * * * The officers 
 of the royal riflemen in the jails with state account must wear uniform. 
 
 § 26. In relation to the prisoner the guard must observe an earnest and firm, but just 
 and benevolent, demeanor toward the prisoners. In the treatment of prisoners con- 
 sideration must be had for the personal nature, education, and civil position of the 
 individual. Partiality toward individuals is prohibited. It is the duty of the guard 
 to see that the prisoners conduct themselves according to the regulations, viola- 
 tions of order he must repress, but in general leave affairs to the decision of the 
 superintendent to whom information must be given immediately or at the next 
 report. If a prisoner makes complaint the guard, under penalty of punishment for 
 refusal, must bring it to the attention of the superintendent as soon as possible. 
 
 §27. All private and confidential communication of guard with prisoner is for- 
 bidden. In particular he must avoid all buying, exchanging, or lending with the 
 prisoners under any pretext. It is expressly forbidden the guard to receive any kind 
 of present from any side, especially from the prisoner, his relatives, or friends with- 
 out permission of higher authority; and under this prohibition fall the taking of 
 gifts by members of the family of the guard. In the same way, in the prisons with 
 state account, it is strictly forbidden to all employees to accept presents from those 
 who deliver wares or goods. The guard, outside the fees which belong to him in jails 
 not under state account, may not derive any advantage from his office, and particu- 
 larly may not use prisoners for his own benefit without direct permission of the 
 superintendent. (Of. , § 78. ) For failure in these directions the guard has to expect, 
 apart from penalties of §§331, 332, 358 of the Imperial Penal Code, and so far as 
 reparation tnrough administrative rules is not exacted, immediate discharge or 
 removal as punishment. * * * In relation to punishment of illegal violence 
 against prisoners and punishment of immoral relations with prisoners, reference is 
 made to §§ 339, 340 of the Penal Code, and § 174, No. 3, of Penal Code. 
 
 § 28. Silence and cautious conduct in the service generally are required of a guard, 
 and reticence especially when he is present at the examination of a person on trial. 
 It is forbidden to the guard to converse with a person on trial in respect to matters 
 of the examination. 
 
 § 29. The guard is to see that the buildings of the prison are kept in good repair, 
 and as soon as defects are apparent to give notice to the superintendent. He must 
 attend to provision of all furniture and equipment of the prison, clothing, bedding, 
 cabinetwork, locks, etc. , and to keeping them all in good condition. He must keep an 
 account of all the furniture which belongs to the institution according to prescribed 
 forms * * * and be responsible for all to the superintendent. For maintaining 
 the greatest possible cleanliness in halls and furniture he must bestow the greatest 
 care. * * * (Reference to orders of the ministry of justice.) The bedding after 
 use is to be thoroughly aired and kept in a dry place, while chains and locks must 
 be kept in a safe place not accessible to prisoners in case of outbreak. The keys of 
 the prison must be held by the guard on his person or locked up in his dwelling. 
 In case of necessity he gives them to his substitute. If there are duplicate keys 
 aside from those in possession of the superintendent (§18, 3) the superintendent 
 must give orders in relation to them. If articles are lost, notice must be given to the 
 superintendent. 
 
 § 30. The guard is to give an oral report to the superintendent each morning of 
 work days, in respect to the conduct and condition of the prisoners, as well as of 
 events in the prison. The guard must report at once in respect to unusual occur- 
 rences, as attempts at escape, observations of improper communication between 
 prisoners among themselves or with outsiders, sickness among prisoners. 
 
 §31. The regulations in regard to use of weapons by the riflemen guards are made 
 for them, and for overseers of the higher court prisons there are also suitable rules. 
 
 §32. The guard must keep records according to formulas provided in relation to 
 
MODEBN PRISON SYSTEMS. ' 67 
 
 all prisoners. In the jails under state account this labor may be assigned to some 
 other oflcicer. In other magistrate's courts the guard must keep his accounts 
 through others at his own cost unless-he keeps them himself. 
 
 III. Boards of supermion. — § 33. The College of Prisons is the board of supervision 
 of jails. It has the duty of making the necessary rules for conduct of industry and 
 order in the prisons, and in individual cases officially or on complaint to take action. 
 
 § 34. The College of Prisons is to satisfy itself in regard to the condition of the jails, 
 not only by receiving reports, but also by making periodical visits of inspection 
 (under rules prescribed). * * * At the close of each fiscal year a report respect- 
 ing the prisoners and persons on trial confined in jails shall be laid before the Col- 
 lege of Prisons by the superintendent in tabular form, together with a report upon 
 observations and recommendations so far as they have not already been mentioned 
 during the year. * * * In addition to the visits of inspection of the College of 
 Prisons others may be required of superintendents of the higher court prisons. On 
 May 1 of each fiscal year the College of Prisons is to render a report of all visits to 
 jails made during the last year to the ministry of justice. Visit i of inspection by the 
 state courts are not excluded. * * * Of th'3 rt suits of such visitationa the state 
 court, so far as measures affecting the actions of the College of Prisons are concerned 
 or so far as important observations are made by the visitor, shall make communica- 
 tion to the College of Prisons. 
 
 § 35. The prison inspectors and military overseers of the jails are subordinate to 
 the College of Prisons when they are simply occupied with prison service in all that 
 relates to superior supervision. The appointment, transfer, and discharge of military 
 overseers will at present belong to the College of Prisons. 
 
 § 36. To the College of Prisons and the superintendent belong the same authority 
 to assign punishments in respect to the entire force of non-judicial assistants as in 
 respect to the officers in a prison. * * * The College of Prisons comes into the 
 position of the superior board in case of complaints against the disciplinary measures 
 which are ordered by the justice or superintendent. * * * 
 
 § 37. The highest authority over jails belongs to the ministry of justice. Ordi- 
 nances of a general nature, for which the College of Prisons finds occasion, are first 
 to be laid before the ministry of justice before they are announced. The College of 
 Prisons shall make report to the ministry of justice about unusual events. * * * 
 To the report made by the College of Prisons to the ministry of justice in relation to 
 the condition of the higher court prisons shall be added a report on the jails. 
 
 IV. Means of discipline. — § 126. Without prejudice to judicial penalties, after the 
 withdrawal of privileges and luxuries, and where a reminder or warning does not 
 suffice, the following punishments may be employed: (a') Against persons on trial: 
 fine to 100 mark, sharpening of the incarceration by givmg a less comfortable bed 
 for eight days, diminution of food every other day for eight days; (6) against 
 prisoners serving sentence: diminution of food every other day but not beyond one 
 week. Some of these forms may be used together. * * * 
 
 § 127. A summary trial must be given before a disciplinary punishment is ordered, 
 and the prisoner given information as to the charge and a chance to answer. The 
 order for punishment and its reason must be recorded. The superintendent must 
 keep a record in which he marks down orders from judge and other officials in 
 relation to punishments. (Eeferences as to competence of judges.) * * * In 
 respect to complaints against orders made by a judge the Code of Penal Procedure 
 determines. In serious cases the College of Prisons decides the punishment of pris- 
 oners under sentence, but usually the superintendent is competent. * * * Com- 
 plaints against the order of a superintendent go to the College of Prisons, but the 
 punishment is not delayed. 
 
 V. Work. — § 61. In all jails there must be a regular system of work, which must 
 include all needful household labor and other industry on State account or on order. 
 The superintendent is responsible for arranging suitable occupation, while the 
 immediate supervision of work is the task of the guard. 
 
 § 62. In order to lighten the burden of maintaing suitable and constant employment 
 of prisoners the superintendents may ask the aid of the administration of the higher 
 judicial prisons, and these are directed to give them help. In consequence of a notifi- 
 cation of the ministry of the interior and of finances, the superior officers, forest 
 officials, hunting officials, officers of the circle, and street-construction inspectors may 
 be asked for aid. In proper cases the communal boards may be asked for help. 
 
 § 63. Occupations which threaten health are excluded. 
 
 §64. As occupations suitable for inside work are: Culling coffee beans and other 
 imported wares, handling vegetables, making envelopes, paper bags, spinning, wind- 
 ing, sewing on buttons, preparing feathers, weaving baskets and straw, making tufts 
 for mats, box making, picking hops, wool, horsehair, sea grass, etc., stripping willow 
 
68 MODERN PRISON SYSTEMS. 
 
 and ornamenting with it, stripping tobacco, -washing and other work not requiring 
 much training; and for female prisoners especially, mending stockings, sewing, repair- 
 ing clothes, making linen handkerchiefs, shirts, etc., mincing, repairing bedding; and 
 for those already educated, copying and attending to accounts. Hand workers 
 (tailors, shoemakers, etc. ) may be busy with their crafts. 
 
 § 65. For work in courts or outside may be used wood cutting, breaking coals, and 
 breaking stone. Since work outside must be avoided as far as possible it must be con- 
 sidered whether it will be more economical to bring material for woodcutting into 
 the institution and carry it out again rather than have the work done outside with 
 cost for supervision. Under proper circumstances improvement of roads and simple 
 forest industry may be used. 
 
 § 66. In addition to employing prisoners in cleansing the prison they may be 
 employed in the service of the local court buildings, especially in scrubbing. 
 
 § 67. Preference is always to be given to work for the State and for communes. 
 Prisoners who have trades, as tailors and shoemakers, must first of all be employed 
 in the service of the institution. 
 
 § 68. In the case of outside occupations, when the forest or road officials are not 
 made overseers, and the contract covers cost, temporary officers may be appointed 
 and belong to the department of justice. 
 
 § 69. Outside work for private persons is only exceptionally, and only for prisoners 
 under punishment, permissible, and strict supervision is required. Occupation in 
 factories outside the prison is not permitted. 
 
 § 70. Public advertisement of offers of labor must be avoided. In the larger prison 
 populations not too many persons are to be employed at one trade. In labor for 
 private persons competition with the poorest stratum of population is to be avoided. 
 
 § 71. It is recommended to make contracts with managers for suitable work, as 
 sewing on buttons with button factories. 
 
 § 72. In reference to applying labor these rules are to be observed: Those serving 
 sentences in jails may, according to § 16 of the Penal Code, be employed at suitable 
 labor carried on in the jails; at their request they are to be so employed. Occupation 
 outside is forbidden, and without their consent, and if employed in this way, they 
 must be kept apart from free.laborers. Those condemned to qualified incarceration, 
 according to regulations, may be employed at work suited to their capacity inside 
 the prison, and if kept apart from free laborers, outside. It is not necessary to inter- 
 pret the expression "suitable to his capacity" as meaning exclusively that work 
 which he has previously learned. 
 
 § 73. Excuse from labor suited to capacity and nature maybe given by the director 
 only under peculiar circumstances which justify it. Such excuse is proper especially 
 with the sickly, feeble, and infirm prisoners. It is especially desirable where 
 enforcement of compulsory work, considering the nature of the person and the offense 
 for which he is punished, might appear to be an unusual hardship. Excuse from 
 compulsory labor for the sake of self-employment { § 77) may be made by the director 
 dependent upon the payment of a sum by the prisoner to go to the fund for reward 
 of work. 
 
 § 74. All other prisoners, not mentioned in § 72, can not be required to work; their 
 voluntary labor in the prison is, however, to be promoted as far as possible. The 
 occupation of persona under trial is at the choice of the judge. This permission may 
 generally be given in advance, with the understanding that it may be recalled in 
 particular cases. 
 
 § 75. The daily time of labor shall not exceed nine hours. On Sundays, and on 
 those festivals and holidays legally recognized, work in jails ceases, except that 
 which is necessary for the order of the house. On such days the Israelitish prisoners 
 may be permitted to work, so long as they do not disturb others and do not require 
 the supervision of officials. 
 
 § 76. The superintendent decides how the prisoners shall be employed. In this 
 matter the wishes of the prisoner are to be consulted so far as practicable. Especially is 
 this the case with those who work voluntarily. Constant consideration must be had 
 for the health, age, and sex, capacities, and knowledge, education, and habits of Ufe 
 of the prisoner. In work the youthful prisoners must be separated from adults, and 
 persons on trial, as a rule, from those under sentence. The judge decides in respect 
 to the work of persons on trial. So far as the nature of the work perinits, the task 
 assigned shall be so great that it can be performed only by industry and persistence. 
 It is recommended to set a task for the days, so that ordinarily each prisoner will be 
 required to finish his task, while the weak and infirm are excused from some part of 
 it. In the latter case the day's work may be less than nine hours. Especial atten- 
 tion is to be given to the measure of the task of voluntary laborers. The completion 
 of the task does not excuse the person from working during the rest of the working 
 hours. If the nature of the occupation does not permit the assignment of a definite 
 
MODEKN PRISON SYSTEMS. 69 
 
 task measures are to be taken to secure steady labor during the entire day, accord- 
 ing to the physical power, capacity, and skill of the prisoner. The working prisoners 
 must be obedient to the orders regulating labor. Refusal to work, as well as 
 unsatisfactory and incomplete results, expose the prisoner who is required to labor 
 to disciplinary punishments. The other prisoners have in this case to expect 
 exclusion from prison work. 
 
 § 77. To those prisoners who are not required to work upon the occupations of the 
 institution, and to those who do not participate in these voluntarily, employment at 
 their own cost may be permitted, suited to their social status and means, so far as 
 this occupation is not inconsistent with the purpose of incarceration, and does not 
 disturb the order and security of the prison. To a prisoner serving a sentence, such 
 self-employment is permitted only when they are in possession of citizen rights and 
 have not served a term in a penitentiary. For granting this privilege the consent 
 of the College of Prisons is requisite. 
 
 § 78. In connection with the industries of the prison a moderate clear profit is, so 
 far as practicable, to be gained, and this profit flows into the State fund. The rate 
 of wages, the prices of products, etc., will be fixed by the superintendent after con- 
 sulting the guard. Underbidding free labor is forbidden. Only work for public 
 authorities may, in case of necessity, be done at a price which will in any event 
 secure this profit. In extreme instances work may be done for public authorities 
 gratis if other occupation can not be found. In case of work for daily wages which 
 are paid for out of the local magistrates' funds (as splitting office wood, clerical 
 labors, etc. ) the daily wage for men is reckoned at 60 pfennig, and of women at 40 
 pfennig. Work for the jails alone is gratis. The superintendent is empowered, in 
 suitable situations, to permit the guard to employ prisoners in house work connected 
 with the prison, which is helpful to the guard, without requiring payment from the 
 guard. But payment by the guard may, in some instances, be required. In the 
 employment of prisoners on work in the buildings of the court which are not con- 
 nected with the prison industry, and which the officer of the court must attend to at 
 his cost (as cleansing and heating the halls of the offices), the officer must himself 
 pay. 
 
 § 79. In every jail an account will be kept of the earnings of labor. 
 
 § 80. From this fund the costs of the industry will be first met. After this rewards 
 and premiums may be paid out of this fund to prisoners. The superintendent may 
 pay, according to industry and achievement, as reward of labor, 1 to 15 pfennig a day. 
 For overtime work a corresponding increase of at most 10 pfennig may be made. 
 Prisoners occupied with very heavy work may also be allowed an extra bread por- 
 tion up to 250 grams. Such extra portion of bread may be allowed in suitable cases 
 instead of money premium. Work done for the prison itself may have extra reward. 
 As a rule the premium will be paid at release or sent afterwards. Control over the 
 premium during term of confinement is permitted only on order of the superintendent. 
 
 § 81. Rewards may be paid out to those guards who have deserved extra allowances, 
 and these come from the fund kept for the purpose, regard being had for the clear 
 profit to the institution. These rewards to the guards are to be paid after the end of 
 the fiscal year for such special desert in connection with the industry. The superin- 
 tendent is to offer the proper payments when the accounts are finished, and in making 
 the account the extent to which the guard has had the service of prisoners must be 
 counted in. If there is no profit then there will be no reward to the guard. 
 
 § 82. The surplus left in the fund for reward of work is to be paid into the fund for 
 the costs of inquisition, or in prisons kept on State account into the prison fund, from 
 which fund the necessary payments and additions to the reward of work must be 
 met. 
 
 §83. In prisons where there are separate funds and accounts the clerk of the 
 magistrate will keep accounts, and at Stuttgart and Ulm the jail inspectors. The 
 money belonging to the reward-of-work fund is to be kept in the vault of the magis- 
 trate's court. * * * 
 
 VI. Religious care and libraries. — § 112. The prisoners shall not be refused access 
 to a clergyman of their own faith. Ordinarily it is not permitted to call in clergy- 
 men from without at state cost, but in urgent cases of sickness or long confine- 
 ment on trial the superintendent may take this step. Care must be taken that regu- 
 lar religious care is supplied, and the wants_ of youthful persons are to be especially 
 met. In any cases youth of school age must share in this benefit. Generally, par- 
 ticipation in religious exercises is voluntary. The judge has power to regulate these 
 exercises so as to carry out the purpose of the confinement of persons on trial. The 
 superintendent has similar authority in case of other prisoners. 
 
 §113. In accordance with the agreement of the evangelical consistory, the episco- 
 pal ordinary, and the Israelitish superior church board, the religious care given, as 
 far as practicable, is to be gratuitous. The church authorities will furnish to the 
 
70 MODBKlSr PRISON SYSTEMS. 
 
 superintendent the names of clergymen assigned to this duty. If the clergyman so 
 designated is not at the same time the clergyman of the residence of the prisoner, 
 and if the latter desires to visit the prisoner, this wish is to be communicated to the 
 superintendent by the chaplain of the prison. 
 
 § 114. Among the cases of exceptional call of an outside clergyman at state cost, 
 comes the request of a Catholic prisoner who must pass the entire time when he has 
 Easter duties to fulfill in the jail, and when the jail at this time has no regular religi- 
 ous care. Such costs are reclsoned among the "general criminal costs." 
 
 § 115. Ordinary religious care consists in visite of the clergyman to prisoners of 
 their own confession. It is better for the superintendent to have an agreement with 
 the clergyman as to the particular day of the visits. A list of the prisoners and per- 
 sons on trial is to be furnished the clergyman at his request. The visits to youthful 
 persons and to other prisoners who may not refuse to receive visits shall be in a cell, 
 or, where there is congregate imprisonment, in a room set apart for the purpose. The 
 presence of an overseer is in order only when ordered by the judge or superintendent 
 or is requested by the clergyman himself. Any improper conduct of the prisoner is 
 to be reported to the superintendent by the clergyman, for the sake of further treat- 
 ment. 
 
 § 116. The clergyman has no claim to inspect the records of prisoners, and yet 
 this may be permitted in suitable case of prisoners under sentence if there is no 
 ground for question. 
 
 § 117. Congregate worship is permitted in jails only by special order of the prison 
 college. 
 
 § 118. Books of religious and instructive character must be supplied in adequate 
 number for all jails. The prison college decides upon the selection of new pur- 
 chases. The reading of other suitable books in addition to those in the library may 
 be permitted. The prison college will see that several copies of the Bible, of the 
 New Testament, in the Lutheran and Catholic versions, and of the evangelical and 
 Catholic hymn books shall be supplied, as well as other devotional pubhcations. 
 The prison chaplains may suggest titles of other books for purchase. The judge 
 retains the authority to direct the reading for persons under trial. 
 
 VII. Discharge of prisoners. — § 128. The discharge of prisoners is under the respon- 
 sible conduct of the superintendent. The discharge of persons on trial is made 
 only by written order of judge or state counsel. The order is to be laid before the 
 superintendent, unless he has issued it himself, either before the end of sentence or, 
 at latest, next day, for validation. After expiration of term the prisoner is to be dis- 
 charged without express order, by the guard. If the prisoner is to be delivered to 
 another authority, the guard is to give timely notification. Of the discharge or 
 delivery the superintendent is to have notice, which shall be noted on the order if 
 it is in written form. See § 110 in respect to discharge of sick prisoners. 
 
 § 129. On request, the prisoner shall be given a statement that he has served out 
 his sentence. This certificate is made out by the superintendent. For those persons 
 released, for whom protective oversight is appropnate, it shall be supplied, and for 
 this purpose the superintendent shall correspond in good season with the society for 
 aiding discharged prisoners. Neglected youth are also to be specially watched over. 
 * * * Sick prisoners who are without means are to be referred for temporary or 
 permanent help to the poor relief authorities of the place of settlement. 
 
 VIII. Particular regulations relating to treatment of persons on trial and of per- 
 sons incarcerated. — § 130. In the treatment of persons on trial the directions of 
 § 116 of the Code of Penal Procedure and the foregoing rules are to be strictly 
 observed. It must not be forgotten that the persons on trial are not deprived of 
 libertjr as punishment, and that therefore they must not be more restricted of liberty 
 than IS necessary to retain them securely and maintain the order of the prison. 
 Conveniences and occupation suitable to social position and means may be enjoyed 
 by the prisoner at his own cost, so far as the purpose of confinement and the order of 
 the institution permit. The judge usually gives directions, but in urgent cases the 
 superintendent. 
 
 1 131. (Directions for administration of separate jails for persons on trial. The 
 usual rules apply. ) * * * 
 
 § 132. The penalty of incarceration (Haft) consists in simple deprivation of liberty 
 (§18 of Penal Code). * * * 
 
 Addition, § 133. Directions for placing certain military and other prisoners in jails. 
 
 § 134. Provisions for punishment of light and civil offenses. The civil prisoners 
 are simply deprived of liberty; writing materials are given them; correspondence 
 is not restricted; visits may be received without the presence of an officer; cleansing 
 of cells is under direction of the administration; civil prisoners arrested at petition of 
 a creditor are released when the creditor consents, or when the sum forwarded for 
 maintenance is exhausted, or the period of six months has been reached. 
 
MODEBN PBI80N SYSTEMS. 71 
 
 AUSTRIA.^ 
 
 ORGANIZATION OF THE ADMINISTRATION. 
 
 [From the Regulations for the Officers of the Prison at Marburg. (Dienstvorsohrift, 1889), with later 
 
 additions, 1891.] 
 
 All officers are under the direction and discipline of the superior counsellor of state 
 and the ministry of justice, constituting the highest board of prison affairs. These 
 highest authorities exercise supervision through the house commissioner of the estab- 
 lishment, to whom the prison officers owe obedience. 
 
 In relation to execution of the law regulating cellular imprisonment, the officials 
 must follow the orders of the commission over penal administration and voluntarily 
 furnish them information desired. 
 
 The officers of the prison are: The chief director, the steward, the controller, the 
 assistant, the Catholic chaplain, the house physician, the teacher, the inspector of 
 the guards. The administrative officers are the director, steward, controller, and 
 assistant. 
 
 The officers, except the chaplain, take an oath on entering the office, promising to 
 perform their duties. During service all wear a uniform, except the chaplain, physi- 
 cian, and teacher. 
 
 No officer may have any financial dealings with prisoners nor receive presents. 
 The ordinary duties of honesty, kindness, and courtesy are required of all. The direc- 
 tor is responsible for all that is done in the establishment. 
 
 A conference of officers is held each week. The members do not vote, but if the 
 majority differs from the director he must record the reasons for his decision. The 
 director must personally inspect all parts of the establishment and see that the 
 regulations are enforced. He examines each new prisoner and gives instructions as 
 to his treatment. The prisoner is held alone in a reception cell for the first twenty- 
 four hours and examined by the physician, chaplain, teacher, and steward. 
 
 He may not permit strangers to visit the prison without permission from the min- 
 istry of justice or the superior counsellor of state; visitors must be accompanied by an 
 officer, and, as a rule, remain not over one hour. 
 
 Once a month there is a meeting of all the officers, the house commissioner pre- 
 siding, for a statement of all events of interest. Complaints of prisoners and com- 
 munications from the ministry are heard. 
 
 The steward and controller are in charge of the accounts of the establishment, the 
 purchase of supplies, contracts, stores, lighting, heating, building, and repairs — 
 minute directions being given in the rules for their government in office. 
 
 The assistant (adjunct) aids the director, attends to minutes of conferences, and 
 helps the steward when needed. He keeps a record for each prisoner — his physical 
 and moral condition, conduct, and events in his life. 
 
 The chaplain is pastor of the Catholic prisoners. In religious conduct he is subject 
 to his ecclesiastical superiors, and in relation to the service, to the director. Religion 
 is taught in the school, and twice a year the chaplain conducts an examination in the 
 subject. 
 
 Beligious teachers of other than Catholic faith are permitted access to the jirison, 
 under its rules, and all religious teachers are expected to be conciliatory and friendly 
 in their relations to prisoners of different faith. 
 
 The physician renders professional help gratuitously to officers and prisoners, 
 watches over sanitarj' conditions, visits each cell at least once in three weeks, inspects 
 food, controls supplies of medicines, renders an annual report. 
 
 The house teachers give instruction to those who need it, especially in the depart- 
 ment for young prisoners, in the elementary school branches, music, and agriculture, 
 cares for the library, and conducts the choir, under the direction of the head teacher. 
 The older and younger jirisoners are taught in two separate schools, with two grades 
 in each school. All prisoners under 35 years are required to attend, and older per- 
 sons are not excluded. Teachers are required to give special attention, in giving 
 instruction and in selecting reading, to the awakening of the moral sense and regard 
 for law. They are to study the individual character of each person, and seek to 
 influence his conduct. Guards help to keep order in schools. Records of school 
 work are kept for each prisoner. Semiannual examinations are given and premiums 
 for special excellence are distributed. 
 
 oin the translation of Austrian documents I have been assisted by my students, Miss Eenfi B. Stern, 
 Mr. H. L. Richardson, Mr. Karl Stein, and Mr. J. Holm. C. R. H. 
 
72 MODERN PRISON SYSTEMS. 
 
 The iBspector of guards is responsible for the conduct of the overseers, and is 
 required to assist the director in maintaining discipline. He is required to be in the 
 establishment during work hours; to inspect cells; to keep inventories of clothing, 
 furniture, etc., and acts on the commission for examining candidates for positions as 
 guards. 
 
 Guards must have these qualifications: They must be Austrian citizens, not over 
 35 years of age, of good health, unquestioned character; must be able to read and 
 write both the languages of the country, and have certificate of military service. 
 Men who can teach trades are preferred. The first examination is provisional. A 
 definite appointment follows only after a year's probation, in which the candidate 
 has shown his fitness for the place and passed a second examination by the director, 
 steward, and inspector of guards. The appointments of guards are made by the 
 house commissioner; that of the chief of guards by the superior counsellor of state, 
 after a competitive test. The guards wear uniforms and carry sword and firearms 
 when on duty, and arms may be used only in case of necessity. 
 
 Guards are not permitted to marry without consent of the counsellor of state, the 
 penalty being dismissal. Only a certain number of guards may be married men. 
 Guards must have no financial dealings with prisoners; must be kind but firm with 
 them; address them respectfullj^ (usually with "Sie"). Guards are subject to dis- 
 ciplinary punishments for violation of rules of service — oral reproof; written admoni- 
 tion; oral reproof before other guards; deprivation of privilege of going out on free 
 days; incarceration for twenty-four hours, with or without fasting; reduction of 
 grade; expulsion from service for serious offenses, or where previous penalties have 
 failed of effect. The authorities who pronounce penalties are the director, house 
 commissioner, and superior counsellor of state, with appeal in important cases to the 
 minister of justice. 
 
 [The various duties of the guards are described with much detail (articles 161 to 
 269), not necessary to give in full here, since the German and other documents cover 
 the same points. C. E. H.] 
 
 The Prison at KoENEUBnBQ, its Scope. 
 
 [Statutes of the National Institution of Penal Servitude of Lower Austria, at Korneuburg. Ordered at 
 
 Vienna, December 17, 1897.] 
 
 General laws. — § 1. Purpose of the instUulion. — The National Institution of Penal 
 Servitude at Korneuburg is for persons of the male sex, who have passed their 
 eighteenth year of age, are held to be admissible by the law, officially published May 
 24, 1885, and it aims to habituate the arrested to an industrious lite and give them 
 the best possible chance to earn their living in an honest way after their dismissal 
 from the institution. 
 
 § 2. Appellaiion. — The arrested are called "Zwanglinge"^ — i. e., men who are under 
 compulsory regulations. 
 
 §3. Means for the purpose. — The means that answer the purpose of the institution 
 are: (a) Pastoral care; (b) the endeavor to accustom them to labor, agricultural or 
 industrial. 
 
 § 4. Conditions for admission. — ^The prison of Lower Austria [at Korneuburg] receives 
 only individuals of the male sex, who have passed the eighteenth year of their age, 
 and whose delivery was ordered by the national commission. 
 
 INSTBUCTIONS FOR THE SERVICE OF THE DIRECTOR AND OTHER OFFICERS. 
 
 § 1. The staff of officers in the Lower Austrian State reformatorjr, in Korneuburg, 
 is to consist of one director in the seventh-rank class, one officer in the ninth-rank 
 class ("Eevident"), one officer in the tenth-rank class, two assistants (aspirants). 
 One of these officers has the care of bookkeeping and treasury work; the other must 
 conduct business of manufacture. In these instructions the first shall be called treas- 
 urer, the other material officer. All officers as well as assistants are subject to rules 
 of service and are entitled to the emoluments authorized by the Lower Austrian Diet. 
 
 § 2. The appointment of every officer and assistant is made by the State board of 
 commissioners. The appointment of director must be confirmed by the imperial 
 Government. 
 
 § 3. During the performance of their service in the institution all officers must 
 appear in proper uniform. 
 
 §4. In all service and work of the institution the director has the highest super- 
 vision. He is responsible for the proper and full observance of all laws and instruc- 
 tions in the institution. Without permission Irom the board of commissioners he can 
 not absent himself from the institution more than twenty-four hours. 
 
MODERN PRISON SYSTEMS. 73 
 
 § 5. The employment and dismissal of watchmen is in the hands or the director. 
 He must give his consent to-employment and dismissal of officers, as well as to any 
 contract for service between accepted servants. According to his judgment he dis- 
 tributes the work among ofiBcers and servants, under the regulations. 
 
 § 6. The directors' leading and oversight pertains especially to: (1) Personal treat- 
 ment, boarding, clothing, and the training of convicts and correctionals; (2) clean- 
 liness, health instruction (especially in view of cleaning, ventilation, heating, and 
 lighting rooms), and care for sick; (3) holding of service, religious and school instruc- 
 tion; (4) maintenance of buildings, tools, and storehouses; (5) conducting of treas- 
 ury accounts, bills, lists, etc.; (6) the business with the boards, and (7) behavior of 
 all employees in the institution. 
 
 § 7. In order to fulfill the duties of this service the director must go outside of his 
 office as much as possible, and at unexpected times look after all interests. 
 
 § 8. He must receive every morning and evening the report of the senior officer 
 regarding regular service and other matters. All announcements which need reply 
 he must, if possible, attend to promptly. 
 
 § 9. The director exercises the power of discipline (punishment over convicts and 
 correctionals) as well as the oversight over officers and watchmen, according to exist- 
 ing rules and directions, and he watches over the proper execution of penalties. In 
 case extraordinary conditions arise he is authorized to give necessary instructions, 
 and after violation of law by convicts he must make proper arrangements, and 
 must especially keep a watchful eye over the beginning of conspiracies. If in the 
 institution peace and order is disturbed, the director is then bound to call the assist- 
 ance of the militia if he can in no other way restore peace. In such a case he must, 
 however, through telegraphing, inform the district officer as well as the city authori- 
 ties and commissioners. 
 
 § 10. He must continually look after regular and proper keeping, as well as proper 
 and continuous employment of the convicts and correctionals. The necessaries for 
 housekeeping, as well as the needed material and tools for the occupation of convicts 
 are to be obtained by the material officer with his consent. After consulting with 
 the material officer he makes the proposals to the State commissioners concerning the 
 carrying on of business and makes changes by which work is to be done by convicts 
 and correctionals. Without his permission no convict can do any other work but 
 that to which he is appointed by the director. Prices for work and wages are to be 
 calculated by the foreman and proposed by the material officer in writing, while the 
 director decides them. 
 
 § 11. The director, with the assistance of the material officer, makes an advanced 
 yearly budget for the necessaries of the institution, and is therefore responsible for 
 the budget and its outcome. 
 
 § 12. Accounts, which are at certain periods sent to the board of commissioners, 
 are given first to the director for inspection and correction. 
 
 § 13. At the end of every year the director submits a report concerning all official 
 matters to the board of commissioners. During the year he makes at stated inter- 
 vals such reports as are necessary and brings to notice all important occurrences. 
 
 § 14. In the absence of the director it is left to the commissioners to appoint one 
 of the other two officers, who as substitutes have his authority. In such cases the 
 substitute has to observe the instructions for the director. 
 
 §15. To the office of treasurer belong the business of the institution treasury, 
 the keeping of books, notices, etc., which do not belong to the material officer. 
 The treasurer must do all such work as the director sees fit to give him. In all 
 things the treasurer must act according to the treasury instruction. The treasurer 
 receives all incoming money and pays all bills which are by the director so ordered. 
 At the end of every month, or as often as the director sees fit, the treasurer must 
 give an account of the state of the treasury. Treasury books, accounts, and the 
 monthly reports are to be signed by the director and treasurer. Concerning the day 
 and night inspection service in the institution the treasurer must confer with the 
 material officer and the two assistants. 
 
 § 16. The material officer must look after all accounts, stores, stock, and house- 
 keeping, the execution of work among convicts, as well as shipment of factory 
 products 
 
 § 17. For his support he receives an assistant. 
 
 1 18. All stores under his care are under his sole administration. He is required, 
 however, at the desire of the director, to open the storehouses and submit the books 
 for inspection. 
 
 § 19. It belongs to the duty of material officer to obtain all necessaries for the house, 
 all working material and tools, look to shipments, use of property, etc. , in conference 
 with the director. Concerning the shipment of goods he must at all times keep rec- 
 
74 MODEEN PRISON STJ STEMS. 
 
 ord. In case such goods are not immediately used, he stores them away into the 
 storehouse and from there gives them out. 
 
 § 20. All articles produced in the institution he also removes to the storehouse, and 
 from here delivers them at set prices to the rightful owners. The fixing of prices for 
 the products and wages is done by the director, after the foremen and material officer 
 have submitted their calculation and proposals. 
 
 §21. The conduct of factory, material, and storehouse accounts, as well as the 
 making out of bills, is done under his direction by his assistant. To the assistant the 
 keeping of the invoice and other office work can be given by permission of the director 
 and under the direction of the material officer. 
 
 § 22. Under his immediate supervision are the tools and instruments for work, 
 which are under the care of foremen and overseers, as well as the stocks and goods 
 intrusted to overseers. This oversight he exercises by proving the invoice books, 
 taking account of stock, looking over the books, and controlling the weight, measure, 
 and quality of stores, several times during the year. 
 
 § 23. Also the use of material for work he controls through repeated examinations.' 
 
 § 24. The material officer is permitted and bound to assure himself concerning the 
 condition of the invoice, which is given in trust to a special officer. 
 
 §25. He fixes the wages (with permission from the director) of the convicts and 
 correctionals, sees that they are employed, cares for quality of work and for well- 
 regulated shipment of products. 
 
 § 26. The director and material officer must have especially the financial interest of 
 the institution at heart. It is therefore their duty to give continued attention to the 
 commercial interest, the reasonable supply of working material and tools, the neces- 
 saries of the keeping of house, openings for selling products, the spending of the 
 wages of convicts and correctionals, as well as care for good use of tools, etc. 
 
 § 27. In order that he may do this, he must spend his spare time in the rooms of 
 the institution and must everywhere keep an open eye. He must especially watch 
 the overseers and workers in the wash rooms and kitchen, and insist on having clean 
 dishes and the proper distribution of meals, etc. 
 
 § 28. The material officer must so care for all business pertaining to keeping of 
 house as is legally intrusted to him, while the director here also has the highest 
 supervision and control. He must, therefore, give immediate notice about such 
 things especially as are of vital importance to the director, and must give him an 
 explanation of their occurrence. In like manner is he bound to observe all direc- 
 tions concerning such business as the director gives. 
 
 §29. At the close of every year he must give such helps and instruction as are 
 necessary for making of a yearly report, in such a form that they can be entered into 
 the report at the proper place as an independent statement. 
 
 §30. Assistants must, besides their regular work, complete all such work as is 
 given them by the director, and he must continually watch that they are always 
 thoroughly instructed in all branches of the institution service, and so be educated 
 and trained to be good officers. He must especially see that at least one of the 
 assistants prepares for conduct of agricultural business. 
 
 INSTRUCTIONS FOR THE SERVICB OF GUARDS AND OVERSEERS. 
 
 General duties of the overseers and guards. — § 1. The overseers and guards 
 are subject to the orders of the director of the institution, and it is their duty to treat 
 him, as well as the remaining officers and functionaries with respect, and to promptly 
 execute their commands. 
 
 § 2. The overseers shall be appointed by the State Commission of Lower Austria, 
 and the regulations of public service are applicable to them. Their privileges are 
 regulated by the Diet. 
 
 § 3. Those who are selected as guards must be citizens of Lower Austria, must be 
 sound in bodjr and mind, less than 40 years of age, unmarried, have completed their 
 military service, and they must show that their previous life has been without stain, 
 and that they have a knowledge of reading, writing, and arithmetic. They shall be 
 received on the proposal of the directorate by the state commission and draw supplies 
 apportioned to the places. Guards may leave their positions upon giving a notice of 
 fourteen days. The directorate can discharge guards, after securing consent of the 
 state commission, ui)on fourteen days' notice, without giving reasons. Likewise can 
 the management, with the consent of the state commission, order the immediate 
 discharge of a watchman. In case of the necessity of the immediate discharge 
 of a guard, this may be done by the directorate itself, and afterwards secure the 
 approbation of the state commission. 
 
MODEEN PEISON SYSTEMS. V5 
 
 § 4. The overseers, as well as their widows and orphans, are entitled to a pension. 
 The guards have a claim, according to the amount of their service, stated in the 
 standing rules of the service of Lower Austria. 
 
 § 5. Leave of absence up to eight days may be granted to overseers and guards by the 
 director of the institution. A longer leave of absence must be obtained through the 
 director from the state commission. 
 
 § 6. The guards must lodge in the institution. 
 
 1 7. The conduct of the overseers and guards should be grave, seemly, and cour- 
 teous. They should never forget that they have been appointed to preserve the 
 order and security of the institution, as well as to detect and render innocuous the acts 
 of dangerous persons. Every form of encroachment, all roughness in word or deed in 
 the performance of his duties, brings his service into disrepute and I'enders his inter- 
 vention more difficult. It should be habitual with the overseers, jealous of their 
 good name, to exercise mutual watchfulness, and wherever it is possible to suppress 
 vices and bad habits in their very inception. 
 
 § 8. While on duty the overseers and guards must dress well, neatly, and according 
 to regulations. When not on duty they may wear the dress of a civilian. 
 
 § 9. During the performance of their duties, it is not permitted the overseers and 
 guards to smoke tobacco. 
 
 1 10. Intercourse with people of doubtful reputation, and likewise the visitation of 
 evil and vicious persons is forbidden. Nor may such persons be permitted to visit 
 the quarters of the overseers and guards, nor may they be brought there by others. 
 
 § 11. Although it may be assumed that the overseers and guards would never be 
 addicted to drunkenness, yet on account of the consequences an explicit warning is 
 given against this vice. Excessive indulgence in spirituous liquors, gambling, 
 carousing, and the contraction of debts are vices which in the guards and overseers 
 must not be tolerated in the least, and therefore they must be expelled with unre- 
 lenting severity. 
 
 § 12. The indispensable virtues for overseers and guards are incorruptibleness and 
 veracity. But by incorruptibleness it is understood that one is incapable of corrup- 
 tion not only through money or its equivalent, but also that he will not permit 
 himself to be seduced from his duty by relationship or friendship, by personal likes 
 or dislikes, or, in general, by any sort of motive; and he must always give the 
 requisite reports of his service with absolute truthfulness. 
 
 § 13. The overseers and guards must hold the inmates for restraint and reform to 
 a most exact fulfillment of prescribed conditions with zeal and reasonable admoni- 
 tions, but in no way by the use of arbitrary power. Should an inmate fail to treat an 
 overseer or guard with proper respect, the officer is not permitted to obtain redress 
 by the use of personal force, but concerning the matter he should make a short, 
 truthful report. 
 
 § 14. In case that an inmate should become violent or aggressive against the one 
 over him or should undertake to do any act where danger would result from delay, 
 then it is quite proper for the overseer to even use physical force against him, either 
 alone or in conjunction with his comrades, and, indeed, the circumstances demand 
 this to prevent a greater evil to the bold assailant. 
 
 § 15. The overseers and guards should wear uniforms and be sufficiently armed. 
 When the overseers and guards who are armed with guns and revolvers return to 
 their quarters from their duties they should carefully unldad their guns and revolvers 
 and deposit both weapons and ammunition in a guarded manner in some prescribed 
 place, so that they may not come into the possession of those to whom they do not 
 belong, in which event every man is held responsible. 
 
 § 16. The overseers and guards can make use of their weapons against the inmates 
 in the following instances: (1) In the case of necessary defense to ward off an attack 
 upon his own person, upon that of some functionary or other officer, or upon another 
 inmate; (2) in case of insurrection and riot, in so far as it is necessary to quell the 
 insurrection and to restore order; (3) in the case of breaking out of prison, if the 
 inmates should resist capture, either by force or threat of injury. Theuseof weapons 
 should not be extended beyond that which is absolutely necessary, as in the preven- 
 tion of breaking out and escape, the quelling of riot, and resisting of assault. When- 
 ever it is possible there should be a preliminary summons to return and obedience. 
 The overseers ajid guards should be vigilant against every form of excess in the use 
 of weapons, and, except in the case of the most imperative necessity, they should 
 never omit to call help to their aid, rather than to proceed alone with a greater use 
 of violent means. In addition, also, there may be an exigency when immediate action 
 is necessary and when the director is not present. Then the overseers are authorized 
 to arrest an inmate provisionally. In such a case, however, one should make an 
 immediate report to the director. 
 
76 MODERN PEISON SYSTEMS. 
 
 § 17. Although the overseers and guards remain permanently m the institution, 
 nevertheless they should be so classified that unless weighty reasons should prevent 
 every man may have at least eight hours in every twenty-four for rest, and one 
 afternoon every week for his own free disposal. 
 
 § 18. During the walks of the inmates, as well as whenever the director thinks it 
 necessary for the good of the service, all the overseers and guards must be present 
 in the institution and perform their duties. In like manner it is their duty on their 
 free days to return into the institution at the prescribed hour. 
 
 §19. Overseers and guards must make a daily report to the superintendent: (1) 
 Respecting the condition of their departments, distinguishing between the well and 
 the sick, the employed and the unemployed; (2) concerning the offenses against 
 internal order on the part of the inmates; (3) concerning their desires, requests, and 
 grievances; (4) concerning the needs forthe next day in the way of clothing, utensils, 
 and materials and tools for work; (5) concerning obvious defects in the buildings, or 
 about any other need that has occurred. Exigencies and needs which will permit 
 of no delay are to be reported immediately. 
 
 § 20. The overseers and guards must make it an invariable rule to always close 
 every door behind which the inmates are guarded, and they should not neglect this 
 custom when they leave the door even for the shortest possible time. Should they 
 find a door open when it should be locked, they must see to it immediately that it is 
 locked. 
 
 § 21. The overseers and guards should take the most conscientious care of the keys 
 intrusted to them, and especially should they never give an opportunity for the keys 
 to come into the power of the inmates. Should a key be lost, it is their dutj', on 
 pain of dismissal, to make an immediate announcement of the fact and to summon 
 everyone in order that the lost key may be found. No overseer or guard is per- 
 mitted to make repairs or changes in the locks or keys on his own authority, nor 
 may he allow anybody else to make them. Should such rej)air8 or changes be nec- 
 essary or desirable he must report to the steward of materials, and the latter can 
 obtain an order about it from the director. 
 
 § 22. The overseers and guards are not permitted to employ for themselves any of 
 the inmates in any service whatever except in certain instances, when there has been 
 an express permission from the director. 
 
 § 23. The overseer and guards are held responsible for the property of the institu- 
 tion which has been deUvered to them for their personal use, and they must keep a 
 record in which all that they have received and returned is carefully enumerated. 
 In the same manner they should keep watch of that portion of the utensils and tools 
 intrusted to the inmates. They must report any damage that has been done, and if 
 they fail to do this they will be held responsible for the injury. Should any of the 
 property which is in the care of an overseer or guard become useless or lost the 
 aforesaid overseer or guard must make a report to the superintendent, in order to 
 obtain his consent to have such articles marked off by the steward of property. 
 
 §24. The inmates must be addressed by the overseers and guards with "Sie" 
 [i. e., the German respectful address]. 
 
 Special duties of the two superintendents. — §25. The superintendents are 
 next in rank above the overseers and guards. They are therefore responsible that 
 these latter should perform their duties according to the prison regulations and the 
 instruction of service, and on their part they must prevent all lawlessness, abuse, and 
 negligence. 
 
 § 26. As their task is to superintend the overseers and guards and see that they 
 treat the inmates humanely and kindly, that they voluntarily perform their tasks, 
 that they never indulge in any unseemly jest or any other indiscretion with the 
 inmates, and that they never carry to them any news or mail, so, first of all, it will 
 naturally be required of them that in all their relations with the other overseers and 
 guards they shall set a good example. The superintendent shall be well disposed 
 and shall act without partiality and precipitancy, but with deliberation and calmness. 
 But if his instructions and admonitions and warnings become fruitless, then it is his 
 duty to take up the matter with energy and report the delinquent to the director for 
 punishment. 
 
 § 27. An especial care of the superintendents must be to see that all intercourse 
 between the inmates with each other shall be only according to the prescribed 
 prison regulations,- so that every attempt of the convicts to communicate with tiie 
 correctionals, or the reverse, shall be absolutely checked. 
 
 § 28. The special duty of one of the superintendents is to have supervision of the 
 prison police, and the duty of the other is to have charge of the prison management. 
 The first is called the ' ' superintendent of the prison police ' ' and the other is c^led the 
 "superintendent of the housekeeping." Both superintendents, however, must 
 furnish mutual support in their specially assigned duties. 
 
MODERN PRISON SYSTEMS. 77 
 
 § 29. From the time that the inmates arise till they go to sleep one superintendent 
 must continually be in the institution. They must therefore alternate with each 
 other according to some established order in their times of eating and in their Sun- 
 day and afternoon absences, and a special announcement must be made to the 
 director of any departure from the rule. In the event of accidental absence or 
 inability the director shall grant the power of superintendent to an overseer. 
 
 Special duties of the superintendent of the prison police. — § 30. This super- 
 intendent watches over the management and behavior of the inmates in all the rooms 
 of the institution, and takes care that the going out of the working force shall take 
 p.ace at the right time and according to the directions for prison management and 
 the special instructions of service. 
 
 § 31. In his tours of inspection he should at the same time satisfy himself regard- 
 ing the cleanliness, the temperature, the ventilation, and the light in the separate 
 rooms, and pay especial attention to the condition of the doors, the windows, the 
 gratings, and the water-closets. 
 
 §'32. He should pay especial attention to the water pipes, to the heating arrange- 
 ments, to the telegraph and telephone instruments, as well as to the gas fixtures. 
 
 § 33. Both morning and evenmg, on the basis of the events of the night and the 
 day, as well as from the repotts of the other overseers and guards, he is to make a 
 written report to the director; but concerning weighty matters of which he is cogni- 
 zant he is immediately to make an oral report to the director. 
 
 § 34. He should make a report to the inspection officer regarding the number of 
 workmen of the inmates, and obtain from him a statement of the work to be done. 
 He also is responsible for a conscientious treatment of evident cases for discipline. 
 
 Special duties of the superintendent of housekeeping. — § 35. The superin- 
 tendent of housekeeping must institute and superintend the bodily examination and 
 cleansing of the inmates from their entrance into the institution. To the same shall 
 belong (1) the disinfection and custody of the garments and laundry which the 
 inmates bring with them; (2) the custody of the supplies of bedclothing, garments, 
 laundry, and shoes; (3) the care of all the household furniture; (4) the care for the 
 fuel and material for lighting. All money and other valuables which the inmates 
 bring with them should be delivered to the treasurer. 
 
 § 36. Concerning the matters in (1 to 4) § 35 he should keep an itemized account. 
 When repairs on furniture are necessary he should notify the steward of material. 
 In the delivery of laundry, etc., for washing, he should take especial care and should 
 keep a double record, in order that all articles washed may be returned. 
 
 § 37. He shall see that sufBcient supplies of materials for cooking are supplied to 
 the kitchen, that the food is properly prepared, and that a just distribution is made 
 to the inmates. He must therefore be unremitting in his oversight of the kitchen, 
 and must decidedly insist that within it there shall be kept the greatest cleanliness. 
 
 Special duties of the overseer of the kitchen. — § 38. Every evening the over- 
 seer of the kitchen shall receive from the superintendent of housekeeping: (a) A 
 statement of the number of inmates — (1) the well, (2) the sick, (3) those under 
 discipline, and (4) the prison officials who are to be fed; (6) a statement of the 
 
 g roper food as a dietary for these classes. Should the overseer of the kitchen receive 
 is food supplies in a poor condition, or should they be lacking in weight or measure, 
 he should immediately announce that fact to the steward of materials. 
 
 § 39. The overseer of the kitchen is responsible that no part of the food, fuel, etc., 
 delivered to him should be diverted to any other than the specified use, and that it 
 should not be destroyed nor wasted. 
 
 § 40. All food must be prepared according to a dietary which has been furnished 
 to him. 
 
 § 41. The overseer of the kitchen must dispose of the remnants of the food accord- 
 ing to the directions of the steward of materials. 
 
 § 42. The food must always be ready exactly at the appointed hour for giving it 
 out, and must be prepared beforehand for distribution. 
 
 § 43. The overseer of the kitchen must continually and energetically look after the 
 cleanliness in the preparation of food, in the kitchen, the pantries, and of all dishes 
 and utensils. 
 
 § 45. He must keep a record of everything in the kitchen, and in this he must 
 record all articles received and given out. For the preservation of everything in this 
 inventory he is responsible. Should any of the utensils become useless, he should 
 report to the superintendent of housekeeping for further action. 
 
 § 45. He must look after the condition of the cooking utensils, the fireplaces, the 
 steam and water pipes, and the drains, and be careful to have the copper vessels 
 tinned at the proper time. In this capacity he should report any observed defects 
 to the overseer of buildings. 
 
78 MODERN PEISOW SYSTEMS. 
 
 § 46. For the preparation and distribution of food, and for cleaning the kitchen 
 and washing the dishes, the overseer of the kitchen should have as assistants a cook, 
 a servant girl, and a sufficient number of inmates. 
 
 § 47. When there is needed for the kitchen smaller articles, which are not regularly 
 kept in stock, he should notify the steward of materials through the superintendent 
 of housekeeping, and the steward will have the responsibility of filling the need at 
 the proper time. 
 
 § 48. The overseer of the kitchen should most zealously watch that the inmates 
 which have been given to him as assistants shall exactly perform their appointed 
 tasks, shall be most scrupulous in cleanliness, both in person and in the work in which 
 they are engaged, and shall not be permitted to commit any impropriety, in which 
 last event it is his duty to give immediate notice to the superintendent of prison 
 police. 
 
 Special duties of the overseer of the hospital. — § 49. An overseer should regu- 
 larly be appointed to assist the prison physician and to superintend the nurses. The 
 same shall be in rank of office ]ust under the hospital physician, in the rank of the 
 guards under the superintendent of guards. 
 
 § 50. This overseer, in company with the superintendent of housekeeping, shall 
 have charge of the bodily examination and bath to which every inmate is subjected 
 on entering the institution. Every newly arrived inmate must be brought before the 
 prison physician for a medical examination. 
 
 § 51. The overseer is not permitted to receive any inmate into the hospital without 
 an assignment from the prison physician. In case of sudden sickness the assignment 
 is made by an inspection officer, and he should give immediate notice to the prison 
 physician. 
 
 § 52. The overseer should accompany the physician in his round of visits to the 
 sick and should keep a record respecting the diet ordered and of the medical direc- 
 tion of the hospital, and should keep a record of the time when the sick entered and 
 when they went out of the hospital. 
 
 § 53. The overseer is expressly charged to carry out exactly the directions of the 
 prison physician, and not to undertake anything on his own responsibility. He is 
 absolutely forbidden to give out any medicines from the medicine stores without a 
 special order from the prison physician. 
 
 § 54. When the sick are given some liberty the overseer, as a rule, must look after 
 them himself, or he must delegate someone else to look after them. In this he must 
 take the utmost care that the convicts do not communicate with the correctionals. 
 
 § 55. Should an inmate become dangerously ill, at the command of the prison 
 physician he should notify the prison chaplain; in a case of necessity he should do 
 this without such a command. In the event of death, what is proper to be done 
 will be made known to the overseer in each particular case. At any rate, should 
 death occur it is his duty immediately to notify the inspection officer. 
 
 § 56. The overseer of the hospital should be careful that the washing of the unclean, 
 or of those having infectious diseases, should not be mixed with the remaining cloth- 
 ing and bed linen. 
 
 § 57. The overseer of the hospital should pay the most strict attention to the proper 
 temperature and continuous ventilation in the sick rooms, and to the greatest clean- 
 liness in every place. 
 
 § 58. There shall be provided the overseer of the hospital the necessary assistants 
 to watch at night. 
 
 § 59. The overseer of the hospital must keep an exact account of all supplies, bed- 
 ding, laundry, etc., and he will be held responsible for everything that is missing. 
 
 Special duties of the overseer of buildings and machinery. ^ — § 60. The over- 
 seer of buildings and machinery should become perfectly familiar with the plan 
 according to which all portions of the institution have been constructed. At least 
 once a week he should go throughout the institution in all its parts in order to test 
 the material condition in every aspect. He should pay especial attention to the 
 roofs, the water pipes, the woodwork of all kinds, and to the neating places. 
 
 § 61. It is his duty to see that the various rooms in the institution are heated at 
 the right time and in the proper manner. To aid him in heating he must have 
 assistants who shall be under his immediate direction. The fuel, about which he is 
 charged to be especially particular lest it be wasted, he may obtain from the steward 
 of supplies. 
 
 § 62. He has charge of the entire apparatus of gaslighting. All repairs that are 
 necessary he should immediatelj'' report to the director. 
 
 § 63. The charge and inspection of the water mains and the wells, as well as of 
 the apparatus for extinguishing flres, belong to him. 
 
 § 64. It is his duty to have immediate oversight of the steam boiler. With the help 
 of the firemen he should see to the filling and heating of the boiler and to the regu- 
 
MODERN PRISON SYSTEMS. 79 
 
 lation of the steam. He should attend to the height of the water in the boiler, the 
 atmospheric pressure, and the condition of the safety valve. He orders the time for the 
 beginning and the duration of the pumping of the water. He regulates the height of 
 the water in the wells and the reservoirs. ' He distributes steam according to the 
 needs and the directions which from time to time come to him. Whenever it is 
 needed he should cause the boiler to be cleaned. 
 
 Special duties of the overseer of the laundry and of the bathroom. — 1 65. 
 The overseer of the laundry receives the washing of the institution from the super- 
 intendent of housekeeping. Of this he should keep a list, and for the correct return 
 of it he is responsible. 
 
 §66. It is his care to take the washing from the steward of supplies, properly 
 handle it, and carefully wash it clean. In order that mended materials may be used 
 again, he shall deliver the list to his principal, who shall separate from the articles 
 and garments to be washed whatever is in need of repair. He is responsible that any 
 supplies furnished to him for washing shall neither be diverted to any other purpose 
 or be set aside. 
 
 § 67. As overseer of the baths he must, with his assistants, look after the proper 
 preparation and management of the bathing arrangements. 
 
 § 68. Finally, there shall be committed to him the care of the disinfection oven; 
 and he must see to it that all articles intrusted to him for disinfection neither receive 
 harm nor are ruined through his negligence; and in case of evident carelessness on 
 his part he must make restoration. 
 
 Duties of the captain of the guards. — § 69. The captain of the guards is in yank 
 just under the superintendent of the prison police. 
 
 § 70. He must arrange the daily service. Should an overseer or guard receive a 
 particular task from the director, the captain can not divert him to another task 
 without a special order from the director. In the apportionment of service for indi- 
 viduals, he must be absolutely conscientious, and see that overseers and guards alike 
 are kept busy. He is always to make known in advance the apportionment of service 
 for the next day. He determines for each overseer and guard the times for eating, and 
 likewise appoints the days when each one is free and may leave the institution. 
 
 § 71. He has the control of the precise execution of the continuous service. If any 
 lawlessness should occur, he must quell it immediately and report the same to the 
 director. 
 
 § 72. He must also be careful that the guards keep the strictest order and cleanli- 
 ness in the guard rooms, and that they remain dressed neatly and according to 
 regulation. 
 
 Special duties of the foremen of -work. — § 73. The foremen, among whem there 
 is the chief baker, are selected from among the overseers and the guards. 
 
 § 74. They are not permitted to carry out any work in the institution, or to allow 
 any work to be carried out by means of the inmates, unless they have an order for it 
 from the steward of supplies. In such work also they are not permitted to employ 
 specially appointed inmates. . 
 
 § 75. The foremen must see to the orderly and uninterrupted employment of the 
 inmates. To this end they must obtain from the steward of supplies the raw 
 material for work, have it ready at the right time, prepare it, cut it up, and in gen- 
 eral have it all ready for the workmen; and they must likewise provide the necessary 
 tools and keep them in good condition. 
 
 § 76. The foremen must be present in the workshops from the beginning to the end 
 of the working period, and they must direct and superintend the work of the 
 inmates. Should he in one way or another be hindered, he should in every instance 
 report this to the steward of supplies, and take care that meanwhile the inmates 
 intrusted to him for work are superintended by some other overseer. 
 
 § 77. They shall instruct in their work the inmates that have been assigned to 
 them; they shall keep a memorandum of the work which they turn out, of their 
 diligence and worthiness. When an inmate has been appointed to any special task, 
 he can not be taken from it and given another without the express permission of the 
 director. 
 
 § 78. When other guards are appointed to a foreman's department of work, they 
 come under his special oversight, and he is responsible for their efficiency. In all 
 orders which he may give respecting the work, these guards owe him obedience. 
 Those who are insubordinate he must instruct, advise, and warn, and if this does no 
 good he must report to the director. 
 
 § 79. The foremen, in the presence of the steward of supplies, should scrupulously 
 test, with respect both to quantity and quality, all the goods which have been pur- 
 chased from the institution and all the material which remains from the manufacture. 
 When there has been dishonesty, there should be immediate dismissal, but when 
 carelessness there should be some other punishment. 
 
80 MODEEN PRISON SYSTEMS. 
 
 § 80. He should keep a regular record of the raw material which he has received 
 and of the goods which have been manufactured. All finished articles should be 
 delivered only to the steward of supplies. He should have a continuous record of 
 the tools and their condition as they go but and come in. 
 
 § 81. They are responsible for all materials and tools committed to their custody 
 and oversight, and when they are to blame they must make good all losses. 
 
 § 82. All work is done in the interest of the institution, and all profit should flow 
 into the treasury. The foremen, therefore, are expressly forbidden to do any work 
 outside or to receive any per cent or bribe from the contractors or those giving the 
 work, or to accept any such thing. 
 
 § 83. In the determination of the cost of manufacture or labor the respective fore- 
 men will present to the director a written estimate. 
 
 § 84. In all matters pertaining to the prison police the foreman makes his report 
 to the superintendent of the house police, but in whatever pertains to the work he 
 reports directly to the steward of supplies. Foremen stand accordingly, in their 
 relation to the police of the prison, just under the superintendent of the police, but 
 in the matter of the work they are under the steward of supplies. 
 
 §85. The foreman of the bakery should receive each day from the superin- 
 tendent of housekeeping a statement of the quantity of bread necessary for the next 
 day. 
 
 § 86. It is his duty first of all to care for the orderly management of the bakery; 
 and he should require that in all its parts, and by the helpers that are assigned to 
 him, perfect cleanUness should be preserved; and that the materials as well as that 
 which is made into bread should not be destroyed or wasted; he should keep an 
 orderly inventory of all materials which have been given to him, and of what he 
 has used in baking; and as for the rest he should follow the directions for foremen 
 as they are laid down in the preceding paragraphs. 
 
 Special duties of the night controller. — § 87. The guards appointed for night 
 duty by the director report to the overseer. 
 
 § 88. It is their duty to observe that the night ^ards are in their places and that 
 they do not sit down or sleep; they have in their rounds to recora their presence 
 and efliciency; and they are to look into the rooms of the inmates and to sharply 
 observe whether any fire is issuing from them. 
 
 § 89. The night controller must always be observant of anything dangerous to the 
 order or safety of the institution, and if he observes anything he should immediately 
 give the alarm in the guard room and wake up the director. 
 
 § 90. It is the duty of the last iiight controller to wake the officers for the day, and 
 when they are all in their places to give the bell signal for the inmates to arise. 
 
 § 91. The night controller should make a written report of any important happen- 
 ings during his time of control. 
 
 Special duties of the sentinels. — §92. The places where the sentinels are to 
 stand are determined from time to time by the director. 
 
 § 93. It is the duty of the sentinel to prevent anyone from climbing the wall either 
 from the inside or from the outside, to see that no article is conveyed from the inside 
 to the outside, or the reverse, and in fine to prevent any communication with the 
 institution and any person in it either from the inside or outside. 
 
 § 94. It is the duty of the sentinel also to observe that there should be no act or 
 omission which is not permissible by the prison ordinances or other regulations. 
 
 § 95. As a rule a man must remain uninterruptedly at his post for two hours. It 
 must be only in the very coldest weather that one can obtain permission from the 
 director to shorten the time of his sentinel duty. 
 
 § 96. The work of changing the sentinels during the day is done by the overseer 
 or his deputy, and in the night it is done by the one who is night controller at the 
 time. 
 
 § 97. The sentinel must always be dressed completely and according to regulation 
 in uniform, and he must carry his gun with fixed bayonet over his right shoulder. 
 
 §98. The sentinel should have the necessary number of cartridges, in a cartridge 
 case, which while on guard he carries in front of him. Likewise it is his duty to 
 carry his loaded revolver, kept in the revolver pocket. 
 
 § 99. He is forbidden to omit the customary military expressions of respect, and 
 he is absolutely forbidden to engage in conversation with anyone. 
 
 § 100. Those of the guards who have been called to sentinel duty, during the time 
 they are not at their post, must keep themselves in the guard room. 
 
 § 101. In case of urgent events the sentinel should touch the key in the neighbor- 
 ing sentry box and immediately announce them to the overseer or night controller. 
 When he is relieved from his post, any information which he has he should give te> 
 the overseer or the respective night controller. 
 
MODERN PRISON STSTEMS. 81 
 
 § 102. Any watchman appointed to be a sentinel who should eat during the per- 
 formance of hia duties, or should go to sleep at his post, will be at the first instance 
 unrelentingly and immediately dismissed from the institution without any announce- 
 ment or indemnification. 
 
 Conceruing the punishments for the transgression of the instructions for 
 service. — § 103. For the transgression of the instructions or for other negligence in 
 service, as well as for disorderly behavior outside of service, the following punish- 
 ments are decreed: 
 
 (a) For the overseers — (1) Reprimand; (2) extra guard duty; (3) fine from 20 
 kreutzers to 5 florin; (4) deprivation of leave of absence for a period up to three 
 months; (5) dismissal from service. The last punishment may be ordered only by 
 the Diet on the recommendation of the state commission. From the decisions of 
 the director regarding punishments there is no appeal. 
 
 (6) For the guards — (1) Reprimand; (2) extra guard duty; (3) fine from 20 
 kreutzer up to 3 florin; (4) deprivation of leave of absence for a period up to three 
 months; (5) dismissal from service. The punishments from (1) to (5) are in the 
 jurisdiction of the director, but a report of^them must be made to the state com- 
 mission. 
 
 The sixth form of punishment, namely, dismissal, is decreed by the commission 
 on the recommendation of the directorate. From the decisions in respect to all these 
 punishments there can be no appeal. In all the punishments of overseers and guards 
 the proper official record of the evidence should be kept. When an overseer or 
 guard has been dismissed from an institution he can under no circumstances be 
 received again. 
 
 § 104. The flnes, under the direction of the institution, flow into a fund for the 
 support of the heirs of the married overseers and guards. Support from this fund 
 may be given by the directorate only with the consent of the state commission. 
 
 OFl"ICIAL INSTRUCTIONS FOK THE PORTEK. 
 
 § 1. The porter belongs in the class of servants in the reformatory and is subject to 
 existing rules for servants. 
 
 § 2. Outside of persons belonging to the institution he is permitted to admit no 
 one and he must always keep the gate locked. He must give special attention to 
 persons leaving the buildings, and carefully watch that nothing be carried away 
 concerning which the director has not given permission. 
 
 § 3. If there should arise the suspicion that someone was attempting to take away 
 or secretly bring into the institution something, then he must arrest that party and 
 bring him before the inspector. 
 
 §4. The porter is not permitted to hold any conversation with anyone at the 
 open gate. 
 
 § 5. In case anyone wishes to visit the institution, one of the prisoners, or one of 
 the officers, he is to be conducted by the porter either to the waiting room, or to the 
 office, or dwelling place of the officer. 
 
 § 6. The porter has to be keep a record of all persons entering and leaving the 
 institution, as well as of the time of entrance or exit. This record he must submit 
 daily to the director for inspection and correction. 
 
 §7. Convicts who have any matter to bring before the officials may only be 
 admitted to the office, when the porter has first announced them to the inspector 
 and from him received permission to admit them. Until then they have to wait 
 before .or outside the gate. 
 
 § 8. The porter is not permitted to give anyone any information concerning the 
 institution or the prospects of its inmates, but he must direct such persons to the 
 inspector. 
 
 § 9. All observations which the porter can make and which may affect the order 
 and peace of the institution, he must at once report to the director or in his absence 
 to inspector. 
 
 § 10. In case the porter leaves his post any length of time an overseer or wateh- 
 man is appointed previously as substitute. Only to that one substitute and to no 
 one else is he permitted to give the door key, which he must always carefully guard. 
 
 § 11. These instructions are to be observed by the porter's substitutes as well. 
 
 H. Doc. 462 6 
 
82 MODERN PRISON SYSTEMS. 
 
 THE LIFE OF PRISONERS. 
 
 Rbobption of Prisoners. 
 
 [Statutes of prison at Komeuburg, Lower Austria.] 
 
 Classification of the convicts. — § 7. Convicts are classified into three categories. 
 Each newcomer is connected with the third category, and will, according to his 
 behavior, pass into the second or first category, from which, however, he may be 
 expelled and again classified in the third, if there be need of such punishment. 
 
 Rules of Conduct. 
 [House regulations and rules o£ service for the Eoyal Prison for Men, at Marburg, 1889.] 
 
 Prison for men (apart from the rules for minors, which follow the same order and 
 principles, with adaptations to the needs of youth). — § 1. The penalty of imprison- 
 ment, first and second grades, is served in the prison at IMarburg, partly in cellular 
 isolation and partly in common. Minors are treated in a separate division, whether 
 in isolation or common life is decided by the chief director, according to established 
 rules and after conference with the officers. The chief director and the board 
 appointed with him determine which prisoners must serve out their whole time and 
 which only a part in isolation; but the penalty of isolation must not in any case 
 exceed three years. * * * 
 
 § 2. Every offender in isolation shall be kept in a separate cell by day and night, 
 except at religious worship, school instruction, and exercise outside. 
 
 §3. Those offenders who have spent none or only apart of their term to which 
 they were sentenced in isolation, or in common in the youths' department, must fill 
 out their whole unexpired time in common outside the youths' department. 
 
 § 4. Every convict must serve the first third of his sentence in the first class, the 
 second in the second class, and the remainder in the third class. The time in the 
 first and second classes must not usually exceed three years. 
 
 § 5. Exceptions: First, those who have already served for offenses against property 
 in an Austrian prison and who have been returned for a similar offense to the institu- 
 tion within a period of ten years; second, those who, either while serving their time 
 for an offense in an Austrian prison or within six months after their release, repeat- 
 edly commit the same offense, and who must therefore serve additional time. 
 These must serve the first two quarters of their sentence in the first class, the third 
 quarter in the second class, and the remainder in the third class. Yet even in these 
 cases the duration must not exceed five years in the first class and three in the second. 
 
 § 6. The offender, after serving the time specified in §§ 4 and 5, may advance to a 
 higher class only when he has not brought upon himself any additional punishment 
 during the last six months. When, however, an offender has from the beginning 
 of his term conducted himself in a thoroughly blameless manner, and by his 
 industry and studiousness has made himself conspicuous he may, if he does not 
 belong to the recidivists specified in § 5, be promoted by the prison director, even at 
 the end of the first quarter of his sentence, into the second class, and at the end of 
 the second quarter into the third class. If such an offender belongs to the recidivists 
 of §5 he may, at the end of the first third of his term, be promoted into the second 
 class, and at the end of two-thirds of his term into the third class. Every offender 
 of a higher class is placed in a lower class if he is guilty of one impudent breach of 
 discipline or of three lesser violations of the house order. Impudent answers, spite- 
 fulness, or opposition to the officers or overseer, refusal to work, malicious spoiling 
 or destruction of working materials, clothes, and other articles, attempted fiight, and 
 similar misdemeanors, bring with them in every case removal to a lower class. 
 Offenders of the third class who are guilty of anything that removes them to a 
 lower class thereby deprive themselves of the privilege of advancing again to the 
 third class. An exception to this may be made only after long and exceptionally 
 good conduct on the part of said offender after preliminary consultation with the 
 officers' conference by the chief dil-ector. Should an offender of the first class 
 become guilty of an offense which, in the case of offenders in the second or third 
 class, involves removal to a lower class the time of the offender in the first class 
 must be prolonged six months over that specified in §§ 4 and 5. The penal exten- 
 sion of the time in the first class or the removal to a lower class can be excused by 
 the institute director only after three months' thoroughly blameless and superior 
 behavior on the part of the disciplined offender. 
 
MODEEN PRISON SYSTEMS. 83 
 
 Treatxaent of offenders. — § 7. The ofienders are to wear the clothine of the insti- 
 tution. Those of the first class are to wear a scarf of white; those of the second, 
 yellow, and of the third, dark; they are to receive in the institution the regulation 
 diet prescribed and the customary lodging. The drink of the offenders is water, 
 which every offender should receive fresh at least three times a day. All healthy 
 offenders are to enjoy, in favorable weather and when they are not occupied with 
 work in the yard and garden or with outside work — or housework in unlocked rooms, 
 or are not in sequestration — all these are to enjoy daily one hour's free movement in 
 the open air where they may also unite for gymnastic exercises. Offenders of the 
 third class are allowed one hour's freedom in the open air on Sundays and holidays 
 when the weather is favorable, both in the forenoon and afternoon. Israelitish 
 offenders are to have, on the Sabbath and holy days of their religion, the same diet 
 as all other offenders. In how far an exception to this may be made during their 
 Easter (or Passover) festivals is prescribed in separate regulations. 
 
 § 8. Every offender is to have his beard cut weekly and his hair every two weeks. 
 The same is to be done, should necessity demand, immediately after his entrance. 
 An offender of faultless behavior may, during the last three months of his sentence, 
 receive permission from the superintendent to let his beard grow and wear his hair 
 longer. 
 
 § 9. Baths are to be given to offenders from time to time. As a rule every offender, 
 unless the physician otherwise orders, or the water supply fails, must receive, alter- 
 nately, in one month a body bath, and in the other a foot bath. 
 
 § 10. Sick offenders are removed to the hospital except when their illness is slight 
 and does not interfere with the progress of their work. Sick offenders in single cell 
 may also be left in their cell with the above exception, if, in the opinion of the 
 physician, their recovery is thereby not impeded. 
 
 § 11. To every healthy offender is assigned some occupation with which he must 
 unhesitatingly busy himself. In the assignment of this work the fitness, working 
 ability, occupation previous to this time, and the future release of the offender must 
 be taken into consideration. Working outside of the institution or doing some work 
 of special trust within the institution is allowed, as a rule, only to offenders of the 
 third class in congregate confinement. 
 
 § 12. If the offender is unfamiliar with the work assigned to him the necessary 
 instruction should be given therein. In every classification of work the specific 
 amount of work — in so far as the character of the same allows — which an offender 
 must do in one day is fixed by the superintendent in various grades. The lowest 
 grade in the measurement of this work (day work) is in every case so to be meas- 
 ured that an acceptable moderate working efficiency during the prescribed working 
 time can be produced within the limits of strenuous exertion. The higher grades 
 are fixed for offenders of more than ordinary working efiiciency. In deciding this 
 labor scale of every individual offender this time must be subtracted from the regu- 
 lar daily work time, and is occupied by the offender attending school or in the pur- 
 suit of some other form of labor. In those labors whose character does not allow 
 the fixing of a work scale the offenders are divided into classes by the superintend- 
 ent according to their skill and individual strength, and one offender must produce 
 the same amount of work as experience shows can be done by another of his class 
 by the application of increased diligence. A stated amount of work within a certain 
 period fixed by the superintendent is not given to beginners in any occupation, but 
 of course their daily production and their demonstrated talent and diligence must be 
 reasonably controlled. 
 
 § 13. The offender has no claim whatever upon remuneration for his labor. In 
 order, however, to increase the skill and interest in the work, the offenders, accord- 
 ing to the standard of their production, are credited with gradually increasing 
 portions of wages as remuneration for their labor, and through this, at the same 
 time, their success after release may be made easier. These wages for every full, 
 unencumbered day's work shall be, in the first class, 1, 2, and 3 kreuzer; in the 
 second, 2, 3, and 4 kreuzer; in the third, 3, 5, and 6 kreuzer. If an offender has 
 earned more during a month than is prescribed for him in this time, he is to be 
 credited therefor with the same as is due those whose day's work has been in excess. 
 To labors, whose nature does not allow the limitations of day work, the foregoing 
 wage list is likewise applicable, and is determinated according to the remuneration 
 of the class to which the offender belongs, and according to the quality of his work. 
 If such an offender has, during the month, earned more than other offenders in his 
 wage category can possibly earn by strenuous application, he can be credited with 
 an excess wage by the superintendent, which, however, must not exceed one-third 
 of the monthly remuneration in the wage scale. 
 
 § 14. The ofiender may use half the amount credited to him during his penal time, 
 partly to provide necessities, partly, with the consent of the superintendent, for the 
 
84 MODERN PEISON SYSTEMS. 
 
 support of those belonging to him, and for other permissible purposes, as, e. g., 
 providing himself with books and other means of learning, letter paper, soap, etc. 
 The other half, and at his request, the imused remainder of the first half is invested 
 in the nearest bank for production and accumulation; the accrued interest does 
 not, however, go to the offender himself, but to the offenders' aid fund. At release 
 of the convict the money to his credit and not yet expended will be handed over to 
 him or to a local board in trust for his benefit; or, if he dies before discharge, all 
 that he possesses will be paid his heirs, after cost of burial is met. The entire fund 
 of a prisoner is liable -for property injured by his malice or negligence. A small 
 book is kept for each prisoner's account of credit and expenditure. When he goes 
 out this book is signed by him, it having been examined and approved by him each 
 month. 
 
 Extra favors. — § 15. A prisoner may buy for himself 560 grams of white bread, 2 
 small cakes, 50 grams butter or bacon, 100 grams cheese, 150 grams cold roast or ham, 
 300 grams fruit, 100 grams salt, 150 grams sugar or lemons, 50 grams spices or her- 
 ring, 3J deciliter milk, coffee, or soup; 3^ liter wine, 7 deciliter beer, 2 hard-boiled 
 eggs. Alcoholic drinks can not be obtained by youth under 16. The supply of 
 extras occurs for the first class on Sundays, for the second class on Sunday and Thurs- 
 day, for the third class on Sunday, Tuesday, and Thursday. The cost of extras for 
 the first class can not in one week exceed 20 kreuzer, in the second class 80, and in 
 the third class 40 kreuzer. For the reception of these supplies the prisoners are 
 given a half hour on week days. Only in the designated place may the extras be 
 received. Extras may not be obtained out of other than the work fund except where 
 the prisoner is incapable of labor. Such persons may be granted a gratuity by the 
 court for good behavior, but not more than working prisoners receive or their own 
 interest requires. 
 
 § 16. Each prisoner may from time to time, and, if he is in the first class, every two 
 months, in the second class every six weeks, in the third class every month, send a 
 letter and receive one from relatives or friends, but the letters must not contain any- 
 thing objectionable. Under the same conditions of time he may receive visits. 
 
 § 17. In furtherance of the humanitarian purposes of the institution there exists a 
 fund for aiding prisoners. This fund is built up from these sources: From money 
 and the sale of articles taken from prisoners as contraband; from money paid in to 
 the institution under house rules; from gifts and legacies of former prisoners and 
 others; from the interest of surplus funds earned by prisoners; from fines paid certain 
 courts; from interest on funds reserved from grants for extras; from sale of articles 
 declared to have no legal owner. This fund is kept at interest and the income 
 applied as follows: (1) For the aid of released prisoners who are destitute and who 
 give promise of industry; (2) to aid reformed and poor prisoners on first going out 
 from the prison. The director and his conference decide who shall enjoy this fund, 
 and accounts are kept by the ofiice of the institution. 
 
 Rules of conduct for prisoners. — § 18. Prisoners are required to yield to the offi- 
 cers of the establishment unconditional obedience and respect and to fulfill their orders 
 without a sign of hesitation. It is permitted them, however, after they have obeyed, 
 to offer complaints in a respectful manner, even to have a hearing with the chief 
 director. Whenever a convict meets an officer he must take oft his cap and regard 
 the officer while he passes, unless hindered by the nature of his work. This cere- 
 mony is omitted with underofficers, on account of the frequency of contact, but a 
 foreman must always be addressed with "Mr." (Herr). If an officer enters a cell 
 during the day, or the dining room or dormitory, the convicts must rise. In work- 
 shops the work continues, unless there is an order. 
 
 § 19. Military guards are to be treated with respect and not addressed by prisoners, 
 unless there is danger. 
 
 § 20. Prisoners must observe the directions of contractors and foremen in respect 
 to occupations and to treat such persons with respect. Prisoners must also follow 
 the directions of fellow-prisoners who have charge of rooms. 
 
 § 21. Prisoners in isolation must not converse with fellow-prisoners, nor convey 
 articles to them. Prisoners in common may converse with each other in workrooms 
 and dormitories. At hours of worship or instruction they must not converse, and 
 during work hours only so much as is demanded by the work itself. It is forbidden 
 prisoners of different departments to communicate with each other by mouth or 
 letter. 
 
 § 22. Convicts are forbidden in their meeting with each other to indulge in dis- 
 turbing noises, immoral speech, stories of former crimes, mocking, disputes, and 
 rudeness. If a prisoner is mjured he may not avenge himself, but must report to an 
 officer. No prisoner may receive any gift, nor can he sell to or buy from other 
 prisoners. 
 
MODERN PKISON SYSTEMS. 85 
 
 § 23. A prisoner may communicate with persons outside only so far as permitted 
 by the director. Secret communication is forbidden. Outsiders, even if officials, 
 may not be spoken to without permission of the guard. In isolation a prisoner may 
 not receive visits. 
 
 § 24. It is the duty of a prisoner always to maintain a quiet and respectful demeanor. 
 Shouting, singing, whistling, crying, blustering, climbing into windows, idleness 
 during the day are strictly forbidden. Violent actions, riote, and assaults are punish- 
 able, and under certain conditions will be resisted with arms. 
 
 § 25. Prisoners must not attempt flight nor promote the escape of others, and must 
 report any known plans for escape. 
 
 § 26. No prisoner may possess any articles aeide from the uniform and others per- 
 mitted by the chief director. Especially is the possession of money, knives, needles, 
 iron utensils, matches, dice, cards, etc., strictly forbidden. Not less is it forbidden 
 to take away from; a dormitory or shop or school any article there belonging. Arti- 
 cles found must be reported to an ofl3cer and offered gifts must be refused and the 
 giver referred to the chief director. When an officer seeks to carry out these rules 
 he must have the aid of convicts. Articles improperly in the possession of prisoners 
 will be taken from them and the proceeds of their sale devoted to the fund for aiding 
 prisoners. 
 
 § 27. Prisoners must observe cleanUness in respect to room, clothing, shoes, beds, 
 utensils, tools, books, materials, etc., and must avoid injuring property. Each one 
 is responsible for injury to articles intrusted to him. 
 
 § 28. No less is each one bound to keep his body clean. In the morning each man 
 must wash his face and hands and comb his hair and cleanse his mouth. Those 
 whose work is dirty must wash hands and face several times during the day and put 
 clothing and shoes in order. 
 
 § 29. During the work hours all must labor industriously. Before the signal to 
 quit one must not stop, even if his task is completed. One may not leave his post or 
 room without permission. Lazy and negligent men get no reward and are liable to 
 punishment. Fines for neglect are taken out of the fund to his credit. Free hours 
 must be filled with reading or hearing reading or with other useful thing. 
 
 § 30. Prisoners must be reverent in divine service. The order of the day tells how 
 often services are to be attended. Evangelical (Protestant) and Jewish convicts are 
 to have services at times arranged by the chief director. 
 
 § 31. Each prisoner under 35 whose knowledge of elementary subjects is defective 
 must attend school. Older prisoners are to attend school if they need it and are 
 capable of profiting by it. Attention and industry are expected of each prisoner. 
 
 § 32. When a prisoner leaves his room he must be properly clothed. In all mov- 
 ing from place to place a prisoner must walk rapidly and obey the order of an officer 
 to halt instantly. Prisoners under the rule of isolation walk six steps apart, prison- 
 ers in common walk two and two, each pair three steps apart from the next pair. 
 Only prisoners who walk together may converse. All must be still in marching. 
 Going about in halls without order is forbidden. 
 
 § 33. In presenting complaints or requests a prisoner must address a guard and 
 request a hearing of the chief director. If a man feels that he is wronged by the 
 director he may appeal to the monthly house commission, or may appeal to the 
 punishment commission in case of assignment to isolation cell. The prisoners in 
 isolation may lay complaints before the director or other officers when they visit the 
 cell. Unfounded or false copiplaints are punishable. 
 
 § 34. If a prisoner is sick he gives notice to a guard. If he conceals his illness or 
 feigns illness he is punished. 
 
 § 35. In urgent cases the prisoner in separate cell may ring for help, but needless 
 use of the apparatus is punishable. 
 
 Order of the day. — On work days. — §36. During the warm season (April to Sep- 
 tember) the prisoners rise at 5 a. m., and during the cold season (October to March) 
 at 6 a. m. Exceptional cases are decided by the director. After rising the men 
 must wash face and hands, comb the hair, cleanse the mouth, brush clothes and 
 shoes, arrange the bed and say the prayer, those in common being led by the 
 "room father." Then each man receives bread ration, soup, and fresh drinking 
 water. 
 
 § 37. Work begins at 6 a. m. in warm season and at 7 in the cold season. Up to 
 that hour prisoners in isolated cells must put cells and utensils in order. The entire 
 forenoon is devoted to labor. 
 
 § 38. Worship and school. — At 6 a. m. in warm season and at 7 in the winter there 
 is a divine service, at which each Catholic prisoner must attend twice a week. On 
 the feast days celebrating the birth and naming of the Emperor and Empress they 
 must attend the special services. For non-Oatholic prisoners the director arranges 
 
86 MODERN PRISON SYSTEMS. 
 
 with pastors for services. Jewish services are held on their sacred days, in the 
 German language and under supervision. School instruction is given between 8 a. m. 
 and 12 m. and 2 to 4 p. m. 
 
 § 39. Exercise outside is enjoyed, as weather permits, an hour either in forenoon 
 or afternoon, but not between 11 a. m. and 2 p. m. in summer heat. Before eating 
 grace is said, in common, the ' ' room father ' ' leading. After eating there is rest until 
 1 p. m., but lying on the bed ia forbidden. 
 
 § 41. At 1 p. m. work ia taken up and is not interrupted except for exercise out 
 doors or school or for eating extra luncheon a half hour. The luncheon is distributed 
 at 4 p. m. and fresh water is supplied for drinking. 
 
 § 42. At 6.30 on Saturday and half an hour earlier on other work days work ceases, 
 the prisoners put their tools and materials in order and attend the orders of the 
 guard. The prisoners are searched and taken back to dormitories. After evening 
 prayers, which in common dormitories are led by the ''room father," the prisoners 
 take off shoes and outside clothing, place them in order and go to bed. At 8 p. m. in 
 the cold season and at 8.30 in the warm season every convict must be in bed, and he 
 muat not rise until the time for rising, except in case of necessity. After retiring 
 time silence must reign. Lights in dormitories are shut off and night lamps lighted. 
 A bell gives the signal for rising and retiring, beginning and ceasing work. 
 
 Sundays and festival days. — § 43. The rising hour ia 6 a. m. Underclothing is 
 changed each Sunday and bed linen once a month. At 7.30 the Catholic. service is 
 held. At 2 p. m. Christian instruction and benediction. At 10 a. m. instruction 
 in useful studies is given, under directions of the chief director and in divisions 
 according to language. The order for meals, exercise, and sleep are the same as for 
 work dajfs. Sundays are free from work and all festivals for Christian convicts, and 
 Good Friday for evangelicals. Only necessary labor for the house or in field work 
 is permitted. On days free from labor the convicts are to busy themselves with 
 reading, school studies, drawing, letter writing, repair of clothing, and with work 
 whiph is permitted by the director and does not disturb the quiet of the establish- 
 ment. Letters are written by prisoners in common in the schoolroom. Jewish 
 prisoners are not required to labor on their sacred days, but on Christian festival 
 days may labor at noiseless work. 
 
 DisciPLiNAKY Punishments and Means of Secdeity. 
 
 Escape of a convict. — § 19. If a criminal should escape, for which the person is 
 held responsible through whose fault or neglect the escape has been aided or made 
 easier, notice must be given at once, after the escape has become known, to the royal 
 lieutenant-governor of Lower Austria, the national commission, the district court, 
 the royal head office of police in Vienna, and the nearest police station. To the last 
 three must be given a description of the person escaped. 
 
 Exercise of the power of disciplinary punishment. — § 20. The power of disci- 
 plinary punishment over the convicts is to be exercised by the director of the insti- 
 tution, and if he be hindered by an officer of the institution designated for the purpose 
 according to the regulations of the laws existing at the time. The question in what 
 manner and to what extent the power of disciplinary punishment over the superin- 
 tending and guard staffs may be exercised by the director is regulated by the 
 respective instructions of service. 
 
 [From the House Regulations of the Prison for Men at Marburg, 1889: § 44. If 
 a prisoner commits a crime in prison he is treated under the Penal Code. For 
 other offenses against the rules of discipline, or for complicity in attempts at 
 escape, the following punishments may be used: (1 ) Reprimand alone or in the pres- 
 ence of other prisoners; (2) disagreeable work; (3) temporary deprivation of desired 
 extras; (4) entire or partial fine taken from the personal credit for the prisoners' 
 aid fund; (5) deprivation of soup at breakfast; (6) bread and water diet; (7) hard 
 bed; (8) correction cell, isolation; (9) dark cell; (10) degradation to lower class; 
 (11) chains up to three months. In connection with punishments (8) and (9) there 
 may be added deprivation of extra food, privileges of sending or receiving letters and 
 enjoying visits, and shortening of outdoor exercise to one-half hour. Prisoners who 
 are dangerous and obstinate may be chained longer than is permitted under (11) to 
 wU or floor, and the strait-jacket may be added if necessary. The director declares 
 the punishment. Complaints may be made, but a complaint does not delay the 
 punishment. The rules must be posted in all cells and rooms for prisoners to read.] 
 
MODERN PRISOlsr SYSTEMS, 87 
 
 Industries. « 
 
 Labor and inspection, of labor. — §8. With respect to the bodily and otber quali- 
 fications, the labor which convicts are obliged to do is selected either in the agricul- 
 tural or manufacturing line. The inspection of the work done is intrusted to work- 
 masters who belong to the staff of superintendence. 
 
 §9. The work done by the convicts is either carried on under the supervision of a 
 manager or on state account. In case of the latter the national fund must furnish 
 the necessary tools, apparatus, etc., as also the raw material. 
 
 § 10. In harmony with the resolution formed by the honorable Diet, December 28, 
 1885, the national commission has given necessary orders with respect to the employ- 
 ment of the convicts with the purpose that nearly the whole amount of labor, of 
 which the national institutions of Lower Austria stand in need, is furnished by this 
 institution. Outside the institution the convicts may be employed in public work, 
 as roadmaking, regulation of streams, and agricultural labor for farmers, landlords, 
 etc. Only such convicts, however, may be employed in labor outside the institu- 
 tion as do not give occasion for suspicion and who have not made themselves 
 unworthy of the favor of being employed outside by reason of their demeanor. In 
 labor outside the institution convicts are allowed to be employed only in groups of 
 no less than 10, each group being committed to the supervision of a guard. Each 
 one of the convicts employed outside the institution must submit to a careful personal 
 searching on leaving and entering the institution. If convicts are to be engaged out- 
 side the institution m a manner which makes it necessary to lodge them away from 
 the jjrison, such a circumstance must be made known at the proper time to the royal 
 political district authority. The director determines in what kind of labor each 
 individual is to be engaged. 
 
 Amount of labor and time of labor for tlie convicts. — § 11. On each convict 
 is imposed a daily amount of labor, if the nature of the work permits. This amount 
 of labor is determined by the director after a consultation with the workmaster. 
 The standard according to which this determination is effected is the medium amount 
 of work done by a healthy, skillful workman. The amount of labor must extend to 
 a degree which makes an exertion of the powers necessary. With respect to those 
 employments that do not admit of determining a daily amount of labor, the convicts 
 are classified with respect to the degree of their ability, and each individual is obliged 
 to do as much as it is known one of his class is able to do with greatest diligence. 
 For beginners in a certain occupation the amount of labor is not fixed during the 
 time appointed by the director. Nevertheless their daily work performed, as also 
 the skill and diligence exhibited, are adequately controlled. If the convict com- 
 pletes the amount of labor in less than the time set, he is not freed from labor, but 
 he is rather obliged to continue working diligently during the whole time appointed 
 for labor, even though he did accomplish already the determined amount. The time 
 for work on working days during the season from October 15 until March 15 begins 
 at 6 a. m. During the rest of the year the time for work begins at 5 a. m., and it 
 lasts during the whole of the year until 7.30 p. m. Certain pauses, of course, fixed 
 by the rules of the house, are here to be taken into consideration. An exception is 
 made with those convicts who are engaged in occupations which necessarily require 
 a different regulation with respect to time, as, for instance, those connected with the 
 kitchen and the hospital, etc. For these the beginning and the end of the time of 
 labor is determined by the director. 
 
 Labor books. — § 12. For each convict a labor book is kept for a record of the 
 work done. 
 
 Wag'es and gifts for labor. — § 13. The convicts have no claim to reward. The 
 profit of their labor is added to the treasury of the institution. For an incitement 
 to their diligence, however, there is credited to them a gift for the labor done; if, 
 having ended their apprenticeship, they have already earned by labor the whole 
 amount of the daily fees of maintenance, which is to be determined every year 
 beforehand by the national commission. The fee of maintenance consists in the 
 ■ amount paid daily per individual for board, clothing, bedding, and heat and light of 
 work places and bedrooms. The amount of the present for labor is determined by 
 the national commission at leaat half a year beforehand. The convicts, however, 
 should not expect that during this period the arrangement will remain unaltered 
 under all circumstances. These gifts for labor are transferred to the respective con- 
 vict for a possession when he is dismissed from the institution. The manner in which 
 it is done is this: The labor presents are directly sent to the home community of the 
 respective convicts dismissed. The convict must go to his place of residence in order 
 
 aSee lurther illustrations under " Rules of conduct," above. 
 
88 MODERN PRISON SYSTEMS. 
 
 to receive his posseasion. The labor present intended to be given remains, however, 
 a possession of the institution if the convict (o) dies in the institution, (6) escapes 
 from the institution, and (c) in proportion as on his account the property of the 
 institution is damaged. 
 
 Cake of Health. 
 
 Physician. — §6. The sick convicts are committed to the care of a physician 
 appointed by the national commission. It is his duty to assist in the conduct of 
 sanitary regulations ordered by the police authorities. 
 
 Food, clothingr, baths, lodging, and bedding. — § 14. With reference to these, 
 the rules of the house of the national institution of penal servitude of Lower Austria 
 contain special provisions. 
 
 Heat and light. — § 16. Throughout the winter the workshops are heated in day- 
 time and the bedrooms in the evening; also, the further localities of the institution 
 occupied for its service, as offices, watch rooms, etc., are heated. The courty-ards, 
 the bed and sick rooms, as also the watch rooms, the staircases, and the corridors, 
 must be lighted during the night. 
 
 Treatment of sick convicts. — § 17. Sick convicts must be brought to the infirmary 
 of the institution and be treated by a physician. Those, however, who are sick with 
 infectious diseases must be separated from the rest in such a way that spreading of 
 the disease may be prevented. If the sickness of the convict be of such a light nature 
 that it does not hinder him in the fulfillment of his duty, he may be employed, with 
 the consent of the physician, in some one of the general workshops. 
 
 Burial. — § 18. If a convict dies in the institution, the corpse, having been wrapped 
 in a clean shroud, is to be transferred to the dead room and kept there for the time 
 of forty-eight hours. Then the body shall be consecrated by the pastor of the insti- 
 tution or by the pastor of the respective confession, and thereupon the burial shall 
 take place, in the most simple manner, at the graveyard of the place. The expenses 
 connected with it are to be paid from the saved amount of the labor present (§13) 
 of the deceased, and if this does not cover the expense the necessary addition is made 
 from the national fund. 
 
 Education and Eeligion. 
 
 Pastoral care. — § 5. Divine services and religious exercises are led by different 
 pastors, with respect to the different religious confessions represented among the 
 convicts. They receive either a fixed salary from the national commission or are 
 called on special occasions. 
 
 House committee. — § 21. The house committee consists of a delegate of the royal 
 lieutenant-governor of Lower Austria, who acts as chairman, a delegate of the national 
 commission of Lower Austria, the director of the- institution, and the physician and 
 j)astor of the institution. This committee meets at least once a month. It receives peti- 
 tions and complaints of the convicts and decides on them, as also on the propositions 
 brought before the committee by the director with regard to transferring of convicts 
 in the classes. Propositions with respect to release of a convict must also be brought 
 before the committee of the house by the director of the institution. Convicts whose 
 demeanor gives reasonable hope for their amendment, who, however, do not yet seem 
 to be fit for a definite dismissal, may be dismissed by the house committee under the 
 condition of reserving the right to revoke the dismissal, or they may receive leave of 
 absence for a certain place of labor, which is determined by the director of the insti- 
 tution. Such convicts, concerning whose behavior the direction of the institution 
 must keep itself continually informed by means of taking proper care to look after 
 them, may, in accordance with circumstances, at any time be called back to the insti- 
 tution by the direction of the institution and eventually be made to return by the 
 board, of which the house committee must receive notice afterwards. 
 
 Dischahged Prisoners. 
 
 Discharge of convicts.— § 22. The definite dismissal of convicts shall take place 
 as a rule only when they have been placed in the first class because of their good 
 behavior. The national commission for the institutions of penal servitude and cor- 
 rection, which has ordered the delivery of the convict, may decide on the proposition 
 of dismissal approved hy the house committee. 
 
 §23. On the day of dismissal the convict is jirovided with the necessary clothing, 
 either from his own provision or in case that this be useless, and the relatives of the 
 convict can not be required to furnish it, at the expense of the national fund. On 
 the same day is transferred to him through the community of his home his saved 
 
MODERN PRISON SYSTEMS. 89 
 
 labor fund in accordance with § 13, alinea 5. With the definitive dismissal of a con- 
 vict the national institution of penal service ceases to be the sphere of his activity. 
 
 Inside superintendence. — § 24. As to what concerns the superintendence over 
 the convicts, as also the maintenance of peace and order in the institution, the 
 director, with the help of the superintendent and guard staffs, is supposed to make 
 further help unnecessary by a distribution of service conformable to the purpose. 
 In those rare cases in which the director, in accordance with his instruction of service, 
 is either entitled or obliged to call for the service of the royal military, the expense is 
 paid by the national fund. 
 
 STATUTE FOR THE IiOWEB AtTSTBIAN STATE BEFOBM SCHOOL 
 
 AT EGGENBUBG. ' 
 
 General provisions. — § 1. The object of the Lower Austrian State Reform School 
 at Eggenburg is to provide religious and moral training for morally neglected children 
 of both sexes, by furnishing, through the guardianship of a reputable family, the 
 care, guidance, fitting instruction, and advice adapted to their capacities and serv- 
 iceable in their future callings. 
 
 § 2. The institution will receive: (a) Minors, guilty of a penal offense that accord- 
 ing to the provisions of the Criminal Code is, solely by reason of the minority of the 
 offender, not accounted as a crime, but, in accordance with §§ 2 lit. d. and 269-272 
 of the Criminal Code, is punishable as a transgression upon the decision of the court 
 in favor of admissibility of the culprit into a reformatory institution. (§8, alinea 1, 
 law of May 24, 1885. R-G-Bl. No. 89. ) (6) Minors guilty of a misdemeanor or 
 transgression, punishable according to § 273 of the Criminal Code, by the police 
 court, who have been totally abandoned and for whom the means of obtaining an 
 ordinary education are not to be found, and consequently their delivery into a 
 reformatory institution by the police court is necessitated. (§8, alinea 2, law of 
 May 24, 1885. E-G-Bl. No. 89.) (c) Furthermore, minors, who, pursuant to § 270, 
 Criminal Code, have been sentenced to separate confinement, may, upon the order 
 of the court, be received to serve out the term of punishment. 
 
 § 3. When there is sufficient room there may also be received, in purview of § 16, 
 alinea 2, law of May 24, 1885, E^G-Bl. No. 90, children of both sexes, from their 
 sixth to the completion of their fourteenth year, upon application of their legal 
 guardians, and subject to the approval of the guardian's court, for purposes of moral 
 and religious training (§1), as pay wards, upon payment of full charges; or, with 
 the consent of the respective Chambers of Deputies, at charge of the exchequer of 
 their respective home provinces. 
 
 § 4. In the cases prescribed ad. § 2 lit. a, a ward may be accepted only upon the 
 finding of a state commission, existing under § 7, law May 24, 1885, R-G-Bl. No. 90. 
 In cases provided for by § 3, however, the acceptance follows upon the finding 
 of the political provincial government as construed by the ruling of the imperial 
 ministry of the interior, September 20, 1892, and upon furnishing an indemnifying 
 bond for the costs of detention. (Ruling of the Lower Austrian State Department, 
 January 25, 1893. Z. 61964, a 4, L-A-Z-3995/93. ) 
 
 IVEanag'sment and administration. — § 5. The management of the Lower Austrian 
 State Reform School devolves upon the Lower Austrian Chamber of Deputies. By 
 this provision the police control of the General Government is not interfered with. 
 
 §6. As to the education, instruction, and household discipline of the boys, the 
 school is under the immediate direction of a superintendent; as to the girls, under 
 the direction of a matron, who shall be a member of a religious order. The appoint- 
 ment of the superintendent and matron is subject to confirmation by the Government. 
 The economic control of both divisions of the institution lies exclusively in the hands 
 of a state official directly subordinate to the Chamber of Deputies. 
 
 Training and instruction. — § 7. The care of souls and bestowal of religious 
 education for the Catholic wards is in charge of the house priest (curate) . In regard 
 to wards who are not members of the Roman Catholic faith, care for their religious 
 culture will be had by an understanding with the respective educational committees 
 of their several confessions. 
 
 § 8. Wards of school age receive instruction corresponding to the requirements of 
 the State law for common schools, as well as that adapted to the special needs of the 
 institution. Wards who have passed their fourteenth year, and have achieved the 
 graduating certificate of the common schools, receive, especially during winter even- 
 ings, review and postgraduate courses in agricultural and industrial directions. The 
 training is in general to be so directed as to be subordinated to the special aims of 
 the institution, and in the upper classes to produce that harmony with the physical 
 
90 MODERN PEX80N SYSTEMS. 
 
 occupations of the wards that will induce a fuller understanding and interest in the 
 future thoroughness of the artisan. Regarding the acquisition of public-school gradu- 
 ation certificates forwards who complete their fourteenth year at the institution, care 
 is taken that the certificates do not disclose the residence of the wards in the insti- 
 tution. Provision of the necessary supplies for instruction and of books for the school 
 library follows after recommendation of the teachers, upon request of the superintend- 
 ent or of the matron, out of the endowments granted for that purpose by the General 
 Assembly. The Lower Austrian Chamber of Deputies appoints teachers for instruct- 
 ing the boys at the institution, in numbers provided by the General Assembly. The 
 girls are instructed by teachers belonging to religious orders, under regulations in 
 accordance with contracts entered into with the respective congregations. 
 
 § 9. The wards are divided into families, due regard being had to age and social 
 (moral) nature. For close supervision and continuous educational ^idance of the 
 wards, each family has a monitor; in case of the girls, such monitor is a nun. This 
 classification, excepting during school hours, but inclusive of other occupations, is to 
 be at all times preserved. 
 
 § 10. The occupations of the wards are to serve the purposes and needs of the insti- 
 tution solely. The wards, especially those of school age, are as far as possibe to be 
 employed in farming and other outdoor work, and always in a manner suitable to 
 their age and capacities. The amount of time to be devoted to instruction in the 
 trades and manual training is to be confined to the absolutely requisite times and 
 seasons of bad weather. Determination as to the kinds and extent of newly intro- 
 duced varieties of trades is left to the Chamber of Deputies, after report of the direc- 
 tors and the superintendent, or the matron. 
 
 § 11. Disposition as to permissible vacations, and their use for furtherance of the 
 bodily and moral training of the wards by means of systematically conducted games, 
 military exercises, and walks, are to be provided for in the rules of the house. 
 
 § 12. The rules of the house, which are to regulate the entire inner life of the insti- 
 tution, together with regulations as to the behavior of the wards, are to be determined 
 by the Lower Austrian Chamber of Deputies in conjunction with the state department. 
 
 § 13. Exact compliance with the rules of the house, on the part of the wards and of 
 the servants, is, in reference to the institution for boys, to be supervised by the 
 superintendent and the teachers; and in that behalf the latter are to conduct in rota- 
 tion an inspection, concerning which, and the uses and obligations connected there- 
 with, a special ordinance is to be framed. 
 
 § 14. Eewards and penalties are to be announced and executed by the superin- 
 tendent or the matron, and special records thereof are to be kept. The rewards of 
 the wards are to consist of: (1) Public praise; (2) permission to take part in excur- 
 sions; (3) conferring of certain offices of trust; (4) conferring of a single or a double 
 mark of merit; (5) posting on the roll of honor; (6) gifts of tools, games, or books. 
 Degrees of merit are to be displayed in some easily recognizable form on the gar- 
 ments of the wards. The posting on the roll of honor placed in the dining room is 
 awarded only after at least six months of exemplary conduct, and is always accom- 
 panied by the presentation of one of the prizes noted under clauses 4 or 6, and takes 
 place quarterly. In addition to the stated opi.ortunities arising by reason of particu- 
 larly praiseworthy actions of individual wards, special occasion for bestowing rewards 
 is to be made of patriotic memorial days, such as the name and birthdays of the 
 reigning Emperor. As punishments there may be used: (1 ) Reprimand (in private or 
 before the entire household ) ; ( 2 ) exclusion from the playground ; ( 3 ) detention dur- 
 ing recess; (4) withdrawal of oflBce of trust; (5) loss of a mark of merit; (6) erasure 
 of name from roll of honor; (7) fasting; (8) corporal punishment. The disciplinary 
 punishment of fasting consists in the withdrawal of one article of food; subsequently 
 of a meal, with the exception of the accompanying ration of bread. The punishment 
 may be brought into requisition only once in fourteen days in the case of children 
 under 10 years of age, or once a week in case of older wards. The discipline of 
 corporal punishment consists in whipping on the seat with a rod. 
 
 § 15. During the term of residence of a ward the parents or guardians must 
 abstain from all interference with the education of said ward, and the Lower Austrian 
 Chamber of Deputies shall, in relation to wards placed in the institution subject to 
 § 16 of the law of May 24, 1885, R-G-Bl. No. 90, if no statutory provision is made as 
 to the rights of the institution, obtain satisfactory and, if possible, judicial directions 
 in that behalf. According to circumstances in special cases, the authorities of the 
 institution may, in the sense of §§ 177 and 178, a, b, G-B, call for the aid of com- 
 petent courts to declare the fathers of wards deprived of parental authority, and to 
 appoint responsible guardians for said wards. 
 
 § 16. During residence in the institution the wards receive, besides the necessary 
 board and lodging, a:il necessary clothing, underwear, and footwear, as well as school 
 
MODERN PKISON SYSTEMS. 91 
 
 supplies, tools, and other necessary appliances. The food supply for healthy wards 
 is aetermined by the Lower Austrian Chamber of Deputies. The choice of food for 
 sick wards is under the physician's order. 
 
 §17. The Lower Austrian Chamber of Deputies appoints a house physician to give 
 medical aid to the wards, for examination, vaccination and revaccination of new 
 arrivals, and for supervision of the institution in general. In accordance with the 
 relief regulation (§23), necessary medicines are supplied from national funds. 
 
 Dischaxge. — § 18. The wards (with exception of the cases provided for in § 2, 
 alinea c) remain in the institution until the house committee pronounces them suf- 
 ficiently trained and morally improved to enter them in a self-sustaining calling; 
 consequently such wards as have entered the institution at such an advanced age 
 that upon the completion of their fourteenth year, owing to the shortness of their 
 term they do not yet appear to be improved, but whose early improvement seems 
 probable within the legal age limit, may be retained beyond the specified age. 
 
 § 19. The house committee consists of a delegate of the Lower Austrian department 
 of state as chairman, a delegate from the Lower Austrian Chamber of Deputies, the 
 superintendent, the matron, and the house physician. For those instances in which 
 (in accordance with § 270, Criminal Law) minors are serving punishment in the 
 institution, a member of the imperial circuit court of Eggenburg, nominated by the 
 imperial department of justice, is to be added to the house committee. The house 
 committee meets when required, but at least once in each month, to receive petitions 
 or complaints of the wards and to decide thereon. Requests for discharge of wards 
 are to be submitted to the house committee by the superintendent or matron respec- 
 tively. Wards whose behavior affords well grounded hopes of improvement but who 
 do not appear as yet qualified for final discharge, may be discharged subject to recall — 
 that is, paroled, by the house committee. The same provisions (§ 20) are to be 
 taken in their regard as in the case of the finally discharged. According to circum- 
 stances, such wards may be recalled at any time by the authorities of the institution 
 upon a report properly filed to the house committee, and this recall may be enforced 
 by intervention of the police power. The ratification of grants by the house com- 
 mittee of all requests for final discharge rests with the provincial commissioners of 
 penitentiaries and reform institutions, they being the respective provincial authori- 
 ties (in the case of 2, 6, police authorities) who have authorized the sending of those 
 wards to the Lower Austrian State Reform Institution. 
 
 § 20. After their discharge from the institution, the wards will, with the consent 
 of their guardians and the proper authorities, be placed by the superintendent or 
 matron as apprentices or servants with such respectable manufacturers and employ- 
 ers as will declare their readiness to accept them, generally free of charge and with 
 approval of the Chamber of Deputies; and for shorter periods upon compensation 
 for clothing by the said chamber, and ultimately at the expense of the persons 
 responsible -for the wards. Wards ready for discharge, and for whom necessary 
 means are not provided by relatives or charitable bodies, will be provided with 
 clothing at time of discharge out of public funds (§23) and requisite documents for 
 admission to service (workmen's or servants' books) through mediation of the school 
 authorities. It shall be the duty of said authorities to institute appropriate inquiries 
 as to the reliability of employers and masters, and to convey to them exact informa- 
 tion as to the moral status of the wards to be consigned to them. In every case of 
 apprenticeship or of binding out to service, a written contract shall be executed. 
 The authorities of the institution shall, through the superintendent or matron or 
 their assistants, continue to exercise an influence upon the wards so apprenticed or 
 bound out to service by visiting the same, and shall continue to look after dis- 
 charged and apprenticed wards until they have finished their apprenticeship — that is, 
 until they have completed their eighteenth year. In case the behavior of such a ward 
 is not as it should be, the authorities shall advise the Chamber of Deputies thereof, 
 and refer the case for their further disposition. 
 
 OfiB.cials. — §21. The supervisor, the superintendent, and the teachers are Lower 
 Austrian State officials and are subject to the regulations of the rules of the OflScial 
 Code and of the pension rules for Lower Austrian State officials. The matron, 
 female teachers, and house chaplain will be appointed annually by the Chamber of 
 Deputies. The monitors and monitresses, the latter provided only they do not 
 belong to a religious order, are eligible according to the rules provided in their 
 behalf. 
 
 § 22. The extent of the authority of the supervisors, superintendents, matrons, and 
 teachers, as well as their duties, shall be regulated by rules formulated by the Lower 
 Austrian Champer of Deputies. 
 
 Special regulations. — § 23. The expenses of the care of such wards as are charge- 
 able (under the law of May 24, 1885, R-G-Bl. No. 90) to Lower Austria, if they have 
 
92 MODEBN PRISON SYSTEMS. 
 
 any estate of their own, or if those who are chargeable with their nurture are pecuni- 
 arily responsible, are to be collected out of such resources. But in respect to all 
 otherwards (in accordance with law of May 24, 1885,E^G-B1. No. 90) such expenses 
 shall be defrayed by the Chamber of Deputies of the Crown lands, to whom such 
 wards are respectively to be charged. The total or partial payment for the care of 
 wards from Lower Austria who have been received upon petition from their legal 
 guardians (§ 3) may in pressing cases be allowed by the Lower Austrian Chamber of 
 Deputies. Eegarding those judicially arrested (according to § 2, last alinea) , the regu- 
 lations applicable to prisoners will govern. 
 
 § 24. All additions, supplies, and labor necessary for the Lower Austrian State 
 Reform Institution which can not be provided by its inmates shall be procured upon 
 public bids. The care of attendants and wards is to be left to the rules of the 
 institution. 
 
 § 25. The accounting for the past and estimates for the ensuing year shall be sub- 
 mitted annually* to the State Assembly for examination and approval, as is done by 
 other State institutions. All important circumstances and occurrences relating to the 
 institution during the course of the year shall be passed upon at the annual assembly 
 of the Chamber of Deputies. 
 
 § 26. An accounting of the receipts and disbursements of the Lower Austrian State 
 Eeform Institution with the State treasury, and the supervision of its entire produc- 
 ing capacity by the State auditor of public accounts shall be conducted in like manner 
 as with other Lower- Austrian State institutions. 
 
 § 27. Amendments of the statute must receive the approval of the department of 
 state. 
 
 House Rules (Hausordnung). 
 
 Aim of the reformatory. — § 1. The Lower Austrian State Ketormatory has for its 
 aim the religious and moral training of such boys and girls as are intrusted to its care, 
 by giving them parenta,l care, training, and such instructions as are deemed suitable 
 for their ability and which shall be beneficial in relation to their future welfare. 
 
 Admission. — § 2. Each pupil at the time of admission must undergo bathing and 
 cleaning of the body, and if found necessary have his hair cut according to the exist- 
 ing custom, and receive the proper clothing (uniform) from the institution. The 
 placing of the pupil in a family can only take place after the customary medical 
 examination. Valuable belongings of the newly admitted persona are put into the 
 care of officials; private clothing and undergarments are distributed among needy 
 persons who formerly belonged to the institution, but who are now in service of 
 teaching, or such clothing is given to poor orphan children. 
 
 Placing of pupils in family. — § 3. Pupils are placed in a family which is under 
 the immediate care of an overseer. This is done according to age and fitness. A 
 removal of a pupil into another family can take place at any time, according to his 
 conduct, his age, and special qualification and tendencies in the line of his occupation, 
 by permission of the house father or house mother. 
 
 Employment. — § 4. Pupils are employed steadily in the family and if possible in 
 the open air. The industrial instruction for each family is given according to the 
 trade, of which its overseer is competent. An exception with such pupils can be 
 made only when they are appointed by the house father or house mother to do some 
 special work. 
 
 Instruction. — § 5. Each pupil, regardless of age and family, is placed in the grade 
 which his school knowledge permits, and there he receives such mstructions as are 
 in accord with the laws of the state public school, and at the same time meet the 
 conditions of the institution. Boys who have passed the school age and who have 
 acquired the papers of dismissal from the public school receive, in view of their 
 future calling, such reviews and new instruction as are of an industrial and agricul- 
 tural nature, most of which is done in the evenings of the winter season. ( § 8, alinea 
 2, of statute. ) Practical exercise in fruit and bee culture are required of every pupil 
 in the review class. No pupil can be denied participation in the instruction with- 
 out the permission of the house father. 
 
 Worship. — §6. Pupils of Catholic faith, who are not hindered by sickness or 
 occasional dispensations, must attend worship in the chapel of the institution on 
 week days, family worship on Sundays and holidays, and on the birthday of the 
 Emperor. Pupils of other than Catholic faith are to be employed during the time 
 of the Catholic worship. In regard to the religious care for such pupils as do not 
 belong to the Catholic faith, other arrangements are made according to need. 
 
 Time for study and work. — § 7. This begins at the appointed time for rising on 
 workdays, 6 a. m., and ends in winter semester (0(!tober to April) at 6 p. m.; in 
 summer semester (April to October) at 7 p. m. To this an exception can be made for 
 
MODERN PRISON SYSTEMS. 93 
 
 pupils who receive evening instruction, or who, according to other rules, perform 
 work in stables, kitchen, etc. For such the house father appoints the beginning as 
 well as the close of the working time. 
 
 Exercise in open air. — §8. Recreation hours are for the purpose of exercising 
 the pupil in the open air, and they consist in walks, games, and military exercises 
 under the direction of the house father. Games are not left for the free choice of the 
 pupil,'but are carefully Selected in regard to age and season. Pleasure trips and walks 
 mto the immediate surroundings are to be taken on Sundays and hoUdays under favor- 
 able conditions of the weather. Special regard must be given to the weak and sick 
 in the party. 
 
 Cleaning of the body.— § 9. Each pupil must take at least one full bath a month 
 and proper attention must be paid to hair. In summer frequent opportunity is given 
 for outside bathing. A daily foot bath must be taken as long as pupils go barefooted. 
 Clothing for the body is changed weekly; bedclothing monthly, except in special 
 cases. 
 
 meals. — § 10. For board every healthy pupil receives: (a) Bread, 400 grams (rye 
 bread) ; this quantum is divided into five portions — for breakfast, 10 o'clock luncheon, 
 dinner, 3 o'clock luncheon, and supper; (6) for breakfast, daily, 0.50 liter hot soup, 
 milk, or milk soup; (c) dinner, vegetable soup, about 0.50 liter milk or flour prepa- 
 ration; on Sundays, holidays, Thursdays, and birthday of Emperor are added to meal 
 0.50 liter meat soup and 0.50 liter vegetables for each pupil; (d) supper, vegetables, 
 milk, milk soup or well-cooked meat soup (0.50 liter). Special exceptions are made 
 in regard to age or bodily needs of pupils. Meals for sick persons are ordered by the 
 physician. 
 
 IVEedical treatment. — §11. Soon after admission every pupil is vaccinated with 
 animal virus. Sick persons are to be removed to the hospital, unless the sickness 
 does not prevent them from doing work. Persons with acute diseases are put in 
 separate rooms of the hospital. In order that general conditions of health be main- 
 tained, the pupil is put under a medical examination once a month. 
 
 Correspondence of the pupil. — § 12. This can only be carried on under the 
 supervision of the house father. All received as well as outgoing letters of the pupil 
 are to be given to the house father for inspection, and nothing unnecessary or 
 immoral must be found in them. The reception of food or money on part of the 
 pupil is prohibited. 
 
 Visits. — § 13. Pupils may be permitted, with the approval of authority, to receive 
 visits from such relatives only as come to encourage and who themselves have a clear 
 record of conduct. Such visits, which are to last only one-fourth of an hour and 
 which can be repeated only after a considerable lapse of time, must only be made on 
 Sundays and holidays, in presence of one of the officials, when the common language 
 must be spoken. 
 
 The manner of conduct of the pupil. — §14. (a) In relation to superior officers. — 
 Pupils are bound to give unconditioned obedience to their superiors and always meet 
 them with respect. In the rooms they must greet them by rising from their seat; 
 outside by repeating a suitable greeting formula. Boys must remove their caps. In 
 the intercourse with the authorities, who are to do the duty of parents, they should 
 be open and confidential. 
 
 §15. (6) In respect to other pupils. — In companionship with other pupils each one 
 must refrain from making noise and from all violations of good behavior. All 
 immoral talks, telling stories of passed punishable deeds, backbiting, stealing, are 
 absolutely prohibited. It is the duty of every pupil to cultivate and display a 
 friendly spirit toward the others. If anyone is hurt or grieved, he must not seek 
 revenge, but report his grievance to the proper authority. 
 
 § 16. (c) In and outside of the institution. — It is the duty of each pupil to maintain 
 everywhere a quiet and polite manner. Any unnecessary noise, climbing windows, 
 striking on doors, unnecessary running up and down of stairs and halls, are for- 
 bidden. No one is permitted to enter the room with covered head. All mature 
 persons living in the houses of the institution are to be greeted in a becoming manner. 
 With the outside world pupils can only come in contact by permission from the 
 house father or house mother. 
 
 § 17. (d) In regard to escape. — Every attempt and every encouragement to escape 
 is severely punished. Every pupil is bound to report any preparation for such 
 escape to his nearest authority. 
 
 § 18. (e) In regard to property. — Outside of such things as belong to the institution 
 given to the pupils for use, he may not be in possession of other articles except by 
 permission. Things found are at once to be turned over to ihe authorities. Ottered 
 gifts are to be declined with thanks and the giver referred to authority. If such 
 things be found in possession of any pupil, they are taken from him and he is pun- 
 
94 MODERN PKISON SYSTEMS. 
 
 ished. The carrying of anything belonging to the institution into another room is 
 prohibited. Pupils are not permitted to exchange or donate any of their belongings. 
 In case they violate this rule, both parties are to be punished. Borrowing of things 
 can be allowed only by permission of the authorities. 
 
 §19. (/) In regard to cleanliness of body. — Pupils must keep their bodies clean. 
 Daily, after rising, each must wash face, neck, arms, and comb his hair. Those who 
 are engaged in unclean work must repeatedly, especially before any service, class, or 
 meal, wash themselves and comb the hair. 
 
 § 20. {g) In regard to property of the institution. — Rooms must be kept clean and in 
 order. All clothing, books, instruments, tools, beds, etc., must be kept in good con- 
 dition. Any misuse of any property must be refrained from. Every pupil must 
 each morning put his clothing, shoes, and bed in good order. Intentional injury or 
 misuse of property are severely punished. 
 
 §21. {h) In regard to study and work time. — During this time every pupil must 
 diligently and with care work and study. Unnecessary talking, idle staring around 
 durmg working time are prohibited. Only such speech as relates to work is per- 
 mitted. Pupils may not leave their places of work or any room without permission. 
 Visits to toilet closets are allowed singly only, and any congregating in them, as well 
 as in hall and on stairs, is forbidden. Lazy pupils are punished by way of discipline, 
 which is increased by diminishing their portion of food. 
 
 § 22. (i) During worship. — Pupils must attend services with proper devotion and 
 good conduct. 
 
 § 23. (k) In regard to petitions and grievances. — For the granting of petitions every 
 pupil must respectfully ask his authority, and after granting of it he must return 
 thanks. If anyone wishes to bring any petition or grievance before the house father, 
 he must first announce his intention to the nearest officer. Petitions and grievances 
 can be brought before authorities only on Sunday at an hour appointed by the house 
 father. Groundless complaints, or such as are made out of mere jealousy, as well as 
 any false reports, are punished. 
 
 §24. [l) In case of sickness. — Incase a pupil feels sick he must report that fact 
 to his proper authority, and in an extreme case he is permitted to awake him at night 
 from his room. 
 
 Order of the day. — § 25. The signal to arise is given at 5 a. m. At that time all 
 are required to arise from bed, to wEish, comb, dress, and put bed in order. After 
 that the morning devotion takes place, which consists in (for Catholic pupils) a morn- 
 ing prayer, the Lord's prayer, and a greeting. After this devotion, and the pupils 
 have left their sleeping apartments, the soup is served, and then they proceed by 
 families to church. Families which are not appointed to go to church complete the 
 regular housework. Now begins the work in the fields and shops, and continues till 
 12 m. Dinner time from 12 m. to 12.30 p. m. Prayers are made before and after meal 
 by every pupil. In connection with dinner the pupils are granted one hour recrea- 
 tion (according to § 8). During this time the medical inspection takes place. After 
 that the work and studies begin anew, and continue till 7 p. m. in summer and 6 
 p. m. in winter. During the warm season of the year (except in cases of special 
 work) the hour before supper is spent by boys in military exercise; by girls, in 
 taking walks. After completion of work the tools are placed in order and then the 
 evening meal is served, before and after which prayers are said. Soon after this the 
 pupils are led to their sleeping apartments, when they must cease all noise and con- 
 versation, and after devotion must retire. The sleeping apartments are heated in 
 winter, but the fire must be well nigh extinct by the time of retirement. On Sun- 
 days and holidays nothing but the necessary work must be done, and the time after 
 worship in church may be used in exercising, games, reading, etc. 
 
 Rewards and penalties. — § 26. Eewards for model conduct are: ( 1 ) Public reward; 
 
 (2) permission to take part in outings; (3) trusts in important places; (4)grantingof 
 single and double distinction; (5) name upon honor board; (6) gifts of tools, books, 
 games. Penalties: (1) Rebuke (private or public); (2) exclusion from playgrounds; 
 
 (3) work during recreation pauses; (4) retirement 'from place of trust; (5) loss of 
 distinction grade; (6) erasing of name from honor board; (7) fasting; (8) bodily 
 punishments ( § 14 of statutes) . 
 
 § 27. This constitution is to be nailed upon the wall of every study, work, and 
 sleeping room ; it is to be read to every newly admitted pupil, and according to need 
 read and explained on Sunday. 
 
MODERN PRISON SYSTEMS. 95 
 
 SWITZERLAND. 
 
 [References; The following dooumeiits have been used in the preparation of this article: itat actuel 
 du Systfeme PSnal et Pfinitentiaire en Suisse (1900). Rapport pr6sent6 au CongrSs Ptaitentiaire 
 international de Bruxelles par J.-G. Schaffroth, Inspeeteur des prisons et autres institutions ptoales 
 du Canton de Berne. (In Vol. IV of the Aotes, p. 657 ff.) Verordnung betreffend die kantonale 
 Strafanstalt Zurich, 1902. Reglement der kantonalen Strafanstalt Zurich (1876). Organisations- 
 Gesetz iiir die Strafanstalt Lenzburg, 1868. Jahresbericht der Strafanstalt Lenzburg pro 1900,] 
 
 OBGANIZATION OF ADMINISTRATION. 
 
 Each of the federated cantons of Switzerland has a different prison system, with a 
 tendency to unification under one penal code. 
 
 Institutions in the Canton of Zurich. — There are (1) the cantonal penitentiary; 
 (2) district prisons, 11 in number; (3) a correctional establishment at Eingweil for 
 boys between 12-20 years; (4) house of correction at Uitikon, chiefly for drunkards; 
 (5) preventive or educational establishments fflve in number). 
 
 Institutions in the Canton of Berne. — (1) The prison of Thorberg, for crimi- 
 nals and correctionals, chiefly recidivists, and other serious offenders; (2) the prison 
 of Witzwil, for less serious oHenders; (3) the establishment at St. Johannsen, largely 
 for women; (4) at Hindelbank, workhouse for women; (5) the correctional institu- 
 tion of Trachaelwold; (6) 31 district prisons with 457 cells. 
 
 The Canton of Luzerne has (1) a penitentiary; (2) a house of correction; (3) 
 3 establishments of correctional education for youth, and (4) a central prison and 4 
 district prisons. 
 
 The Canton of TTri has a cantonal penitentiary, a prison, but no institution for 
 young offenders. 
 
 The Canton of Schwytz has a penitentiary, 6 district prisons, but no reform 
 schools. 
 
 The Canton of TJnterwald has (1) in Obwald a penitentiary, a prison, but no 
 reform schools; (2) in Mdwald, a penitentiary, prisons of detention. 
 
 The Canton of Glaris has no penal establishment but sends its convicts to Zurich 
 and St. Gall, paying 1 franc per day for each. It has a prison for detention. 
 
 The Canton of Zug has a penitentiary but no district prisons nor reform schools. 
 
 The Canton of Fribourg' has a penitentiary (Zuchthaus), a house of correction, 
 a central prison, 6 district prisons, and a reform school. 
 
 The Canton of Soleure has a penitentiary, a workhouse, and 5 district prisons. 
 
 The Canton of Basle has (1) in Bdle-Ville a penitentiary, an intermediate 
 prison, and a reform school; (2) in B3,le-Campagne a penitentiary, 3 establishments 
 for neglected and abandoned children, and 4 district prisons. 
 
 The Canton of Schaffhouse has a penitentiary. Young offenders are sent to 
 other cantons. 
 
 The Canton of Appenzell. — (1) Ehodes Ext6rieures: Sends convicts to other can- 
 tons; h^ a workhouse, intermediate prison, and an asylum for young offenders. 
 (2) Ehodes Int^rieures: Workhouse and intermediate prison. 
 
 The Canton of St. Gall. — Convict prison, prison of detention, 15 district prisons, 
 6 preventive institutions. 
 
 The Canton of the Grisons has a penitentiary, house of correction, preventive 
 prison, jails, and an asylum. 
 
 The Canton of Argovie. — Penitentiary (Lenzbourg), reform school, 11 district 
 prisons, 4 preventive institutions. 
 
 The Canton of Thurgovie. — Convict prison, a preventive prison, 14 district pris- 
 ons, house of correction, and an agricultural colony. 
 
 The Canton of Tessin has a penitentiary, 6 district prisons, but no reform schools. 
 
 The Canton of Vaud has a penitentiary, 19 district prisons, 2 houses of correc- 
 tion, and 3 reform schools. 
 
 The Canton of Valais has a penitentiary and 8 district prisons. 
 
 The Cantbn of Neuchfttel has a penitentiary for men and one for women; house 
 of correction, and 6 district prisons. Young offenders are boarded in other cantons. 
 
 The Canton of Geneva. — Two convict prisons. Eeform schools are to be 
 provided. 
 
 As a typical illustration of Swiss regulations are given 
 
96 MODERN PBISON SYSTEMS. 
 
 THE REGULATIONS OF THE FKISON OF THE CANTON OF ZimiCH. 
 
 (Verordnung betreffend die kantonale Strafanstalt, 1902. ) These regulations were 
 ordered by the council of government December, 1897. 
 
 Official Organization. 
 
 Commission for supervision. — § 1. The commission for supervision is composed 
 of seven members. The first member is that member of the council of government 
 to whose direction the prison affairs are committed; the other six members are 
 chosen by the council of government. The secretary of prison affairs keeps the 
 minutes. 
 
 § 2. The officers of the prison .have a voice in the meetings of the commission of 
 supervision. 
 
 § 3. The commission of supervision watches over the conduct of the institution and 
 the entire business. In particular its duties are: (a) Visitation of the prison; at least 
 twice in each month, by one member, and the visits are to be noted in the book of 
 visitation; (6) inventory of supplies as often as necessary, and at least once a year; 
 (c) permission of vacations of officers when they are longer than four weeks; (d) dis- 
 ciplinary measures with officers; (e) decision of the number of employees and their 
 pay, their choice on the proposal of the director, and in important cases their pun- 
 ishment or discharge; (/) disciplinary measures against prisoners in certain cases 
 (§5) and their delivery to the state's attorney for crimes committed in prison; (g) 
 approval of petitions for conditional release or for mitigation of penalty on account 
 of good behavior, and proposals for changes when execution is impossible; (A) the 
 fixing of charges for prisoners out of other cantons or for those convicted in federal 
 courts; [i) examination of annual reports, accounts, budgets of the officers of the 
 prison, and making a report to the council of government. 
 
 §4. The commission for supervision is authorized, in case of such offenses as 
 unimportant acts of disobedience and injury, rude speech, and attempts at escape, to 
 employ against the convicts the following measures: Reduction to a lower prison 
 class; confinement in a disciplinary cell, not over twenty days, with or without 
 reducing food, or these penalties may be connected. 
 
 § 5. It is the duty of the president of the commission for supervision (a) to com- 
 municate orders to the director in urgent or unimportant cases; (b) examination of 
 funds and verification of supplies: (c) permission of vacations up to four weeks and 
 arrangements for substitutes; (d) the ordering of disciplinary measures up to half 
 the powers of the commission for supervision; (e) giving out of admission permits to 
 inspect the institution or to visit the convicts outside the regular times. 
 
 § 6. The commission for supervision divides itself into the following sections for 
 purposes of supervision and preparation of business: (a) Order and security of the 
 house; (6) industries and accounts; (c) dietary, kitchen, and sanitation; (d) church, 
 school, and library. 
 
 § 7. They may delegate their powers to the president. 
 
 Officers of the Institution. 
 
 (1.) Director. — §8. The supreme direction and supervision of the prison is the 
 duty of the director. He has the right, in case of necessity, to act directly on his 
 own responsibility. 
 
 § 9. He introduces officers and employees to their duties. He instructs each convict 
 at his admission, decides upon his occupation, and seeks to influence the moral devel- 
 opment of individual convicts by personal intercourse and strict oversight. He sees 
 to it that the penalty decreed by law is executed, without respect of persons. 
 
 § 10. The director is permitted to employ the following disciplinary measures: (a) 
 With employees— reprimand, jirohibition to go outside, fine up to 10 francs. More 
 important offenses against discipline are to be referred to the commission of super- 
 vision or the president. (6) With convicts— reprimand, removal of special gratifica- 
 tions, reduction of ordinary diet, confinement in light or dark cell, with or without 
 reduction of diet up to five days in the first class, and up to three days ni the second 
 class. He must report his orders in the daily reports. 
 
 § 11. The director must give his entire time to the prison. In case of absence even 
 for one day he is to give notice to the president of the commission, and for longer 
 absence must secure his permission. 
 
 § 12. A secretary is employed to assist the director. 
 
 § 13. The ordinary substitute for the director is the administrator. 
 
MODEEN PRISON" SYSTEMS. 97 
 
 (2) Administrator. — § 14. The administrator is tlie manager of the industry 
 and real estate and responsible accountant and treasurer of the institution. He is 
 immediately subordinate to the director, and must be in daily touch with him. 
 
 § 15. He looks after the housekeeping, buys supplies, cares for storage, and keeps 
 accounts of stock. 
 
 § 16, All industries are under his direction. He supervises their management, and 
 makes suggestions to the commission of supervision through the director. The 
 interests of private industries must be protected as far as possible by the management 
 of the prison business. 
 
 § 17. He keeps with separate accounts the chief fund of the institution, the com- 
 mon aid and savings funds of individual convicts, and also the fine and aid funds of 
 employees. * * * 
 
 § 18. The administrator gives his entire time to the institution. If absent only one 
 day he must give notice to the director, and for a longer time must secure permission 
 of the president of the commission of supervision through the director. He must 
 furnish security in the sum of 10,000 francs. 
 
 § 19. The ordinary substitute for the administrator is his secretary. 
 
 (3) Chaplain. — §20. The chaplain is the pastor of the institution. He is to seek 
 to further the religious and moral improvement of convicts by sermons on Sundays 
 and by other pastoral care and instruction. He is librarian of the institution. 
 
 § 21. He is to visit the institution daily. If absent only one day, he must give notice 
 to the director, and for longer time secure permission of the commission of supervi- 
 sion through the director. 
 
 § 22. The director may secure religious assistance for convicts who are not Protes- 
 tant, according to their beliefs. 
 
 (4) Physician. — ^§23. The physician cares for all matters affecting health. He 
 must visit the institution daily. If absent only one day, he must give notice to the 
 director, and for longer time secure permission of the president of the commission 
 of supervision through the director. 
 
 § 24. The house surgeon is subordinate to the physician. 
 
 1 25. The physician examines every convict on his admission, and records the result. 
 At discharge there is an examination and record. In general, he gives medical care 
 to prisoners and employees. 
 
 § 26. With consent of the state's attorney the sick may be temporarily transferred 
 to the cantonal hospital for consultation, for isolation in case of contagious diseases, or 
 for operations. The insane may be sent to the Asylum of Burgholzli, and women 
 about to be confined to the clinic for women. 
 
 (5) Conference of officers. — § 27. The oflBcers of the institution (director, admin- 
 istrator, chaplain, and physician) compose the conference of. oflScers. The director 
 is the chairman; the chaplain keeps the minutes. 
 
 § 28. This conference is called together by the director as required at least every two 
 months. On the request of an officer the director is to call a meeting. 
 
 §29. The duties of the conference are: (a) Consideration of important events in the 
 institution; (6) consideration of proposals to be brought before the commission of 
 supervision ; (c) decision of matters referred to the conference by the commission of 
 supervision; (d) order of marks of prisoners. The proposals go to the proper branch 
 of the council of government or to the commission of supervision. 
 
 §30. The conference decides about aid to prisoners over 10 francs in amount; 
 smaller sums are granted by the director. Aid to employees out of their fund is 
 decided by the conference. 
 
 Employees op the Institution. 
 
 (1) General regulations. — § 31. The employees (office clerks, steward, overseers, 
 baker, cook, laundress, house surgeon, electrician, locksmiths, firemen, stable keepers, 
 gate keeper, watchman, guards, messengers, and porters), as well as teacher and 
 organist, are appointed by the commission of supervision on nomination of the 
 director. For the choice of the clerk of industries, assistants in administration, and 
 of the office clerks in Zurich the director receives suggestions from the administrator. 
 For special forms of work the administrator, with consent of the director, majf employ 
 persons for fourteen days. For a longer period the consent of the commission of 
 supervision is necessary. 
 
 § 32. An employee may be discharged upon receiving six weeks' notice. 
 
 § 33. In case of serious breach of discipline an employee may be discharged forth- 
 with by the commission of supervision; in urgent cases, by their president. 
 
 § 34. Each employee is instructed at the beginning of his service by the director, 
 and a copy of the regulations is given him. 
 
 H. Doc. 452 7 
 
98 MODERN PRISON SYSTEMS. 
 
 § 35. Each employee may be held to service if needed outside the regular hours 
 and duties. 
 
 § 36. As security against breach of contract or injury to property a week's wages of 
 each employee will be held back. 
 
 § 37. The employees in intercourse with the prisoners are to maintain an earnest 
 but benevolent manner and to avoid all offensive actions. They are to require uncon- 
 ditional obedience and announce every irregular action to their superiors in office. 
 
 § 38. The State furnishes to the employees their uniforms, which are to be worn 
 while on duty. * * * After a certain period of wear this clothing belongs to the 
 employee. He is responsible for avoidable injuries. 
 
 § 39. Employees unmarried live in the prison, and the married, who have no resi- 
 dence, belonging to the service. * * * Rooms may be rented. 
 
 § 40. Employees residing in the institution receive free lodging and washing. 
 Those who occupy houses receive instead of food and washing a corresponding sum, 
 and pay rent. 
 
 § 41. All employees may have gratuitous medical care, and none can be excused 
 from service on claim of illness without the approval of the house physician. 
 
 § 42. The fund for aid of the employees is designed to provide medical help in 
 sickness. They are permitted to offer their opinions in the matter. They may 
 appoint two of their number annually to examine accounts. 
 
 § 43. The fund is supplied from interest, fines, and contributions of the State and 
 of private persons. 
 
 § 44. Employees may be armed with pocket revolvers, but only inside the prison. 
 
 (2) Office employees.— § 45. The director has a secretary. The administrator 
 is assisted by the clerks of industries and administration. 
 
 § 46. Each office employee furnishes security in the sum of 5,000 francs. 
 
 (3) Steward. — § 47. The steward has under him the entire inside service. He 
 supervises the arrangements for security and the daily routine. 
 
 1 48. He watches over the condition of the buildings, good order, and cleanliness, 
 and administers all matters of furniture and utensils. 
 
 § 49. He is substitute of the director's secretary, and gives securitv in the sum of 
 1,000 francs. 
 
 (4) Superior woman supervisor. — § 50. Has entire supervision of the women's 
 department, kitchen, and laundry. 
 
 § 51. She is directly responsible to the director, and reports to him whatever is 
 necessary. 
 
 § 52. She is to see that male employees enter her department only by consent of 
 the director, and she must accompany them. 
 
 § 53. She makes suggestions to the director in respect to the occupations of the 
 women prisoners. 
 
 (5) Supervisors (of men). — § 54. Have to keep watch over the male prisoners, 
 hold them to industry, and report irregular conduct to the director. They also are 
 foremen of industries. 
 
 (6) House surgeon. — § 55. Is assistant to the physician. * * * He must have 
 passed examinations showing his fitness to perform minor operations. 
 
 § 56. In the women's department the under supervisors do the nursing, and must 
 have had previous training. 
 
 (7) Cook and laundress.— § 57. The (female) cook is over the kitchen, and 
 directs the women prisoners who assist her, and is responsible for the supplies. 
 
 § 58. The laundress directs the work of the laundry and the women prisoners who 
 assist her. 
 § 59. The cook and the laundress furnish security in the sum of 1,000 francs. 
 
 (8) Under employees.—! 60, 61, 62. Employees for inner and outside services, 
 and give security in the sum of 1,000 francs. 
 
 Service of security. — § 63. Is in charge of the steward, with responsibility to the 
 director, and (§ 64) has three parts—guardmg the gates, inner watch, and outer watch. 
 
 § 65. There are inner and outside gate keepers. 
 
 § 66. Inside the watchmen and outside the soldiers keep guard. 
 
 § 67. These employees during hours of service may not have other occupation. 
 
 § 68. Weapons may not be used, save when all other means are exhausted, and 
 warning must be given. Attacks on persons and attempts at escape may be pre- 
 vented by use of arms. Hnman life may not be taken without necessity. 
 
 Rbcbptiojsi op Peisoneks. 
 
 Purpose of the institution.— § 70. To punish prisoners of various classes: Those 
 condemned to a penitentiary (Zuchthausstraflinge), those sent to a workhouse, and. 
 
MODEEN PRISON SYSTEMS. 99 
 
 exceptionally, prisoners for minor offenses (Gefiingnissstraflinge). They must be 
 kept apart by classes. 
 
 § 71. A warrant from the state attorney or other court authority is required to 
 receive a prisoner. 
 
 Bulbs of Conduct. 
 
 (These are not given separately, but in connection with sections on duties of oflBcers 
 
 and other regulations. ) 
 
 Disciplinary Measures. 
 
 Cellular and congreg'ate. — §72. The forms of treatment are: (1) Cellular confine- 
 ment; (2) two stages of common imprisonment by day, with cellular isolation at 
 night. Only sick prisoners may be in congregate dormitories at night, on advice of 
 physician. 
 
 § 73. Prisoners in cellular confinement work, eat, and sleep in their cells, but may 
 attend church and school together. They are visited regularly by the director, the 
 chaplain, and the physician. 
 
 § 74. The prisoners in congregate life work and exercise together, but may not talk 
 with each other; but they sleep and rest in their cells alone. 
 
 Systematic treatment of prisoners. — § 75. Prisoners who must serve at least 
 one year are divided into three disciplinary classes, and each enters the first class. 
 
 § 76. Advance to a higher class is conditioned on good behavior, and is recom- 
 mended by the conference of officers to the commission of supervision. The director 
 makes a statement, at least once in two months, upon the conduct, industry, and 
 moral improvement of prisoners. 
 
 § 77. The prisoners of the first class are kept in separate cells for three to six 
 months. This period may he modified within these limits by the director, after con- 
 sultation with the conference of officers, the conduct, and character of the prisoner 
 being considered. 
 
 § 78. The director, when advised by the physician, may, on sanitary grounds, 
 shorten the period of separate confinement or do away with it entirely. 
 
 § 79. When discipline and order require it on account of the vicious conduct and 
 injurious influence of a prisoner, the commission for supervision may order separate 
 confinement for longer than six months, even to the end of the sentence. 
 
 § 80. Prisoners of the first class may receive visits, write letters, and take books 
 from the library (beyond those which are required) only on permission of the director. 
 Additions to food may be permitted by the director when the work is severe and the 
 conduct is good. 
 
 § 81. Prisoners of the second class are held in congregate confinement by day. 
 Upon the request of a prisoner, and for good reasons, the commission for supervision 
 may order separate confinement, even to the end of the sentence, the prisoner not 
 being permitted to change his request before the expiration of two months. The 
 convict must remain in this class at least six months. 
 
 §82. The following privileges are granted prisoners of the second class: Once in 
 two months they may receive visits from friends and write to them, and requests for 
 library books may be made. 
 
 § 83. Convicts of the third class are in congregate confinement by day. Only under 
 § 81, e, may the commission for supervision restrain them in cells. 
 
 § 84. Prisoners of the third class (probation class) are granted the following privi- 
 leges: They may be visited and correspond monthly; free selection and more fre- 
 quent change of books; upon special permission of the director may make articles for 
 themselves or friends, in freedom, and adorn their cells in suitable ways; may work 
 for the institution and in the courts. 
 
 Treatment of life convicts and of those on short sentences. — § 85. Life con- 
 victs pass through the three classes for fifteen years. * * * 
 
 § 86. Prisoners on sentences less than one year pass one month at least, as a rule, 
 in a separate cell. 
 
 Disciplinary punishments. — §96. Permissible are: Reprimand, withdrawal of 
 privileges (especially of extra food), reduction of regular diet, simple confinement 
 in a cell with or without reduction of food, dark cell without reduction of diet, dark 
 cell with reduction of diet (intensified arrest) . 
 
 § 97. With "intensified arrest" serious breaches of discipline are punished, and, in 
 particular: (a) Attempts at escape and flight; (b) resistance to officers and employees; 
 (c) willful injury to the institution, to tools, or materials of labor; {d) incentives given 
 to fellow-prisoners to attempt escape or to resist officers or do injuries; (e) assaults on 
 
100 MODERN PRISON SYSTEMS. 
 
 fellow-prisoners; (/) repeated lying and simulation of sickness; {g) prohibited inter- 
 course with fellow-prisoners or with outside persons. 
 
 § 98. Before the cell punishment of five days with reduction of diet can be repeated 
 the physician must examine the prisoner and give approval. Between periods of 
 five days of this punishment there must intervene one day of ordinary imprisonment. 
 
 §99. Disciplinary offenses in the first class are punished by: {a) Reprimand; (6) 
 withdrawal of privileges (§ 80); (c) reduction of diet; (d) cell, or dark cell, with or 
 without reduction of diet. 
 
 §100. Disciplinary offenses in the second class are punished by: (a) Reprimand; 
 (b) partial or entire withdrawal of privileges (§82); (c) withdrawal of extra fopd; 
 (d) reduction of customary diet; (e) cell or dark cell; (/) reduction to the first class 
 for undefined period. 
 
 §101. Disciplinary punishments in the highest class are: (a) Reprimand; (6) with- 
 drawal of privileges (§ 84); (c) withdrawal of extra food; (d) reduction of ordinary 
 diet; (e) reduction to second class, and under some circumstances cellular confine- 
 ment for a fixed time. 
 
 (Compare, under "Organization of administration," the powers and duties of the 
 commission of supervision and of the director, §§4, 10. ) 
 
 Oeqanization op Industky. 
 
 § 87. To each convict who works with industry and good behavior a wage share 
 may be credited. The amount of this share, in case the convict earns at least six- 
 tenths of his food, maybe: In Class I, 5 per cent of what is earned; in Class II, 6 to 
 10 per cent; in Class III, 11 to 12 per cent. If the convict has brought upon himself 
 a cell punishment, his share is reduced in the quarter as many per cents as he has 
 days of punishment. 
 
 § 88. This share is credited to the savings account of the convict, and the state of 
 his account is shown him at the end of each quarter. 
 
 § 89. At the end of the year a proper interest on the fund is credited to the pris- 
 oner if the sum is 10 francs. 
 
 § 90. This savings fund of a convict can not be taken by any other person nor 
 attached. 
 
 § 91. The director may permit the convict to order proper payments for clothing, 
 tools, books, and support for his needy family, etc. 
 
 § 92. When he is finally or conditionally released his savings may be given him — 
 all or part — or paid to the proper board or society for aiding prisoners, as the director 
 sees to be best. 
 
 § 93. If the convict dies before discharge his fund is credited to the common sav- 
 ings fund. The commission for supervision may order payment of it to needy 
 relatives. 
 
 §94. The common savings fund is used to assist sick prisoners at discharge. 
 
 §95. Into this common fund fall: (a) The share credited before discharge to 
 deceased convicts (§93); (6) the proceeds of confiscated articles; (c) the surplus 
 of interest of the savings above that credited to convicts. 
 
 Cake op Health. 
 
 (Compare, under "Organization of administration," duties of the physician, 
 
 §§ 23-26.) 
 
 Education. 
 
 (Compare the duties of the chaplain, under "Organization of administration" 
 
 above, §§20-22.) 
 
 Discharged Prisoners. 
 
 regulations relating to conditional release and modifications of penalty for 
 
 good conduct. 
 
 [The careful method of guarding this provision is especially worthy of study in 
 America. — C. R. H.] 
 
 § 102. When a convict who has been condemned to a limited term has passed 
 through the three classes in a satisfactory manner, and can show that he has employ- 
 ment or means of living, he may hand to the commission for supervision, by the 
 
MODERN PRISON SYSTEMS. i "IPI 
 
 
 director, a petition for probationary release (probeweise Entlassung). The (^nf\- 
 ence of officers sends with this a full report on the character and conduct of ..the 
 convict. If the commission for supervision finds that improvement of the convict 
 has been secured and that the other conditions of release have been met, then i^"~ — 
 sends a report and application to the department of justice (Justizdirettion) , which 
 renders a decision. If the prisioner is unable to procure employment or support 
 then the director places himself in communication with the central committee of^the 
 society for aiding prisoners (Schutzaussichtsverein) in order to obtain employment 
 and support for the prisoner. 
 
 §103. The conditionally released man receives a certificate which is given out by 
 the department of justice and police. * * * He is required to present himself 
 monthly, on a specified day, before a communal official at his place of residence and 
 give evidence of good conduct. This must be indorsed on the certificate, which the 
 man must keep with him. 
 
 § 104. The released person must give notice to the communal official of any change 
 in residence. If he wishes to go outside the canton he must secure permission of 
 the police authorities. 
 
 § 105. The police supervision must be exercised in such a way as to avoid making 
 it more difficult for the person to secure employment. 
 
 § 106. The person so released will be kept under control by the police. 
 
 § 107. If the person violate the terms of his parole the communal official will warn 
 him. 
 
 § 108. If the warning is fruitless the released man may, upon a proposal of the 
 State's attorney, be recalled to serve the remainder of his sentence. The same result 
 follows if: (a) he wanders about without working, or if there is good ground for 
 believing that he does not secure his living in an honorable way; (6) if he associates 
 with improper persons and refuses to heed advice to break off connections with them; 
 (c) if he otherwise is reckless and refuses to heed advice. 
 
 § 109. Aliens, after serving two-thirds of their term, at least one year, if they have 
 improved, may send to the court by the director a petition for a modification of their 
 sentence {§ 16 of the Penal Code). The commission for supervision approves the 
 petition after hearing the conference of officers. 
 
 HOLLAND. 
 
 BEGTIIiATIGlirS OF THE PENAL SYSTEM OF HOLLAND. 
 
 [Sources: Reports of M. Pols and M. Van Der Aa, in Actes du Congrfis P6uitentiaire International, 
 1890, Vol. V, p. 592; and 1900, Vol. IV, p. 621.] 
 
 Okqanization and Administkation. 
 
 The outUnes of the present system of penal institutions was fixed by the Penal 
 Code of 1886. There are two classeg of onenses — crimes and contraventions. The 
 Penal Code recognizes three grades of punishment involving deprivation of liberty: 
 Imprisonment, detention, and confinement in a workhouse. The workhouse penalty 
 is an accessory penalty, used to supplement fines and detention, and is applied to 
 drunkards, beggars, and vagabonds. Detention is applied to minor offenses and to 
 misdemeanors not intentional, imprisonment to serious crimes, and fines are used in 
 connection with misdemeanors and minor offenses. If a fine is not paid, detention 
 is substituted for it. Imprisonment may be for life, or for a period not exceeding 
 fifteen years. For recidivism and certain other serious aggravating facts the term of 
 imprisonment may be extended one-third. 
 
 The detention of vagabonds and drunkards in workhouses is from three months 
 to three years, and the term is served in common (congregate method). Prisoners 
 under detention also serve in common, but may request isolation. Such requests are 
 rare. In 1898 there were only 68 out of 7,000 convicted. Imprisonment for five years 
 or less is served entirely in a separate cell, and only the first five years of longer 
 terms. At the request of a convict he may serve all or part of his sentence, after 
 five years, in a cell, but in 1898 only 5 out of 1 , 181 made such request. From the cell- 
 ular treatment are excluded those who are declared by medical men ohysically unfit 
 for it, and also youths under 14 and old persons over 60. Prisoners who spend the 
 day in common are in separate cells at night. 
 
102 MODERN PRISON SYSTEMS. 
 
 General administration. — ^By royal order of 1886 a set of regulations for penal 
 establishments was published. All penitentiary establishmente, including the houses 
 of correctional education, depend directly upon the Government. The minister of 
 justice is the supreme authority, and responsible to him is the inspector-general and 
 a referendary. The inspector-general is in general charge, and also attends to legis- 
 lation, organization of the service, and representation of the Government, while the 
 referendary has charge of the administration directly, and especially of accounts. 
 There are two assistants in the work of inspection. 
 
 At each place where there is a prison or several prisons there is an administrative 
 commission placed in authority over the direction of the institution. These com- 
 missions are composed of from 3 to 15 members, according to the importance of the 
 establishment and local circumstances. The members are, notable persons of the 
 locality, nominated by the ministry of justice and appointed by the Crown. They 
 have no salary, except the secretary, although they are allowed a certain indemnitj. 
 The magistrates are represented. In addition to duties on this commission, magis- 
 trates are required by the Code of Criminal Instructions to visit the penal establish- 
 ments from time to time, examine the lists of prisoners, and see that none are 
 confined illegally. 
 
 Under the chief inspector of penal administration there is placed an oflBcer who 
 administers the industries of the establishment, subject to the ministry. 
 
 A commission of aid and counsel for the industrial affairs of the prisons is appointed 
 by the ministry of justice. It is composed of seven members, representing commerce, 
 industry, and labor. Service is unpaid. It hears complaints in respect to injury 
 done to free labor by prison labor and gives counsel in respect to prison industries. 
 
 The corps of officers in penal establishments. — The corps of house officials is 
 divided into classes and ranks whose names indicate their duties: 
 
 (1) The direction, comprehending directors, deputy directors, in three ranks, and 
 jailers; (2) administration, including bookkeepers, accountants, storekeepers (two 
 ranks), recorders, and clerks; (3) guards, in ranks; (4) industry, including foremen 
 and their assistants; (5) housekeeping service, including machinists, cooks, etc.; 
 (6) instruction, including teachers (two ranks). On account of their special func- 
 tions the religious officers and physicians do not belong in the hierarchy of the 
 service. 
 
 There is no difference of rank and salary among employees of the same title and 
 rank in various establishments. The higher ranks are found only in the more impor- 
 tant estabhshmeuts, and the small establishments do not require officers of all classes. 
 The salaries of chiefs are divided into seven classes according to the size of the prison. 
 Chiefs of the first four classes bear the title of director; those of the lower three 
 classes are called jailers. Women chiefs are called directresses. 
 
 The chiefs are appointed by the Crown on the nomination of the ministry of jus- 
 tice; the other officers by the ministry, after hearing the administrative commission. 
 There is no fixed term of office. It is thought that 60 years for guards and 65 years 
 for other officers should be the proper age for retiring from service. Iiegally, guards 
 are required to retire at 65 years of age and others at 70 at the latest. 
 
 All officers have right to a pension when they retire, either on account of age or 
 infirmity. The rate is two-thirds of salary for those who have been injured in the 
 service, and for others it is reckoned according to the years of service. Ordinarily, 
 one must serve ten years before he gains right to pension. 
 
 Political influences have nothing to do with appointments or promotions. The 
 superior administration acts upon the rule that those who enter the penitentiary 
 service must begin at the lower posts and advance by promotion. Candidates sub- 
 mit to a medical examination and to a probation of at least one year. Advance- 
 ment is gained by proofs of capacity and aptitude, account being taken of seniority 
 in service. Salaries rise with rank and term of service. 
 
 There are no special schools to prepare officers. Professional education and train- 
 ing is secured by following the instructions of the director, who is charged with the 
 duty of caring_ for the education of officers. There is doubt in many minds whether 
 this method is adequate. Guards are trained during the winter in some of the 
 larger prisons. 
 
 Reception of Peisonbes. 
 
 Rules or Conduct. 
 
 [On these two topics the materials do not give separate information, but some 
 facts are found under the head of "Organization and administration," and subsequent 
 headings.] 
 
MODEEN PEISON SYSTEMS. 103 
 
 Disciplinary Measures. 
 
 The disciplinary r%ime in prisons and workhouses of the State have no system of 
 rewards in the proper sense, although rewards are not entirely wanting. Discipline 
 is maintained for the most part by means of punishments, when good counsels have 
 not produced their effect. The scale of punishments authorized by the law of 1886 
 is as follows: (1) Deprivation of work, exercise outdoors, reading, visits, correspond- 
 ence, canteen, etc. (the deprivation of exercise may not be continued longer than 
 one week); (2) bread and water diet, not longer than four weeks at once; if it is 
 used more than two days the ordinary diet must alternate ; ( 3 ) confinement in a cell, 
 six months at most; (4) punishment cell, four weeks at most; (5) placing in irons, 
 four weeks at most; (6) dark cell, forty-eight hours at the highest. 
 
 Several of these punishments may be inflicted simultaneously. The second is 
 often added to the last four. In the workhouse of Veenhuizen it is a punishment to 
 be transferred to the establishment at Hoorn. In the special prison at Leeuwarden, 
 set apart for convicts under sentence for more than five years, corporal punishment 
 with a rod may be employed. Thus far this penalty has not been used, and it is 
 contrary to the spirit of our penal administration. 
 
 The division into classes of congregate prisoners is a disciplinary measure, since 
 one of the three classes is reserved for prisoners whose conduct is habitually bad and 
 for those who commit grave offenses. The second class is composed of those who 
 have before served terms of more than one year. The third class includes those 
 who do not belong to the second class and have not been placed in the first. 
 
 Each of thfe three establishments at Veenhuizen has its council of discipline, com- 
 posed of the director as chairman and of certain officers, who sit once or twice a 
 week to consider offenses and pass judgment. In the other establishments the pun- 
 ishments are assigned by the chief of the establishment, with the concurrence of the 
 president of the administrative commission, with the exception of grave punish- 
 ments, which are inflicted by the commission itself. In this connection we consider 
 only infractions of regulations and general discipline; acts punishable under the penal 
 code are presented by the director to the proper judicial authorities for prosecution. 
 
 There are certain unofficial rewards which the officers can use to encourage good 
 conduct. Thus the appointment to domestic service is desired, because it is a more 
 agreeable occupation and has higher rewards. The reduction of the term of sentence 
 is an official reward. It is granted by the Crown on the proposal of the ministry of 
 justice. The lists of candidates may not exceed the tenth of the population in one 
 yeax, nor include convicts on sentences less than two years. A reduction of three 
 months is considered enough for a reward of good conduct and application to work 
 during one year, and this reduction may count on each year of the individual term. 
 Although they have another character and purpose, the act of grace and conditional 
 release, which are based on conduct in the prison, are often considered by convicts 
 as a reward, and produce the same effects. Grace is accorded by the Crown on 
 advice of the ministry of justice, the ministry securing the advice of the tribunal 
 which pronounced the sentence and of the administrative commission of the prison 
 where the convicts are confined. Conditional liberation is pronounced by the min- 
 istry of justice, and may be granted only to those who have served three-quarters of 
 their term, at least three years, and who, on going out, are able to support themselves. 
 
 Organization of Industry. 
 
 The penitentiary system of the Netherlands knows nothing of penal labor, and 
 recognizes only useful work. The convicts are required to work. Labor is imposed 
 on them. Prisoners in "detention " may choose the form of work, if it is not incon- 
 sistent with the order of the prison. Rarely does a prisoner avail himself of the 
 choice. Hand work is remunerated at a rate fixed by the central administration for 
 each industry and for domestic service. In the prisons the normal rate is 15 cents 
 (0.30 franc), or 6 cents United States money, per day. It rises to 20 cents in some 
 industries, and even to 25 cents in exceptional cases of efficiency. In the workhouses 
 the rates are lower. In the branches conducted under contracts the contractor pays 
 higher rates, the surplus going to the State. Part of the hand work is leased to 
 contractors and part is employed on State account, and the products used for insti- 
 tutions of the State. The system preferred is State account. This system avoids 
 conflict of the interests of the contractors with those of the prison discipline; it 
 removes external factors from discipline; it makes possible a rational penological 
 plan of stimulating the prisoners to think of labor as their advantage and duty, and 
 it increases the chance of imparting professional instruction. It also reduces the 
 injury to free labor. Evidently the hand work of prisoners diminishes the sum of 
 
104 MODERN PRISON SYSTEMS. 
 
 work in particular industries, but the evil does not lie there, for the prisoners if free 
 would do the same work on their own account. It is the advantage of the system of 
 State account that it does not throw its products on the general market and lower 
 the prices of articles nor the wages of workmen. 
 
 It is not possible to compare the gross expenses with the product of labor, because 
 the data are not exact. But it is reasonable to think that the income is not sufficient 
 to pay the total expenses of the establishments, nor even for the maintenance of the 
 prisoners. The chief point to consider is the relation of the labor to the punishment, 
 although the financial side is worthy of serious consideration at every point. 
 
 Care of Health. 
 
 Sanitary conditions. — Outside the houses of arrest the. prisoners are under the 
 care of a physician. The houses of arrest, being used merely for short sentences of 
 a few days, have no physicians. If necessity arises a local physician is called in. 
 Physicians may also have outside practice. Military surgeons, either in active serv- 
 ice or retired, are given the preference. The general inspectors of asylums for the 
 insane are required occasionally to visit the prisons. In the large establishments 
 there are infirmaries and liead nurses; in the small prisons cells or rooms are set 
 apart for the sick. Where the disease is serious or contagious the prisoner may be 
 removed to a hospital for treatment at cost of the state. In case of insanity the 
 prisoner is removed to a state asylum. This transfer does not imply suspension of 
 the sentence; the person is supposed still to be serving his term. 
 
 The diet of the sick is prescribed by the physician, according to the case, and the 
 physician enjoys discretionary powers. 
 
 The dietary of sound men is: In the morning, 400 grams of rye bread, 60 grams 
 milk, 240 grams hot water; at noon, twice a week, a soup. (400 grams green peas, 25 
 grams fat, 40 grams vegetables); twice a week, a portion (1,250 grams potatoes, 250 
 grams vegetables, 25 grams fat) ; once a week, bouillon ( 700 grams beef, 15 grams 
 fat, 160 grams gruel, 50 grams vegetables); once a week, beans and lard (450 grams 
 beans, 30 grams lard); once a week, gruel (300 grams gruel, 35 grams fat); in the 
 evening, 250 grams rye bread, 5 grams coffee, 1 gram chicory, with 50 grams milk to 
 200 grams hot water. On the advice of a physician wheat may be substituted for 
 rye bread. Prisoners in detention and imprisonment are on bread and water diet at 
 the beginning of their confinement for two days. 
 
 Supplementary food is permitted: Eye bread, wheat bread, butter, margarine, 
 coffee, salt. The cantine supplies to prisoners on terms over a year and at heavy 
 work, additional articles, as eggs, salt herring, cheese, milk. Smoking tobacco and 
 snuff may be bought by prisoners from the cantine at Leeuwarden, if they have 
 already served five years; and also in the workhouse at Hoorn and Veenhuizen. 
 But tobacco may not be used in halls. Articles are sold three times a week, and 
 payments are made out of funds to the credit of prisoners. In the establishments of 
 correctional education there is no cantine. 
 
 The structure and management of the prisons have as much regard as possible to 
 hygienic conditions. Ventilation is through windows and dudte, but there is no 
 forced ventilation. One difficulty is to avoid communication between prisoners 
 through ventilating ducts. This problem is not yet solved. 
 
 Especial attention is given to cleanliness. Prisoners must clean their cells. Pris- 
 oners admitted to the house service clean corridors and halls. Clothing is cleaned 
 and disinfected when necessary. Convicts on terms of more than three months 
 must wear the uniform, and others, if not provided with their own clothing, are given 
 the same uniform. Underclothing and bedding are changed as required. At the 
 time of admission each prisoner takes a bath. Afterwards he takes a footbath once 
 in two weeks and a complete bath once a month. 
 
 For some years there has been no epidemic in the prisons. The most frequent 
 diseases are those of the respiratory and digestive organs, and those due to the 
 immoral lives of men previous to imprisonment. 
 
 Education. 
 
 The direct means employed for influencing conduct and character are religion, 
 instruction, and visits. The cell is far better for the working of such agencies than 
 common life. The effort to improve men is concentrated on prisoners in cells and 
 on relatively long terms. It goes without saying that short terms offer few oppor- 
 tunities for ameliorating labors, and that the best one can do for men in congregate 
 life is to prevent as much as possible their corrupting each other. 
 
^ MODEKN PRISON 8Y8TEM8. 105 
 
 With the exception of houses of arrest in the large places, which are for short terms, 
 a Protestant pastor, a Catholic priest, and a Jewish rabbi are appointed from the 
 neighborhood for religious services. The workhouses at Veenhuizen have two Prot- 
 estant ministers and one Catholic priest, who have no outside duties. On Sundays 
 and holidays there is public service for the Protestants and mass for the Catholics, 
 if there are prisoners of this faith. In the workhouse at Hoorn there is a service for 
 the Jews each week and on sacred days; but in other establishments there are too 
 few of this faith for a service. Attendance is required of all prisoners, unless they 
 are excused or forbidden by the administrative authorities. Ministers of each faith are 
 required to visit the prisoners. These visits are designed not only to carry religious 
 consolation, but also moral influence. 
 
 At the same time the literary instruction aims not only to increase the knowledge, 
 but also to develop the moral sense of convicts. In the hands of a teacher who 
 regards his task in this light the instruction becomes an instrument of reform of high 
 value. 
 
 Members of the administrative commissions visit the prisoners in turn and from 
 time to time. In the large prisons the director is required to visit a number of pris- 
 oners each day, and he may call his deputy to assist him. In small establishments 
 the director is to visit all prisoners every day. In addition, the prisoners are visited 
 by the guards and foremen of the industries. In workhouses the chief comes into 
 contact with the prisoners by visits and by calling individuals to his office. 
 
 Prisoners are permitted to receive visits from members of their families twice a 
 month and to send and receive letters. The aim is to conserve the social bonds. 
 Where there is a patronage society its members are permitted to visit prisoners iu 
 their cells and work for their moral improvement. Generally these visits are appre- 
 ciated. 
 
 In the large prisons and workhouses instruction is imparted by teachers, the number 
 varying from one to four, according to the size of the population. These teachers 
 form part of the corps of officers. In small local prisons instruction is given by 
 teachers of the town called in for the purpose. Generally there are no teachers for 
 the houses of arrest. All illiterate prisoners under sentence for more than three 
 months and under 40 years of age receive instruction under requirement of law. 
 Those who have elementary education or have passed 40 years of age receive instruc- 
 tion only upon their request. The required instruction is essentially the same as that 
 in the public schools — reading, writing, and arithmetic. Other matters may be added. 
 The superior administration may authorize instruction in manual and trade training 
 as well as in drawing and modem languages. In cellular prisons the convicts are 
 taught in their cells, while in the congregate prisons and workhouses they are taught 
 in a schoolroom. Each establishment has a library for the use of all prisoners and 
 special books for persons of different confessions. The teacher has charge of the 
 library and the distribution of books, which occurs once a week. Beading is per- 
 mitted on Sundays and holidays, and on other days at times not occupied by domestic 
 or other work. 
 
 Correctional schools for juvenile delinquents. — These establishments belong 
 to the educational system of the state. They are designed for children under 16 
 years of age who have been guilty of criminal acts, and the maximum age is 18. 
 There are four establishments of this kind, one of these for girls. They all form 
 part of the administration of prisons. The general prison regulations apply to 
 them, except where special rules are needed for youth. They aim at moral reform 
 and preparation for practical life. Instruction and technical training are carefully 
 organized. 
 
 Discharged Prisoners. 
 
 The Society of the Netherlands for the Moral Amelioration of Prisoners is devoted 
 to the care of released convicts. It was established in 1823. In the course of its 
 existence it has exerted a great influence on the development of the prison system. 
 It has given special attention to instruction and religious help, and that at a time 
 when these matters were regarded by the Government as mere accessories and were 
 not treated in a manner worthy of their importance. They have rendered valuable 
 aid to young offenders. It has several local branches, all under a central bureau, so 
 that it is made up of a federation of societies, all working under one regulation for a 
 common purpose, and directed from a central office. The statutes of the society 
 express its purpose — in the prisons to uplift the prisoners, and outside to aid those 
 discharged, and especially to protect the young offenders. There are cooperating 
 societies for helping children exposed to moral perils. The Salvation Army also 
 renders aid. A Society for the Christian Treatment of Mendicants and Vagabonds 
 is active in furnishing asylum and industrial training to persons of the class indicated 
 in the title. 
 
106 MODEKN PRISON SYSTEMS. 
 
 DENMARK. 
 
 [Sources: Organization of Prisona in Denmark, by Mr. Karl Goos, secretary of the director-general of 
 prisons in Denmark; Aetes du Congr^s Pfeltentiaire International, 1900, p. 377. Ibid., 1895.] 
 
 GENERAL ORGANIZATIOIT. 
 
 The prisons are placed under the supervision of the minister of justice as the supe- 
 rior authority. The immediate general administration of prisons is in the hands of 
 the director-general of prisons residing at Copenhagen. With responsibility to the 
 ministry of justice, he supervises and directs the penitentiary system of the country. 
 The state prisons are directly under the director-general. The houses of detention 
 and the workhouses are, on the contrary, communal institutions. Communal author- 
 ities decide all questions of labor and finance, although the director-general must see 
 that the law relating to such institutions (the law of 1846) is carried out. The recent 
 acts of legislature increase the strictness of state control over these local establish- 
 ments. In consequence, the buildings have been improved and the organization made 
 to conform to modern ideas. Workhouses have also been rebuilt and their methods 
 reformed. 
 
 At the head of each of the three penitentiaries of the state there are placed a director 
 and a pastor, both named by the King. Other ofl&cers are bookkeeper, cashier, and 
 manager of work, deputy director, physician, two teachers, one teacher for women, 
 two or three clerks, and a chief of guards. All these officers are nominated by the 
 director-general of prisons, and all oflScers hold place until they are transferred to 
 another, or until they retire for old age or other reason. Inferior officers and employees 
 are also provided as necessary. They are nominated by the director, and may be dis- 
 missed on fifteen days' notice. Political considerations do not influence appointments 
 of officers and employees. 
 
 As a condition for being appointed director one must not only have the higher 
 education, but also special knowledge of prison affairs. The pastor must have the 
 qualities required of all pastors of the Danish national church. In the appointment of 
 the deputy director it is considered that he must be competent to perform the duties 
 of the director in his absence. Other officers are not examined, but their previous 
 education and positions determine the case. Bookkeepers are chosen from among 
 the clerks who have in their positions come to know the administration of accounts 
 and records. Clerks must have such previous education that they will be able to 
 supply the place of the bookkeeper. Chief guards are selected from among subordi- 
 nate officers and artisans who have suitable training. In the prison for women most 
 of the officers are women of the middle class who have passed an examination to 
 prove that they have suitable education. 
 
 The director has immediate responsibility for the administration of the prison and 
 the execution of the penalty. He is over all officers and may inflict upon them disci- 
 plinary punishments. The pastor conducts worship and is responsible for the religious 
 care of prisoners. His parish includes not only the prisoners but the oflScials. 
 He has charge of the library and, with the director, selects the books. The physician 
 gives attention to the sick and has charge of sanitary arrangements of the establish- 
 ment. Physicians with a knowledge of mental diseases are preferred for the position. 
 The bookkeeper and cashier are responsible for the funds and accounts. The book- 
 keeper is also in charge of the industries, and the cashier directs the household affairs 
 and cares for the furniture. The deputy director assists the director in the adminis- 
 tration of the penitentiary and acts as representative of the director in his absence. 
 The clerks assist the superior officers. The teachers, who must have the qualifica- 
 tions of primary-school teachers, direct instruction of inmates and assist at worship 
 as organists and singers of the church. The chief of guards and his subordinates have 
 charge of order; they also assist in directing work. There is no special school for the 
 training of officers, such schools not being thought necessary. 
 
 Reception of Prisoners. 
 
 Penalties depri i^ing convicts of liberty are served under the Penal Code of Den- 
 mark at hard labor in penitentiaries or in imprisonment. The former includes 
 convict prisons and cells of correction. Also one finds compulsory labor in a work- 
 house. Hard-labor sentences are served in penitentiaries or cells of correction. In 
 the former the prisoners are in common life, but the cells of correction usually pro- 
 vide for separation. Persons condemned to hard labor in a house of correction are 
 
MODERIir PRISON SYSTEMS. 107 
 
 not treated in common unless the state of their physical and mental health or other 
 considerations render the cellular treatment inadvisable. The duration of hard labor 
 extends from two to sixteen years (exceptionally twenty- four years), or for life if in 
 a house of hard labor; in a house oi correction the term is from eight months to six 
 jrears. If the latter terra is served in a cell, the law provides for a reduction of the 
 time. With the exception of the state prison, which is reserved for special crimes, 
 the penalties of imprisonment deprive of liberty for a short period without obliga- 
 tion to labor; and the term is from two days to two years (exceptionally three years), 
 rarely over six months; and some of these penalties imply a reduction of diet — that 
 is, ordinary prison food, or even bread and water diet. Hard labor is also inflicted 
 in a workhouse up to six months. As the name indicates there is a requirement of 
 labor; this is for mendicants, vagabonds, and vicious women. 
 
 Prisoners at hard labor are under the rule of the progressive system. According 
 to the royal ordinance of 1873 hard labor has three stages: the preparatory stage, 
 the coercive stage, and the intermediary stage, to which may be added a fourth 
 stage, that of conditional liberation, during w^hich the prisoner is out of the estab- 
 lishment, but under police control. If he does not conform to the rules, he is brought 
 back to prison without a new trial. There are detailed rules for the various stages 
 in the treatment by cellular separation. The progressive system is not adapted to 
 the penalties of short duration. In workhouses the penalty is kept severe and with- 
 out mitigation. 
 
 Disciplinary Meashees. 
 
 According to the system under consideration the principal effort is expended on 
 reforming the prisoner and training him to obedience to law. Indirect measures 
 employed are instruction in work, teaching him his trade; while direct means are 
 also employed, as moral and religious influences, admonitions, reprimands, and 
 punishments. The fear of disagreeable consequence or disobedience is appealed to 
 as a motive, but the discipline seeks to inspire nobler motives for good conduct. 
 Efforts are made to arouse courage and sustain hope. The prison system itself tends 
 to react against discouragement, since it keeps before the prisoner the hope of 
 advance in the progressive system. The rewards used are not regarded as means of 
 maintaining order, yet they act to that end. The diminution of privileges in this 
 syptem is an aid to discipline. 
 
 The direct measures for maintaining order are rather preventive in character, such 
 as the change of work, isolated walking in the yards, separate stalls at church and 
 in school, rigid watchiag, or even punishments. 
 
 The punishments prescribed by law are: Placing in u. cell of punishment for a 
 limited time, sometimes made more irksome by deprivation of light or bed, or by 
 bread and water diet (three times in five days) ; deprivation of work for four weeks; 
 corporal chastisements up to eighteen strokes of a rod (for children under 15 years) ; 
 eighteen strokes of a strap for females over 15 years and males between 15 and 18; 
 and twenty-seven strokes with a cat-o'-nine-tails or strap for males over 18 years. 
 Corporal punishments are employed only with young offenders or with those whose 
 disciplinary acts are unusually vicious. For many years women have not thus been 
 punished. 
 
 Organization of Industry. 
 
 In the Danish penitentiaries no particular penal labor is imposed either as punish- 
 ment for discipline or as an aggravation of penalties for special crimes, or for any. 
 other reason. All work is, if not productive, at least useful. All useless labor 
 imposed on prisoners to punish them by its monotony or unusual fatigue is thought 
 to be incompatible with the purpose of a penitentiary. The work is in part indus- 
 trial and in part domestic. Gardening or agriculture is sometimes employed. In 
 the cellular prisons there are as many manual trades as possible, and the effort is 
 made to give each prisoner labor suited to his habits, or, if this is impracticable, each 
 one is taught some branch which is easy to learn. Most of the prisoners are hired 
 to contractors who furnish materials and direct the process of manufacture, but are 
 themselves subject to the discipline of the establishment. All details of contracts 
 are carefully stipulated in advance. Prisoners not contracted are employed at domes- 
 tic labors or on state account, making articles to be used in the prison. Young 
 offenders (under 18) are employed at gardening; 
 
 The oreanization ordinarily adopted, that of contract, is the system to be pre- 
 ferred, ft is impossible for the director and staff, if they attend to the duty of 
 improving the character of the prisoners, to give adequate attention to the process of 
 industry and the marketing of products. At the same time part of the prisoners are 
 
108 MODERN PRISON SYSTEMS. 
 
 employed on state account, so that the officers can have experience enough to know 
 whether the men on contract are doing a proper amount of work, and will be able 
 to conduct a branch for which contractors are not found. The product of industries 
 pays at one establishment one-ninth, at a second one-fifth, and at a third one-seventh 
 of the expenses. 
 
 The penalty of incarceration does not include the obligation to work. (This 
 means in local prisons with short sentences. ) In the houses for arrest work is fur- 
 nished if desired, but in the smaller houses it is difficult to procure employment. 
 
 In the workhouses the state-account plan prevails, and the product is often suffi- 
 cient to pay expenses, the expenses being small. 
 
 Cake of Health. 
 
 Recent changes have been made in the structure of state prisons to make them 
 conform to modern requirements. 
 
 Dietary. — A dietary for all the prisons was introduced in 1890. On the basis of 
 modern physiology the food is furnished which contains all the necessary elements 
 in right proportions. Formerly the prisoners were permitted to spend half their 
 funds on extra food, but this privilege has been abolished. The physician may pre- 
 scribe a special diet for sick prisoners or those who require more food than the rule 
 permits. Since 1898, in place of horse meat, beef has been supplied and the diet 
 made more light. No diet was prescribed for the local prisons (jails) until recently, 
 but now the ministry of justice has issued orders requiring that food be conformed 
 to the requirements of physiology. 
 
 Of late years much more attention has been paid to ventilation, and changes are 
 made to meet the demands of modern knowledge. The rules relating to cleanliness 
 of person and room are very strict and rigidly enforced. The prisoners are required 
 to bathe once a month at least, the women more frequently, and any person when 
 the physician prescribes it. The shirt, stockings, and handkerchief are changed once 
 a week. Neckcloths, imder vests, drawers, and aprons are changed every fortnight, 
 and the woolen garments once in four weeks. Outer garments are washed and aired 
 before passing from one prisoner to another. Prisoners are furnished soap and 
 combs. Clothing suspected of not being clean is disinfected. The prisoners do all 
 the work of cleaning the prison. Sanitary conditions are generally excellent, and 
 epidemics are almost unknown. 
 
 Among the diseases requiring the aid of a physician, the most frequent are those 
 involving the digestive organs. This is especially true of those in isolated cells. 
 These diseases arise from the fact that the food is not varied as much as is desirable, 
 and it is difficult to digest. Most of the diseases are due to bad habits of prisoners 
 outside of the prison or to morbid conditions. Many of the prisoners have been 
 badly fed and carry the marks of poverty and misery. Often they are scrofulous 
 from infancy. Most of them gain in weight and energy. Some it is impossible to 
 build up, and they fall victims to consumption or leave the establishment as feeble 
 as they entered it. Men often bear the marks of habits of drunkenness. For a part 
 of the alcoholic prisoners the prison serves as an inebriate hospital, and if the evil 
 is not inveterate they soon recover, and in many instances the abstinence is pro- 
 longed after liberation. But many are so thoroughly poisoned by alcohol that they 
 have lost the power of resistance, and their digestive tract is inflamed, and often 
 these are subject to mental maladies. 
 
 Surgical cases are usually due to accidents connected with work. Women are often 
 troubled by abdominal maladies peculiar to their sex. Occasionally there are cases 
 of confinement. Mothers may keep their infants until these are 1 year old. 
 
 Insane prisoners are not treated in prisons unless their troubles are slight and 
 transient. Others are transferred to asylums for the insane. Ordinarily these are 
 persons young and degenerate who by reason of their extraction develop the disease; 
 but there are also older persons, enervated by drink and debauch, who are attacked, 
 especially if they are treated in separate cells. Apart from persons unmistakably 
 insane, one always finds in the prisons some of doubtful condition, not only epilep- 
 tics, but also those of feeble mental power, who require the attention of the physician. 
 In each prison there is an infirmary for the treatment of the sick. Only when 
 operations are important or the person is seriously insane is anyone transferred to a 
 hospital or treated at the expense of the establishment. 
 
 Education. 
 
 In the i)enitentiaries, where the long duration of the penalty and the diversity of 
 means which are available for exercising moral influence on the prisoner are greater 
 than in the houses of arrest and detention, it is made the duty of sul officers (director, 
 
MODERN PRISON SYSTEMS. 109 
 
 priest, physician, deputy director, bookkeeper, cashier, schoolmaster, and chief gar- 
 dener) to seek to influence the moral conduct of prisoners by conversation. These 
 visits are, especially in the cellular prisons, of the highest value in suggesting advice. 
 In the prisons where the men are treated in common, these personal ettorts do not 
 play so large a r61e, although there also the attempt is made to study the individual 
 character of each prisoner and to treat him in the most rational manner. It is sought 
 in the congregate prisons to arrange the prisoners in divisions in such a way as to 
 prevent vicious influences from corrupting men, and especially to keep recidivists 
 from contact with young offenders from whom improvement is expected. Work, 
 visits of officers, instruction and worship, good books, all cooperate in exercising a 
 moralizing influence. In order to secure detailed information about the prisoners, 
 and to avoid subjecting them to unsuitable treatment, the officers meet once a week 
 to discuss the conduct of prisoners, and each person makes his observations for the 
 benefit of all. 
 
 On each Sunday and holiday there is divine service, and the prisoners are ordinarily 
 required to attend. Interesting and instructive lectures are given them Sunday 
 afternoon. Each prison has a library. 
 
 The principle is observed of preventing communication with the outside world, 
 and officers are charged with enforcing moral hygiene in this direction. Strangers 
 are not generally admitted inside the prison to work for the moral improvement of 
 prisoners. Near relatives are excepted from this rule, and have permission, under 
 the rules of discipline, to converse with the men and write to them at intervals. 
 Voluntary visitors are rarely permitted to talk with the men. Those who desire to 
 urge temperance or religion must give evidence that they possess the proper qualifi- 
 cations for such work, and they are permitted to see only such persons as the director 
 may designate. 
 
 In the local prisons, where sentences are short and means of influence more 
 restricted, the privation of liberty must itself serve for improvement. Other moral 
 infiuences under such circumstances are of smaller importance. Prisoners are 
 usually left to the care of jailers who, as a rule, do not possess the qualities which 
 fit them for exerting moral influence. It would be helpful it the police officials, as 
 inspectors, should interest themselves in this part of the task and try to converse 
 with prisoners in their cells. During recent years pastors have been charged with 
 the duty of fostering the spiritual interests of prisoners, and in many cases with 
 useful results. Copenhagen and several other cities having large "houses of arrest" 
 possess a special priest, the worship is in common, and the prisoners are not required 
 to attend. 
 
 Most of the prisoners are able to read and write at the time of their incarceration. 
 In penitentiaries prisoners receive instruction from teachers devoted to this work, 
 and are taught in their cells or in schools according to the regulations. The subjects 
 are those of the primary schools, religion being taught only to females, while those 
 especially who desire to emigrate are helped to acquire foreign languages. In each 
 penitentiary is a library containing religious books and others which are instructive 
 or entertaining. Instruction usually produces good results. 
 
 In the "houses of arrest" and detention no regular instruction is" given, but libraries 
 are furnished. In each cell is placed a New Testament, a psalter, and a book of 
 prayers. 
 
 DiSCHAKGED PRISONERS. 
 
 There are in Denmark seven societies of patronage, one for each of the three State 
 prisons and the others found in various places. AH the societies have a common 
 office in Copenhagen, whose principal object is to procure employment for released 
 prisoners and watch over those placed. The society of Copenhagen has a special 
 house of refuge for liberated prisoners where they may reside until places are found 
 for them. There are rooms for eight women. Each society has its own officers and 
 rules, but there is also a general administration of all. This has its headquarters at 
 Copenhagen and has for its purpose to serve as a medium of communication between 
 the societies and the State legislature and administration, and to aid the several 
 societies. 
 
 The societies give special help at the critical time immediately after discharge. 
 The method varies with cases; some are apprenticed to trades, some secured employ- 
 ment, some furnished with clothing or tools, others are assisted to travel. All 
 societies avoid giving aid in money, if possible. 
 
 It goes without saying that the societies are sometimes aeceived, but unquestion- 
 ably many persons owe their salvation and restoration to society to these activities. 
 It is impossible to secure statistics, because the persons aided try to free themselves 
 from the society as soon aa they can do so. 
 
110 MODERN PRISON SYSTEMS. 
 
 There is another society for youthful female prisoners at Copenhagen. It has 
 asylum for 25 girls, who pay a small sum for their maintenance. They are under 
 care two or three years, are taught domestic work, and secured places. 
 
 There is also a society at Copenhagen for helping men condemned to hard labor 
 for the first time. The members pledge themselves to aid the men to secure work 
 and to give them personal attention. 
 
 Another society seeks to save children who are inorally in peril or already con- 
 demned. They lay special emphasis on Christian influences and try to place the 
 children in suitable families. 
 
 NORWAY. 
 
 [Sources: Actes dxi Congrfes P6nitentiaire International de Bruxelles, 1900. Vol. IV, pp. 555-620. 
 MiSmoire pr68ent6 par M. F. Noxen, secretaire g€n6ral an ministfere de la justice.] 
 
 ADMINISTRATIVE OBGAUIZATION. 
 
 Provisions of Penal Code. — The present Penal Code was approved August 20, 
 1842, but it has been amended since that time. The ordinary penalties which may 
 be inflicted are the death penalty, reclusion, imprisonment, fines. The death pen- 
 alty has rarely been inflicted in recent times, being replaced by reclusion. 
 
 Central administration. — After long discussion and many delays the national 
 legislature established a central administration in 1875, and important improvements 
 followed this measure. The superior official is the minister of justice, with a special 
 section for the general administration of prisons in his bureau, and over it the secre- 
 tary-general, who reports to the minister, but retains some independent powers. 
 
 System of Penal Institutions. 
 
 Beclusion (penitentiaries. State prisons for grave crimes). — Reclusion may be 
 inflicted for life or for a limited term. In the latter case there are five degrees, with 
 terms varying from six months to fifteen years. Cumulative sentences for eighteen 
 years may be applied to recidivists. There are four establishments for reclusion in 
 Norway — three for men and one for women. 
 
 The director is head of the establishment. He is responsible for the execution of 
 the sentence, the administration of the prison, the order and discipline of the house, 
 and for money spent in all departments. He is assisted by the inspector, who takes 
 his place in his absence, and to whom the officers report. The steward makes nec- 
 essary purchases, and administers provisions, materials, products of work, etc. The 
 cashier is responsible for the funds and accounts, so far as they are not under the 
 steward. The superintendent of industry directs the work, having guards for direct 
 supervision. The chaplain gives religious instruction to prisoners, and has charge 
 of the school and of instruction. The j)hysician attends the sick, and advises meas- 
 ures for preventing disease and maintaining the health of convicts. He is particularly 
 bound to observe the effect of solitary confinement and certain disciplinary penalties. 
 He examines the physical condition of each convict upon admission and reports to 
 the director. 
 
 Conference of officers. — In order to promote efficient cooperation and instruct 
 the convicts, the higher officers meet once a week to deliberate upon the different 
 questions relating to the establishment, especially in all matters which affect the 
 convicts, their conduct, and their industry. At the penitentiary of Aakeberg there 
 is a commission of supervision. 
 
 The director and chaplain are named by the King, the other officers by the min- 
 ister of justice, or by the director. All may be removed. But, except in case of misde- 
 meanors, the right to remove is never exercised. When the officers do not request 
 to be relieved they remain in service as long as they are well. 
 
 Becruiting the service. — There is no special rule. There are no special schools 
 for the preparation of employees. Political influences rarely affect the nomination 
 of employees. 
 
 Pensions. — With the exception of the director, the chaplain, the physician, and 
 some others, the officers are required to make payments to a treasury of pensions, 
 founded by the State. The amount of the pension depends on the age of the officer 
 upon his entrance into his functions, and upon the number of years during which he 
 has made payments. This treasury having begun to be in operation only twenty 
 
MODEEN PBISON SYSTEMS. Ill 
 
 years ago, and in consequence, the pensions not being yet aa high as it is desirable, 
 the Stortthing generally votes, for the officers who have retired, supplementary 
 pensions. A guard obtains in all a pension of 700 to 800 kroner. As to the directors 
 and the chaplains, their pension is voted entirely by the Stortthing. 
 
 Rules of Conduct. 
 
 In the penitentiary of Aakeberg the convicts over 18 years of age are ordinarily 
 isolated, not only in their cells, but also at school, chapel, and exercise outside. The 
 prisoners under 18 years are separated, if the director finds, upon the advice of chap- 
 lain and physician, that this regime is good for them, taking into account their age, 
 the stage of development, their health, morality, and the term of sentence, etc. 
 Otherwise they are isolated at night, during meals, and school lessons, while they 
 work together. Usually instruction and recreation outside are in company. During 
 work conversation is forbidden, except for the needs of industry. Prisoners under 
 18 years are separated from older men. Those who endure sentence in cells have 
 their term shortened. 
 
 Female prisoners serve their sentences in cells — (1) when they are under 18 years, 
 if the director, after consulting chaplain and physician, think it well; (2) those 
 between 18 and 21 years, when their moral and physical state permits; (3) those 
 over 21 years, when they entered before that time; (4) those who enter after being 
 21 years old, if the general administration consents. Other women serve sentences 
 in common. They are divided into two sections — one containing those convicted of 
 infanticide and similar crimes, and the other for thieves, go-betweens, etc. Each 
 section has its own separate shops, dining room, and exercise spaces. * * * 
 
 Disciplinary Measures. 
 
 la all the central houses there is a progressive classification which has for its pur- 
 pose the gradual improvement of the character of the convict by causing him to take 
 the initiative in good conduct. There are five classes. For each class the regula- 
 tion fixes a minimum time during which the prisoners, with exceptions, should 
 remain there before being able to pass to the next class; and this minimum is higher 
 for the recidivist than for other prisoners. The advantages which result from passing 
 to a higher class are an increase in the reward for labor, greater privileges in the 
 matter of correspondence and visits, permission to have the pictures of their family, 
 and various useful objects not permitted by the regulation, a larger ration of tobacco, 
 etc. In the highest class other privileges, so far as consistent with good order, are 
 granted. 
 
 In the placing of the prisoners in various dormitories and shops it is sought to sep- 
 arate the better from the worse men. 
 
 The law of July 12, 1848, prescribes that for the amendment of the prisoners there 
 shall be work and instruction, visits from officers and from others whose character 
 is above question. * * * Work is obligatory upon all. The director decides 
 what work is most suitable to the previous habits and the capacity of each prisoner, 
 and the future ability to earn an honest hving must be considered. 
 
 Disciplinary ptmishments. — If a convict in the penitentiary of Aakeberg is 
 guilty of bad conduct, the director can (a) withdraw for ten days the permission to 
 receive visitors other than the guards; (6) to forbid him access during the same period 
 to work and reading; (c) to reduce him to a lower class; (d) to deprive him of his 
 fund, with approval of the general administration. If the prisoner is above 18 years, 
 he may also (e) be placed on bread and water diet, or (/) be placed in a dark cell of 
 correction for five days at most. If the prisoner is under 18 years, the director may 
 (g) place him for two days on half rations or remove part of his food; {h) inflict cor- 
 poral punishment, not to exceed eighteen stripes of rods. In cases (6), (e), and (/) 
 the convict is ordinarily placed in a correctional cell, in which there is no chair, 
 table, nor other furniture, and where the bed is replaced by a board with a straw 
 pillow and one or two covers, which are removed during the day. 
 
 Women prisoners may not be subjected to whipping, and the period of cellular 
 punishment is shorter. The permission of the physician must be obtained for whip- 
 ping, using dark cell, or half rations. Whipping must be inflicted in the presence of 
 director or inspector, of the physician and two other officers. All disciplinary pun- 
 ishments are inscribed in a register, a copy of which is sent to the general adminis- 
 tration each year. 
 
 It is forbidden prisoners to receive and send letters without first securing permission 
 ol the director. The director or chaplain reads every letter received or sent. The 
 
112 MODERN PRISON SYSTEMS. 
 
 director decides whether the letter shall be sent to its address. The number of let 
 ters which a prisoner may receive or send depends on the class to which he belongs. 
 Permission of the director is necessary to receive visits from persons who are 
 strangers to the establishment. The director decides how long the visit may con- 
 tinue. An officer must always be present. 
 
 Organization of Industry. 
 
 The ordinary system of industry is that of state account. Generally the adminis- 
 tration purchases the raw materials, causes them to be made up by the prisoners, and 
 seeks to dispose of the products so far as they are not required in the institution. 
 Contracts for work for other establishments are taken, or even for private persons. 
 Thus laundry work is done for citizens, but outsiders do not come into contact with 
 prisoners. * * * The effort is made to employ the convicts in a great variety of 
 industries, in order to reduce to a minimum the competition with artisans and free 
 workmen, and to train the convicts in occupations which will be useful to them 
 after their liberation. The central houses have salesrooms at Christiania and at 
 Trondhjem. * * * There is no work outside the prison. All labor is productive 
 ******* 
 
 The guards are in general acquainted with trades and act as foremen under the 
 control of the manager. They teach the convicts their tasks. The duration of labor 
 is usually ten to ten and one-half hours per day. The product of the labor belongs 
 to the state. It is not thought that the convicts have any right to wages, but after a 
 time in prison gratuities are given. This sum is not above 6 oere (8 centimes) per 
 day for convicts of the second class (those of the first class receive no remuneration), 8 
 oere for those of the third class, 10 oere for those of the fourth class, and 12 oere for 
 those of the fifth class. The amount varies with the assiduity, aptitude for work, and 
 conduct of the prisoner. Recidivists are at a disadvantage and are promoted slowly. 
 
 These gratuities are a personal fund for the prisoner, which is administered by the 
 director, who may permit half to be paid to the family of the convict when it is indi- 
 gent. The part of the fund not thus expended is reserved for the time of liberation. 
 It is not the j^roperty of the prisoner until he has it in his own hands. If the con- 
 vict while he is still in prison commits some gross crime, his fund may be confiscated 
 by consent of the general administration. If a prisoner destroys, in willfulness or 
 negligence, any article belonging to the prison or its officers, the director may order 
 a fine to be taken out of his fund. When a liberated prisoner is brought back to a 
 penal establishment, he loses his right to the fund remaining to his credit. 
 
 Cake of Health. 
 
 Pood. — The Penal Code requires that the nourishment of prisoners shall be whole- 
 some, but not be more than is strictly necessary. Prisoners are not authorized to 
 procure for themselves other aliments than those which they receive from the 
 administration. 
 
 The prisoners who are well receive for breakfast, in the prison of Aakeberg, 200 
 grams of bread, 50 centiliters of milk, 16 grams of butter per day; in the prisons of 
 Akershus and of Trondhjem 220 grams of bread, 12 grams of butter, 50 centiliters 
 of milk or tea; in the prison for women, 200 grams of bread, 40 centiliters of milk, 
 10 grams of butter. 
 
 At dinner, one day in the week: Pea soup — for men 1 liter, women 75 centilters; 
 bouillon — for men 1 liter, women 75 centiUters; milk soup — for men 1 liter, women 
 75 centiliters; soup with molasses — for men 1 liter, women 75 centiliters, soup with 
 beer — for men 1 liter, women 75 centiliters; rata with potatoes — for men 50 centiliters, 
 women 50 centiliters; meat — for men 100 grams, women 100 grams; fat — for men 60 
 grams, women 60 grams. Two days a week: Herring — men 125 grams, women 100 
 grams; porridge of oatmeal or barley — ^in the penitentiary 75 centihters, in the pris- 
 ons of Akershus and of Trondhjem 1 liter, and, in addition, 12 grams of butter, 50 centi- 
 liters of milk; women 75 centiliters, with 10 grams of butter and 40 centiliters of 
 milk. The men receive besides, per week, 1,600 grams of potatoes, the women 1,200 
 grams; those in the penitentiary 1,400 grams of bread, the other men 550 grams and 
 the women 300 grams of bread. ' 
 
 For supper: In the penitentiary 200 grams of bread, 16 grams of butter, and 50 
 centiliters of milk per day; in the prisons of Akershus and of Trondhjem, five days 
 a week, 75 centiliters of porridge with 50 centiliters of milk; two days per week, 220 
 grams of bread and 50 centiliters of milk; in the prison for women, five days per 
 week, 75 centiliters of porridge with 40 centiliters of milk; two days 160 grams of. 
 bread with 40 centiliters of muk. 
 
MODERN PRISON SYSTEMS. 113 
 
 The arrangement of bill of fare is made by the director who tries to have as great 
 a variety as possible under the conditions. At the establishments of Akershus and 
 of Trondhjem,_as well as at the central prison for women, the prisoners who deserve 
 well, by their industry, may be permitted by the director to receive an extra allow- 
 ance of 110 grams of bread, 8 grams of butter and 50 centiliters of milk for men and 
 for women 100 grams of bread, 8 grams of butter, and 25 centiliters of milk. In case 
 of sickness the physician may prescribe such a modification of the diet as he thinks 
 proper. 
 
 Clothing. — The prisoners are required to wear the uniform of prisons and may 
 not procure other clothing. Each prisoner receives a jacket, trousers, vest, cap, shirt, 
 socks, handkerchief, suspenders, shoes (leather and wood). When the physician 
 orders it for health, the director may authorize the prisoner to have an under vest 
 and drawers. Each female convict has a dress of gray wool cloth, petticoat, waist, 
 chemise, drawers, stockings, shoes, cap, apron, handkerchiefs. On the order of the 
 physician an extra waist may be given. 
 
 Beds. — The bed is a hammock or couch, with mattress, pillow, covers of wool. 
 
 Kxercise. — All prisoners who are not employed on work outside or in open spaces 
 are permitted to exercise from a half hour to an hour daily in the open air, and 
 longer on Sundays and holidays when the circumstances permit. 
 
 Cleanliness and ventilation. — Careful watch is kept in respect to the cleanliness 
 of the convicts, the cleanliness and ventilation of the rooms, the airing and beating 
 of the beds, etc. 
 
 Infirmary. — In each establishment is an infirmary. As a rule the sick are treated 
 in the prison. When the nature of the malady renders it desirable the prisoners 
 may be sent to a hospital or asylum for the insane, in which case the consent of the 
 general administration of prisons must be obtained. 
 
 Insane. — The insane convicts are sent, if necessary, to a special asylum for crimi- 
 nal insane. 
 
 The time passed by the sick prisoner in hospital or asylum counts on his sentence 
 unless it has been voluntarily occasioned or simulated in order to secure a reduction 
 of the term. 
 
 Education. 
 
 The law of 1848 fixed the principle that the director and chaplain should, upon 
 reception, make an examination of the intellectual and moral condition of the con- 
 vict. The director should daily visit as many as possible of the prisoners, watch 
 over their physical and moral welfare, and, in concert with the chaplain and other 
 assistants, seek constantly to labor for their improvement. The duty of watching 
 specially over the moral conduct of the prisoner is incumbent upon the chaplain. He 
 should see as many of the prisoners as he can each day, and, by his admonitions, 
 religious instructions, console, encourage, and labor for their moral amelioration. 
 
 There is divine service each Sunday and holiday; also there is generally a Bible 
 reading once a Week by the chaplain or teacher. AH the prisoners are required to 
 be present unless excused for special reasons by the director. 
 
 The confession of faith represented by the chaplain is Evangelical Lutheran, to 
 which most of the convicts are attached. Those who belong to other confessions 
 may have visits from their own pastors. 
 
 Almost all the prisoners know how to read and write when they enter the prison. 
 Those under 35 years receive instruction, with exceptions, when they have not the 
 knowledge required. Older men may receive instruction when they express the 
 desire. They may be taught in the school or in their cells. In the school the con- 
 victs are, according to the state of their knowledge, divided into two or three classes, 
 which receive instruction four to five hours per week. The ordinary subjects taught 
 are religion, the mother tongue, writing, arithmetic, the elements of geography, his- 
 tory, and natural science. Convicts wno have voice and ear for music may enjoy 
 one lesson in singing each week. 
 
 The central houses have a library, whose books are lent to the prisoners under 
 certain regulations. Special care is given to the education of persons under 18 years 
 of age. 
 
 Discharged Prisoners. 
 
 The conference of officers decides in each case what should be done for a prisoner 
 about to be discharged. Transportation and clothing are furnished if necessarj^. 
 The gratuity fund is seldom paid at once in money, but tools and other useful arti- 
 cles are given. 
 
 H. Doc. 452 8 
 
114 MODEKN PKISON SYSTEMS. 
 
 There are several societies for aiding discharged prisoners which receive grants 
 from the State (8 kroner for each prisoner). The director and cliaplain help to 
 manage these societies. Employment is secured so far as possible for all. 
 
 SUPPLEMENTARY NOTE ON DEPARTMENTAL PRISONS (SMALL AND LOCAL). 
 
 The direction of the departmental prisons is confided to officers appointed by the 
 King, generally a judge or an officer of police. The director has with him a com- 
 mission of control appointed by the departmental or municipal council. The superior 
 administration of prisons is under prefects, who appoint and discharge the chief guards 
 and jailors. The religious direction of prisoners is generally confided to the pastor 
 of the district or of the city where the prison is situated. The physician of the dis- 
 trict cares for the health of prisoners. * * * 
 
 The rbanagement of these institutions is quite different from that of the peniten- 
 tiaries. The sentences are (a) arrest for 32 to 240 days; (6) ordinary imprisonment, 
 16 to 120 days; (c) imprisonment on bread and water, 4 to 30 days. In the last case 
 the execution of the penalty is interrupted every five days and the convict is sub- 
 jected during the interval, which varies from 1 to 3 days, to imprisonment with the 
 ordinary regimen of prisons. 
 
 If it is found that the convict to whom imprisonment on bread and water is inflicted 
 is not able, without danger to his health, to endure this penalty, it is replaced by 
 imprisonment under the ordinary regimen, of which four days is equivalent to one 
 day on bread and water. 
 
 Except under specified circumstances, the convicts in incarceration are subjected 
 to the regime of individual isolation. 
 
 The prisoner condemned to "arrest," a penalty which is rarely inflicted, is to have 
 a room by himself, if the circumstances permit. He is authorized to provide himself 
 with furniture for the place which he occupies. 
 
 Under the present laws those sentenced to prisons are not required to work, with 
 the exception of children under 15 years of age; but they may work on their 
 own account, so far as they can procure work compatible with the rules of order 
 and security of the prison, and if the circumstances permit it work is to be fur- 
 nished to those who ask for it. Since the prisoners are changing constantly and 
 the number of trades and industries which can be established in these small prisons 
 is necessarily very restricted, and as many of the convicts do not know any trade at 
 the moment of their admission, it is difficult to organize work in a satisfactory man- 
 ner. When the convicts are employed for the prison the director may grant them a 
 certain remuneration. The prisoner may dispose of the money which he acquires 
 at work on his own account or for the prison, either to procure articles which he is 
 authorized to have in the prison, or in some other way. If he does not dispose of it 
 it is kept for him and paid to him at his discharge; but as the period of imprisonment 
 is generally very brief, the sums are usually insignificant. 
 
 The prisoners aged less than 15 years receive primary and religious instruction. 
 It is the same with other prisoners who are to pass more than five days in prison, if 
 this instruction is thought necessary, in consequence of neglected education or for 
 other similar reasons. The instruction is given regularly to each prisoner in his cell; 
 sometimes to a small number of prisoners at a time in the hall of the school. Each 
 prison has a library, more or less well supplied, which offers books to prisoners. The 
 chaplain is called to give services to those prisoners who pass more than five days in 
 prison, and he is to be advised when other prisoners wish to speak with him. In 
 the more important prisons divine service is celebrated on Sundays and holy days, 
 with more or less of regularity. The chaplain is assisted in his visits by other 
 persons, men and women. Prisoners who do not belong to the Lutheran faith obtain 
 authority in case of need to receive a visit from their own pastor. 
 
 Disciplinary punishments. — The director maj? deprive the convict of all occu- 
 pation for eight days, or shut him up for four days in a darkened cell. He may also 
 inflict on convicts fifteen strokes of a rattan or rod. If there is doubt whether the 
 prisoner is able to endure this penalty the permission of the physician must first be 
 obtained. The punishments are recorded in a special register, which is examined at 
 the inspections of the prison. 
 
 The prisoner on bread and water receives daily 750 grams of bread with as much 
 water and salt as he desires. The prisoner in "arrest" is authorized to procure for 
 himself a better diet than the ordinary. If he can not obtain it himself he is usually 
 given it by the prison. This is fixed for each prison by the prefect, who takes account 
 of the local usages in matter of food. The care of feeding the prisoners is usually 
 confided to the chief guard. 
 
 Privileges.— Visits may be made to prisoners in "arrest" in their rooms, at hours 
 fixed by the director, taut on condition that the good order of the prison is not 
 
MODEEN PRISON SYSTEMS. 115 
 
 disturbed. Prisoners undergoing ordinary imprisonment, or on bread and water 
 diet, may be permitted to receive one visit in fifteen days, or more often in excep- 
 tional cases, in presence of one of the officers of the prison. 
 
 Each prisoner in "arrest" generally has the unrestricted right to write and to 
 receive letters. The director may give similar permission to other prisoners, but the 
 letters are read. * * * 
 
 Clothing. — Prisoners have the right to wear their own clothing, and generally 
 they do it; but when the garments are worn or dirty the prison furnishes others. 
 
 Cleanliness. — The prisoners are required to observe habits of cleanliness. Rooms 
 are always to be kept clean and in order and properly ventilated. 
 
 Exercise. — Prisoners must exercise in the open air at least a half hour each day. 
 
 "Workliauses. — Workhouses are not mentioned by the Penal Code, but are estab- 
 lished by laws relating to public relief. Mendicants may be confined for two months 
 for the first offense; four months for the second offense, six months for the third 
 offense, and so on up to one year. Tramps who beg are liable to penalties twice 
 as great. 
 
 Incarceration in a workhouse may also be employed in certain cases as an adminis- 
 trative measure. Thus the police may send in a person who is indolent or drunken, 
 and who therefore can not gain an honest livelihood. The ministry of justice must 
 be informed of such cases. 
 
 No person under 15 years can be placed in a workhouse. The sexes are separated, 
 and women guards are over women. Work can not be longer than twelve hours a 
 day. As disciplinary measures a bread and water diet, a cell, or corporal punish- 
 ment may be used. These houses do not belong to the State, but to communes or 
 districts, but their management is subject to the approval of the government, and 
 the State pays a considerable part of their expenses. They do not depend upon the 
 penitentiary administration, but upon the ministry of public instruction and worship. 
 
 A project of a new penal code provides for important modifications of the former 
 regulations — ^indeterminate sentence, conditional or provisional release, etc. 
 
 GBEAT BIIITAI:N^. 
 
 ORGANIZATION AND ADMINISTRATION. 
 
 English Local Prisons. 
 
 Prison offlcers. — 96. Every officer of a prison shall hold his office during the 
 pleasure of the secretary of state. 
 
 97. An officer shall not have any pecuniary or other dealing whatsoever with or 
 on behalf of any prisoner, or employ any prisoner on his private account. 
 
 98. An officer shall not allow any prisoner under his charge to be employed, 
 directly or indirectly, for the private benefit or advantage of any person, or in any 
 way not in conformity to the prison rules. 
 
 99. An officer of a prison shall not sell or let, nor allow to be sold or let, nor be 
 interested in the selling or letting of any article to any prisoner. 
 
 100. An officer shall not directly or indirectly have any interest in any contract 
 for the supply of the prison; nor shall he receive, directly or indirectly, under any 
 pretense whatsoever, any fee or gratuity or present from any contractor or person 
 tendering any contract with the estabhshment, or from any person whatever in 
 relation to anything connected with the service of any prison. 
 
 101. No officer of a prison shall at any time receive any money, fee, or gratuity of 
 any kind for the admission of any visitors to the prison or to prisoners, or from or on 
 behalf of any prisoner on any pretext whatever. 
 
 102. Female prisoners shall in all cases be attended by female officers. A male 
 officer shall not enter a prison or division of a prison appropriated to female prisoners, 
 except on duty, nor unless accompanied by a female officer. 
 
 103. All offlcers of the prison shall obey the directions of the governor, subject to 
 the prison rules, and all subordinate officers shall perform such duties as may be 
 directed by the governor, with the sanction of the commissioners, and the duties of 
 each subordinate officer shall be recorded in a book to be kept by him. 
 
 104. An officer shall not be absent from the prison without leave from the governor. 
 He shall use the utmost vigilance to insure the safe custody of the prisoners, and 
 shall not take any key of prison outside the gate. 
 
116 MODERN PKISON SYSTEMS. 
 
 105. (1) A subordinate officer shall not receive any visitors within the prison 
 without permission of the governor. (2) A subordinate officer shall frequently 
 examine the state of the cells, bedding, locks, bolts, etc., and shall seize all prohibited 
 articles, and deliver them to the governor forthwith. 
 
 106. (1) Every officer shall occupy such quarters as may be assigned to him. (2) If 
 an officer is discharged or dismissed, or resigns, he shall immediately give up the 
 quarters he has occupied. Any officer who occupies qua,rters shall at any time vacate 
 them if required to do so. On the death of an officer his family shall give up the 
 quarters when required to do so. (3) An officer occupying Government quarters 
 shall not keep a shop or a school or let lodgings therein, nor shall any subordinate 
 officer permit ahy person not being a regular member of his family to remain for the 
 night in his quarters without the permission of the governor,. which permission the 
 governor shall record in his journal. 
 
 107. The officer acting as gatekeeper shall examine all articles carried into or out 
 of the prison, and may stop any person suspected of bringing in spirits or other pro- 
 hibited articles into the prison, or of carrying out any property belonging to the 
 prison, giving immediate notice thereof to the governor. 
 
 108. It is the duty of all officers to treat prisoners with kindness, to listen patiently 
 and report their complaints or grievances, at the same time being firm in maintain- 
 ing order and discipline and enforcing complete observance of the rules and regula- 
 tions of the prison. The great object of reclaiming the criminal should always be 
 kept in view by all officers, and they should strive to acquire a moral influence over 
 the prisoners by performing their duties conscientiously but without harshness. 
 They should especially try to raise the prisoner's mind to a proper feeling of moral 
 obligation by the example of their own uniform regard to truth and integrity in the 
 smallest matters. 
 
 109. An officer shall without delay inform the governor of any prisoner who 
 desires to see him, or to make any complaint, or to prefer any request to him or to 
 any superior authority. 
 
 110. It is the duty of every officer to direct the attention of the governor to any 
 prisoner who appears to be out of health, although he does not complain, or whose 
 state of mind appears to be deserving of specif notice or care, in order that the 
 opinion and instructions of the medical officer may be taken on the case. 
 
 111. (1) Officers shall at all times carefully watch the prisoners in their various 
 movements and employments, shall give the necessary directions thereon, and shall 
 use the utmost vigilance to promote industry, and to maintain order and silence 
 among them, and to prevent the escape of any prisoner. (2) Officers shall observe 
 the character, habits, and industry of the prisoners under their charge, and shall 
 carefully and impartially keep such records as may be ordered, and shall afford at 
 all times to their superiors unreserved information on such subjects. 
 
 112. (1) An officer shall not strike a prisoner unless compelled to do so in self- 
 defense. (2) In any case in which the application of force is needful, no more 
 force than is necessary shall be used. (3) An officer shall not inflict any punish- 
 ment or privation of any kind unless ordered by the governor. 
 
 113. An officer shall not fail, on any pretense whatever, through favor or mistaken 
 notions of kindness, to make an immediate report to the governor, or superior officer, 
 of any misconduct or willful disobedience of orders. 
 
 114. (1) An officer shall not allow any familiarity on the part of a prisoner toward 
 himself or any other officer or servant of the prison, nor shall he on any account 
 speak of his duties, or of any matters of discipline or prison arrangement, within 
 hearing of a prisoner. (2) An officer shall not speak to a prisoner unnecessarily nor 
 shall he, by word, gesture, or demeanor, do anything which may tend to irritate 
 any prisoner. (3) An officer shall not correspond with or hold any intercourse with 
 the friends or relatives of any prisoner," unless expressly authorized by the governor. 
 
 115. (1) An officer shall not make any unauthorized communication concerning 
 the prison or prisoners to any person whatever, and shall not without authority 
 communicate to the public press information derived from official sources or con- 
 nected with his duties or the prison, and any such communication by an officer with- 
 out authority will be regarded as a breach of confidence and will render him liable 
 to dismissal. (2) An officer shall not publish a book on matters relating to the 
 prison department without the sanction of the secretary of state. 
 
 116. An officer will be held responsible for being acquainted with the rules rela- 
 ting to his duties. He shall conform to and obey the orders of the governor in every 
 respect, and shall assist him in maintaining order and discipline among the prisoners. 
 
 117. Every officer shall treat members of the visiting committee with the greatest 
 courtesy and respect, and shall at all times treat his superiors with respect. He 
 
MODERN PRISON 8TSTEM8. 117 
 
 shall be respectful to the authorities of other departments of government, and shall 
 afford assistance to those with whom his duty calls him to cooperate, taking care not 
 to lose sight of the rules and regulations of the prison or of the special order he may 
 receive from the prison authorities. 
 
 118. An officer desiring to appeal against any decision which affects him, or wish- 
 ing to bring any matter before superior authority, shall without delay, state his com- 
 plaint to the governor, for the consideration of the commissioners. 
 
 119. An officer who is suspended from duty for misconduct shall immediately give 
 up his keys and quit the prison, but shall afterwards attend daily at the prison at 
 such hour as the governor may appoint until otherwise directed. 
 
 120. An officer shall not use tobacco, or spirituous, or fermented liquors within the 
 prison walls, except under such restrictions as to time and place as may be laid down 
 by the governor and approved by a commissioner. 
 
 121. If an officer, contrary to orders, brings in or carries out, or endeavors to bring 
 in or carry out, or knowingly allows to be brought in or carried out, to or for any 
 prisoner, any money, clothing, provisions, tobacco, letters, papers, or other articles 
 whatsoever, he shall be forthwith suspended from his office by the governor of the 
 prison, who shall report the offense to the commissioners. 
 
 122. An officer may, if the terms of the contract permit it, purchase from any con- 
 tractor provisions for the use of himself and his family at the contract rates. 
 
 Governor. — 123. The governor shall reside in the house assigned to him. 
 
 124. The governor shall strictly conform to the law relating to prisons and to the 
 prison rules, and shall be responsible for the due observance of them by others. He 
 shall observe the conduct of the prison officers, and enforce on each of them the execu- 
 tion of his duties, and shall not permit any subordinate officer to be employed in any 
 private capacity, either for any other officer of the prison or for any prisoner. 
 
 125. The governor, in case of misconduct, may suspend any subordinate officer, and 
 shall report the particulars to the commissioners. 
 
 126. (1) The governor shall visit and inspect daily the wards, cells, yards, and 
 divisions of the prison, also the bakehouse, kitchen, and workshops, and every cell 
 or other place in which any prisoner is undergoing punishment, and shall, as far as 
 practicable, see every prisoner at least once in every twenty-four hours. He shall 
 visit daily all prisoners while employed at labor, and see that they are industrious 
 and that all orders respecting labor are enforced, and in default of such daily visits 
 he shall state in his journal now far he has omitted them, and the cause thereof. 
 (2) When visiting the prison in which female prisoners are kept, the governor shall 
 be attended by a female officer. 
 
 127. The governor shall take every precaution to prevent the escape of prisoners, 
 and shall take care that all officers are well instructed as to their duties, and vigilant 
 in fulfilling them. 
 
 128. The governor shall require reports to be made to him accounting for all 
 prisoners in his custody night and morning, at the opening and closing of the prison, 
 at such hours as they go to and return from labor, and at such other times as may be 
 necessary. 
 
 129. The governor shall assure himself that all gates are locked at the proper 
 times, and that all keys of the prison are kept in the authorized place or in the pos- 
 session of the authorized officers, and he shall not allow any key of the prison to be 
 taken outside the gate. 
 
 130. The governor and the deputy-governor shall, each at least once during the 
 week, go through every part of the prison at an uncertain hour of the night; which 
 visits, with the hour and state of the prison at the time, the governor shall record in 
 his journal. 
 
 131. If the governor omits to perform any duty or routine prescribed he shall 
 record the omission in his journal with the cause thereof. 
 
 132. (1) The governor shall cause an abstract, approved by the secretary of state, 
 of the regulations relating to the treatment and conduct of prisoners, with a copy of 
 the prison dietaries (printed in legible characters), to be posted in each cell, and 
 shall read them or cause them to be read to every prisoner who can not read, within 
 twenty-four hours after his admission. (2) The governor shall take an early 
 opportunity of seeing all prisoners after their admission and satisfying himself that 
 they understand the rules and regulations to which they are required to conform, 
 the privileges they may gain by industry and good conduct, and the consequences of 
 idleness and misconduct. 
 
 133. (1) The governor shall, without delay, call the attention of the medical offi- 
 cer to any prisoner whose state of mind or body appears to require attention, and 
 shall carry into effect the written directions of the medical officer respecting altera- 
 
118 MODEBN PJSISON srSTEMS. 
 
 tions of the discipline or treatment of any such prisoner. (2) The governor shall 
 notify the medical officer, without delay, of the illness of any officer or prisoner, and 
 shall furnish to him daily a list of the prisoners reported sick in the prison. 
 
 134. The governor shall daily provide for the chaplain and the medical officer a 
 list of prisoners under punishment. 
 
 135. The governor shall visit the infirmary daily and see all prisoners therein, and 
 shall see that proper arrangements are made for the safe custody of the sick prisoners, 
 and that discipline is maintained, so far as is consistent with the medical treatment 
 prescribed for them. He shall, on all occasions, support the medical officer in the 
 performance of his duties. 
 
 136. Upon the death of a-prisoner immediate notice shall be given to the coroner 
 having jurisdiction, also to the visiting committee, the commissioners, and the near- 
 est relative of the deceased, where practicable. 
 
 137. (1) The governor shall see that no officer of the prison, nor any prisoner, nor 
 any person who is under contract to supply anything for the service of the prison is 
 a juror on any inquest held on the body of a prisoner who has died in his custody. 
 
 (2) The governor shall supply to the coroner the name of any prisoner who tenders 
 his evidence in the case of an inquest about to be held on the body of any prisoner. 
 
 (3) The governor shall report to the commissioners, in respect of any inquest on a 
 prisoner, the finding of the jury or other circumstances which may occur at the inquest. 
 
 138. The governor shall report to the commissioners any case of insanity or appar- 
 ent insanity occurring among the prisoners, or any case in which the medical officer 
 is of opinion that the life of any prisoner will be endangered by further imprisonment, 
 or that any sick prisoner will not survive his sentence, or is totally and permanently 
 unfit for prison discipline, or has reason to believe that the mental state of any 
 prisoner is becoming impaired or enfeebled by continued imprisonment. 
 
 139. (1) The governor shall keep and be responsible for such books and records as 
 may from time to time be prescribed. (2) He shall enter in a book, called the "gov- 
 ernor's order book," all his orders relative to the management and discipline of the 
 prison, and shall cause such orders to be communicated to the proper officers. 
 
 140. The governor shall keep the prescribed records of the conduct of officers, and 
 may fine subordinate officers and servants in any amount not exceeding five shillings, 
 for neglect of duty Or other offense against the prison rules, and the fines shall be 
 applied as may be directed by the commissioners. 
 
 141. (1) The governor shall not, without permission in writing from a commis- 
 sioner, be absent from the prison for a night, except from unavoidable necessity. If 
 from unavoidable necessity he is absent for a night, and has not been able to 
 obtain leave for such absence, he shall at once inform the commissioners of the fact 
 and the cause of it, and shall record it in his journal. He shall also enter his leave 
 of absence, with the authority for it in his journal. Before leaving the prison at any 
 time he shall give over the charge of it to the deputy governor or to the officer act- 
 ing in his place. (2) When the governor is absent from the prison the deputy gov- 
 ernor shall perform all his duties, and on such occasions shall be competent to 
 perform any duty required to be performed by the governor. (3) If under any cir- 
 cumstances the governor and the deputy are both absent, the charge of the prison 
 shall fall on the senior principal warder, to whom it shall be delivered over, but the 
 omission of such delivery shall not justify the principal warder in neglecting the 
 charge if he is aware that the governor and deputy are actually absent from the 
 prison. 
 
 142. The governor may, if the terms of the contract permit it, purchase articles 
 from any contractor for the use of his family at the contract rate; but, with this 
 exception, he shall not have for his own use, or that of any other person, any deal- 
 ings with any tradesmen supplying the prison. 
 
 143. (1 ) The governor shall take care that the labor of all the prisoners is made 
 use of in such a way as to be to the best advantage to the public services, and shall 
 not employ or allow to be employed, any prisoner in any private work for himself 
 or for any other officer of the prison. (2) He shall promote the useful employment 
 and industrial training of the prisoners. 
 
 144. The governor shall use his best endeavors to assist in the identification of 
 prisoners, and with that object shall furnish to the governors of other prisons, and 
 to the police, any information in his power. 
 
 145. (1) The governor shall not allow any person other than a judge of the high 
 court or the bishop of the diocese to view the prison, except as provided by statute, or 
 by an order from the secretary of state or the commissioners, and shall be careful 
 that no visitor holds any communication with any prisoner unless authorized to do 
 so. (2) He shall not allow any person besides the officers to pass into or out of the 
 prison after the gates are locked for the night, nor until the hour for openiag on the 
 
MODERN PRISON SYSTEMS. lid 
 
 following morning, except in some special case, which latter shall be entered in his 
 iournal. (3) He may examine all persons and vehicles going in or out of the prison, 
 and may exclude any person who refuses to be examined. (4) He may remove 
 from the prison any visitor to the prison or to a prisoner whose conduct is improper, 
 recording the same" in his journal. 
 
 146. The governor shall notify the chaplain or prison minister and medical officer 
 of the case of any prisoner whose life is in danger, or whose state of health in mind 
 or body appears to require their attention. 
 
 147. (1) The governor shall carry into effect the written recommendation of the 
 medical officer for the alteration of the discipline or treatment of any prisoner, or 
 for the supply of any additional articles to any prisoner on medical grounds; (2) the 
 governor shall carry into effect the written recommendation of the medical officer 
 for separating from the other prisoners any prisoner laboring or suspected of laboring 
 under any infectious, contagions, or mental disease, and shall immediately take 
 steps to prevent the spread of any contagious or infectious disease. 
 
 148. In any case in which the sickness of any prisoner has assumed the aspect of 
 danger, the governor shall, whenever practicable, inform the relatives of such 
 prisoner thereof. 
 
 149. The governor shall pay attention to the ventilation, drainage, and sanitary 
 condition of the prison, and take such measures as may be necessary for their being 
 maintained in perfect order. 
 
 150. The governor shall take care that proper precautions against fire are adopted, 
 and that the fire engine and other appliances are at all times kept in good order and 
 ready for use. He shall see that instructions are given as to the steps to be taken in 
 case of flre, and that the officers concerned are acquainted with their duties on such 
 occasions. 
 
 151. (1) The governor shall hear the reports every day at such hour as may be 
 most convenient; (2) he shall see that every prisoner having a complaint or request 
 to make shall have facilities for doing so, and he shall redress any grievance, or take 
 such steps as may be necessary, recordingthesame in the prescribed manner; (3) he 
 shall forward to the commissioners any report or complamt which any officer of the 
 prison desires to make to them, and shall on no account suppress it, but he may 
 offer any explanation with it which it may seem to require; (4) he shall forward to 
 the commissioners any report or complaint against an officer with which he is not 
 competent or willing to deal; but, in such case, the officer shall be permitted to see 
 the charge against himj and to reply to it for the information of the commissioners, 
 (5) he shall inform the visiting committee of the desire of any prisoner to see them. 
 
 152. (1) The governor shall see that every prisoner under punishment is visited 
 during the day at intervals of not more than three hours by the appointed officer; 
 (2) the governor shall take care that no prisoner is subjected to any punishment 
 which the medical officer is not satisfied he is capable of undergoing; ^3) the gov- 
 ernor shall attend every corporal punishment inflicted within the prison, and he 
 shall enter in his journal the hour at which the punishment was given, the number 
 of lashes or strokes given, and any order which he or the medical officer may have 
 given on the occasion; (4) he may, after the infliction of two-thirds of any sentence 
 of corporal punishment, remit the remainder or any portion thereof. 
 
 153. If the governor puts a prisoner in irons or under other mechanical restraint, 
 he shall give notice thereof to the visiting committee; and he shall not keep a pris- 
 oner in irons or under other mechanical restraint for more than twenty-four hours 
 without an order in writing from the visiting committee, specifying the cause thereof 
 and the time during which the prisoner is to be kept under restraint, which order 
 shall be preserved by the governor as his warrant. 
 
 154. Before granting any permission for any purpose to any prisoner by authority 
 of the rules applicable to the class to which the prisoner belongs, the governor shall 
 satisfy himself that it can be granted without interfering with the security, good 
 order, and government of the prison, and if, after it has been granted, its continu- 
 ance seems likely to cause any such interference, or the prisoner has abused such 
 permission, he may withdraw or suspend the permission. Where any such permis- 
 sion has been granted by the visiting committee, he may, in the like circumstances, 
 suspend it if the case is urgent, provided that he reports the suspension within 
 twenty-four hours to them. He shall enter in his journal all cases where such per- 
 mission has been granted, suspended, or withdrawn, stating the reasons. 
 
 155. The governor, or the deputy governor shall read all letters to or written by a 
 prisoner, and every letter shall bear the governor's initials. He shall use his discre- 
 tion in communicating to or withholding from a prisoner the contents of any letter 
 addressed to the prisoner, but shall make note of every case in which he thinks 
 proper to withhold a letter. 
 
120 MODEEN PRISON SYSTEMS. 
 
 156. (1) The governor shall freely communicate with the commissioners on all 
 matters relating to the prison, and in cases of emergency he shall apply to them, 
 and conform to their orders, acting in the meantime to the best of his own judgment. 
 (2) He may offer any su^estions for improvement or for the advant^e of the 
 service, and need not reserve it for his annual report. 
 
 157. (1) The governor shall attend divine service in the prison whenever it is 
 performed, keeping record of any omission and the cause thereof. He shall see that 
 officers and prisoners attend such service. (2) If no clergyman is present as a sub- 
 stitute in the absence of the chaplain, the governor, or some other approved person 
 shall read the daily prayers and the governor shall record the fact in his journal. 
 
 158. (1) The governor shall use his best endeavors to promote the efforts made 
 to advance the education of the prisoners. (2) He shall assist with his influence 
 and authority the efforts of the chaplain for the reformation of the prisoners. 
 
 159. The Governor shall submit to the commissioners as soon as possible after the 
 31st of March of each year, a report in writing, specifying, with reference to the year 
 ending on that date, the conduct of the subordinate ofiicers, the number of prisoners 
 admitted to custody and their disposal, the conduct of the prisoners, the number of 
 punishments and restraints imposed on them, the number of escapes or attempts to 
 escape, the labor in which they have been employed and the value thereof, the state 
 and condition of the buildings, fences, etc. , the repairs or alterations made in the 
 prison buildings, and such other particulars as may be directed, together with a 
 certificate, signed by himself, stating whether the prison rules have been complied 
 with in every instance, except such cases as have been brought to the notice of the 
 commissioners. 
 
 160. The governor shall use his endeavors, by communicating with discharged 
 prisoners' aid societies and otherwise, to assist in providing prisoners with employ- 
 ment on their discharge in order to prevent their falling again into crime. 
 
 Matron. — 161. The matron shall reside in the prison. She shall have the care 
 and superintendence of the female prisoners. The keys of all locks in the portion of 
 the prison for females shall be kept in her custody. 
 
 162. The matron shall visit and inspect every part of the prison occupied by 
 females, and see every one in her charge at least once every twenty-four hours, and 
 in default of such visits shall state in her journal the cause for same. She shall, at 
 least once a week, go through every part of the prison in her chaise at an uncertain 
 hour of the night, and keep records of each visit. 
 
 163. (1) The matron shall not be absent for a night without permission in writing 
 from a commissioner or the recommendation of the governor. (2) In her absence 
 her duties shall be performed by the senior female oflScer, who shall have all power 
 and perform all duties of the ihatron. 
 
 164. The matron shall keep a journal in which shall be recorded all occurrences 
 of importance in her department, and shall submit it to the governor daily. 
 
 165. The matron shall see that no male officer or visitor enters the division of the 
 prison allotted to females unless accompanied by herself or some other female officer. 
 
 Medical oflB.cer. — 166. The medical officer shall reside in the house assigned to 
 him, and attend all sick prisoners and all officers and servants resident in the prison 
 or within such distance as may be prescribed by the commissioners. He shall also 
 attend the families of officers and servants of the prison, subject to such conditions 
 and limitations as may be prescribed by the commissioners. 
 
 167. The medical officer shall conform to the rules and regulations of the prison, 
 and shall support the governor in the maintenance of discipline and the safe custody 
 of the prisoners. 
 
 168. (1) The medical officer shall visit the prison at least once a day and shall see 
 every prisoner once a week, so as to ascertain his state of health and whether he is 
 clean in person and free from disease. (2) He shall see every day all prisoners who 
 are ill, and report to the governor in writing their fitness or unfitness for labor. He 
 shall daily visit the sick in the infirmary at such times as may be necessary, and 
 attend at once on receiving information of serious illness. (3) He shall visit once a 
 day or oftener every prisoner under punishment or special discipline. (4) He shall 
 examine every prisoner on reception and shall record his state of health and such 
 facts connected therewith as may be directed. (5) He shall frequently inspect the 
 washing places, baths, and other provisions for purposes of cleanliness or sanitation 
 and see whether they are in efficient working order, and report at once any defect 
 therein. 
 
 169. As early as practicable each month the medical officer shall inspect every part 
 of the prison and see that nothing exists therein likely to injure the health of the 
 prisoners, and especially that the ventilation is properly attended to. The result of 
 this inspection shall be recorded in his journal. 
 
MODEKN PRISON SYSTEMS. 121 
 
 170. The medical officer shall frequently inspect the food of the prisoners, cooked 
 and uncooked, and shall report to the governor as to the quality of the provisions, 
 and also as to the sufficiency of clothing, bedding, the quantity and quality of the 
 water, or any other cause which may affect the health of the prisoners. 
 
 171. (1) The medical officer shall enter, in the English language, daily, in Ma 
 journal, to be kept in the prison, an account of the state of every sick prisoner, the 
 name of his disease, a description of the medicines and diet, and any other treatment 
 which he orders for such prisoner. (2) He shall also record such matters connected 
 with his duties as may be directed. 
 
 172. (1) When the medical officer has any reason to suspect that the mental state 
 of any prisoner is becoming impaired or enfeebled by continued imprisonment, he 
 shall take such prisoner under special care, and should he believe there are signs of 
 incipient insanity, he shall report to the governor for the information of the commis- 
 sioners, stating, if in doubt, whether he desires special advice. (2) When he has 
 reason to believe that a prisoner's health is likely to be injured by discipline, he shall 
 report the case in writing to the governor, and he shall call the attention of the chaplain 
 to any prisoner who appears to require his special notice. (3) The medical officer 
 shall give notice to the governor and the chaplain when the sickness of any prisoner 
 appears to him to assume an aspect of danger. (4) He shall report in writing the 
 case of any prisoner to which he thinks it necessary on medical grounds to draw 
 attention, and shall make such recommendation as he deems needful for the altera- 
 tion of the discipline or treatment of the prisoner, or for the supply to him of addi- 
 tional articles. (5) Whenever the medical officer is of opinion that th'e life of any 
 prisoner will be endangered by his continuance in prison, or that any sick prisoner 
 will not survive his sentence or is permanently unfit for prison discipline, he shall 
 state the opinion and the grounds thereof, in writing, to the governor, who shall 
 duly forward the same to the commissioners. 
 
 173. If any case of peculiar difficulty or danger occurs, the medical officer may call 
 in additional aid, with a commissioner's approval. No serious operation shall be 
 performed without a previous consultation with another medical practitioner, except 
 under urgent circumstances not admitting of delay, which shall be recorded in his 
 journal. 
 
 174. The medical officer shall, on the death of any prisoner, enter in his journal 
 at what time the deceased was taken ill, when the illness was first reported to him, 
 the nature of the disease, when death occurred, appearances after death (where post- 
 mortem is made), together with other remarks required to be noted. 
 
 175. In case of sickness,' necessary engagement, or leave of absence, to be given 
 by the commissioners, the medical officer shall appoint a substitute, approved of by 
 the commissioners. The name and residence of the substitute shall be entered in 
 his journal. 
 
 176. Where the medical officer considers it necessary to apply any painful test 
 to a prisoner to detect malingering or otherwise, the test shall only be applied by 
 authority of the visiting committee or a commissioner. 
 
 177. When any prisoner is about to be removed from the prison, the medical 
 officer shall examine him and certify as to his fitness to leave the prison, and as to 
 such other particulars regarding him as may be required. 
 
 178. The medical officer shall give directions in writing for separating from the 
 other prisoners any prisoner laboring under any infectious, contagious, or mental 
 disease, or suspected thereof, and shall take steps to prevent the spread of any such 
 diseases. 
 
 179. The medical officer shall inform the governor of any particular point of 
 which he may become aware in regard to the person of any prisoner which might 
 assist in identifying him. 
 
 180. The medical officer shall examine every prisoner sentenced to hard labor, 
 and shall report if he is unfit for such labor and shall assist in assigning the task of 
 labor according to the physical capacity of a prisoner. He shall examine the pris- 
 oners from time to time of their being employed at hard labor, and shall report the 
 name of any whose health he thinks endangered by the continuance of hard labor 
 of any particular kind, and that prisoner shall not be employed at such labor until 
 the medical officer certifies that he is fit for such employment. • 
 
 181. The medical officer shall have the general care of the health of the prison- 
 ers and shall make known to the governor and commissioners any circumstances 
 connected with the prison or the treatment of the prisoners, which require consider- 
 ation on medical grounds. 
 
 182. (1) Before a prisoner is placed in close confinement, or is subjected to corporal 
 or dietary punishment, the medical officer shall examine him and certify whether 
 he is fit for the punishment. (2) He shall attend every corporal punishment 
 
122 
 
 MODERN PEI80N SYSTEMS. 
 
 inflicted in the prison, and Ms instructions thereon for preventing injury to health 
 shall be obeyed. 
 
 183. (1) The medical officer shall keep such statistical records and furnish such 
 returns as may be directed relative to the health and medical treatment of officers 
 and prisoners, and to the sanitary condition of the quarters of the officers and of the 
 prison buildings. (2) The medical officer shall report periodically, on the health 
 and sanitary condition of the establishment, the health of the officers, their capacity 
 for performing their duties, and the health of the prisoners. (3) The medical offi- 
 cer shall submit to the commissioners as soon as possible after the 31st of March in 
 each year, a report in writing, with reference to the year ended on that day, with 
 statistics of sickness, mortality, removals on medical grounds, insanity, suicide, and 
 hospital treatment among the prisoners, and such other particulars as may be 
 directed. (4) The medical officer may at any time offer any suggestion for improve- 
 ments or for the advantage of the service, and need not reserve it for his annual 
 report. 
 
 184. Where a deputy medical officer is appointed to a prison he shall assist the 
 medical officer in the performance of his duties as may be directed, and in his 
 absence shall perform his duties. 
 
 The visiting committee. — 275. (1) The members of a visiting committee to be 
 appointed by quarter sessions shall be appointed at the quarter sessions held in the 
 first week after the 28th day of December, provided that the members to be appointed 
 at the sessions specified in the first column of the subjoined table shall be appointed 
 as mentioned in the second column of that table: 
 
 Adjourned quarter sessions for the whole 
 
 county of Herts. 
 Quarter sessions for the county of London. 
 
 At a Michaelmas adjourned session for 
 the whole county. 
 
 At any session or adjourned session held 
 in the month of January, not later than 
 the 25th of the month. 
 
 276. The visiting committee shall continue to hold office until their successors 
 have met and taken over their duties. 
 
 277. The first meeting of the committee shall be held at the prison at noon on the 
 first Monday in February, or, if altered, not later than a day by the end of the first 
 week of that month. * * * 
 
 278. At this meeting a chairman shall be appointed and rules made as to attendance 
 at the prison for the purpose of performing duties assigned. * * * 
 
 279. Members of the visiting committee may act notwithstanding any vacancy in 
 their body. * * * 
 
 280. In case the requisite number of members on this committee is not filled at 
 the proper time, vacancies may be filled by appointment through the secretary of 
 state. * * * 
 
 281. Vacancies occurring during the year may be filled by the authority who made 
 the first appointment. * * * 
 
 282. The chairman of the visiting committee shall report the names and addresses 
 of the full committee. 
 
 283. The committee shall keep full minutes of their proceedings. * * * 
 
 284. The committee shall meet at the prison once a month, or at least eight times 
 during the year. * * * 
 
 285. One or more members of the committee shall visit the prison not less than 
 once a fortnight. * * * 
 
 286. No member of the committee may have any interest in any contract made in 
 respect of any prison of which he is on the visiting committee. 
 
 287. The committee shall report any suggestions for improving the service of the 
 prison, and shall cooperate with the commissioners in such matters. * * * 
 
 288. Any abuses in connection with the prison brought to their attention shall be 
 at once reported to the commissioners, and in cases of urgency they may suspend 
 any officer until the decision of the commissioners is made known. * * '* 
 
 289. They shall hear and adjudicate on any report made to the governor of the 
 misconduct of any prisoner. 
 
 290. In urgent cases, where a prisoner has been put under mechanical restraint, 
 and it is necessary that he shall remain so for more than twenty-four hours, they 
 may authorize the detention by written order stating the circumstances. * * * 
 
 291. The visiting committee shall furnish such information with respect to the 
 offenses reported to them and the punishments they award as may from time to time 
 be required by the commissioners or secretary of ste,te. 
 
 292. They shall hear and investigate all complaints, and, if necessary, report to the 
 commissioners or take such action as they are directed to take. * * * 
 
MODERN PEI80N SYSTEMS. 123 
 
 293. Reports of injury to the mind or body of prisoners through discipUne or treat- 
 ment shall be communicated to the commissioners. If the case is urgent, the visiting 
 committee shall give such directions as they deem expedient. * * * 
 
 294. They shall frequently inspect the diet of the prisoners, and any lapse from the 
 terms of the contract shall be recorded and also reported to the commissioners. The 
 governor shall at once remedy the condition of the food. * * * 
 
 295. They may inspect any of the books of the prison. 
 
 296. They may, on application from any prisoner, dispense with his attendance at 
 divine service on Sundays or other days. 
 
 297. They may in urgent cases allow a prisoner an additional visit or letter, or pro- 
 long the period of a visit. 
 
 298. They shall assist the commissioners with advice and suggestions as to the 
 industrial employment and occupation oJE prisoners. 
 
 299. They shall assist the commissioners in the selection of books for the library. 
 Bequests for books must be submitted to them through the chaplain and governor 
 for their approval. * * * 
 
 300. They shall decide in cases where prisoners through conscientious motives 
 desire to change their religion. * * * 
 
 301. They may, subject to the approval of the commissioners, organize lectures and 
 addresses in the prison, provided that they do not interfere with the prison discipline 
 and are directed to the moral improvement of the prisoners. 
 
 302. They shall exercise supervision in carrying out the rules for the treatment of 
 juvenile and unconvicted prisoners. 
 
 303. They shall, so far as practicable, cooperate with the governor as to the classi- 
 fying of first offenders. 
 
 304. They shall, so far as is practicable, satisfy themselves as to the operation of 
 the Discharged Prisoners' Aid Societies connected with the prison, or any other agen- 
 cies having for their object the welfare of prisoners. 
 
 305. They shall inquire into the state of the prison buildings and report to the 
 secretary of state or the prison commissioners with respect to any repairs or addi- 
 tions which may appear to them to be necessary. 
 
 306. They shall inquire into the condition of prison labor, whether the industrial 
 employments provided are sufficient and of the kind most suitable for preparing 
 prisoners for earning their livelihood on release in their own localities. 
 
 307. They shall make an annual report at the beginning of each year to the secre- 
 tary of state with regard to all matters pertaining to the prison. Other reports may 
 be made during the year when they may deem it wise to do so. * * * 
 
 308. Permissions which they are authorized to make may be granted, withheld, or 
 discontinued as may seem to them expedient under the nature of the conditions. 
 
 309. They are requested to give such assistance as may be in their power toward 
 securing the proper disposal of any gratuities which may be earned by prisoners, 
 especially in places where there is no Discharged Prisoners' Aid Society, according 
 to such instructions as may from time to time be issued. 
 
 310. (1) When any juvenile offender imprisoned in the prison has been sentenced 
 to be sent to a reformatory school, and the particular school is not named at the 
 time of his sentence being passed, or within seven days thereafter, by the court who 
 sentenced him, then any member of the visiting committee may, at any time before 
 the expiration of the term of imprisonment, name the, school to which he is to be 
 sent, but shall endeavor to ascertain the religious persuasion to which the offender 
 belongs, and, so far as possible, select a school conducted in accordance with that 
 persuasion and shall specify that persuasion in his order. (2) If the parent, step- 
 parent, or guardian, or if there is none such, then the godparent or nearest adult 
 relative, of any juvenile offender who has been sent or is about to be sent to a 
 reformatory school which is not conducted in accordance with the religious persua- 
 sion to which the offender belongs applies to a member of the visiting committee of the 
 prison to which the offender was committed to send or to remove that offender to a 
 reformatory school conducted in accordance with the offender's religious persuasion, 
 that member of the visiting committee shall, upon proof of the offender's religions per- 
 suasion, comply with the request of the applicant, provided that — (a) The application 
 is made before the offender has been sent to a reformatory or within thirty days after 
 his arrival at school; and (b) the applicant shows to the satisfaction of the member 
 of the visiting committee that the managers of the school named by him are willing 
 to receive the offender. 
 
 311. The visiting committee shall also discharge such other duties as are assigned 
 to them in the special rules for special classes of prisoners and in the general rules 
 for the government of prisons. 
 
124 MODERN PBISON SYSTEMS. 
 
 Convict Prisons. 
 
 Board of visitors. — 176. The board of visitors appointed by the secretary of state 
 shall hold office three years. 
 
 177. Each board of visitors shall, at their first meeting, appoint a chairman. 
 
 178. Their powers shall not be affected by vacancies. The secretary of state shall, 
 as soon as possible, fill any vacancies by making new appointments. 
 
 179. They shall keep a book of minutes of proceedings. 
 
 180. One or more of them shall visit the prison once a month, and they must meet 
 as a board as often as possible. 
 
 181. They shall cooperate with the directors of convict prisons in promoting the 
 efficient working of the prison, and shall make inquiry into any matter specially 
 referred to them by the secretary of state or the directors and report their opinion 
 thereon. 
 
 182-189. (1) Same as rules for local prisons (288, 289, 292, 294, 295, 297, 307, .309). 
 (2) They are requested to devote special attention to those about to be discharged, 
 and to cooperate with the governor and chaplain in providing against relapse into 
 crime by communicating with the aid society of the district into which he is going, 
 or with some charitable person who will assist him to an honest living. * * * 
 
 190. They shall interest themselves in classification of prisoners as established by 
 prison rules, and in giving needed advice. * * * 
 
 Prison officers. — 87-97. (2) Same as rules for officers of local prisons in rules 96- 
 107. 
 
 97. (3) An officer occupying Government quarters shall not keep a shop or a 
 school, or let lodgings therein, nor shall any subordinate officer permit any person 
 not being a regular member of his family to remain for the night in his quarters 
 without the permission of the governor, which must be recorded in his journal. 
 
 98-113. Same as rules for local prisons (108-122). 
 
 Governor. — 114-151. Same as rules for governor of local prisons (rules 123-160). 
 
 Lady superintendent. — 152-156. Same as rules for matron in local prisons (161- 
 165). 
 
 IVEedical officer. — 157-175. Same as rules for medical officer in local prisons (166- 
 184). 
 
 RULES OF THE ESTABLISHMENTS, LOCAL AND CONVICT PBISONS. 
 
 Reception of Prisoners, 
 general rules foe the government of prisons ( local). 
 
 1. The general rules in this part shall be subject to the special rules as to particular 
 classes of prisoners. 
 
 Building's and cells. — 2. A cell shall not be used for the separate confinement of 
 a prisoner unless it is certified by one of Her Majesty's inspectors of prisons to be of 
 such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner 
 as may be requisite for health, and furnished with the means of enabling the pris- 
 oner to communicate at any time with an officer of the prison. 
 
 3. In every prison an infirmary or proper place for the reception of sick prisoners 
 shall be provided. 
 
 4. The wards, cells, and yards where females are confined shall be secured by locks 
 different from those securing the wards, cells, and yards allotted to male prisoners. 
 
 Admission, discharge, and removal. — 5. (1) Every prisoner shall be searched 
 on admission and at such times subsequently as may be directed, and all prohibited 
 articles shall be taken from him. (2) The searching of a prisoner shall be conducted 
 with due regard to decency and self-respect, and in as seemly a manner as is con- 
 sistent with the necessity of any concealed article. (3) No prisoner shall be searched 
 in the presence of another prisoner. 
 
 6. All money or other effects brought into the prison by any prisoner, or sent to 
 the prison for his use, which he is not allowed to retain, shall be placed in the custody 
 of the governor, who shall keep an inventory of them. 
 
 7. A female prisoner shall be searched by female officers In other respects the 
 same course shall be pursued in reference to the admission, removal, or discharge of 
 a female prisoner as in the case of a male prisoner. 
 
 8. The name, age, weight, height, features, particular marks, general appearance, 
 and manner shall be taken and recorded upon admission. * * * 
 
MODERN PEI80N SYSTEMS. 125 
 
 9. Every prisoner may, if required for purposes of justice, be photographed on 
 reception and subsequently; but no copy of the photograph shall be given to any 
 person unless he is officially authorized to receive it. 
 
 10. Every prisoner on admission shall be examined by the medical officer and a 
 record kept. * * * 
 
 11. Every prisoner, before being discharged or removed to another prison, shall 
 receive medical examination, and unless in fit condition shall receive no certificate 
 from the medical officer. * * * 
 
 12. Every prisoner shall take a bath on reception unless it is otherwise directed in 
 any particular case by the governor or medical officer. 
 
 13. If any prisoner is found to have any cutaneous disease, or to be infested with 
 vermin, means shall be taken effectually to eradicate and destroy the same. 
 
 14. After a prisoner is received at the prison an abstract of the rules relating to the 
 conduct and treatment of prisoners shall be read to him, and proper means be taken 
 by the governor for making him acquainted with the purport and effect of those 
 rules. 
 
 15. A prisoner shall be exposed to public view as little as possible while being 
 removed from or to the prison. In order to avoid exposure while passing through 
 the public streets, he shall, if necessary, be conveyed in a cab or other closed vehicle. 
 
 16. No payment made by a prisoner in part satisfaction of the sum adjudged to be 
 paid by him, in order to obtain the remission of a part of his imprisonment, as pro- 
 vided by section 9 of the prison act, 1898, shall be made on Sunday, or on a week day 
 before 9 a. m. or after 4 p. m. 
 
 Prisoners avraiting' trial. — 185. The following rules shall apply to any person 
 committed to prison for safe custody in any of the following circumstances: (a) On 
 his commitment for trial for any indictable offense; (6) pending the preliminary 
 hearing before justices of a charge against him of an indictable offense, or pending 
 the hearing of an information or complaint against him; (c) awaiting sentence. 
 
 186. A prisoner awaiting trial shall not be required to take a bath on reception, if, 
 on the application of the prisoner, the governor decides that it is unnecessary or the 
 medical officer states that it is for medical reasons unadvisable. 
 
 187. In order to prevent prisoners awaiting trial from being contaminated by each 
 other or endeavoring to defeat the ends of justice, they shall be kept separate and 
 shall not be permitted to communicate with each other. 
 
 188. Prisoners awaiting trial shall be kept apart from convicted prisoners and, 
 while attending chapel and at other times, shall, if possible, be placed so that they 
 may not be in view of the convicted prisoners. 
 
 189. The visiting committee shall, on the application of any prisoner awaiting trial, 
 if, having regard to his ordinary habits and conditions of life, they think such special 
 provision should be made in his case, permit him (1) to occupy, on payment of a 
 small sum fixed by the commissioners, a suitable room or cell specially fitted for such 
 prisoners, and furnished with suitable bedding and other articles in addition to or 
 difierent from those furnished for ordinary cells; (2) to take exercise separately or 
 with selected untried prisoners, if the construction of the prison permit it; (3) to 
 have, at his own cost, the use of private furniture and utensils suitable to his ordin- 
 ary habits, to be approved by the governor; (4) to have, on payment of a small sum 
 fixed by the commissioners, the assistance of some person to be appointed by the 
 governor, relieving him of the performance of any unaccustomed tasks or offices. 
 
 190. The visiting committee may also permit the governor to modify the routine 
 of the prison in regard to any prisoner awaiting trial so far as to dispense with any 
 practice which, in the opinion of the governor, is clearly unnecessary in the case of 
 that particular prisoner. 
 
 191. Any money in the hands of the governor belonging to a prisoner awaiting 
 trial may be applied to making special provision for his comfort, according to the 
 rules of special payment. * * * 
 
 192. The prisoner awaiting trial may Iiave books or other articles in his possession 
 at time of arrest, which may not be required in evidence against him, or are not sus- 
 pected as having been improperly acquired by him, or are not for some reason of 
 justice or discipline denied him. * * * 
 
 OFFENDERS OF THE FIRST DIVISION. 
 
 Admission and treatment. — 213. An offender of the first division shall be kept 
 apart from other classes of prisoners. 
 
 214. An offender of the first division shall not be required to take a bath on recep- 
 tion unless the governor or medical officer consider it imperative. 
 
126 MODERN PEISON SYSTEMS. 
 
 215. Offenders of the first division shall be searched only by an officer specially 
 appointed. * * * 
 
 216. (1) An offender of the first division shall be placed in a room appropriated to 
 prisoners of his class, except in case of infectious disease, when he shall be detained 
 until seen by the medical officer. * * * (2) An offender of the first division shall 
 at all times, except when at chapel or exercise, occupy the room or cell assigned to 
 him. 
 
 217. The visiting committee shall, on the application of any offender of the first 
 division, if, having regard to his ordinary habits and conditions of life, they think 
 such special provision should be made in respect to him, permit any such prisoner 
 (1) to occupy, on payment of a small fixed sum, a room or cell specially fitted for 
 such prisoners and furnished with suitable bedding and other articles in addition to 
 or different from those furnished for ordinary cells; -(2) to have, at his own cost, the 
 use of private furniture and utensils suitable to his ordinary habits, to be approved 
 by the governor; (3) to have on payment of a small fixed sum, the assistance of some 
 person appointed by the governor, relieving him of imaccustomed tasks. * * * 
 
 218. Any money in the hands of the governor belonging to any prisoner of the first 
 division may be applied for making special provision for him in respect of which 
 payment is by these rules required to be made. 
 
 Food and clothing. — 219. An offender of the first division shall be permitted by 
 the visiting committee to supply his own food on giving notice beforehand, bat he 
 shall receive no prison allowance in addition. * * * 
 
 220. Articles of food shall be received for offenders of the first division only at 
 fixed hours, and shall be inspected by the officers and subject to restrictions. * * * 
 
 221. An offender of the first division shall not, during the twenty-four hours, 
 receive or purchase more than one pint of malt liquor, fermented liquor, or cider, or, 
 if an adult, more than one-half pint of wine. 
 
 222. He shall be permitted to wear his own clothing unless it is unfit, and, if he 
 does not wear his own, the prison clothing shall be of a different color from that of 
 other classes of prisoners. * * * 
 
 223. When an offender of the first division wears his own clothing the medical 
 officer may order it disinfected. * * * 
 
 224. No offender of the first division shall be allowed to sell or transfer any article 
 allowed to be introduced for his use to any other person. 
 
 Cleanliness. — 225. An offender of the first division shall not be compelled to have 
 his hair or beard cut, except when the medical officer orders it cut for reasons of 
 health. 
 
 226-231. Same as riiles marked for prisoners awaiting trial. 
 
 OFFENDERS OF THE SECOND DIVISION. 
 
 232. An offender of the second division shall, as far as possible, be kept apart from 
 other classes of prisoners. 
 
 233. An offender of the second division shall, on reception, be required to take a 
 bath, unless the governor or medical officer deem it unadvisable. 
 
 234. An offender of the second division shall at all times, except when at chapel or 
 exercise, occupy the cell assigned. 
 
 235. An offender of the second division shall receive the allowance of food pre- 
 scribed for offenders of the first division who do not maintain themselves. 
 
 236-237. Same as rules for offenders of first division. 
 
 238. An offender of second division shall wear a prison dress of a different color 
 from that worn by other classes of prisoners. 
 
 239. An offender of the second division shall not be deprived of his mattress during 
 any part of his sentence except for misconduct. 
 
 240. An offender of the second division shall be employed at work of an industrial 
 or manufacturing nature, and can thus earn such remission of sentence and gratuity 
 as the rules allow. 
 
 241. Same as first-division offenders. 
 
 242. An offender of second division shall also be subject to any general rules, except 
 when they are inconsistent with the special rules relating to ottenders of the second 
 division. 
 
 OFFENDERS OF THE THIRD DIVISION. 
 
 243. Offenders of the third division will be treated under the general rules for the 
 government of prisoners. 
 
MODERN PRISON SYSTEMS. 127 
 
 Rules os' Conduct. « 
 
 Visits and communications (prisoners awaiting trial). — 207. (1) Provision 
 shall be made for the admission, under proper restrictions, of persons with whom 
 I>risoner8 awaiting trial wish to communicate, care beine taken that, so far as is con- 
 sistent, they shall see their legal advisers alone. * * * (2) Every prisoner await- 
 ing trial shall be permitted to see one or two persons at the same time for a quarter 
 of an hour on any week day during specified hours. (3) Exceptions for special 
 reasons may be made to this rule and the length of a visit be prolonged. * * * 
 (4) Every effort to effect privacy for both the prisoner and his friends during visits 
 shall be made. * * * 
 
 208. A prisoner awaiting trial shall be allowed to see his bona fide legal adviser on 
 any day of the week at any reasonable hour, and, if required, in the sight of but not 
 in the hearing of an officer. * * * 
 
 209. A prisoner awaiting trial because of default of bail shall be permitted to see 
 any frienc. at any reasonable time for the bona fide purpose of providing bail. 
 
 210. A reasonable amount of writing materials shall be provided a prisoner await- 
 ing trial. Any confidential written matter prepared for a legal solicitor may be 
 delivered to him personally without having been examined by the governor, but all 
 other letters must be subject to examination by the governor. * ' * * 
 
 211. A prisoner awaiting trial who is visited by a minister differing from the 
 Established Church shall not be compelled to attend any services except those of the 
 said persuasion, but, subject to foregoing provisions, they shall attend divine service 
 on Sundays and other days, unless excused by the governor. * * * 
 
 212. Prisoners awaiting trial shall be subject to any general prison rules, except so 
 far as they are inconsistent with the special rules relating to prisoners awaiting trial. 
 
 Visits and communications (convicts). — 72. (1) Communications between 
 prisoners and their friends by visits and letters will be allowed in accordance with 
 the following rules, subject to restrictions imposed for the maintenance of discipline 
 and order in the prison. (2) A prisoner will not be allowed to communicate with hia 
 friends when not entitled to do so by the rules, except by special permission, but, 
 under pressing or urgent circumstances not admitting of delay, the governor may grant 
 permission, which he shall record in his journal. (3) A convicted priso'ner, after 
 two months of the term of his sentence have expired, shall, provided his conduct 
 and industry have been satisfactory, be allowed to communicate with his relatives 
 and respectable friends by letter and to be visited by them in the prison, and this 
 privilege shall be gradually increased according to his conduct and industry until the 
 interval shall be reduced to one month. Not more than three persons shall be 
 admitted to visit a prisoner at one time. No other person shall be allowed to com- 
 municate with a prisoner except by special authority. These privileges may be for- 
 feited at any time for misconduct or breach of regulations of the prison. (4) In 
 addition to the above privileges the governor may allow any prisoner entitled to a 
 visit to write a letter and receive a reply in lieu of such visit, should his friends be 
 unable to visit him, and also to allow any prisoner to write a special letter and to 
 receive a reply under any of the following circumstances: (a) The death of a relative; 
 (6) to give instructions as to his business or urgent family matters; (c) to make 
 arrangements for obtaining employment or assistan ce from friends on release. ( 5 ) The 
 governor may communicate to a prisoner or his friends any matter of importance, in 
 case he should not be entitled to write or receive a letter. (6) A barrister or solici- 
 tor conducting any legal proceedings, in which the prisoner is a party, will be allowed 
 to see the prisoner with reference to the business, in the sight, but not in the hear- 
 ing, of an officer. (7) Male prisoners shall be visited in the presence of a male offi- 
 cer, female prisoners in the presence of a female officer. (8) No person shall be 
 allowed to visit a prisoner on Sunday, except in cases of emergency. 
 
 73. (1) The governor may demand the name and address of any visitor to a pris- 
 oner, and when he has ground for suspicion may search male visitors, and may direct 
 a female officer to search a female visitor, the search not to be in the presence of any 
 prisoner or other visitor, and in case of refusal the governor may deny him or her 
 admission. The governor shall record any such proceedings. * * * (2) If visi- 
 tors are suspected of bringing in or taking out of the prison articles for an improper 
 purpose, or that their conduct tends to subvert the discipline of the prison, the gov- 
 ernor may suspend their visits or remove them from the prison. In such cases 
 records must be made of the incidents. * * * 
 
 74. An officer of police may visit prisoners for the purpose of identification on 
 production of an order from the proper police or magisterial authority. 
 
 « Some of these rules are found in other sections, under other heads. 
 
128 MODERN PRISON SYSTEMS. 
 
 75. Every letter to or from a prisoner shall be read by the governor or deputy 
 governor, and if the contents are objectionable it shall not be forwarded, or the 
 objectionable part shall be erased. 
 
 76. Any person committed to prison in default of the payment of any sum which 
 in pursuance of any conviction or order he is required to pay shall be allowed to 
 communicate by letter with and to see any of his friends at any reasonable time for 
 the bona fide purpose of providing for the payment which would procure his release 
 from prison. 
 
 77. The governor shall, subject to the provisions of these rules, prevent all inter- 
 course or communication iDetween the prisoners, so far as the conduct of the business 
 of the prison or the labor of the prisoners will permit. The privilege of talking may 
 be given after a certain period as a reward for good conduct for a limited time and 
 under reasonable supervision. * * * 
 
 DiSCIPLINAEY MeASUKES (LoCAL PbISONS). 
 
 ClassifLcation and remission. — 34. All convicted prisoners, except offenders bf 
 the first and second divisions, shall be classified as follows: (a) Star class, to consist 
 of prisoners who have not been previously convicted of serious crime or who are not 
 habitually criminal or of corrupt habits; (6) ordinary class, to consist of prisoners 
 who have been previously convicted of serious crime or who are habitual criminals or 
 of corrupt habite; (c) juvenile offenders. 
 
 35. (1) A system of progressive stages shall be established with specific privileges 
 attached to each stage, and every prisoner shall have the opportunity of profiting by 
 this system. (2) A prisoner while in any stage shall be entitled to every privilege 
 attached to that stage, unless he forfeits any privilege as provided by this rule. (3) The 
 promotion of a prisoner from one stage to another shall be gained by industry, but it 
 maybe postponed for idleness or misconduct, or he maybe removed to a lower stage, 
 or he may forfeit any of the privileges of his stage. 
 
 36^ (1) A daily record of the industry of every prisoner shall be kept in marks, 
 the award of which shall be carefully supervised by the governor and deputy gover- 
 nor, and every prisoner shall, as a condition of becoming eligible for remission, earn 
 the required number of marks, and, in addition, any marks he may have forfeited 
 for misconduct. (2) Every prisoner shall also be required to earn as a condition of 
 obtaining promotion to a higher stage, the number of marks assigned to his existing 
 stage, and, in addition, any marks forfeited for stage. (3) Marks for remission ot 
 sentence not earned by industry, in consequence of physical or mental weakness or 
 illness, shall be granted in every case where it is certified by the medical oflicer that 
 the illness was actual and not feigned or was not the result of misconduct. 
 
 37. A convicted prisoner sentenced to imprisonment, whether by one sentence or 
 cumulative sentences, for a period exceeding six calendar months, shall be eligible, 
 by special industry and good conduct, to earn a remission of a portion of his imprison- 
 ment, not exceeding one-fourth of the period remaining after he has served six 
 calendar months, and on his discharge he shall be furnished with a certificate by 
 the governor that he has been released under section 8 of the prison act, 1898. 
 
 Offenses and punishments. — 78. No punishment or privation shall be awarded 
 to a prisoner by any officer except the governor, or, in his absence, the officer 
 appointed to act for him. 
 
 79. A prisoner shall be guilty of an offense against prison discipline if he (1) dis- 
 obeys any order of the governor or other officer, or any prison regulation; (2) treats 
 with disrespect any officer or person employed in the prison or works * * *; (3) 
 is idle, careless, negligent at or refuses to work; (4) is absent without leave from 
 divine service, or prayers, or school instruction; (5) is irreverent at divine service or 
 prayers; (6^ swears or uses abusive, insolent, threatening, or other improper lan- 
 guage; (7) IS indecent in language, act, or gesture; (8) commits a common assault 
 upon another prisoner; (9) converses or holds intercourse with another prisoner 
 without authority; (10) makes any unnecessary noise or gives unnecessary trouble 
 * * *; (11) leaves his cell or place at work without permission; (12) disfigures or 
 damages any part of the prison or any article to which he has access; (18) commits 
 any nuisance; (14) has in his cell or possession any article he is not allowed to have; 
 (15) gives to or receives from any prisoner any article without leave; (16) in any 
 other way offends against good order and discipline; (17) attempts to do any of the 
 foregoing things. 
 
 80. The governor may examine any person touching any alleged offense against 
 prison discipline and determine thereupon and punish the offense. 
 
 81. For any offense with which the governor may deal he may order a prisoner 
 to be punished by (a) close confinement for any period not exceeding three days; 
 
MODERN PRISON SYSTEMS. 129 
 
 (6) reduction from a higher to a lower stage or delay of promotion for a, period not 
 exceeding fourteen days * » *; (c) deprivation of mattress for any period not 
 exceeding three days for idleness or refusing to work; (d) forfeiture of remission of 
 sentence for a period not exceeding seven days. 
 
 82. If any prisoner is charged with a serious or repeated offense for which the 
 punishment the governor is authorized to inflict is insuflicient, the governor shall 
 report the same to the visiting committee, empowered, after inquiry into the same 
 on oath, to order the offender to be punished. The offenses referred to are (1) per- 
 sonal violence to a fellow-prisoner; (2) grossly offensive or abusive language to any 
 officer or servant of the prison; (3) willfully breaking the prison windows or other 
 property; (4) when under punishment, willfully making any disturbance interrupt- 
 ing the order of the prison * * *; (5) any other act of gross misconduct requir- 
 ing to be suppressed by extraordinary means; (6) escaping or attempting to escape 
 from the prison. 
 
 83. The visiting committee, or one of them, may order a prisoner to be punished 
 by (a) close confinement for a period not exceeding fourteen days; (6) No. 1 diet for 
 ill-conducted and idle prisoners for a period not exceeding fifteen days, with inter- 
 vals as indicated in the rules for dietaries; (c) No. 2 diet for ill-conducted and idle 
 prisoners for a period not exceeding forty-two days, with intervals as indicated in 
 rules for dietaries; (^d) reduction from a higher to a lower stage or postponement of 
 promotion for a period not exceeding twenty-eight days; (e) forfeiture of remission 
 of sentence for a period not exceeding fourteen days. 
 
 84. (a) If any prisoner is charged with (1) mutiny or incitement to mutiny, 
 (2) grossly offensive or abusive language to any officer or servant of the prison, the 
 governor shall report to the visiting committee, and the chairman shall summon 
 three or more members of the committee and inquire into the charges according to 
 § 5 of the prison act, 1898, determining the punishment under their power, as set 
 forth in rule 83, or, in the case of a male prisoner under sentence of penal servitude, 
 or convicted of felony, or sentenced to hard labor, by corporal punishment, in addi- 
 tion to or in lieu of any of those punishments. * * * (6) Whenever an order for 
 corporal punishment is made, the authorities by whom the order is made shall fur- 
 nish to the commissioners, for transmission to the secretary of state, a copy of the 
 notes of evidence and a report of the sentence and of the grounds on which it was 
 passed, and such order shall not be carried into effect until it has been confirmed by 
 the secretary of state. 
 
 85. A prisoner shall not be punished until he has had an opportunity of hearing 
 the charges and evidence against him and of making his defense, 
 
 86. The governor shall enter in the punishment book a statement of the nature 
 of any offense punished by him or the visiting committee, with the name of the 
 offender, the date of offense, and the punishment inflicted, and the report shall be 
 submitted to the commissioners every week. 
 
 87. Dietary punishment shall not be inflicted on any prisoner, nor shall he be 
 placed in close confinement, nor shall corporal punishment be infiicted unless the 
 medical officer has certified that the prisoner is in a fit condition of health to vmdergo 
 the punishment. 
 
 88. All corporal punishments in the prison shall be attended by the governor and 
 the medical officer in order to prevent injury to health. The governor shall record 
 the hour of punishment, the number of lashes given, and any orders he or the med- 
 ical officer may have given. * * * 
 
 89. Corporal punishment, in the case of a prisoner over 18 years of age, shall be 
 inflicted either with a cat o' nine tails or with a birch rod, and be approved by the 
 secretary of state. 
 
 90. The number of laahes given a prisoner over 18 years of age shall not exceed 
 thirty-six, or, on a prisoner under 18 years of age, eighteen. 
 
 91. The order for corporal punishment shall be entered on the records, together 
 with the number of lashes to be given and the instrument to be used. * * * 
 
 92. (1) No prisoner shall be put under mechanical restraint except in cases of urgent 
 necessity, and notice must be given to the visiting committee, and no prisoner shall 
 be kept under restraint more than twenty-four hours without an order in writing 
 from a member of the visiting committee, which order shall be preserved by the 
 governor as his warrant. (2) Irons or other means of restraint shall not be used 
 except of such patterns and in such manner as may be approved by the secretary of 
 state. (3) No prisoner shall be put in irons or under mechanical restraint as a 
 punishment. 
 
 Sentence of death. — 93. Prisoners under warrant or order for execution shall 
 immediately upon arrival be searched by or by the orders of the governor, and all 
 articles dangerous or inexpedient for them to retain shall be taken from them. They 
 
 H. Doc. 452 9 
 
130 MODERN PRISON SYSTEMS. 
 
 shall be confined in a cell apart from all others and day and night be under constant 
 charge of an officer. Such dietary and exercise shall be allowed as is directed by the 
 commissioners. The chaplain or prison minister shall have free access to them. 
 With these exceptions no person not being an officer of the prison or a member of 
 the visiting committee, shall have access to them except by special order of the 
 prison commissioner. 
 
 94. During the preparation for an execution and the 'time of the execution no 
 person shall enter the prison unless legally entitled to do so. * * * 
 
 95. (1) A prisoner under sentence of death may be visited by such of his relations, 
 friends, and legal advisers as he desires to see, and are authorized to visit him by an 
 order in writing from a member of the visiting committee. (2) If any person make 
 it appear to a member of the visiting committee that he has important business to 
 transact with a prisoner under sentence of death, that member may grant permission 
 in writing to that person to have a conference with the prisoner. 
 
 Offenses and punishments (for convict prisons). — 71-85. Same as rules in local 
 prisons (78-92). 
 
 86. (1) Any prisoner who assaults or attempts to assault any person, or who escapes 
 or attempts to escape, may, by order in writing of a director, be made to wear a 
 distinctive uniform, and be restrained in leg chains or cross irons for any period not 
 exceeding six months. (2) For violence or insubordination a prisoner may, if nec- 
 essary, be restrained by the governor in handcuffs for not more than twenty-four 
 hours; or in the case of an invalid prisoner, with the concurrence of the medical 
 officer, by the body belt; and the use of these restraints shall be recorded by the 
 governor in his journal. (3) Irons or other means of restraint shall not be used 
 except of such patterns and in such manner as may be approved by the secretary of 
 state. 
 
 Industry (Local Prisons). 
 
 38. A prisoner may be employed in the service of the prison, but not in the dis- 
 cipline, or in the service of any officer or servant or other prisoner. 
 
 39. (1) Every male prisoner, not being a juvenile offender, if sentenced to hard 
 labor, shall, for twenty-eight days, or for length of sentence if it is less than twenty- 
 eight days, be employed in strict separation and for not more than ten nor less than 
 six hours per day, exclusive of meals. If his sentence is more than twenty-eight 
 days, and his conduct is good, labor less hard and in company maj be given him, 
 and he shall be eligible for all the privileges of promotion. No prisoner shall per- 
 form labor for which he is unfit, if so certified by the medical officer. * * * (2) 
 An aged prisoner in weak health, or any prisoner in physical or mental infirmity, 
 shall hot be placed in cellular isolation or employed in such work as to aggravate 
 their infirmity. * * * 
 
 40. A prisoner shall be required to work not more than ten nor less than six hours 
 a day, exclusive of meals, unless the medical officer certifies that he is physically 
 unfit, and shall be liable to punishment for neglect of work. He shall be employed 
 on some useful industry and in association and entitled, during good conduct, to "the 
 privileges to be gained by industry under the progressive stage. system. * * * 
 
 41. The labor of all prisoners shall, if possible, be productive and the trades and 
 industries taught and carried on shall, if practicable, be such as may fit the prisoner 
 to earn his livelihood on release. 
 
 42. Every female prisoner sentenced to hard labor shall be kept at labor not more 
 than ten nor less than six hours a day for the length prescribed, unless the medical 
 officer certifies that she is unfit; regard being had to the advice of the visiting com- 
 mittee or Discharged Prisoner's Aid Society. 
 
 43. (1) On Sunday, Christmas, Good Friday, and General Fast or Thanksgiving 
 days, the employment of a prisoner shall be confined to what is strictly necessary 
 for the service of the prison. (2) A Jewish prisoner shall not be compelled to labor 
 on his Sabbath or on such days of festival as may be prescribed. 
 
 44. The medical officer shall occasionally examine those under hard labor sentence 
 and shall record and report the name of any whose health may be endangered by a 
 continuance at hard labor and the prisoner shall be relieved until such Ume as the 
 medical officer shall dictate. * * * 
 
 Care of Health. 
 
 [See additional items under duties of physician.] 
 
 33. A prisoner shall be required to keep himself clean and decent in person and to 
 conform to such regulations as may be laid down for that purpose, 
 
MODERN PRISON SYSTEMS. 131 
 
 45. A prisoner when employed in cellular or indoor work shall, when practicable, 
 be permitted to take exercise daily in the open air for one hour, or for a longer 
 period when the health requires it. Means shall be provided, if possible, for exercise 
 to be taken under cover in wet weather. * * * 
 
 PEISONEKS AWAITING TRIAL. 
 
 Food, clothing, and bedding. — 193. An untried prisoner may procure for him- 
 self at proper hours, food, malt liquor, clothing, bedding, etc., subject to examina- 
 tion and the rules approved by the commissioners; such articles may be paid for out 
 of money belonging to the prisoner and in the hands of the governor. If a prisoner 
 awaiting trial does not provide himself with food he shall receive the allowance 
 given to prisoners awaiting trial by the prison rules. 
 
 194. A prisoner awaiting trial may, if he choose, wear the prison dress, and shall 
 be required to do so if his own clothing is unfit, or necessary to be preserved for the 
 purposes of justice. The dress for untried prisoners shall be of a diflerent color from 
 that of convicted prisoners. * * * 
 
 195. When a prisoner awaiting trial wears his own clothing the medical officer may 
 order them disinfected. * * * 
 
 196. If a prisoner awaiting trial prefers to provide his own food for any meal he 
 shall give notice beforehand at the time required, but he shall not be allowed the 
 usual prison meal in addition. * * * 
 
 197. Articles of food shall be received only at such hours as are prescribed. 
 They shall be inspected by the officers and subject to restrictions to prevent waste. 
 
 198. A prisoner awaiting trial shall not purchase more than one pint of malt liquor, 
 fermented liquor, or cider in twenty-four hours, or, if an adult, half a pint of 
 wine. * * * 
 
 199. No prisoner awaiting trial shall sell or transfer any article whatsoever allowed 
 to be introdiiced for his use to any other person, and any transgression of this rule 
 will prohibit the purchase of any such article for such a period as the commissioners 
 shall name. * * * 
 
 Cleanliness. — 200. A prisoner awaiting trial shall not be compelled to have either 
 his hair or beard cut, unless for reasons of uncleanliness, and then shall be cut only 
 so short as necessity requires. * * * 
 
 201. The beds of prisoners awaiting trial shall be made, and the rooms and yards 
 in their occupation be swept every morning. The furniture and utensils in their use 
 shall be kept in order. An assistant may be secured to do this under the rules of 
 the prison. * * * 
 
 202. If any prisoner awaiting trial is out of health and desires attendance of his 
 usual physician, he may secure him at his own expense and after approval of the 
 visiting committee. 
 
 CONVICT PBISON. 
 
 16. No spirituous liquors of any kind shall be admitted for the use of any prisoner 
 under any pretense whatever, except in pursuance of special rules, or of a written 
 order of the medical officer, specifying the quantity admitted and the name of the 
 prisoner for whom it is intended. This rule shall not apply to any stock of liquors 
 kept in the prison for the use of the infirmary and under control of the medical 
 officer. 
 
 17. Except by special authority of the directors or for medical reasons, smoking 
 shall not be allowed in the prison. * * * 
 
 18. Sufficient wholesome food shall be supplied each prisoner, according to a scale 
 of diet, regard being had to sex, age, and employment. * * * 
 
 19. Complaints to be made in regard to diet must be heard by the officer as soon 
 as the food is placed before the prisoner, and repeated groundless complaints shall 
 be treated as a breach of discipline. * * * 
 
 21. The governor shall consult the medical officer respecting the quaUty of food 
 furnished the prisoners. 
 
 22. A prisoner shall not be allowed wine, beer, or other fermented liquor unless 
 under treatment in the infirmary and ordered by the medical officer, who shall keep 
 record of amount prescribed and for whose use intended. * * * 
 
 23. Every prisoner shall be supplied with a complete prison dress, sufficient for 
 warmth, and shall be required to wear it. 
 
 24. Any clothing belonging to a prisoner which may be received into a prison may 
 be disposed of, and on his discharge he shall be supplied with suitable clothing. 
 
 25. Each prisoner shall usually occupy a cell by himself by day and by night. If, 
 under special circumstances, it is necessary that prisoners be associated, not fewer 
 
132 MODERN PRISON SYSTEMS. 
 
 than three prisoners may be located in one room, in which each shiall be supplied 
 with a separate bed. 
 
 26. Every prisoner shall be supplied with sufficient bedding. Additional clothing 
 and bedding may be issued during severe weather or in special cases, as the medical 
 officer may prescribe. * * * 
 
 27. A male prisoner may not be required to sleep without a mattress except as a 
 punishment. 
 
 Cleanliness. — 28. (1) A prisoner shall be required to keep himself clean and 
 decent in his person and to conform to the regulations for that purpose. (2) Every 
 prisoner shall obey the rules regarding washing, bathing, and hair cutting. * * * 
 
 (3) A prisoner shall not be stripped or bathed in the presence of another prisoner. 
 
 (4) Each prisoner shall keep his cell, utensils, books, and other articles issued for 
 his use, and his clothing and bedding clean and neatly arranged, and shall clean and 
 sweep the yards, passages, and other parts of the prison as directed. 
 
 40. A prisoner, when employed in cellular or indoor work, shall, when practicable, 
 be permitted to take exercise daily in the open air for an hour or for any longer 
 period which the medical officer may deem necessary for his health, having regard 
 to the nature of the work and the state of health of any particular prisoner. 
 
 [Eddcation. 
 
 46. No chaplain shall officiate in any prison until he has obtained a license from 
 the bishop of the diocese in which the prison is located, nor for a longer time than . 
 while the license is in force. * * * 
 
 47. (1) Service of the established church shall be read daily by the chaplain, or in 
 his absence by a person authorized by the commissioners. * * * (2) On each Sun- 
 day the chaplain shall read prayers and preach a sermon in the chapel both morning 
 and evening. Also on Christmas, Good Friday, and on fast days as prescribed. 
 * * * (3) The chaplain shall administer the holy sacrament of the Lord's supper 
 on suitable occasions to such prisoners as desire it. * * * (4) Prisoners shall 
 attend prayers whenever performed, unless excused by the governor or visiting com- 
 mittee. 
 
 48. The chaplain shall report any abuse or impropriety in the prison which comes 
 to his knowledge. 
 
 49. The chaplain shall keep a record of occurrences connected with his duties and 
 make such reports as may be ordered. 
 
 50. The chaplain shall make an annual report soon after the 31st of March, of the 
 moral and religious conditions in the prison, and the result of the instruction given 
 in the school. He may make suggestions for improvement in the service and need 
 not reserve this for the annual report. * * * 
 
 51. The chaplaia shall attend the prison daily, recording the times of his arrival 
 and departure, as well as of his attendance in chapel and the duties performed. 
 
 52. (1) The chaplain shall see and admonish the prisoners on admission and dis- 
 charge. He shall visit them during the period of their sentence and endeavor to 
 promote their reformation. * * * (2) The chaplain shall read prayers to the sick 
 in the infirmary daily, and shall daily visit any prisoner under punishment. 
 
 53. The chaplain shall read the burial service at the funeral of any prisoner of the 
 established church who may die in the prison. * * * 
 
 54. The chaplain may, in conjunction with the governor, use his best endeavors to 
 provide employment for prisoners after their discharge. 
 
 55. The chaplain shall pay particular attention to a prisoner under orders for 
 execution or committed on a charge punishable with death. 
 
 56. In case of absence the chaplain shall name a substitute, or may invite an assist- 
 ant in the discharge of his duties, subject to the approval of the commissioners. 
 « * * 
 
 57. The chaplain shall conform in every respect to the rules and regulations of the 
 prison. * * * 
 
 59. Any prisoner desiring a visit from a minister not of the established church may 
 receive such visits at proper times and subject to the prison rules and regulations. 
 
 60. A prison minister shall be made acquainted with the names of all prisoners of 
 his persuasion and such other particulars as shall aid him in performance of his 
 duties. 
 
 61. Hours shall be set apart when a prison minister may visit prisoners of his 
 persuasion, but he shall not hold communication with any other than those of his 
 own persuasion. 
 
 62. A prison minister shall, so far as practicable, see and admonish every prisoner 
 of his persuasion, both on admission and on discharge. 
 
MODERN PRISON SYSTEMS. 133 
 
 63. A prison minister shall visit the sick prisoners of his persuasion and also those 
 who are under punishment. * * * 
 
 64. He shall pay particular attention to those prisoners of his faith who are under 
 order of death. * * * 
 
 65. He shall have access to the catalogue of books to be issued to prisoners, and 
 no book to which he makes objection shall be given to any prisoner of his persuasion. 
 
 66. He shall conforrh to the rules of the prison and shall not interfere with the 
 working of them, but shall support the governor in the maintenance of discipline and 
 order. 
 
 67. No books or printed papers shall be admitted into any prison unless approved 
 by the commissioners, and no books intended for religious instruction in the estab- 
 lished church without the approval of the chaplain; in cases of difference of opinion 
 the reference shall be submitted to the bishop, whose decision shall be final. All 
 books admitted into the prison for the religious instruction of those not belonging to 
 the established church shall be submitted to the minister of their persuasion for 
 approval. The governor shall keep a catalogue of books and printed papers admitted 
 into the prison. 
 
 68. Each prisoner shall be furnished with a Bible and prayer book, such as is 
 approved for the denomination to which he belongs. 
 
 Instruction. — 69. (1) Provision shall be made in every prison for the instruction 
 of prisoners in reading, writing, and arithmetic, during such hours as may be 
 appointed. It will be the duty of the chaplain to give daily his personal superin- 
 tendence to that instruction. (2) Every prisoner eligible for instruction shall be 
 kept from labor and be under instruction not less than four hours each week. 
 
 70. (1) A library shall be provided in each prison, consisting of books approved 
 by the commissioners, and no books other than those supplied to the prison library 
 shall be permitted for the use of prisoners, except in pursuance of special authority. 
 (2) A prisoner, during the first month of his sentence, shall be allowed books of 
 instruction in addition to the usual religious books. (3) A prisoner, after the first 
 month of his sentence, shall, in addition to the usual books of instruction, secular 
 and religious, be allowed library books, and the frequent exchange of such books 
 shall be allowed, according to his conduct and industry. 
 
 71. Prisoners who do not profit by the instruction afforded them may be deprived 
 of any privileges in the same way as if they had been idle or negUgent at labor. 
 
 CONVICT PBISONS. 
 
 41-66. Same as rules for local prisons (46-71). 
 
 CARE OF DISCHARGED PRISONERS. 
 
 189. The board of visitors are requested to give such assistance as may be in their 
 power toward securing the proper disposal of any gratuities which may be earned 
 by prisoners, especially in places where there is no discharged prisoner's aid society, 
 according to such instructions as may from time to time be issued. 
 
 15. Any gratuity granted to a prisoner on his discharge may be paid through a 
 prisoner's aid society or in such manner and under such conditions as the directors 
 may order for the purpose of preventing its being misapplied. 
 
 APPENDIX. 
 
 Rules fob Debtors. 
 
 Admission, discharge, and removal. — 244. Any persons imprisoned for default 
 in payment of a debt, including a civil debt, recoverable summarily or in default, or 
 in lieu of distress to satisfy a sum of money adjudged to be paid by order of a court 
 of summary jurisdiction, when the imprisonment is to be without hard labor, shall 
 be classed as debtors and treated under the following rules: 
 
 245. A debtor prisoner shall not be associated with criminal prisoners. 
 
 246. He shall not be required to take a bath on reception imless the governor or 
 medical officer shall so order for medical reasons. 
 
 247. He shall at all times, except when at chapel or exercise, occupy the cell 
 assi^ed to him. 
 
 Food, clothing, and bedding. — ^248. A debtor prisoner shall receive the allow- 
 ance of food prescribed for offenders of first division who do not maintain themselves. 
 
134 MODEEW PKISON SYSTEMS. 
 
 249. Clothing rules: Same as for first division offenders. 
 
 250. Rules for cleanliness: Same as for first division offenders. 
 
 251. The beds of debtors shall be made and surroundings kept clean daily by 
 them. * * * 
 
 252. A debtor shall work at his own trade, provided it does not interfere with 
 prison regulations. He shall receive all his earnings save the cost of his 
 maintenance. * * * 
 
 Health. — 253. Debtors may exercise and associate with one another mornings and 
 afternoons for certain periods. 
 
 Visits and cominunications. — 254. Same as rale for visits for offenders of first 
 division. 
 
 255. In applying to a debtor prisoner the general rule 76 any request from the 
 legal adviser, wife, or, relative of such debtor to visit such debtor is to be granted at 
 any reasonable hour of the day. 
 
 256. The place in which debtors receive visits shall not be the same as that in 
 which criminal prisoners receive their visits if any other suitable place can be 
 provided. 
 
 257. Debtor prisoners shall also be subject to any general rules made by the sec- 
 retary of state for the government of prisons, except so far as the same are inconsistent 
 with the special rules relating to debtors. 
 
 Rules foe Juvenile Offenders Awaiting Trial. 
 
 258. (1) All prisoners under the age of 16 who are under remand or awaiting trial 
 shall be formed into two divisions, being classed by the governor and chaplain: (a) 
 Those who have not been in prison before and who are well conducted in prison, 
 who shall be kept separate from (6) those who have been in prison before or who 
 misbehave in prison. (2) Any prisoner who declares himself to be more than 16 
 years of age, but who, in the opinion of the governor and medical oflicer, should not 
 be placed among adult prisoners, shall be classed as a juvenile offender. * * * 
 
 259. Every unconvicted juvenile prisoner in division (a) shall be confined as little 
 as possible, and may have the door of his cell open between 6 a. m. and 6 p. m. with 
 the approval of the governor, chaplain, or medical officer. A juvenile prisoner 
 shall not enter the cell of any other prisoner. * * * 
 
 260. Unconvicted juvenile prisoners shall be allowed two periods of exercise daily 
 in walking, physical drill without arms, or garden work, but shall be kept apart 
 from other prisoners. * * * 
 
 261. Unconvicted juvenile prisoners' shall receive one hour of instruction daily by 
 the schoolmaster. Those in division (a) shall be kept separate from those in division 
 (6). Any prisoner who can not read shall be read to from suitable books. 
 
 262. The governor and chaplain shall encourage industry in unconvicted juvenile 
 prisoners. They may work at their own trades or at one pursued in the prison. If 
 the latter, he shall be remunerated according to rule 206 for those awaiting trial. * * * 
 
 263. A special set of books shall form a library for the unconvicted juvenile prison- 
 ers. Picture books shall be provided for those who can not read. 
 
 264. These rules shall apply, as far as practicable, to juvenile female prisoners 
 under 16 years of age. 
 
 265. Unconvicted juvenile prisoners shall be subject to the rules for prisoners 
 awaiting trial and to any general prison rules, unless inconsistent with the special 
 rules for juveniles awaiting trial. 
 
 Rules for Juvenile Offenders under Conviction. 
 
 266. (1) Every prisoner under the age of 16 shall be classed as a juvenile offender. 
 
 (2) Those who have not been in prison before and are well behaved shall be kept 
 separate from those who have been in prison before or who misbehave in prison. 
 
 (3) Same as for unconvicted. 
 
 267. If the sentence is for one month or upward, a juvenile offender shall be located 
 in a prison in the district in which accommodation is set apart for juvenile offenders. 
 If the sentence is for less than one month he shall be retained in the prison to which 
 he has been committed, but in a part separate from the adult prisoners. 
 
 268. A juvenile prisoner shall take exercise, receive school instruction, and be 
 seated in chapel apart from and, if possible, out of sight of adult prisoners, with 
 whom he shall on no occasion come into contact. 
 
 269. In the case of a juvenile offender the ordinary prison discipline shall be 
 mitigated in the following manner: (a) He shall not be compelled to sleep without 
 a mattress; (6) he shall be allowed a special library as well as books of instruction 
 
MODERN PEISON SYSTEMS. 135 
 
 throughout his sentence; {"c) he may be employed in association with other juve- 
 nile ofienders in workshojjs or in outdoor work; (d) he shall be instructed in a trade 
 which may be useful to him on release; and (e) he shall, if physically fit, be exer- 
 cised daily at physical drill in lieu of, or in addition to, walking exercise. * * * 
 
 270. A ]uvenile offender may be allowed by the visiting committee to receive extra 
 visits, if they are desirable and calculated to improve his moral welfare and future 
 career. 
 
 271. Whenever a child under 14 years of age is committed to prison, the governor 
 shall report it the same day to the under secretary of state, home office, unless by 
 warrant of commitment the child is ordered to be detained in a reformatory or indus- 
 trial school. 
 
 272. The chaplain shall devote individual attention to the juvenile prisoners, and 
 in cooperation with the visiting committee and discharged prisoners' aid society, to 
 make every possible provisionfor their protection and care on discharge. 
 
 273. Before a juvenile is discharged the governor shall inform his relatives and 
 friends of the exact time of discharge, that they may receive him; but if they are 
 known to be aiding him in evil courses, and some suitable person is willing to take 
 care of him, and the prisoner consents, the friends shall not be notified. * * * 
 
 274. Convicted juvenile offenders shall also be subject to any general prison rules 
 except so far as they are inconsistent with the special rules for juvenile offenders 
 under conviction. 
 
 PENITENTIARY REGULATIONS, 1899. 
 
 Official Ohganization. 
 
 [Extract from a report of the committee of the honorable the privy council, approved by his excel- 
 lency on the '26th of November, 1898.] 
 
 On a report dated 16th September, 1898, from the minister of justice, stating that 
 by § 15 of^the penitentiary act it is provided that "the inspector shall, subject to the 
 approval of the governor in council, make rules and regulations for the management, 
 discipline, and police of the penitentiaries, * * * and may, with such approval, 
 annul, alter, or amend the same." 
 
 The minister therefore recommends that the rules and regulations adopted by 
 orders in council of the 30th June, 1887, and 16th January, 1888, respectively, be 
 annulled, and that the attached regulations, which have been submitted to him by 
 the inspector of penitentiaries, be adopted and prescribed as the rules and regulations 
 for the government of the several penitentiaries in the Dominion of Canada. The 
 committee submit the same for your excellency's approval. 
 
 Appointment and retirement. — 1. The minister of justice shall exercise com- 
 plete administrative power in connection with the selection of officers, and may 
 appoint or dismiss any officer or employee; provided always that as regards the 
 appointment of a warden, deputy warden, chaplain, surgeon, or accountant, such 
 action shall be subject to the concurrence of the Governor-General in council. 
 
 2. No person shall be employed as an officer of the prison who is not able to read 
 and write with faciUty, or who can not readily apply the elementary rules of 
 arithmetic. 
 
 3. The father, brother, or son of any officer shall be ineligible for appointment as 
 an officer of the same institution. 
 
 4. No one shall be eligible for appointment as guard whose age exceeds 35 years, 
 and all appUcants must pass a satisfactory medical examination and be certified by 
 the prison surgeon to possess the physical stature and other qualifications prescribed 
 by the inspector. 
 
 5. The minister shall fix, within the limits of the existing statutory schedule, the 
 salary to be paid to each officer. 
 
 6. In the retirement of an officer or employee from the service the minister may 
 authorize the payment of a gratuity, within the limits provided by the penitentiary 
 act and amenchnents thereto. 
 
 Residence and grounds. — 7. The warden and deputy warden shall reside where 
 the minister of justice directs. 
 
 aDocuments kindly furnished by Mr. Douglas Stewart, inspector of penitentiaries, Ottawa, Canada. — 
 C. JR. H. 
 
136 MODERN PBIBON SYSTEMS. 
 
 8. Their families and servants shall avoid intercourse with convicts, under penalty 
 of expulsion from the penitentiary premises. 
 
 9. Under no circumstances shall a convict be permitted to enter the private quar- 
 ters or residence of an officer. 
 
 10. The warden or deputy warden, or any other officer who from his duties may 
 be compelled to reside upon the prison premises, shall occupy such residence free of 
 rent. 
 
 11. Such buildings and grounds may be kept in repair and order at prison expense, 
 but no convict labor shall be rendered to any officer except upon requisition, and in 
 that case shall be paid for by the officer. Destruction of houses or grounds arisii^ 
 through negligence or fault shall be charged to the officer in residence. * * * 
 
 12. No livestock or poultry not the property of the prison shall be kept on the 
 penitentiary reserve. 
 
 13. The government will not furnish any house or quarters for occupation by any 
 officer. 
 
 TTniform. — 14. Every officer, on duty, shall wear uniform clothing of such style as 
 the inspector and the minister shall direct. Such uniform maybe furnished at prison 
 expense. * * * 
 
 15. Uniform is to be worn only during the time the officer is on duty. If any 
 officer is known to have worn his uniform when off duty, or by negligence, or misuse 
 destroys any article of uniform, such article shall be replaced at his expense. 
 
 16. All articles of uniform are the property of the prison, and when condemned 
 shall be disposed of to the best possible advantage to the institution. 
 
 Warden. — 18. The warden shall not absent himself from the prison for more than 
 twenty-four hours without leave. In case of absence he shall notify the deputy 
 warden, in writing, before leaving the prison. 
 
 19. He shall report to the inspector any officer physically, morally, or otherwise 
 unfit, and shall frequently examme the members of the staff as to their knowledge 
 of the rules of their duties. * * * 
 
 20. He shall not employ nor permit to remain any officer who does not possess the 
 qualifications required by rule 2, without reporting the fact to the inspector. 
 
 21. He may, upon emergency, employ temporary police, but only for the time of 
 the emergency, and report shall be made to the inspector. * * * 
 
 22. He shall be responsible for the conduct and efficiency of every officer and em- 
 ployee, and for the proper administration of every department of the prison. * * * 
 
 23. He shall have power to impose a fine on any officer for misconduct; the 
 amount shall not exceed one month's salary, and shall be approved by the inspector 
 and the minister. * * * 
 
 24. He shall see that all implements used in every department are properly cared 
 for, and shall keep record of all articles issued to heads of departments. * * * 
 
 25. He shall promptly forward to the inspector all letters and memoranda placed 
 in his hands for that purpose by either officers or comacts, accompanying them with 
 such remarks as he may wish. He shall also forward all charges which may be 
 made against officers or employees, together with a report of his action, or recommend- 
 ation, in each case. 
 
 26. He shall report by telegraph, and by first mail in writing, anythingof an extraor- 
 dinary or serious nature that may occur. 
 
 27. The annual report of the warden shall be accompanied by such reports and 
 returns as the inspector may direct. 
 
 28. He shall be responsible for the preservation and safe-keeping of all books, doc- 
 uments, and correspondence in connection, with the business and administration of 
 tl>e prison. 
 
 29. The warden shall enter into no contract affecting the interests of the prison 
 without the sanction of the minister of justice. Supplies for the prison shall be 
 obtained by contract whenever practicable to do so. 
 
 30. He shall exactthefaithfulfulfiUmentof contracts. Shouldthere beany default 
 on the part of a contractor in not furnishing supplies of the quantity, kind, or qual- 
 ity contracted for, the warden shall (upon the refusal or neglect of the contractor to 
 do so, after being duly notified) purchase the article or articles, and the excess of 
 price over contract rates shall be charged against the contractor. 
 
 31. He shall visit every part of the prison premises as frequently as possible, and 
 be responsible for the proper and judicious assignment of labor He shall examine 
 all passes returned to him by the gate keeper. 
 
 32. He shall satisfy himself every evening before leaving the prison that all is 
 safe, and that proper provision is made for the safe-keeping and comfort of the con- 
 victs during the night. 
 
 33. He shall see that the victuals issued to the convicts are of wholesome quality, 
 properly cooked, and served. 
 
MODEEJSr PRISON SYSTEMS. ' 137 
 
 34. He shall, daily, deliver all letters to convicts, which have been approved, and 
 shall receive and forward all letters which the convicts desire to transmit, within the 
 limits of prescribed rules. * * * 
 
 •35. When a convict arrives, the warden shall, before giving a receipt therefor, have 
 him examined by the surgeon. If the convict be admitted, he shall explain to him 
 the rules of the prison regarding conduct, and the provision for the remission of sen- 
 tence as a reward for good conduct and industry. * * * He shall cause a complete 
 inventory to be made of every article found upon him, and a description thereof to 
 be entered in the ' ' prisoners' effects book. " All cash must be deposited in a chartered 
 bank to the credit of the warden and the accountant — jewelry and other valuables 
 deposited in the prison safe or vault — clothing and other effects returned to the 
 prisoner's friends, destroyed, or handed over to the custody of the chief keeper, as 
 the warden may direct. 
 
 36. He shall report at once to the chaplain, under whose spiritual charge a convict 
 is to be placed, his name, number on the register, crime, and period of sentence. He 
 shall take due care that the religious opinions of convicts are not interfered with or 
 made the subject of comment or ridicule. 
 
 37. He shall see that there is eflScient police control of the convicts when at chapel. 
 
 38. The warden, on receipt of complaint, shall hear the statement of the convict and 
 communicate his decision in writing to the deputy warden. 
 
 39. He shall see that two convicte do not occupy the same cell. * * * 
 
 40. When he issues orders for the staff, such orders shall be posted in the "order 
 book," and a copy sent to the inspector. He shall see that such orders do not con- 
 travene existing regulations. * * * 
 
 Deputy warden. — 41. The deputy warden shall maintain, generally, the police 
 and discipline of the prison, and exercise supervision of the officers and convicts, 
 and take every precaution for the security of the prisoners. He shall report to the 
 warden, in writing, every neglect of duty or impropriety on the part of any officer. 
 When any complaint is submitted he shall ascertain all details in connection with 
 the matter and report the facts, with his recommendations, to the warden. * * * 
 
 42. Subject to the warden's concurrence he shall assign to every police officer the 
 duty to be performed by him during the day, a record being kept in the "roster." 
 He shall also keep a "daily labor sheet," showing the location of every officer and 
 convict during working hours, and see that no work is performed except for the 
 prison. 
 
 43. Before the safety bell is rung he shall see that all the convicts are accounted 
 for, and on the closing of the prison shall see that all keys are in the safety box. 
 
 44. He shall visit the prison at uncertain hours during the night to see that all 
 night officers are on the alert. 
 
 45. He shall promptly report to the warden any police officer absent from roll call 
 and any other officer who is not on duty at the proper hour, and also report any 
 officer who appears on duty in an untidy or unbecoming manner. 
 
 46. He shall see that the arms are at all times in good order and ready for service. 
 He shall see that police officers are properly armed and equipped with ammunition 
 for the duties assigned them; that the police officers annually undergo a course of 
 instruction in the use of rifle and revolver; and he shall conduct the regular target 
 practice and report results. 
 
 47. He shall not permit any book, paper, or newspaper to be read by any officer 
 while on duty in or about the prison. 
 
 48. Twice a month, with the blacksmith instructor, he shall examine all locks, 
 fastenings, and gratings in the prison, reporting their condition, in writing, to the 
 warden. 
 
 49. He shall see that nothing is allowed near the inclosing walls, or is otherwise 
 accessible to convicts, that can facilitate escape. He shall see that all ladders are 
 properly secured. 
 
 50. In prisons where there is no chief keeper that office shall devolve upon the 
 deputy warden. 
 
 51. The deputy warden, upon being notified, in writing, by the warden, at any 
 time, of his intended absence, shall assume the duties of the warden and exercise 
 all the functions of that officer during his absence. 
 
 Surgeon. — 52. Upon the arrival of a convict the surgeon shall examine him 
 to see if he is diseased, has mental or physical defect, and if he has been vacci- 
 nated. If not vaccinated, it shall be done at once. Facts shall be reported to the 
 warden. * * * 
 
 53. He shall attend to the hygiene and cleanliness of the prison and prisoners, 
 to the ventilation of the dormitories, workshops, and other buildings, and to the 
 water supply and drainage. Monthly reports shall be given to the warden. 
 
 54. His books shall be kept subject to inspection by the inspector or warden. 
 
138 MODEEN PRISON SYSTEMS. 
 
 55. When the case requires a post-mortem examination it shall be done at once 
 and a written report submitted. * * * 
 
 56. In times of present or threatening epidemic he shall have power to direct, by 
 written report to the warden, such change in the general diet of the prisoners as he 
 may consider advisable. 
 
 57. In case of any serious operation requiring consultation or assistance, he shall 
 rejport the facts to the warden, in order that the services of another medical prac- 
 titioner may be obtained. 
 
 58. He shall be responsible for the custody of all medical supplies and instruments, 
 and be prepared to account, in detail, for such at any time. 
 
 59. He shall attend the officers and employees of the prison free of charge. 
 
 Chaplains. — 60. A chaplain shall confine his religious instruction to those con- 
 victs who have been placed under his charge, and shall make no attempt, directly 
 or indirectly, to proselytize any convict. 
 
 61. He shall be diligent in visiting convicts at all reasonable times (subject to 
 approval of the warden) in their cells, hospital or chapel, and in imparting to them 
 such instructions as may be helpful in promoting their spiritual welfare, moral refor- 
 mation, and obedience to the regulations of the prison. 
 
 62. He shall write no letters for a convict, except with the permission of the 
 warden. 
 
 63. Keligious services shall be held on each Sunday, at such hours as the warden, 
 with the approval of the inspector, may indicate. 
 
 64. Ordained clergymen of any religious denomination shall be allowed, at times 
 convenient to be fixed by the warden, to visit the penitentiary for the religious 
 instruction of such convicts as may be adherents' of the same denomination as the 
 clergymen so visiting. 
 
 Accountant. — 65. An accountant shall attend at his office from 9 a. m., until 5 
 p. m., and at such other hours as may be necessary. 
 
 66. For each article in every account presented for payment, he shall, see that a 
 proper requisition has been issued to the storekeeper, and that the storekeeper has 
 accounted for the article in his stock book. He shall check and revise the calcula- 
 tions and extensions. 
 
 67. All vouchers for payment of money shall be made in triplicate and the original 
 invoice returned to the storekeeper. Before payment of the account he shall see 
 that the orders for the goods are delivered up. 
 
 68. He shall examine the time books and shop books, weekly, to see that they are 
 correctly kept, and shall charge in a book to be kept for that purpose, the amount 
 of convict labor expended upon any alteration, improvement, repair, or additions to 
 any of the buildings, works, machinery, drains, farm, gardens, or other property of 
 the penitentiary, so, that the precise value of convict labor, used in such undertaking, 
 may be ascertained and recorded. 
 
 69. Directed by the warden he shall be responsible for the order and preservation 
 of all accounts, vouchers, documents, or valuables intrusted to him, and for all 
 books of his department. 
 
 70. He shall make out statements of accounts at such times aa required by the 
 warden, or the accountant of penitentiaries. 
 
 71. He shall be diligent in collecting all debts due to the penitentiary. 
 
 Chief trade instructor. — 72. The chief trade instructor, directed by the warden, 
 shall have the direction of the work in the shops and works of construction or repairs 
 carried on by the various trades. * * * 
 
 73. All requisitions for material or machinery in connection with the trades must 
 be initiated by the chief trade instructor before presentation to the warden. 
 
 74. All requisitions for work required from the shops shall, after approval by the 
 warden, be handed to the chief trade instructor who shall enter the order in the 
 books of the shop in which the work is to be done and see that the work is properly 
 and promptly executed. 
 
 75. He shall keep such books as may be necessary and be prepared at all times to 
 furnish any estimate or statements required by the inspector or the warden. 
 
 76. It will be his duty to report to the.warden any neglect of duty or inefficiency 
 on the part of the instructors under his control. 
 
 Chief keeper. — 77. He shall render assistance to the deputy warden in maintain- 
 ing the discipline of the prison. * * * 
 
 78. He shall be responsible for the order and cleanliness of the prison, the clothing 
 and cleanliness of the convicts, and make requisitions for all necessary supplies in 
 this connection. 
 
 79. He shall see that all clothing, bedding, and utensils are properly marked and 
 that no convict has in his possession any article to which he is not entitled or which 
 bears an improper mark. 
 
MODERN PRISON SYSTEMS. 139 
 
 80. He shall have charge of the "officer's default book" and "prisoner's offense 
 book." All reports of discipline shall be handed to the chief keeper who, after mak- 
 ing the preliminary entry in his books, shall transmit such report to the deputy war- 
 den. When the report has been acted upon it must be returned to the chief keeper 
 to be entered and filed. 
 
 81. He shall take charge of male convicts upon their arrival and see that they are 
 properly bathed, clothed, and provided with cell accommodations. 
 
 82. He shall have charge or the "prisoner's effects books" and of such articles 
 belonging to male convicts as are not otherwise disposed of. 
 
 83. He shall have control of the bathroom, laundry, and change rooms, and shall 
 see that the hair clipping and shaving of the convicts are properly attended to. 
 
 84. _ Every evening after the safety bell has rung he shall inspect the shops and 
 buildings within the prison inclosure to see that all is safe and in proper condition. 
 He shall then make sure that the outside guards are on duty. 
 
 Engrineer. — 85. He shall be responsible for the steam and electric service, heat- 
 ing, lighting, water service, and sewers of the prison. 
 
 86. He sna,ll from time to time report to the warden his views as to necessary 
 changes and improvements in the works under his control, and be prepared at any 
 time to submit a detailed estimate and specifications in connection therewith. 
 
 87. All requisitions for supplies for his department must be initiated by him, before 
 presentation to the warden. 
 
 88. Electricians, firemen, sewage overseers, and other employees of the engineer's 
 department shall carry out the instructions of the warden and engineer. 
 
 Storekeeper. — 89. He shall purchase and have custody of all goods and supplies 
 for the penitentiary until issuea for consumption. * * * 
 
 90. He shall purchase no article for the penitentiary for special departments with- 
 out a signed requisition from its officer and the warden. * * * 
 
 91. It shall be his duty before submitting any requisition to the warden for 
 purchases, to personally inspect the balance in the hands of the officer making the 
 requisition, and should he deem the purchase unnecessary, he shall report to the 
 warden. * * * 
 
 92. He shall receive all goods, materials, fuel, and stores of every kind. He shall 
 weigh or measure the same on their delivery. He shall inspect the quality, check 
 the items on the invoice, check the calculations, and certify whether or not the 
 items are correct, and agree with the requisition. 
 
 93. He shall hand to the accountant every account for goods, after having checked 
 and certified to its correctness; and shall be careful to preserve and index all original 
 invoices. 
 
 94. He shall keep a detailed account of all supplies issued to the various depart- 
 ments, showing date, quantity, and cost. 
 
 95. When articles are manufactured or produced in the penitentiary, they shall be 
 entered in the stockbook of the department manufacturing them, and then delivered 
 to the storekeeper, who shall make a corresponding entry in his stock book. He 
 shall fix the price of prison products supplied to the steward. 
 
 Steward. — 96. The steward shall have charge of the victualing department, includ- 
 ing the kitchen, cellars, and other places where provisions are kept, and all passages 
 leading thereto. 
 
 97. He shall keep detailed account of the quantities and value of all supplies 
 received by him, and of all supplies used by him, the price of prison products being 
 fixed by the storekeeper. 
 
 98. He shall see that all provisions received by him are kept, until used, in such 
 condition as to prevent their becoming injured in quality. He shall take care that 
 no bad or unsound provisions are cooked or furnished to the prisoners. 
 
 99. He shall be in the prison not later than half past 6 o'clock in the morning in 
 winter, nor 6 o'clock in summer, to supervise the preparation of breakfast. He shall 
 be present at all meals. 
 
 Warden's clerk. — 100. He shall be available for duty at any time that he may be 
 required by the warden, and shall perform such duties as may be assigned to him by 
 that officer or by the inspector. 
 
 101. He shall carefully file and preserve all books, letters, and documents connected 
 with the warden's office. 
 
 102. From the confidential nature of his duties, he shall be held unworthy of his 
 position, if, without authority, he divulges, directly or indirectly, any matter that 
 may come to his knowledge in connection with the affairs of the prison. 
 
 Hospital overseer and schoolmaster. — 103. He shall, under the direction of 
 the surgeon, have charge of convicts in hospital, and other male convicts under 
 treatment. He shall see that the prescriptions and directions of the surgeon with 
 regard to medicine, treatment, and diet are strictly adhered to. 
 
140 MODERN PKI80M SYSTEMS. 
 
 104. He shall take care that no convict is allowed within the dispensary, or has 
 access to any of the medicines or medical comforts therein. 
 
 105. In his capacity as schoolmaster he shall instruct the convicts in their cells, 
 and conduct such classes in the elementary principles of education as the warden 
 may indicate, at such hours as may be fixed by the warden with the concurrence of 
 the inspector. 
 
 106. Where an assistant is provided, the division of duties shall be such as the 
 warden and surgeon may establish. 
 
 Matron. — 107. She shall keep a "prisoners' effects book" and preserve such arti- 
 cles belonging to the female convicts as are not otherwise disposed of. 
 
 108. She shall keep a "conduct and industry book" and a "workbook," and shall 
 give those under her charge all needful instruction in their work. 
 
 109. She shall allow no work to be done by the convicts, except for the female 
 prison, without a proper requisition therefor. 
 
 110. She shall admit no male visitor, nor any male officer of the prison, except the 
 warden, deputy warden, surgeon, and chaplains, without the written order of the 
 warden. 
 
 Farm instructor. — 111. The farm instructor shall, under direction of the warden, 
 have the custody and control of the farm, stables, farm implements, and piggery, 
 and shall conduct all work in connection with the farm and the housing of its 
 products. 
 
 112. He shall be responsible for any loss that may accrue through his neglect to 
 provide for the safekeeping and preservation of property under his control. 
 
 113. He shall keep account in detail of all expenditure and returns in connection 
 with his department. 
 
 Trade instructors. — 114. They shall observe the rules laid down for the guidance 
 of officers in general and carry out all orders received from the warden and chief 
 trade instructor. 
 
 115. They shall be held responsible for the proper use of the material supplied 
 them and for any want of economy which they may permit to take place in connec- 
 tion with their departments, respectively. 
 
 116. They shall be in attendance in the morning and after dinner in time to receive 
 the convicts when they go to work. 
 
 Keepers. — 117. Keepers shall promptly and vigilantly carry out the orders of the 
 warden and of their superior police officers. They shall be held responsible for the 
 correctness of the "locking-up report" which they furnish to the deputy warden. 
 
 Guards., — 118. Guards shall promptly and vigilantly carry out the orders of the 
 warden and of their superior officers, and be held responsible for the custody, indus- 
 try, and treatment of convicts placed in their charge. 
 
 Gate keeper. — 119. The gate keeper must be vigilant in guarding against surprise 
 and stratagem on the part of convicts. Where there are two sets of gates, he should 
 not permit the outer and inner ones to be open at the same time. He must never 
 permit anyone to go out of the gate until he has ascertained that he was properly 
 admitted. 
 
 120. He shall permit no convict to pass out unless in charge of an officer. 
 
 121. He shall permit no article to be taken out without a pass which shall bear on 
 its face a description of the article and the reason for passing it. He shall daily 
 transmit to the warden all passes presented and accepted. Passes for implements or 
 materials for prison use outeide the walls should be signed by the head of the depart- 
 ment requiring them and initialed by the warden, deputy warden, or chief keeper. 
 All other passes should be signed by the accountant and initialed by the warden. 
 
 122. He shall examine all vehicles entering to ascertain that nothing improper is 
 carried therein, and be equally particular on their departure to see that no convict is 
 concealed therein and that no prison property is clandestinely carried out. 
 
 Offi.cers generally. — 123. Every officer when on duty shall wear his uniform and 
 present a clean a,nd orderly appearance. If within hearing of the alarm bell, he shall 
 hasten to the prison when it is rung. 
 
 124. Every officer in charge of convicts shall be furnished with a memorandum 
 book, in which he shall note daily the conduct and industry of the prisoners under 
 his charge. 
 
 125. A monthly return shall be made to the chief keeper by such officers, repre- 
 senting the conduct and industry of the convicts. This return must be prepared with 
 care and impartiality, in order that the convicts may be dealt with in exact accordance 
 with the spirit of the statute. 
 
 126. Should an officer become ill on duty, he shall immediately notify the warden, 
 deputy warden, or chief keeper, in order that a substitute may be provided. 
 
 127. An officer who absents himself from duty without providing a satisfactory cer- 
 tificate from the surgeon shall not be entitled to salary for the time so lost, and, in 
 
MODERN PKISON SYSTEMS. 141 
 
 addition, he shall be liable to such fine or penalty as the warden, with the minister's 
 concurrence, may impose. 
 
 128. If any officer reports for duty under the influence of liquor, fall asleep on duty, 
 have undue relations with any convict, be guilty of gross neglect of duty, or give to 
 or receive from any convict, directly or indirectly, any contraband article, or do any- 
 thing else unbecoming an officer of the institution, he shall be dismissed. 
 
 129. Officers shall not make the affairs of the penitentiary the subject of conversation 
 beyond the precincts of the prison, nor make them known to any person outside, 
 under penalty of dismissal. 
 
 130. Every officer and servant of a penitentiary must understand that the warden 
 has the right to exact his services in any capacity for which he may consider such 
 officer or servant qualified. 
 
 131. No officer shall censure another officer or hold unnecessary conversation with 
 him in the presence of a convict. Special care should be taken that convicts do not 
 become acquainted with the business of the prison. 
 
 132. No keeper or guard shall leave his post without written order of the warden, 
 deputy warden, or chief keeper, and no other officer shall leave his post without 
 the written authority of the warden. 
 
 133. Whenever it may be necessary for a superior officer to countermand or change 
 an order given by an inferior officer, notice shall be given verbally, or sent in writing, 
 promptly to the officer by whom the original order was given. 
 
 134. If an officer be guilty of a neglect or disregard of his duty, it shall be incumbent 
 upon any officer knowing of such neglect to report the same to the warden, under 
 his oath of office, without fear or favor. 
 
 135. An officer shall not have familiarity with any convict, nor permit any to be 
 used toward himself. 
 
 136. No officer is permitted to strike a convict except in self-defense, to suppress 
 revolt, prevent escape, or as a punishment in pursuance of the regulations. 
 
 137. No officer shall permit a convict under his charge to leave his gang, nor per- 
 mit one not placed in his charge to join his gang, without the written order of the 
 warden, deputy warden, or chief keeper. 
 
 138. In their intercourse with convicts officers shall maintain a firm and dignified 
 demeanor under any provocation. 
 
 139. Should a convict appear to be attempting escape it shall be the duty of the 
 officer to order him to go to his work. Should the convict refuse, alarm shall be given 
 by the readiest means, and should the convict still endeavor to effect escape the officer 
 shall aim at him and fire so as to wound or disable him, if possible. Officers will 
 bear in mind that life is to be put in hazard only under circumstances of positive 
 necessity, and that under no other circumstances shall they discharge their firearms 
 at a convict. 
 
 140. When a convict is taken ill at work the officer in charge shall send him to 
 the hospital in care of a guard who will at once report the fact to the warden. 
 
 141. Officers shall not use profane, indecent, or abusive language toward convicts, 
 or in their presence, or about the prison. * * * 
 
 142. No officer shall, without authority, recognize any convict after his discharge, 
 nor make him known to others, to his injury. 
 
 Kecord and account .books. — 153. They shall be such as the inspector, or the 
 accountant of penitentiaries, may direct. 
 
 Survey board. — 154. Officers in charge of departments shall be held responsible 
 for every article given to them, until it shall have been condemned by the survey 
 board. 
 
 155. The storekeeper, chief trade instructor, and farm instructor (or such other 
 officers as the inspector may indicate) , shall form a "survey board," whose duty it 
 shall be to determine whether any article is unserviceable or not. 
 
 156. The board shall consider whether the articles should be repaired, used for 
 any other purpose, sold or condemned, and lay their recommendation before the 
 warden. 
 
 157. They shall keep a record of all articles submitted to them, and of their 
 recommendations with regard to them. 
 
 Treatment of Convicts. 
 
 In the Canadian penitentiary regulations many of the rules under this head are 
 found among the duties and requirements of the officials. In order to save reprint- 
 ing them references are made in the proper places under "Official organization," 
 above. The paragraph numbers of the original document are retained. 
 
 Inspection of new convicts. (See paragraphs 35, 36, under "Official organiza- 
 tion, "above.) 
 
142 MODEBN PBISON SYSTEMS. 
 
 Identification. — 184. The warden shall carry out instructions regarding the meas- 
 urement of habitual offenders and other convicts serving sentence for serious 
 
 crimes. 
 
 * * 
 
 185. He shall promptly iill in and transmit to the proper oflBcer all prescribed 
 forms and returns in this connection, and give all possible aid to the officer of the 
 Bureau of Identification. 
 
 ] 86. The officers to whom the details of identification of convicts shall be assigned 
 shall be the hospital overseer and the steward, or such others as the inspector shall 
 designate. * * * 
 
 Classification of convicts. — 181. Convicts who have not been known to have 
 been previously convicted ot any offense, and who are not serving under conviction 
 for murder, manslaughter, burglary, rape, arson, or any unnatural or heinous crime, 
 or for attempt to commit such offense, may be separated in so far as practicable from 
 other convicts, under such regulations as the inspector, with the concurrence of the 
 minister, may establish. 
 
 182. Such convict shall be distinguished by a metal star upon the collar of his coat 
 or blouse. 
 
 183. Any convict who has been placed in this class and who seriously violates 
 prison rules shall be deprived of the privilege, and shall thereafter be ineligible for 
 reinstatement in this class. 
 
 Rules op Conduct. 
 
 Many rules of conduct are printed above, under the heading ' ' Ofiicial organization. ' ' 
 
 165. A severe punishment shall be inflicted upon a convict who shall supply, or 
 attempt to supply, any convict under punishment with provisions or anything else. 
 
 166. Every convict shall keep his person and clothing as neat and clean as the char- 
 acter of his work will permit. 
 
 167. Every convict who shall approach the officers and servants of the penitentiary 
 shall do so in a respectful manner, and must implicitly obey their orders without 
 comment or hesitation. 
 
 168. He shall not leave the gang to which he has been attached without permission. 
 
 169. No convict shall be permitted to speak to another convict, nor to any officer 
 or servant of the institution, except from necessity or with respect to the work at 
 which he is employed; nor shall he, except by permission, speak to any visitor or 
 look away from his work when a visitor is present. 
 
 170. A convict shall not write to another convict, nor make any sign to him; nor 
 shall he give another any offense. * * * 
 
 171. No two or more convicts shall be together out of the sight or the easy hearing 
 of an officer. Every convict shall be at all times under charge of an officer, who shall 
 be responsible for his safe keeping. 
 
 172. No convict, unless by permission and in the presence of an officer, shall enter 
 the cell of any other convict. 
 
 173. Whistling, shouting, indecent behavior, or other improper conduct, injury to 
 property, idleness or negligence at work, or willful mismanagement of it, will render 
 a convict liable to punishment. 
 
 Disciplinary Measures. 
 
 158. Convicts whose conduct and industry are exceptionally good may, after six 
 months' service, be awarded remission of sentence as provided by statute. 
 
 159. Remission time forfeited by a convict can not be re::tored. 
 
 160. A convict who forfeits all his remission time earned may begin to earn short 
 time again from the expiry of his punishment. 
 
 161. Should a convict forfeit all his remission twice during any term of imprison- 
 ment, he shall not be allowed short time until he shall have given evidence of refor- 
 mation and proved himself deserving. 
 
 162. The warden is authorized to dejirive a convict of not more than thirty days 
 of remission for any offense against prison rules. For the forfeiture of any longer 
 period it will be necessary to obtain the sanction of the minister. 
 
 163. Every convict who attempts to escape, breaks prison, attempts to break prison, 
 breaks out of his cell, or makes any breach therein, with intent to escape, or assaults 
 any officer or servant of the prison, shall forfeit all remission which he has earned, 
 and proceedings shall be taken for his prosecution in the courts, and further punish- 
 ments may be inflicted according as the case may warrant. * * * 
 
 164. Any money or other article, not the property of the institution, found in the 
 possession of any convict, at any time after reception, shall be forfeited to the officer 
 who discovers it, and the convict shall be liable to punishment. * * * 
 
MODEBN PBISON SYSTEMS. 143 
 
 176. The remission of sentence authorized by statute shall, for every month, be 
 such as the warden maj^ determine according to the good conduct and industry of 
 the convict; but no remission shall be allowed until after the expiry of the first six 
 months of imprisonment. 
 
 177. A convict whose conduct is satisfactory may be allowed the privilege of 
 being visited by the members of his family once in three months, and of writing to 
 his family once in two months, the stationery and postage being supplied by the 
 warden. 
 
 178. He shall also, should he request it, receive permission to see the inspector 
 during his visits to the institution. 
 
 Funishmeiits. — 179. The following punishments may be inflicted upon male con- 
 victs: (a) Diet of bread and water not exceeding 21 consecutive meals; (6) hard bed, 
 with or without blankets, according to the season, not exceeding one month; (c) ball 
 and chain or Oregon boot; (d) confinement in the isolated cells, with such diet as the 
 surgeon shall pronounce sufficient; (e) flogging with a leather paddle under the 
 restrictions set forth in the penitentiary act regarding corporal punishment; (/) 
 shackled to the ceU gate during working hours; (g) the application of water from the 
 hose in the presence of the warden; (h) forfeiture of remission of sentence. 
 
 180. The following punishments may be inflicted on female convicts: (a) Diet of 
 bread and water not exceeding six consecutive meals; (6) hard bed, with or without 
 blankets, according to the season, not exceeding six consecutive nights; (c) diet of 
 bread and water not exceeding six consecutive meals, combined with hard bed not 
 exceeding six consecutive nights; (d) penal or separate cell, with such diet as the 
 surgeon shall declare sufficient; (e) forfeiture of reVnission of sentence. 
 
 Care of Heam;h. 
 
 Food. — See paragraph 33, above. 
 
 Medical and surgical care. — See paragraphs 52-59, above, under duties of 
 surgeon. 
 Duties of hospital overseer. — See paragraphs 103-106, above. 
 
 Education. 
 
 Keligion. — See paragraph 36, above; also paragraphs 60-64, duties of chaplain. 
 
 Teclmical instruction. — See paragraphs 72-76, duties of chief trade instructor; 
 farm instructor, paragraphs 111-113, above; trade instructors, paragraphs 114:-116. 
 The schoolmaster is also hospital overseer. (See paragraph 105, above.) 
 
 174. All convicts who upon their reception declare themselves to be Eoman Catholic 
 shall be placed under the spiritual charge of the Roman Catholic chaplain; all 
 others shall be placed under that of the Protestant chaplain, and every convict shall 
 be obliged to attend the chapel services unless exempted by the written order of the 
 warden. * * * 
 
 175. Every convict shall attend the services of the chapel to which he has been 
 assigned, and shall not be allowed to change from one to another without written 
 authority of the inspector. 
 
 UNITED STATES OF AMERICA. 
 
 CENTRAL ORGANIZATION OF PENAL INSTITUTIONS. 
 
 General outline. — There is no "prison system " in the United States. The Fed- 
 eral Government has prisons of various grades for its civil courts, its Army, and its 
 Navy. Each of the States in the Union has its general and local prisons and makes 
 its own laws and regulations, within constitutional limitations, without regard to the 
 Federal Congress or to the legislatures of other States. Territorial governments are 
 under the control of the Congress of the United States. 
 
 ORGANIZATION OF THE FEDERAL PRISONS. 
 
 United States Penitentiary at Fort Leavenworth, Kansas: Rules and regulations, 
 1899. 
 
 Law and Organization of the Institution. 
 
 Origfin of regulations. — These rules and regulations are promulgated by the 
 Attorney-General (under act of March 3, 1891). The warden is ordered to see that 
 they are enforced. 
 
144 MODERN PRISON SYSTEMS. 
 
 Object of the institution (p. 5). — ^Used for the conflnement of persons convicted 
 in the United States courts of crimes against the United States and sentenced to 
 imprisonment in a penitentiary, or convicted by courts-martial of offenses now pun- 
 ishable by confinement in a penitentiary and sentenced to terms of imprisonment of 
 more than one year. 
 
 Governing authority. — (Act of March 3, 1891, § 4.) That the control and man- 
 agement of said prisons be vested in the Attorney-General, who shall have power to 
 appoint a superintendent, assistant superintendent, warden, keeper, and all other 
 officers necessary. He shall also have authority to promulgate such rules for the 
 government of the officials of said prisons and prisoners as he may deem necessary 
 and proper. 
 
 Officers of the institution — Warden. — The warden, in the performance of his 
 duties as chief executive officer of the United States Penitentiary, shall be guided by 
 the law and by such rules and orders as may be promulgated by the Attorney-General 
 of the United States for the government of the penitentiary. 
 
 The orders of the warden shall be cheerfully and implicitly obeyed by all subordi- 
 nate officers under his charge, and he shall have power to suspend, and, for flagrant 
 violation of orders or failure in the performance of duty, he may dismiss subordi- 
 nates, subject to the approval of the Attorney-General. 
 
 It is the duty of the warden to see that all rules and regulations pertaining to all 
 departments of the penitentiary are firmly and impartially enforced. 
 
 The deputy -warden. — ^The deputy warden is the assistant and agent of the warden 
 in the general government and management of the penitentiary, more particularly in 
 matters of discipline of its officers and prisoners. He shall attend daily at the peni- 
 tentiary from the hour of unlocking in the morning until after the prisoners shall 
 have been locked up at night. 
 
 In the absence of the warden from the penitentiary the deputy warden shall per- 
 form his duties, and shall not leave the penitentiary until the warden returns. He 
 shall not be absent from the penitentiary premises at any time during the day, when 
 the prisoners are out of their cells, without first obtaining leave from the warden. 
 He shall visit the penitentiary occasionally during the night by surprise, and person- 
 ally ascertain that the prisoners are all secure, and that the officers are on duty and 
 alert. Under the orders of the warden he shall have special control and direction of 
 the guards, foremen, and other employees of the penitentiary, and shall be respon- 
 sible that every one performs his respective duties with intelligence, fidelity, and zeal. 
 And it shall be his duty to report to the warden, strictly and promptly, every neglect 
 of duty, impropriety, or misconduct on the part of any officer. He shall report to 
 the warden the name of every officer coming upon duty under the influence of intox- 
 icants orwithout being in uniform. He shall not grant leave of absence to any officer 
 for a longer period than one day without consulting the warden, except in cases of 
 emergency. He shall enforce obedience to the penitentiary rules and reflations, 
 and to all orders given from time to time by the warden, and shall maintain gener- 
 ally the police and discipline of the penitentiary with the strictest exactness, for which 
 purpose he shall frequently, during the day, at irregular periods and without notice, 
 visit the- shops, yard, hospital, kitchen, cells, and other apartments of the peniten- 
 tiary, and the different places where work is in hand, taking every precaution for the 
 security of the penitentiary and prisoners, seeing that the officers are vigilant and 
 attentive to their duties, and that they keep the prisoners under them diligently 
 employed during their hours of labor. He shall not permit any book, pamphlet, or 
 newspaper to be read by any officer, nor to be in his possession, while on duty in or 
 about the penitentiary. 
 
 When a prisoner is received the deputy warden shall see that he is properly 
 bathed, clothed in a penitentiary suit, and duly inspected by the physician and 
 vaccinated. He shall then read and explain to him the rules and regulations for 
 the government of prisoners, give him his privilege tickets, and assign him to 
 duty under the direction of the warden. He shall at short intervals examine the 
 locks, levers, and gratings in and about the entire penitentiary, and see that they are 
 in good condition. He shall exercise due vigilance, to see that there is no embezzle- 
 ment of the property of the penitentiary, that not only no willful waste, but also no 
 want of economy in the necessary consumption or the use of supplies takes place, 
 without making such known to the warden immediately. He shall consider it his 
 duty to make himself acquainted with the social habits and conduct of every subor- 
 dinate officer and employee, and particularly whether, when off duty, he is a fre- 
 quenter of saloons or other houses of similar resort, or associates with idle or loose 
 characters, and report the facts to the warden. He shall see that no material is 
 allowed to be placed near the inclosing walls, and that nothing is accessible to pris- 
 oners which can facilitate escape. He shall especially see that ladders are properly 
 
MODERN PRISON SYSTEMS. 145 
 
 secured. He shall have a vigilant eye over every person who may have business 
 about the penitentiary, to see that nothing is carried in or out for a prisoner; and so 
 far as he can, that no communication of any description is attempted by such person 
 with any prisoner, except by authority, and in the presence of an officer. He shall, 
 every evening, before relieving the guards from duty, verify by actual count the 
 written daily count report furnished him from the office. 
 
 As the acts of Congress afford to prisoners the privilege of earning diminution of 
 their sentence, it will be incumbent upon all the officers of the penitentiarj' to give 
 the strictest attention to the conduct and character of every prisoner, his industry, 
 alacrity, and zeal in the execution of his work so that the deputy may be able to 
 advise with the warden as to the recommendations to be made in case of each con- 
 vict. And for this purpose he shall communicate freely with every officer in charge 
 of prisoners when makmg his rounds. 
 
 The deputy warden shall, under orders of the warden, investigate all reports of 
 offenses committed by prisoners and make disposition of the same. In these investi- 
 gations the deputy warden shall be careful in endeavoring to arrive at the truth 
 concerning each case. In awarding punishment he shall take into consideration 
 the age, previous conduct, habits, and disposition of the offender, so far as he may 
 be able to ascertain the same; and in the administration of punishment he shall take 
 special care to deprive it of all appearance of personal vindictiveness, even under 
 great provocation, at the same time making it sufficiently severe, without cruelty, to 
 secure the end desired. He shall make daily written report to the warden of all 
 prisoners reported to him, the nature of their offenses, and of all punishments 
 awarded or administered. 
 
 The only disciplinary punishments of prisoners allowed to be administered in this 
 penitentiary are: Taking from prisoners one or all of their privilege tickets, reduc- 
 tion in grade, solitary confinement on short rations of bread and water, handcuffing 
 to grated cell door at the height of his breast. Corporal punishment of any kind is 
 prohibited. 
 
 Captain of the day watch. — The captain of the day watch shall attend daily at 
 the penitentiary from the hour of unlocking in the morning until after the prisoners 
 have been locked up at night. He shall assist the deputy warden in the discharge 
 of his duties whenever called on by him, and in the absence of the deputy warden 
 from the penitentiary he shall perform all the duties incumbent upon that officer. 
 He shall assist the deputy warden in maintaining and executing the rules of govern- 
 ment of the penitentiary, and report to him any violation of the same, by either the 
 officers or prisoners, that may come under his notice. He shall keep, mornings and 
 evenings, the time of officers on duty during the day, and report the same to the 
 clerk on the 1st of each month. He shall attend the daily sick call, accompany 
 prisoners who are to see the physician from the different workshops to the hospital, 
 and ordering them to sick call or on duty, as the physician may direct. He shall 
 have charge of the annory, assigning guards and keepers their arms and accouter- 
 ments, and seeing that everything belonging to the armory, including the special 
 supply of lanterns, is in good condition and serviceable at a moment's notice. He 
 shall inspect the arms and equipments of the guards at least once a week, and report 
 any officer whose rifle or equipments are not in good . order. He shall frequently 
 inspect all the arms and equipments not in daily use and see that they are kept in 
 thorough repair. 
 
 Chaplain. — He shall conduct religious services in the penitentiary under such regu- 
 lations as the warden may prescribe, and attend to the spiritual wants of the prisoners. 
 He shall obtain from each prisoner, when received in the penitentiary, as complete 
 a statement as possible of his religious and educational antecedents and his parental 
 and conjugal relations, and shall make report thereof, on blanks furnished, to the 
 warden. He may visit the prisoners in their cells for the purpose of giving them moral 
 and religious instruction. He shall furnish, at expense of the Government, a Bible 
 to each prisoner who may desire one. He shall not have any intercourse with the 
 prisoners in the shops or while they are at work, nor shall he hold communication 
 with them, except as may be necessary and proper in imparting to them such secular 
 and religious instruction as is required by law and the penitentiary regulations. He 
 shall not furnish the prisoners with any information or intelligence in relation to 
 outside matters, except by permission of the warden. He shall visit daily the sick 
 in the hospital and administer to their spiritual wants. 
 
 It shall also be his duty to closely examine all incoming and outgoing mail of 
 prisoners, also all newspapers, parcels, and packages addressed to prisoners, and to 
 admit and permit only such matter as is consistent with the general rules of the 
 penitentiary and requirements made known to him by the warden. He shall keep 
 a record of all letters sent and received by prisoners, and at the end of each month 
 
 H. Doc. 462 10 
 
146 MODERN PRISOK SYSTEMS. 
 
 shall furnish the chief clerk with a statement showing the total number of letters 
 sent out by prisoners during the month. He shall account to the chief clerk for all 
 money sent to prisoners by mail. He shall have charge of the library, see that no 
 improper books are placed in possession of the prisoners, and if such books are 
 found, either in the cells or in the possession of prisoners, he shall take away and 
 deliver same to the warden; and for the purpose of the proper discharge of these 
 duties he mav visit the cells in the penitentiary, and the books so taken away from 
 prisoners shall not be returned to them without the express order of the warden. 
 
 Sectarian doctrines in the matter of religious belief shall not be taught, nor shall 
 any attempt be made, directly or indirectly, to proselyte a prisoner. If any prisoner 
 desires communication with a minister or instructor of his particular faith, on proper 
 application to the warden, it shall be allowed, under and in conformity with the law 
 and the general regulations of the penitentiary; but such minister or instructor, on 
 such occasions, must in all things conform to the rules and regulations for the gov- 
 ernment of the chaplain, any infringement or departure from which will debar him 
 from future intercourse with the prisoners. 
 
 Physician. — He shall attend at all times to the wants of the sick prisoners, whether 
 in the hospital or in their cells, and shall render them all necessary medical service. 
 He shall examine weekly the cells of the prisoners for the purpose of ascertaining 
 whether they are kept in a proper state of cleanliness and ventilation, and report the 
 same weekly to the warden. He shall examine at least once a week, and oftener if 
 he thinks proper, into the quality and condition of the provisions provided for the 
 prisoners, and whenever he shall have reason to believe that any provisions are preju- 
 dicial to the health of the prisoners he shall immediately make report thereof to the 
 warden. He shall also have ^ower, and it shall be his duty, to prescribe the diet of 
 the sick prisoners, and his directions in relation thereto shall be followed by the 
 warden and steward. He shall vaccinate every prisoner on his entering the peniten- 
 tiary, and examine him as to the condition of his heart, lungs, and chest, evidences 
 of previous or present hereditary disease, and keep a record of such examination in 
 a book provided for that purpose. He shall visit the penitentiary every day between 
 the hours of 6 and 10 in the morning. When the state of a sick prisoner requires it, 
 he shall visit at such other hours as he may think the case demands, and if sent for 
 at any time by the warden or deputy warden he shall immediately repair to the peni- 
 tentiary to the exclusion of all other engagements. He shall keep a daily record of 
 all admissions to the hospital, and the cases treated in the cells or elsewhere, indi- 
 cating the sex, color, nativity, age, occupation, habits of life, period of entrance to 
 and discharge from the hospital, disease, and the prescription and treatment in each 
 case. He shall have full control over the patients in the hospital, subject to the 
 rules of the penitentiary and instructions of the warden, and shall leave his daily 
 general instructions as to the government, etc., of the patients with the hospital 
 steward. 
 
 It shall be the duty of the physician, in case of any prisoner claiming to be unable 
 to labor by reason of sickness, to examine such prisoner, and if in his opinion, upon 
 examination, said prisoner is unable to labor, he shall immediately certify the same 
 to the warden, and such prisoner shall thereupon be released from labor and admitted 
 to the hospital, or placed in his cell or elsewhere for medical treatment, as the phy- 
 sician shall direct, having due regard for the safekeeping of such prisoner, and when- 
 ever the physician shall certify to the warden that such prisoner is sufladently recov- 
 ered to be able to labor said prisoner shall be required to labor, and not before. 
 
 He shall examine carefully every morning all prisoners in punishment in the soli- 
 tary cells, and shall ma,ke written report to the warden of their condition. He shall 
 be particular to report to the warden in writing any prisoner whose health he thinks 
 is suffering or endangered by the punishment ne is undergoing, and shall recommend 
 such changes in the diet of prisoners in punishment as he may think necessary. He 
 shall require the hospital steward to make a similar examination every evening 
 between the hours of 4 and 5 o'clock, and make a written report of the same. He 
 shall, whenever in his opinion a prisoner becomes insane, certify that fact to the war- 
 den, giving his reasons therefor, and make on blanks furnished him for that purpose 
 a brieJE statement of the general condition of the patient, together with his recom- 
 mendation as to what disposition shall be made of him. 
 
 When a prisoner dies, the physician shall record the nature of the complaint and 
 all the circumstances connected therewith that he may deem proper and necessary, 
 and report to the warden. 
 
 When the physician considers it necessary or when required by the warden to make 
 a post-mortem examination of any prisoner, he shall do so within thirty-six hours 
 after the decease'. He shall make written report of his examination to the warden, 
 and of his conglugions a? to the cause of death, 
 
MODERN PRISON SYSTEMS. 147 
 
 He shall make a written report daily to the warden of the attendance at sick call 
 in the morning and of the disposition made of those reported sick; also, of all admis- 
 sions to and discharges from the hospital, deaths, etc. He shall, whenever requested 
 so to do by the warden, make a careful examination of any prisoner and make a 
 written report of his physical condition. He shall make report monthly to the war- 
 den of patients received into the hospital or treated in the cells or elsewhere during 
 the preceding month, stating their respective age, color, disease, occupation in peni- 
 tentiary, quantity and kinds of medicine administered during the month, the time 
 they have remained in hospital, date of commencement and termination of treatment, 
 and number of days during which snch patients, in consequence of sickness, have 
 been relieved from labor; also, of all deaths and cause thereof, transfers to insane 
 hospitals, etc. He shall make a yearly report to the warden, for transmission to the 
 attorney-general, of sanitary condition of the penitentiary for the past year, in which 
 all information in his daily and monthly reports shall be condensed. This report 
 shall also contain lists of prisoners who have died or been certified to be insane 
 during the year. 
 
 Hospital steward. — The hospital steward shall be the assistant to and shall act 
 under the immediate direction of the physician. He shall not absent himself from 
 the hospital during the day, except when called by his duties to other parts of the 
 penitentiary, or when relieved by the warden. He shall be responsible for the 
 nurses, orderlies, and other persons employed about the hospital, and shall see that 
 discipline is at all times maintained and the security of the inmates carefully 
 guarded. He shall have Charge of the dispensary and the hospital, for the good 
 order and cleanliness of which, and for all its approaches and surroundings, he shall 
 be responsible. He shall have charge of the sick in the hospital, and of the con- 
 valescent prisoners, so long as they are receiving advice from the physician, and 
 shall strictly attend to all instructions that may be given him as to their medicine, 
 diet, and treatment. He shall also attend to complaining prisoners, not in hospital, 
 to whom medicine is administered. He shall see that every ward in the hospital is 
 well ventilated; the bedding and clothing cleansed; and changed when necessary; 
 the ceiling, walls, and floors kept clean; and that all impurities of every description 
 are instantly removed. He shall attend the physician in his visits to the sick, make 
 up all the prescriptions, compound all the medicines, and see that they are admin- 
 istered in the form and at the times ordered by the physician. 
 
 Should the symptoms of any patient appear to him to become aggravated, he shall 
 at once report to the warden or deputy m order that, if necessary, the physician 
 may be sent for without loss of time. Should he observe the death of a prisoner 
 approaching, he shall at once notify the warden, or deputy, in order that information 
 may be sent to the chaplain. 
 
 It shall be his duty to make a tour of the wards of the hospital frequently during 
 the day, and especially he shall do so as his first duty in the morning and the last 
 duty at night. 
 
 When a prisoner is received sick from the cell house during the night, the officer 
 on duty shall immediately notify the warden, or deputy, if the case seems to him to 
 be urgent. 
 
 No alcoholic or intoxicating liquors shall be issued to any employee or prisoner 
 under any circumstances, except upon the written order of the warden or the writ- 
 ten prescription of the physician. 
 
 Chief clerk. — He shall be the warden's accountant and his assistant and agent in 
 matters of the accounts and fiscal affairs of the penitentiary, and shall, as such, be 
 responsible for the safe-keeping and orderly arrangement of all the accounts, vouchers, 
 bills, and other documents of every kind confided to him. 
 
 It shall be the duty of the chief clerk to keep a complete and systematic set of 
 books, which shall show the amount of money under the several appropriations that 
 has been advanced the warden by the treasury department for the maintenance of 
 the prisoners in the penitentiary, and the expenditures incurred on account of the 
 institution. He shall also keep a regular account with all contractors furnishing 
 supplies to the penitentiary, and of all purchases of whatever kind and description 
 made by the warden. His accounts shall be prepared monthly and in the hands 
 of the warden for transmission to the attorney-general on or before the tenth day of 
 each succeeding month. He shall make to the warden a detailed financial report at 
 the end of each fiscal year, and from time to time furnish him, as required, with 
 such other statements and exhibits as the warden may direct. He shall assist the 
 warden in making such statements and exhibits as are by law, and under the 
 instructions of the attorney-general, required of the warden. He shall keep convict- 
 money journal and ledger accounting, individually, for money deposited by and 
 paid to prisoners. He shall give individual receipts to all prisoners from or for whom 
 
148 MODERN PRISON SYSTEMS. 
 
 he has received money or other articles of value. He shall not pay out any money 
 received from prisoners or deliver any valuables so received except upon written 
 order of the warden. He shall also keep a consolidated check roll, an abstract from 
 all the time check rolls of the penitentiary, which, in their aggregate, are daily to 
 correspond with the evening's count. 
 
 Bookkeeper ajid record clerk.— He shall have charge, under the supervision 
 and immediate direction of the warden, of the following books and records: The 
 warden's record of official orders, the convict register and complete index thereto, 
 the discharge register and records, the record of statistics, punishment record, book 
 of daily counts, the commitments of all prisoners received, and all papers bearing 
 upon their cases. 
 
 He shall take the measurements and photograph of every incoming prisoner as 
 soon as practicable after his arrival, preserve and take care of the negatives, and keep 
 the respective photographs and measurements in orderly arrangement in a case pro- 
 vided for that purpose. He shall, on the blanks furnished him, take a detailed 
 personal description of every incoming prisoner, and also take his written consent to 
 the examination of his incoming and outgoing mail by the warden or an officer author- 
 ized by him. He shall, at the end of every month, make from the discharge register 
 a complete list of all prisoners to be released during the succeeding month by expira- 
 tion of sentence, and furnish a copy of this list to all officers whose business it is to 
 be acquainted with it. He shall keep such miscellaneous records and other records 
 as the warden may direct, rendering a report at the close of the fiscal year, with such 
 statistical information as is required, and shall perform such other clerical duties as 
 the warden may require. 
 
 Penitentiary steward. — The penitentiary steward is the commissary officer of 
 the prison. He shall keep a neat and complete set of commissary books of receipt 
 and issue, and shall make to the warden a daily report of the quantity and value of 
 each kind of food issued, the gross value, the number of convicts fed, the average 
 cost per man per day, and the bill of fare for each of the three meals. He shall fur- 
 nish the warden, in due time, an estimate for the quarterly subsistence of the con- 
 victs. He shall keep a watchful eye on all departments of the commissary, guarding 
 against waste and extravagance, and shall be responsible for the cleanliness of the 
 kitchen and dining rooms and subsistence stores and cooking. He shall see that 
 each convict gets a suflSciency of such food as may be prescribed by the warden. He 
 shall carefully check all deliveries of subsistence, and see that in quality they are 
 equal to the sample, and in quantity equal to the amount of the purchase, making 
 proper report to the chief clerk. He shall have control of the dining room, and 
 shall report to the deputy warden any inattention of attendants or disorder of con- 
 victs. Perfect discipline must be maintained in the dining room during meal hours 
 and at all times by the convicts employed in the kitchen, dining room, and all depart- 
 ments under the steward's charge. The steward shall carefully watch every 
 department under his charge and promptly report to the warden anything he may 
 detect detrimental to the safety and welfare of the penitentiary. He shall take 
 special care that the utmost cleanliness prevails in the kitchen, the cellars, and in 
 every chamber or vessel in which provisions are kept or from which they are eaten. 
 He shall daily attend upon and see to the cooking and serving of the provisions for 
 the prisoners, to the end that no improper food is used, that it is cooked in a proper 
 and cleanly manner, served in clean and wholesome vessels, and equally and hon- 
 estly distributed to the prisoners. 
 
 Storekeeper. — He shall be the custodian and keeper of all supplies purchased for 
 theuseof the penitentiary by the wardenor his agent. He shall personally receive, 
 check from bills of particulars, and inspect all goods delivered to him, and report 
 deficiencies in quantity and quality of the same to the chief clerk and also to the 
 warden, who will decide as to their receipt or rejection. He will have charge of 
 issuing supplies to the different departments on requisitions approved by the warden, 
 and shall not issue anything without having the warden's requisitions therefor, and 
 without making a memorandum bill on manifold bill book, taking and filing receipts 
 in all cases. He shall, under the direction and-supervision of the chief clerk, keep 
 accurate accounts of all transactions in the store and of all receipts and issues, and 
 shall, at the end of each month, or more frequently if called upon, report such trans- 
 actions, receipts, and issues, in detail, to the chief clerk. He shall, every three 
 months, take inventory of all property in the store, and give a transcript of the same 
 to the chief clerk. 
 
 Engineer. — He shall have charge, under the warden, of all boilers and engines 
 belonging to the penitentiary, and of machinery and fixtures employed for the service 
 of the prison. He shall have charge of the water-supply system for the penitentiary, 
 shall be responsible for the condition of the necessary pipes, pumps, and other appli- 
 
MODEBN PEI80N SYSTEMS. 149 
 
 ances, and for any unnecessary waste of water. He shall have supervision of the 
 entire steam apparatus for the heating, cooking, ventilating, and mechanical pur- 
 poses of the penitentiary, and shall see that the same is kept in good condition. He 
 shall have supervision of the sewer system of the penitentiary and direct the 
 construction and repairs of the same. He shall have charge of the fire department, 
 take care of the engines, and test their eflBciency from time to time, and see that the 
 fire buckets, grenades, etc., placed in different stations around the penitentiary, are 
 serviceable and in good condition. He shall see that all machinery, tools, imple- 
 ments, stock, or other effects necessary for carrying on the above-mentioned duties 
 and industries are properly used, taken care of, and accounted for. 
 
 Guards. — The guards are the agents of the warden in enforcing the police and 
 discipline of the penitentiary, and in carrying into effect the laws for the government 
 thereof. 
 
 It shall be the duty of the guards to attend at the penitentiary at the opening 
 thereof, and not absent themselves therefrom, on any pretext or excuse, during 
 prison hours, except by permission of the warden or deputy warden. They shall 
 supply themselves with the prescribed uniform, which shall be constantly worn 
 while on duty. They shall constantly observe the utmost cleanliness in dress, per- 
 son, and habits. 
 
 While within the prison the guards shall refrain from whistling, scufiling, immoder- 
 ate laughter,, boisterous conversation, exciting discussions on politics, religion, or 
 other subjecte, provoking witticisms or sarcasm, and all other acts calculated to 
 disturb the harmony and good order of the penitentiary. In their intercourse among 
 themselves the officers and guards of the penitentiary are at all times to treat each 
 other with that mutual respect and kindness that becomes gentlemen and friends, 
 and are required to avoid all collisions, jealousies, separate and party views and 
 intereB.ts among themselves, and are strictly forbidden to treat each other with dis- 
 respect, or to use any ungentlemanly epithets. They shall not, while on duty, hold 
 conversation with each other, nor with the foreman, except such as may be necessary 
 in the discharge of their duties. Neither shall they be engaged, while on duty, in 
 reading or writing, other than making necessary entries, or in any other employment 
 calculated to interfere with constant care and vigilance. They shall not under any 
 circumstances allow prisoners to speak to them upon any subject not immediately 
 connected with their duty, employments, or wante. They shall keep the prisoners 
 under their charge diligently at work at the several occupations at which they are 
 employed, and shall make report of the attendance at work, also of all time lost by 
 reason of sickness, punishment, or otherwise, as instructed from time to time by the 
 warden or deputy. They shall not permit prisoners to hold conversation with each 
 other, except as directed by special order of the warden, or with any person whatever, 
 except those allowed by law, or to communicate with each other by signs or signals, 
 except in connection with their work. They shall require the greatest possible clean- 
 liness in the prisoners, their persons and clothing, and in their working and sleeping 
 apartments. They shall instruct the prisoners in all the rules of the penitentiary 
 necessary for their government, and admonish them on the least appearance of insub- 
 ordination. In all their intercourse with prisoners they shall be careful to maintain 
 a quiet demeanor, under any provocation, recollecting that the prisoner, however 
 disposed to be violent or abusive, is entirely in their power. 
 
 They shall not punish a prisoner, nor strike him, except in self-defense, or to quell 
 an insurrection; nor shall they use any profane or indecorous language to prisoners 
 or in their presence, but shall uniformly treat them in a kind and humane manner. 
 Whenever a prisoner is guilty of an infraction of prison disciplinary rules the. guard 
 shall at once report the fact in writing to the deputy, stating the nature of the offense, 
 and keeping a copy of such report on the stub of the blank book furnished him for 
 that purpose. Discipline is the first and highest consideration in a prison and must 
 be maintained at all hazards, but that officer who maintains it with the lowest num- 
 ber of punishments, deserves' the highest commendation. If a prisoner desires to 
 make any complaint to or have an audience with the warden the guard shall receive 
 his application and report it in writing to the warden's office, keeping on the corres- 
 pondmg stub of the blank book furnished for that purpose a copy of such report. If 
 a prisoner is taken sick or injured during the day the guard shall at once report the 
 fact to the deputy or the captain of the day watch. It shall be the duty of guards to 
 keep constant watch over prisoners at work to see that while pretending to be engaged 
 on the work given them to do they are not in reality doing something else. Guards 
 shall not allow prisoners to leave their work without permission nor to speak to nor 
 gaze at visitors. The duties of guards should be understood as separate and distinct 
 from those of foremen, and the guards will not interfere with or attempt to instruct 
 the prisoners in the manner in which they shall work, or on what particular part 
 
150 MODEBN PRISON SYSTEMS. 
 
 they shall labor, or what amount they shall perform; but they shall listen to all 
 reports the foremen may desire to make and dispose of the cases as instriicted. In 
 forming their opinions with respect to the industry of a prisoner officers will bear in 
 mind that as one prisoner may be able to do more work in a given time than another, 
 so their reports on this head will have regard more to the continuous labor of the 
 prisoner, the care bestowed upon it and the evidence of his desire to do all he can, 
 than the absolute quantity he does, as compared with others. An amount of work 
 which may thus be sufficient for one man may be quite insufficient for another, and 
 the officer's report will be made accordingly. 
 
 Guards shall receive applications from prisoners to send or transfer money to friends 
 or for subscriptions to newspapers, etc., and shall send same to chief clerk. Trans- 
 fers of money from one prisoner to another must be approved by the warden or 
 deputy. No officer, guard, or foreman shall receive from or deliver to a prisoner any 
 article or thing whatever without knowledge or consent of the warden or deputy. 
 
 When a prisoner is sent from one part of the penitentiary to another the officer 
 sending him shall give him a pass stating the place from which, and the place to 
 which, or person to whom he is sent. Care shall be taken that the pass is delivered 
 up by the prisoner, and that he is not too long away. . 
 
 When a prisoner is obliged to retire for necessary purposes, the officer in charge 
 shall take care that the place is so conspicuous that the prisoner can not leave it 
 without being fully seen, that only one person is permitted in the place at a time, 
 and that he is absent for a reasonable time only. Any delay in such cases should 
 arouse suspicion at once, and the officer must make certain that all is right. 
 
 No officer shall take the stateihent of one prisoner against another on which to 
 make a report for punishment, respecting the prisoner complained of, but shall report 
 the facts, nevertheless, to the warden or deputy. If a prisoner makes complaint to 
 any officer of any order given him or of any action toward him, by which he con- 
 siders himself aggrieved, it shall be the duty of the officer to inform the warden 
 thereof, at the earliest moment convenient thereafter, and the warden will act in the 
 matter as he may think reason and justice may require, but the officer shall in the 
 meantime see that the prisoner obeys the order given him. 
 
 As soon as the prisoners are locked up at night each guard having charge of a divi- 
 sion shall report immediately to the deputy warden the number he has locked up or 
 has in charge, at the same time turning over the cell door keys to the proper officer. 
 
 If a guard is absent without leave at roll call, he must at once report the cause of 
 his absence to the deputy warden, who is directed to keep a careful and correct 
 written record of all delinquencies in the guard force. For absence without leave a 
 guard may be suspended, and if the offense is repeated he may be dismissed from 
 the force. A guard desiring leave of absence must apply to the deputy warden one 
 day in advance. 
 
 Guards are forbidden to frequent saloons and gambling houses when off duty, and 
 must never enter the penitentiary while in the slightest degree under the influence 
 of liquor. The violation of this latter rule will be cause for dismissal. When off 
 duty guards must not discuss the penitentiary, or its officers, or become a source of 
 information to inquiries pertaining thereto. Requests or grievances by guards should 
 be presented to the deputy warden. Smoking will not be allowed inside the peni- 
 tentiary walls, except when in the guards' quarters while off duty, or in the guards' 
 room. This rule applies strictly to all employees and must be observed. When on 
 duty guards will not be allowed any readmg matter whatever, except what may be 
 permitted to night guards by special written permission of the warden. No other 
 guard must be found with reading matter in his hands during the hours of duty. 
 
 When going out with prisoners in charge, guards will be sure that their firearms 
 are in perfect order, and that they have the proper amount of ammunition. When 
 marching prisoners, guards, if armed with shotguns, will carry them at a right 
 shoulder. When posted over prisoners on the ground, they will carry the gun on 
 either shoulder with its muzzle elevated, or under either arm with the muzzle 
 
 Eointed to the ground. If armed with pistols, they will carry them in their right 
 ands pointing toward the ground. They will not let the prisoners come closer than 
 five paces, or go more than twenty paces from them, and will at all times face the 
 prisoners, gun or pistol in hand ready for action. For violation of this rule, guards 
 may be dismissed from the force. 
 
 Cell-house guards will see that the utmost cleanliness prevails in the cells and cor- 
 ridors, that the houses are thoroughly ventilated and warmed when necessary, that 
 the cells are regularly supplied with drinking water, and the regular issues of tobacco, 
 soap, and other supplies are properly and impartially made. They shall also care- 
 fully and promptly deliver all letters, newspapers, etc., handed over to them by the 
 chaplain with his "permit" to their respective addresses. They are not permitted 
 
MODERK PRISON SYSTEMS. 151 
 
 to examine or inspect either outgoing or incoming convict mail. Thej; shall from 
 time to time examine the cell doors and gratings and see that they are in good and 
 secure condition; they shall also occasionally examine and search cells and report 
 the presence of any contraband articles to the warden or deputy. 
 
 Gate guard. — The gate guard shall be sure that his firearms are in order, and that 
 he has not less than one dozen rounds of ammunition. He shall not be allowed to 
 read while on duty or to have any reading matter in or about his box. Newspapers 
 must not be handed to him or left in his care. He must not leave his post of duty 
 except he be relieved by order of the captain of the watch. He may guard the gate 
 from his box with his gun on the shelf in front of him, or he may guard by patrol- 
 ing back and forth in the gateway. He shall allow no person to stand or congregate 
 in the gateway so as to obstruct his line vision. He shall require all red-numbered 
 [prisoners, approaching him in the yard, to halt, and signal with the hand for per- 
 mission to approach. He shall search all prisoners passing out and in through the 
 gate, if he has any reason to suspect they have contraband articles concealed about 
 them. 
 
 He shall direct persons seeking admission to the penitentiary to the captain's 
 office without further conversation, unless he suspects they are improper persons to 
 enter the penitentiary, when he may call the captain to the gate. He shall inspect 
 all vehicles going in and coming out of the penitentiary and carefully guard against 
 escape by concealment in such vehicles. Vehicles not used in the conduct of the 
 penitentiary shall not be allowed to enter the prison without a guard attendant, 
 except by special instruction of the warden or deputy warden. He shall be held 
 responsible and see that no prisoner passes out other than those directed to do so by 
 the warden or de{)uty warden under the rules governing the institution. The gate 
 guard is in a position to be especially watchful over the interests of the penitentiary. 
 It is his duty to promptly report to the warden or deputy warden anything he may 
 discover threatening the security or peace of the institution. 
 
 Wall guards. — Wall guards shall keep their firearms in perfect order and keep in 
 their towers not less than twenty-four rounds of ammunition. They shall keep a 
 strict watch, and each wall guard will be held responsible for any escape over the part 
 of the wall under his observation while on duty. No reading matter ci any kind will 
 be permitted in the towers; and the guard while on dutjr must speak to no one 
 unless it be necessary and on business pertaining to the penitentiary. While patrol- 
 ing on the wall the guard must carry his gun. If for any reason the wall guard can 
 not at any time see clearly all that part of the wall under his supervision, he shall at 
 once ring his signal bell and so inform the captain of the watch. Wall guards are 
 warned to be especially vigilant at early and late hours, during dark and foggy days, 
 and at all times when the convicts are unlocked and upon the yard. If convicts 
 approach the wall in an unwarranted way the guard shall warn them away, and if 
 an effort is made to escape it will be the duty of the guard to fire. 
 
 Captain of night watch, and night guards. — The night force shall go on duty 
 at the sound of the evening whistle or bell and remain on duty until the signal is 
 given in the morning for unlocking the cells of prisoners. The captain shall be held 
 responsible for the security of the prison and see that good order is maintained dur- 
 ing the night. He shall make report to the warden in the morning of any unusual 
 occurrence or any violation of the rules and regulations of the penitentiary that may 
 have taken place during the night. It shall be his duty to call the warden at any 
 hour during the night that he may regard his presence necessary. It shall be his 
 duty to make a thorough inspection of the penitentiary during the night often enough 
 to personally convince himself of the watchfulness of his subordinates in the different 
 parts of the prison. He shall require of all officers or citizens who shall work inside 
 of the walls at night a strict compliance with all the rules that prevail in the daytime, 
 and has authority to eject any citizen who does not strictly conform to them. 
 
 He shall not under any circumstances leave the penitentiary during his time of 
 duty or until properly relieved without the consent of the warden. 
 
 It shall be the duty of the night guards having charge of the cell houses to be mov- 
 ing around the cells with "sneak shoes" on in a silent manner, that they may be able 
 to detect any unnecessary noise, and it is strictly enjoined upon them not to hold 
 conversation with the prisoners or to suffer the prisoners to speak to them, except to 
 make known immediate wants; they must use their utmost exertions to suppress 
 noise of any kind and report to the captain of the night watch arly violations of the 
 rules and regulations of the penitentiary by the prisoners while in their cells. 
 
 The night officer in chaise of the solitary shall closely follow the instructions of 
 the warden and deputy in regard to inmates of punishment cells, and shall every 
 morning make written report to the warden of the number of prisoners in solitary 
 and their condition during the night, noting every unusual occurrence coming under 
 his observation. 
 
152 MODERN PRISON SYSTEMS. 
 
 The night guard in the hospital shall observe the rules governing the hospital 
 steward in regard to inmates of the hospital and attend conscientiously to the wants 
 of the sick. 
 
 The night fire watch shall make his regular rounds in the penitentiary at short 
 intervals in such a way as the warden or captain of the night watch from time to 
 time may direct. 
 
 Foremen. — Foremen shall be present and ready to unlock shops ten minutes before 
 work bell. They shall hold no intercourse with any prisoners other than those 
 employed or superintended by them, nor upon any subject whatever other than the 
 business carried on by them. They shall remain at their respective posts until the 
 convicts under their charge are called to supper, giving their entire time and atten- 
 tion to the work in hand. Smoking or reading during working hours ia strictly for- 
 bidden. They will be relieved from duty during the noon hour. Smoking in the 
 shops is forbidden at all times. Foremen shall see that men under their charge labor 
 faithfully and diligently, and they will report to the deputy warden the names of 
 convicts who fail in this respect. 
 
 When prisoners willfully fail to carry out the instructions of a foreman, or use 
 threatening, defiant, or impudent language, or commit any other act endangering the 
 peace and good discipline of the institution, it shall be the duty of the foreman to 
 immediately report the same to the guard in charge. 
 
 Foremen shall make requisition on the warden for such material and tools as may 
 be needed in their respective departments, and they will be held responsible for the 
 use of the tools and the expenditure of material. 
 
 OKGANIZATIONS OF THE PRISON STSTEXtS IS THE SEVESAIi 
 STATES OF THE UNION. 
 
 It is not easy to present the essential features of the methods of central direction 
 and control in so many independent Commonwealths, o The legal foundation for all 
 these organizations for administration is found in the constitutions and statutes of 
 the States and in the acts of Congress relating to Territories. 
 
 The chief objects of the laws and regulations of a State are: (1) To guarantee the 
 execution of the law and the decrees of courts having jurisdiction in criminal cases; 
 
 (2) to protect the economic interests of the public treasury and of private business; 
 
 (3) to furnish to the public such information as is necessary among a people where 
 all political institutions rest on universal manhood suffrage and where humane and 
 enlightened citizens desire to influence administration. Whatever may be true in 
 other countries, it is commonly believed in the United States that it is neither safe 
 nor wise to commit absolute and irresponsible power to oflBcials; that the light of 
 science, of the press, and of social conscience should play freely about the actions of 
 
 , administrators of law; that secrecy and darkness invite cruelty, neglect, dishonesty, 
 and dull routine. These three purposes — ^promptand eflBcient administration, regard 
 for general economic interests, and social cooperation with officials — are not easily 
 reconciled in one system, and each demands special organs for expression. Thus we 
 can explain the somewhat heated controversy which is now being waged in the 
 United States over the problems of central State direction and control of penal and 
 charitable institutions.o The parties in this controversy will come to agreement 
 more readily when they see, as many do already, that the organs which secure excel- 
 lent administration are not ordinarily so well adapted to foster social cooperation nor 
 safeguard economic interests. Here the attempt will be made simply to outline and 
 characterize the essential features of the various administrative devices actually 
 employed in the several States of the Union. 
 
 While an effort has been made to bring up the statements to. date, it is probable 
 that recent legislation has in some instances modified the methods of some of the 
 States. 
 
 The regulations of actual administration may come from one or all of the legisla- 
 tive, judicial, and executive branches of State government. Examples of all these 
 methods will be cited in these notes. The administrative department of state is 
 gradually becoming a highly specialized division of the executive branch of the gov- 
 ernment of Commonwealths. While all States have essentially the same divisions of 
 functions, they vary greatly in the degree of specialization and differentiation of 
 organs and functions. No system of classification can be entirely satisfactory, and 
 
 <iA convenient and reliable treatise which will furnish the information necessary is Comparative 
 Administrative Law, by Prof. F. J. Goodnow. I take pleasure in acknowledging here the assistance 
 rendered me by my students, Messrs. F. G. Cressey, L. P. Valentine, and Jacob Billikopf in the 
 compilation of the statutory provisions of the States.— C. R. H. ' 
 
 b See my paper in Annals of the American Academy of Political and Social Science, May 1903 
 
MODERN PBISON SYSTEMS. 158 
 
 no two States have precisely the same methods. A provisional arrangement is 
 adopted here with the purpose of calling attention to the stages of this development 
 of specialization. 
 
 Legislative regulations. — Usually the statute goes no further than the organiza- 
 tion of the system, provision for institutions and the more important officials, and 
 the establishment of general regulative principles. Recently some legislatures have 
 sought to restrict the industrial operations of the penal institutions under the pres- 
 sure of business interests and trade unions struggling to prevent the reduction of 
 wages. Legislatures sometimes send out committees to investigate penal and reforma- 
 tory institutions when they happen to be in session and when scandals have demanded 
 action. But such spasmodic methods are of slight value in directing and correcting 
 the ordinary workings of a complicated system of administration. 
 
 Judicial regulations. — Examples of judicial activity may be fomid in most of 
 the States. Attention is called to the very common fact that the local prisons (jails) 
 are quite generally under the inspection and care of the courts and grand juries. 
 The fact that these prisons are notoriously and generally in a disgraceful condition, 
 and remain in this condition in spite of long-continued criticism, seems to justify a 
 serious doubt as to the wisdom and value of this method of control. 
 
 Executive control, especially by the governors and their councils. — The 
 fundamental ageiicy in all Commonwealths for the work of administration is the 
 office of the governor. When the population is small and public business is 
 insignificant this primitive division of labor answers the purpose. But most of our 
 States have long since outgrown this plan and begun, without much order or system, 
 to develop regular, constant, and adequate agents of administration, the most recent 
 of which are the "boards of control" found in several States or the still more 
 highly specialized prison commissions of New York and Massachusetts. 
 
 Direct executive supervision. — States with local boards, without central boards 
 of supervision are: Maine, Vermont, North Dakota. 
 
 MAINE. 
 
 PBISONS. 
 
 [R. V. S., chap. 140, 1895.] 
 
 The governor and council have supervision of the State prison. 
 
 The government and direction of the prison is vested in. a board of 3 prison and 
 jail inspectors, 1 warden, 1 deputy warden, 1 person who shall perform the duties of 
 clerk and commissary, and such number of overseers, not exceeding 10, as the 
 inspectors determine necessary. 
 
 The inspectors and warden are appointed by the governor, with the advice and 
 consent of the council, and can hold office during the pleasure of the executive, but 
 not more than four j^ears under one appointment. 
 
 The warden appoints the other officers subject to the approval of the inspectors. 
 The inspectors have the power of removal of such officers and to appoint others. In 
 case inspectors will not remove an officer who the warden thinks should be removed 
 he can appeal to governor and council, who may make such removal and appoint a 
 suitable person. 
 
 meetings. — Inspectors shall meet at least once in three months and report each 
 meeting to the governor. They shall make an annual report on work and estimates 
 of the needs of the prison. 
 
 They shall exariaine into the needs and conduct of prisoners and make all nec- 
 essary rules for the prison consistent with law, which must be approved by governor 
 and legislature. The warden enforces these rules. 
 
 Separate inspection. — ^The governor shall annually appoint one of the council a 
 committee who shall, as often as the governor and council direct, visit the prison, 
 make a thorough examination of all its work, and report to them. 
 
 Salary. — Inspectors receive $3 a day and necessary expenses. The committee of 
 the council $2 a day and 10 cents per mile to and from Augusta for travel. 
 
 Jails are kept by the sheriff, under direction of county commissioners, who 
 annually examine the same. Separate cells are to be provided for debtors and 
 criminals and minors and prisoners for first offense apart from old offenders. When 
 the jail is insecure, a justice of supreme court may order transfer of prisoners. 
 
 " The inspectors of the State prison shall visit the jails at least once in every three 
 months and inquire into the management and conduct of the same, give such advice 
 in relation thereto as they regard useful and proper, classify all convicts in said jails, 
 having regard to age, character, and offenses, and for that purpose may order the 
 
154 Modern pbison systems. 
 
 county commissioners of either of the counties to make such alteration in their 
 several jails as the inspectors deem necessary in order to classify the convicts 
 therein, and persons charged with crime, and if said commissioners, after such order, 
 neglect or refuse to make such alteration or to provide for the classification of con- 
 victs and persons charged with crime, the inspectors can take matters into their own 
 hands and remove to other jails at the expense of the county from which prisoners 
 are taken. 
 
 "They can require each jailer to keep statistics for future reference. They can 
 transfer prisoners to work jails or from one work jail to another in case of over- 
 crowding. * * * The inspectors shall make a report of the conditions of all the 
 prisoners to the governor and council by the 30th day of November annually." 
 (R. V. S., Chap. 140, Sec. 12.) 
 
 In addition to jails there is a system of county and town houses of correction; the 
 former under the supervision of the county commissioners, and the town house of 
 correction under a board of overseers for the custody and reform of lesser offenders. 
 
 veiimo:n^t. 
 
 [Prom Statutes of 1894.] 
 STATE PRISON. 
 
 § 5171. The governor, with consent of senate, appoints a board of three directors, 
 who shall have charge of the State prison and of the house of correction; they hold 
 office four years. 
 
 § 5176. The governor and lieutenant-governor shall be ex officio members of the 
 board. 
 
 § 5184. One director shall visit the penitentiary every three months and the full 
 board every six months for thorough inspection of place and instructions to superin- 
 tendent. 
 
 § 5187. The board makes biennial report to governor. 
 
 § 5190. The superintendent of penitentiary is appointed biennially by the gov- 
 ernor and may be removed by him, and is under the control of the board. 
 
 § 5196. The superintendent makes a biennial report to the legislature. 
 
 A board of prison commissioners was established in 1898, consisting of the chief 
 justice of supreme court, lieutenant-governor, and the directors of the state prison. 
 Their province covers pardons, paroles, and transfers between prison and house of 
 correction. (See Proceedings National Conference of Charities and Correction, 
 1899, p. 102.) 
 
 § 5197. The superintendent submits a monthly estimate of expense to the board, 
 wlio, upon approval, submit the same to the State auditor for a warrant upon the 
 treasurer. 
 
 § 5202. He appoints all assistants. 
 
 The house of correction is under the same control, each of the foregoing sections 
 applying to it. This establishment is for the confinement of persons convicted of 
 minor offenses, and may also be used (§ 5214), at the discretion of the court, for the 
 confinement of persons convicted of State-prison offenses. 
 
 The Industrial School (§ 5219) for boys under 15 and girls under 16 (§ 5177) is 
 under the charge of 3 trustees, appointed by the governor, with the consent of the 
 Senate, for six years. (§ 5181) The chairman of the board, who is named by the 
 governor, may be removed by him at his pleasure, (§ 5182) must visit the school 
 at least once a month, and (§ 5184) the full board once a quarter. (§ 5187) They 
 make a biennial report to governor. (§ 5191) The superintendent is biennially 
 appointed by the board, and may be removed by them. (§ 5196) He makes a bien- 
 nial report to the legislature. 
 
 County jails. — The expense of the building and repairs shall be paid by the county 
 (§ 5278); (§ 5279) the expense for fuel is paid by the State. 
 
 Repairs or additions are to be made by the sheriff under the direction of one or 
 more of the judges of the county court (§ 5282); {§ 5283) the sheriff has general 
 charge, but there is no provision for reports or inspection. 
 
 Administrative boards, local. — Slight executive control: North Dakota, Kansas, 
 California. 
 
MODEEN imiSON SYSTEMS. 155 
 
 IfOKTH DAKOTA. 
 
 [See Revised Code of North Dakota, ch. 10, arts. 5-8, and ch. 17, art 3, 1899.] 
 
 The charitable and penal institutions of North Dakota are under the control of 
 local boards of trustees, five for each institution, serving for a term of four years each, 
 and appointed by the governor of the State, with the consent of the senate. Each 
 board has the full management of the institution under its direction. They receive 
 a per diem compensation of $3 and necessary expenses. They report to the governor 
 and legislature. 
 
 There, is no board of charities and corrections in the State. 
 
 [See Revised Codes, ch. 18, 1899.] 
 
 Jails are kept by the sheriff. Judges of district courts prescribe rules. Inspection 
 is by county commissioners at least once a year. The grand jury at each session of the 
 court shall inspect the jail, by order of the court, and it shall be imperative on the 
 county commissioners to issue such orders or make such repairs as the grand jury 
 shall recommend. 
 
 There is provision in construction not only for separation of sexes but also for sepa- 
 ration of prisoners not criminals and if possible juvenile offenders from felons and 
 hardened criminals. 
 
 KANSAS. 
 
 [Digest of the laws of Kansas respecting penal and reformatory institutions, from the General Statutea, 
 
 revision of 1901.] 
 
 While Kansas has a central State board of control for its charitable institutions, 
 it has local boards for its reformatory institutions, with a tendency to consolidation. 
 
 The State board of trustees of charities and correction (created by the State legis- 
 lature in 1873) consists of five persons appointed by the governor for four years. It 
 directs and controls the State hospitals (for insane), the schools for feeble-minded, 
 blind, and deaf, soldiers' orphans' home, and the two industrial schools for boys and 
 girls. The board reports biennially to the governor. 
 
 The State penitentiary is under the care of three directors, appointed by the gov- 
 ernor for three years. (Ch. 99, art. 28, § 7028, p. 1420.) 
 
 The warden is ajipointed by the governor for four years. The warden appoints 
 the deputy and assistant keepers, who serve at the pleasure of the directors, who 
 themselves appoint the clerk, physician, and chaplain. The directors meet once a 
 month at the penitentiary and exercise a general oversight, receiving $400 a year. 
 They make a biennial report to the governor. All transactions on account of the 
 penitentiary shall be conducted by the warden, under the general oversight of the 
 directors; all contracts must be approved by them. 
 
 The State reformatory (for males between 16 and 25 on first offense) is conducted 
 by a board of three managers appointed by the governor for four-year terms. (Ch. 
 99, art. 29, §§ 7093, 7094, p. 1434. ) They report biennially to the governor. They 
 appoint the superintendent and he appoints other officers and employees with their 
 consent. 
 
 The industrial schools for boys and for girls, each under 16, are under the direction 
 and control of the State board of trustees of charities and correction. 
 
 County jails. — Jails must be inspected during each term of the district or criminal 
 court by the judge thereof, who shall report to the county commissioners. Each 
 grand jury must do likewise and the commissioners must heed their recommenda- 
 tions. 
 
 CALIFORNIA. 
 
 [Pomeroy's Penal Code of California, 1901, and Supplement to Pomeroy's Code, 1902, this supplement 
 being necessitated by a decision of supreme court of State adverse to changes made in 1901 by 
 code commissioners.] 
 
 The State prisons (there are two) are under the charge, control, and superintend- 
 ence of a board of directors consisting of the governor, lieutenant-governor, and secre- 
 tary of state. Compensation is $75 per month ( for ex penses ) , in addition to which the 
 lieutenant-governor receives $10 per day for any service "performed at the prison." 
 
156 MODEEN PRISON SYSTEMS. 
 
 The board provides rules for government of prisons, appoints warden and all offi- 
 cers, and makes a full report to the governor biennially before sessions of legislature. 
 
 The expenses and salaries must be audited and allowed by a board of examiners 
 of State prison accounts, consisting of the attorney-general, treasurer, and comptroller. 
 
 County jails (Penal Code, §§ 1597-1615). — These regulations put jails in charge of 
 the sheriff. The county supervisors may compel convicted prisoners "to perform 
 labor on public ways and works of the county," and (§ 923) the grand jury "must 
 inquire into the condition and management of the public prisons within the county," 
 ( § 924) to which they may have ' ' free access at all reasonable times. ' ' 
 
 A State board of charities was established by act of legislature in 1903. 
 
 STATE WITH CENTRAL BOABDS OF STJPEBVISIOIT. 
 
 In States having this type of central boards the governor remains the chief of all 
 administrative departments, and local boards, judges, and oflScials are assigned 
 spheres of responsible activity. The State board of supervision acts as a medium of 
 social cooperation, with little or no powers of control. They influence the adminis- 
 tration through publicity and advice. Examples are New Hampshire, Connecticut, 
 Michigan, Ohio, Indiana, Illinois, North Carolina, Missouri, Tennessee, Colorado, 
 Pennsylvania. 
 
 :N^EW HAMPSHIRE. 
 
 [Public Statutes, 1901, p. 278.] 
 
 The State board of charities (date of law, 1895, chap. 116), consisting of five per- 
 sons, appointed by the governor and council for five years, * * * shall inspect 
 all State and county charitable or correctional institutions, except the State prison 
 and the insane asylum at Concord, making a biennial report to the governor and 
 council and 'legislature; and shall also recommend to the county commissioners, or 
 such other county or State oflBcers as have the management of such institutions, the 
 changes, if any, that it finds should be made. 
 
 The State prison (p. 849, chap. 285) is under the general management of a warden 
 appointed by the governor, with the advice of the council, for one year. 
 
 He in like manner appoints and may remove all officers and servants. 
 
 The governor and council (consisting of five members, elected biennially, one from 
 each of five "councillor districts," * * * "for advising the governor in the ex- 
 ecutive part of the government") inspect the prison annually or oftener. 
 
 The warden makes annual reports to the governor and council, and these are laid 
 before the legislature (p. 850). 
 
 Industrial school (p. 844, chap. 284) for juvenile offenders under 17 years of age 
 (p. 546) is under the charge of a board of 7 members appointed by the governor and 
 council for four years. 
 
 They appoint the superintendent and all officers or servants, fixing their com- 
 pensation, subject to the approval of the governor and council. 
 
 One or more trustees visit the school every two weeks, and once a quarter a 
 majority must make a thorough examination and make a report. 
 
 The superintendent files an annual report with the secretary of state. 
 
 County jails (p. 840, chap. 282). — The sheriff has custody, under the inspection of 
 county commissioners. 
 
 If the jail is temporarily uninhabitable, the supreme court, or any two justices 
 thereof in vacation, may order the removal of the prisoners to temporary quarters. 
 
 CONNECTICUT. 
 
 THE PENAL AND RErOBMATOBY INSTITUTIONS. 
 
 [From General Statutes, Revision ot 1902.] 
 
 The State prison is located at Wethersfleld. The control is by seven directors, who 
 are appointed for four years, biennially, by the governor; the board must be "as far 
 as practicable nonpartisan." The warden, chaplain, and physician are appointed 
 by them, and also all subordinate officers on the nomination of warden. 
 
 County jails are under the custody of sheriff, as jailer ex officio. Employment of 
 prisoners (§ 2933) may be required by county commissioners, who are required tc 
 visit jail at least once a month, examine management and audit accounts. 
 
MODERN PBISOK SYSTEMS. 157 
 
 Workhouses may be established by any town, and are under the control ( § 2961 ) of 
 selectmen, who appoint a master. Commitment may be (§ 2974) to common jail or 
 to county workhouse. 
 
 The State board of charities is composed of five members, of whom two are women, 
 appointed biennially for four years. 
 
 Duties: May inspect all almshouses, homes for neglected or dependent children, 
 asylums, hospitals, and all institutions for the care or support of the dependent or 
 cnminal classes; may recommend and visit homes for children. Quarterly visits 
 (§ 2862) shall be made to State prison, school for boys, industrial school for girls, and 
 State insane asylum without previous notice and by at least one person of each sex. 
 At every such visit an opportunity shall be offered to each inmate for private con- 
 versation with some member of the board. 
 
 An approfjriation ( § 2866) of $4,000 is made for expenses, including salary of secre- 
 tary, which is $1,500. The governor may remove any member of the board for cause. 
 
 A State school for boys is located at Meriden. Boys under 16 years of age of delin- 
 quent class are sent here; none under 10 years, except upon conviction of State prison 
 offense. The term is to age of 21 years unless discharged or apprenticed. Boys so 
 apprenticed or placed in homes ( § 2831 ) shall be visited by an agent at least once 
 every six months. The agent shall be under the direction of the trustees, of whom 
 12 are appointed by the governor, 6 biennially for four-year terms. Among their 
 duties is the provision of instruction in religion, morality, and useful knowledge. 
 They appoint the superintendent and other ofiicers whom they may remove for 
 cause. The State pays monthly $3 a week for the support of each boy. There are 
 no other financial regulations except that the trustees (§ 2819) determine the com- 
 pensation of the superintendent and other ofiicers. 
 
 Industrial school for girls. — Girls from 8 to 16 of delinquent class are inmates. The 
 term is to 21 years of age. Placing out and apprenticing are provided for. The 
 organization is like a school district, the directors being the school committee for 
 that district. The cost is not to exceed $3 per week for the care of each inmate. 
 
 MICHIGAiq^. 
 
 [Based on Compiled Laws of Michigan, 1897.] 
 
 State board of charities and correction {date of law, 1879). — This board (§ 2250) is 
 composed of four members appointed by the governor, with consent of senate, for 
 eight years; and it has secretary of its own selection. (§ 2252) They are to visit, at 
 least annually, each county jail, reform school, house of correction, and State prison 
 for the purpose of ascertaining the actual conditions of property and inmates and 
 conduct of oflBcers. (§ 2255) A biennial report is made to the governor. 
 
 State prisons (;?) and house of correction (at Ionia) (date of law, 1883). — (§ 2081) 
 The government of these prisoners is vested in a board of control for each of three 
 members appointed by the governor, with consent of senate, for six years. The 
 governor is ex officio a member of each board. (§ 2084) The board appoints the 
 warden and he appoints the other oflScers. The board makes biennial reports to 
 the governor. A joint session of three boards is held semiannually to consult as to 
 productive labor in each institution. 
 
 The boards (separately) audit bills and accounta and send to the State auditor, 
 who draws warrant on the State treasurer, and also makes a statement of each war- 
 den's account to the legislature. 
 
 The Detroit House of Correction is controlled by inspectors appointed by the city 
 council on nomination of the mayor. The superintendent makes an annual report 
 to the governor. 
 
 Industrial school for hoys. — Supervision and management are vested in three trustees, 
 appointed by the governor with consent of senate, for six years. (§ 2203) They 
 " shall exercise full and absolute control." Biennial report is made to governor and 
 by him sent to the legislature. Expenses of trustees are audited by board of State 
 auditors. 
 
 Industrial home for girls. — Under similar regulations, save that one of the trustees 
 must be a woman. (§§ 2218-2221. ) 
 
 County jails. — All plans for buildings must be submitted to State board of charities 
 and correction for examination and opinion before adoption, but their approval is 
 not required. (§ 2454) Sheriffs are in charge. In each county the probate judge, 
 the county agent of the State board of charities and correction, and the county super- 
 intendent of the poor constitute the board of jail inspectors, with the judge as chair- 
 
158 MODERN PBISON SYSTEMS. 
 
 man. They make detailed examination of the conduct of the prison, condition oiE 
 prisoners and building, sending report to State board of charities and correction, and 
 also to county supervisors. 
 
 Each sheriff keeps a carefully detailed record of the management of the jail "and 
 the condition of the prisoners (including "record" and social condition), in uniform 
 books provided by the secretary of state. On this basis he makes a thorough report 
 annually to the secretary of state, and gives a copy to the county clerk for use of 
 county supervisors. The secretary of sta.te annually gives the governor abstracts of 
 all such reports. 
 
 OHIO. 
 
 [Annotated Revised Statutes 1900, sec. 655.1 
 
 • Board of State charities (law put in force 1880). — Six persons, not more than three 
 of one political party, are appointed by the governor for three years, who shall be a 
 member and president. There is no compensation, except $1,200 for secretary. 
 
 Duties. — They shall investigate the whole system of public charities and correc- 
 tional institutions of the State, examine into the condition and management 
 thereof, especially of municipal and State prisons and reformatories, workhouses, 
 jails, children's homes, and State institutions; and the officers in charge of all such 
 institutions, and those who are in any way responsible for the administration of 
 public funds used for the relief or maintenance of the poor, shall furnish the board 
 or its secretary such information and statistics as they may require; and, to secure 
 accuracy, uniformity, and completeness in such statistics, the board may prescribe 
 such forms of report and registration as they may deem necessary. All plans for new 
 jails, workhouses, children's homes, infirmaries. State institutions, and municipal 
 lockups, or prisons, and for important additions to or alterations in such existing 
 institutions, shall, before their adoption by the proper officials, be submitted to the 
 board for criticism and approval. 
 
 The governor, in his discretion, may at any time order an investigation by the 
 board, or by a committee of its members, of the management of any penal, reforma- 
 tory, or charitable institution of the State, and said board or committee in making 
 such investigation shall have power to send for persons and papers and to administer 
 oaths and affirmations; and the report of such investigation, with the testimony, 
 shall be made to the governor, and shall be submitted by him, with his suggestions, 
 to the general assembly. 
 
 The board shall annually prepare and print, for the use of the legislature, a full 
 report of all their doings, showing also the actual condition of all institutions under 
 their control, with such suggestions as they deem. necessary. 
 
 INDIAI^A. 
 
 Stale board of charities {law in force February S8, 1889) — Appointment. — (§ 3193 
 Eevised Statutes, 1901. ) Six persons, three each from the two leading political par- 
 ties, are to be appointed by the governor for three years without compensation. 
 ' The governor ex officio is a member and president. There is no compensation, 
 except for the secretary, and that not specified, save that total expenses of the board 
 are Umited to |4,000. 
 
 Duties. — They shall investigate the whole system of public charities and correctional 
 institutions of the State, examine into the condition and management thereof, espe- 
 cially of prisons, jails, infirmaries, public hospitals, and asylums, and the officers in 
 charge of all such institutions shall furnish to the board, on their request, such infor- 
 mation and statistics as they may require; and to secure accuracy, uniformity, and 
 completeness in such statistics the board may prescribe such forms of report and reg- 
 istration as they may deem essential, and all plans for new jails and infirmaries 
 shall, before the adoption of the same by the county authorities, be submitted to 
 said board for suggestion and criticism. 
 
 The board, in its discretion, may at any time make an investigation by the whole 
 board, or by a committee of its members, of the management of any penal, reformatory, 
 or charitable institution of the State; and said board, or committee, in making such 
 investigation, shall have power to send for persons and papers and to admmister 
 oaths and affirmations; and the report of such investigation, with the testimony, 
 shall be made to the governor and shall be submitted by him, with bis suggestions, 
 to the general assembly. 
 
MODERN PBISOlf SYSTEMS. 159 
 
 County boards of charities and corrections shall send to the State board copies of 
 all reports to county officials or judges. The State board shall furnish blanks, sta- 
 tionery, and postage for required reports. 
 
 ILIii:N^OIS. 
 
 The State prison at Joliet is visited by the governor semiannually for the purpose 
 of examining its affairs. In connection with the commissioners, he may offer such 
 changes in discipline as he may deem fit. A similar organization is found at the 
 other State prisons. 
 
 Officers of the penitentiary are 3 commissioners, 1 warden, 1 deputy warden, 1 
 chaplain, 1 physician, 1 steward,, 1 matron, and as many watchmen as commission- 
 ers deem necessary. 
 
 Commissioners are appointed by the governor, with advice of senate, and are sub- 
 ject to removal by the governor, which removal and cause must be submitted to the 
 general assembly. Term of office is for six years. The commissioners appoint for a 
 period of three years the warden, chaplain, and physician, which officers may be 
 removed by the commissioners. No person is eligible for the office of commissioner 
 who holds any office under State or is in any business capacity connected with the 
 penitentiary. The commissioners have to enter into a bond to the people of the 
 State in the penal sum of $25,000, with good and sufficient sureties. 
 
 Warden has to enter into a bond in the penal sum of $50,000, with good and suffi- 
 cient sureties. With the consent of the commissioners, the warden may select 
 deputy warden, clerk, and steward, who give bond in sum of $3,000. The warden 
 may appoint other subordinate officers. 
 
 Duties of commissioners: They meet at the penitentiary once a month or oftener. 
 They examine and inquire into all matters connected with the penitentiary, and 
 systematize the rules and regulations by which the affairs of the institution are largely 
 guided. They make a biennial report to the governor, and keep records of their 
 transactions, such as discipline and police of penitentiary, money concerns, and con- 
 tracts for work, and other allied matters. 
 
 Duties of warden : He keeps daily record of what is going on in the penitentiary, 
 carries out rules and regulations as prescribed by the commissioners, and makes 
 monthly reports to them. He likewise attends to all fiscal concerns of the peniten- 
 tiary of which he renders monthly accounts. 
 
 Salaries: Annual salaries of officers of the penitentiary are as follows: Commis- 
 sioners, $1,500 each; warden, $2,500; deputy, $1,800; chaplain, $1,500; physician, 
 $1,500. 
 
 Illinois reform school. — Managers: Illinois has a reform school at Pontiac. The 
 governor, with the advice of senate, appoints five citizens who constitute a board of 
 managers of the reformatory. Not more than three managers can be appointed from 
 the same political party. They appoint a general superintendent, chaplain, and 
 physician. All other subordinate officers are appointed by the superintendent. 
 The managers have to enter into a bond of $5,000 for faithful performance of duties. 
 The board elects a president and vice-president for a term of two years. 
 
 Duties: The board examines all accounts and expenditures at least each quarter; 
 makes all necessary rules and regulations, and makes annual reports to the governor. 
 Managers receive no compensation for management except actual expenses involved 
 in performance of duties. 
 
 Superintendent: The general superintendent has to give a bond in the sum of 
 $50,000. He resides in the institution and acts as secretary of the board, having 
 charge of all books and records. He has charge of inmates of institution. The 
 annual compensation of the general superintendent and of- the subordinate officers 
 is fixed by the board of managers. 
 
 The jails are inspected by the State board of charities, and descriptions of their 
 condition may be found printed in their renorts; but the board has no power to 
 correct the abuses found. 
 
 NORTH CAROLrN^A. 
 
 [See North Carolina Code, 1883, sees. 2331-41.] 
 
 The general assembly shall select five electors, one to be chosen each year and to 
 serve for five years, to constitute a board of public charities for North Carolina. 
 
 They shall hold regular meetings on the first Tuesday of January, April, July, and 
 October, and as often besides as they deem needful. They shall investigate and 
 
160 MODEBN PBISON SYSTEMS. 
 
 supervise the whole system of the charitable and penal institutions of the State, and 
 shall recommend such changes and additional provisions as they may deem needful 
 for their economical and efficient administration. 
 
 They are to study and advise in regard to the general condition of crime, vagrancy, 
 and pauperism of the State. They are to investigate causes of insanity and furnish 
 to the general assembly data on which to base future legislation for the amelioration 
 of such conditions; to investigate and report on condition of jails; to see that any 
 insane person, whether a public charge or not, receives proper treatment; they can 
 require a report of any superintendent of the several charitable and penal institutions 
 relating to its inmates, their manner of treatment and instruction, as well as struc- 
 ture of their bxiildings, or to furnish any desired statistics. They submit to the leg- 
 islature biennial reports of their work, with such recommendations as they may 
 see fit. 
 
 The board of county commissioners of each county shall annually report to the 
 board of charities on the number and condition of the inmates of their poorhouses 
 and prisons, also the number of outdoor paupers, deaf, blind, idiotic, and insane in 
 their county not in almshouse or asylum, and any other information necessary to get 
 a complete view of the number and conditions of these classes in the State. Blanks 
 for this purpose are to be furnished by the board, and refusal to comply will subject 
 the county commissioners to a fine not exceeding flOO. The board of charities 
 receive no compensation. 
 
 The control and management of charitable and penal institutions in North Caro- 
 lina are vested in local boards of directors appointed in each case by the governor 
 with the advice and consent of the senate. The directors of the charitable institu- 
 tions receive no compensation, but those of the penitentiary receive $300 per annum. 
 They are five in number. 
 
 Missoimi. 
 
 [Statutes, ch. 80, § 5058-6062, 1899.] 
 
 State board of charities. — The governor shall appoint six persons, who with the gov- 
 ernor shall constitute a State board of charities. Two shall be women and of the 
 other four not more than two shall belong to the same political party. The term is 
 six years. 
 
 Duties: The board shall hold quarterly meetings, shall have the power, and it is 
 its duty, to investigate the whole system of charities and corrections of the State. A 
 report of such investigations shall be made to the governor. They shall make full 
 reports to the governor biennially. 
 
 They receive no compensation above their necessary expenses. They employ a 
 secretary, who receives a salary of $1,000. 
 
 PenUetdiaries (Statutes, chapter 141). — They are under the direction and control of 
 three inspectors and a warden. The State auditor, State treasurer, and attorney- 
 general shall be ex officio inspectors of the penitentiary and shall receive each a sal- 
 ary of $250. The warden and physician shall be appointed by the governor, by and 
 with the consent of the senate, for a term of four years. Salaries of these: Warden, 
 $2,250, house, and fuel; physician, $1,200. The warden has general control, subject 
 to the approval of the inspectors. 
 
 The inspectors shall make monthly visits for inspection into the detailed work of 
 the penitentiary, require reports of the warden, and themselves make reports to the 
 sessions of the general assembly. 
 
 Jails (Statutes, chapter 120). — Each county shall have a jail, under the manage- 
 ment of the sheriff. The grand jury is to inspect jails and report to the court. The 
 board of chdrities also has the power to inspect jails. Separation of prisoners for 
 civil causes and criminals and male and female prisoners shall be enforced. 
 
 TElvTN-ESSEE. 
 
 [See Code of Tennessee, 1896, Title 11, ch. 4.] 
 
 The State of Tennessee manages its charitable and penal institutions through local 
 managing bodies, one for each institution. These are appointed by the governor, 
 with the advice and consent of the senate, and manage and control the institutions 
 through superintendents and subordinate officers. These managing bodies are called 
 in the case of asylums, school for the blind, and school for the deaf, boards of trua- 
 
MODERN PRISON SYSTEMS. 161 
 
 tees; in the case of the penitentiary, board of prison commissioners, and in case of the 
 county workhouse, the board of workhouse commissioners. The last named are 
 appointed by the court, the two former by the governor. The governor also appoints 
 the superintendent, warden, assistant wttrdens, physician, chaplain, and matron of 
 the penitentiary, but the board of prison commissioners fixes their salary under cer- 
 tain limitations. 
 
 The county jails are under the tiounty sheriff except where such jail' has been 
 declared a workhouse, when the sheriff may, if he desires it, become superintendent 
 of that workhouse. 
 
 Board of State charities. — In addition to the several local bodies of manage- 
 ment of charitable and correctional institutions there is in Tennessee a board of State 
 charities. This board consists of six members, not more than four of whom can be 
 of the same political party. They are appointed by the governor for a term of three 
 years, two being appointed each year. The governor is also a member of this board. 
 They shall serve without compensation. 
 
 "The board of State charities shall hold their meetings quarterly, or as of ten as 
 may be necessary for the purposes of the board. They may make such rules and 
 orders for the regulation of their own proceedings as they may deem necessary. 
 They shall investigate the whole system of public charities and correlational institu- 
 tions of the State, examine into the conduct and management thereof, especially of 
 prisons, jails, infirmaries, public hospitals and asylums, and the officers in charge of 
 all such institutions shall furnish to the board, on their request, such information 
 and statistics as they may require, and to secure accuracy, uniformity, and complete- 
 ness in such statistics, the board may prescribe such forms, report, and registration 
 as they may deem essential." (Ch. 4, sec. 2673.) 
 
 "All plans of new jails and public infirmaries and hospitals shall, before the adop- 
 tion of the same by the county or city authorities, be submitted to said board for 
 suggestions and criticism." 
 
 The governor may order an investigation at any time by the board or some of its 
 members of any of the institutions under its jurisdiction. In such investigation the 
 board has power to send for any person or papers and to administer oaths and affir- 
 mations. The report of such investigation, with the testimony taken, shall be made 
 to the governor, and he shall submit it, with his suggestions, to the general assembly. 
 
 They shall prepare and print, for the use of the legislature, a full and complete 
 report of all their doings, showing the conditions of the institutions, with such 
 suggestions as they may deem necessary and pertinent as to the management and 
 conduct thereof. 
 
 They may appoint a secretary. 
 
 COLOKADO. 
 
 [Extracts from Annotated Statutes, 1891, and Supplement, 1896.] 
 
 The state board of charities and correction is composed of six persons, appointed 
 by the governor, with consent of senate, for six years. No compensation is allowed 
 except for secretary. It has power to examine into the condition and management 
 of all prisons, jails, reformatories, and industrial schools. All plans for jails, hos- 
 pitals, and similar buildings shall be submitted to it for suggestions and approval 
 before adoption by State, county, or municipal authorities. 
 
 County board of visitors is composed of six persons appointed by probate judges of 
 each county. They shall keep themselves fully advised of the condition and man- 
 agement of all charitable or corrective institutions supported in whole or in part by 
 county or municipal taxation, or under county or municipal control; especially the 
 infirihary, county jail, municipal prisons, and children's homes, visiting the same at 
 least once every three months. 
 
 They shall make an annual report to State board of charities and correction. 
 
 Penitentiary. — The government of the penitentiary is vested in a board of commis- 
 sioners (3) , appointed by the governor with advice of senate, for six years. The 
 governor appoints the warden and he appoints the other officers. The members of 
 the board receive $400 per year and 10 cents mileage, and furnish a f5,000 bond. 
 
 Reformatory (for male offenders). — The government of the reformatory is vested in 
 the penitentiary commissioners. 
 
 Jails. — There is no provision for State supervision of jails, save that county boards 
 must make quarterly visits. The board of charities and correction approves building 
 plans. The bureau of labor statistics (see Annotated Statutes, p. 526) makes biennial 
 
 H. Doc. 452 11 
 
162 MODEKN PRISON SYSTEMS. 
 
 report of the " number, condition, and nature of tiie employment of the inmates of 
 penitentiary, county jails, and reformatory institutions." 
 
 Boys' Industrial School. — tieneral supervision and management is vested in a board 
 of control of three men, appointed by the governor, with consent of senate, for six 
 years. Biennial reports are made to superintendent of public instruction and by him 
 sent to the legislature. The salary is $300, and 10 cents mileage. 
 
 Girls' Industrial School. — Management is vested in a board, of control of five mem- 
 bers (four women), appointed by the governor for five years with consent of senate 
 
 pen:n"Sylva:n'ia. 
 
 [Statutes, Vol. 11, sees. 3604^-3610, 1897, Pepper and Lewis's Digest.] 
 
 The board of charities is appointed by the governor for five years. It has eight 
 members, who serve without compensation. It has sujjervisory powers over asylums, 
 jails, and prisons; may examine into all their work; appoints board of visitors for 
 places where persons of unsound mind are kept; reports annually to governor and 
 legislature; has power to transfer indigent insane; receives reports from managers of 
 hospitals, inspectors of penitentiaries, and from persons in charge of jails; may 
 appoint a general agent and secretary for three years, who shall receive a salary of 
 $3,000. This board must visit all charitable and correctional institutions at least once 
 each year; must meet every three months at the capital, and must inspect and approve 
 plans for prisons and almshouses. 
 
 Penitentiaries. — (Statutes, Vol. II, p. 3427, sees. 18 and 21; also sec. 28.) The man- 
 agement of the two penitentiaries of Pennsylvania is vested in a board of five 
 inspectors for each institution, appointed by the governor for a term of two years, 
 and who shall reside in the county in which the institution is located. 
 
 These inspectors have the management of their respective institutions, subject only 
 to the statutory regulations. They appoint all other officers and fix salaries. They 
 have charge of the finances of the institutions. They report to the legislature 
 annually; also quarterly to the board of public charities. Similar reports to the 
 board of public charities are also made by keepers of jails and clerks of criminal 
 courts. They visit the penitentiaries twice a week. These boards of inspectors serve 
 without compensation. They are exempt from military duty, from service on jury 
 and arbitrations, or as guardians of the poor. 
 
 Jails (see Statutes, Vol. I, sees. 2428-2449, Pepper and Lewis's Digest) are in charge 
 of sheriff or jailer or inspectors. They must be so constructed as to enable every 
 prisoner to be confined separately. 
 
 The county jail of Philadelphia is managed by a board of twelve inspectors, of 
 which three are appointed as visiting inspectors. 
 
 IS^EW JERSEY. 
 
 [Extracts from General Statutes, 1896.] 
 
 New Jersey exercises central control through local boards responsible to the 
 
 fovernor, and secures supervision through an official council and a semiofficial 
 tate charities aid association. 
 
 State council of_ charities and correction. — This consists of six persons, appointed by 
 the governor, w.ith consent of senate, for six years, himself being ex officio president. 
 It "may investigate the system of public charities and correctional institutions of the 
 State and examme into the condition and management of all prisons, penitentiaries, 
 jails, reform schools, or other places of correctional detention, * * * and recom- ' 
 mend in writing such changes as it may deem necessary * * * to the officers, 
 directors, and overseers of such institutions." 
 
 They receive no compensation. They make annual reports for the use of the 
 legislature. 
 
 State Charities Aid Association. — This organization, upon special permission of a 
 supreme court justice, may examine "any of the county, town, township, or city 
 poorhouses, prisons, jails, penitentiaries, reformatories, and asylums." 
 
 All persons in charge of such institutions must render any cooperation desired. 
 
 The association makes an annual report to the State. 
 
MODERN PEISON SYSTEMS.- 163 
 
 State prison. — A board of six inspectors is appointed by the governor, with consent 
 of senate, for five years. 
 
 They meet monthly or oftener, make rules for the general government of the 
 prison, inspect the accounts of the supervisor and examine into his dealings, and 
 make an annual report to the governor. 
 
 The supervisor oi the prison, who is appointed by the governor, with consent of 
 senate, for three years, has general charge of its affairs, under the board of inspectors, 
 The supervisor may be removed by the governor on complaint of the board. 
 
 Penitentiaries. — Provision is made for the imprisonment of short-time convicts in a 
 penitentiary in any county where such is located. 
 
 Jails and workhouses are in the custody of the sheriff, subject to the "board of 
 chosen freeholders," which corresponds to board of county commissioners in somtj 
 other States. 
 
 Reform school for boys is under the management and control of 6 trustees appointed 
 by governor, with consent of senate, for three years. They appoint a superintendent 
 and all other officers and employees. One or more must visit the school every fort ■ 
 night. They make an annual report to the governor, which he presents to the 
 legislature. 
 
 Industrial school for girls.— The governor, chancellor, and chief justice « constitute 
 a board of control, who appoint 6 trustees to take charge of the management and 
 general interests of the institution. They may be removed by the board. They 
 appoint 6 lady managers aa associates and may remove them. 
 
 They appoint a superintendent, matron, and other officers and teachers, and may- 
 remove them at pleasure. They make an annual report to the governor, who sub 
 mits it to the legislature, and they also make a quarterly report to the governor. 
 
 BOARDS OF CONTROL. 
 
 Central State boards of control, prison commissions, etc. Examples of this typt» 
 are Rhode Island, Wisconsin, Iowa, Minnesota. New York and Massachusetts havb 
 central control, but also independent agencies of supervision. 
 
 RHODE ISLAND. 
 
 The board of State charities and corrections of Rhode Island. — (See general laws of 
 Rhode Island, 1896, chap. 291.) This board shall consist of nine persons — three 
 from "the county of Providence, one from each of the other counties, and one from 
 the State at large. 
 
 The board is appointed by the governor, with the advice and consent of the sen» 
 ate, for a term of six years. 
 
 A secretary is appointed by the board, who, by virtue of his office, becomes a 
 member of the board. His salary is fixed by the board. 
 
 Duties: They shalfhave the oversight, management, and control of the State farrDi 
 in Cranston, of the State workhouse and house of correction, the State asylum foi' 
 the incurable insane and State almshouse thereon, together with the State prisom 
 and the jail in the county of Providence. They shall also have the government o^ 
 the State reform school. 
 
 The board shall appoint an agent for State charities and corrections, who shall bei 
 salaried and hold his office during their pleasure. Under the direction of the board 
 he shall have general charge of the examination of paupers and lunatics, to ascertain, 
 their place of settlement, means of support and who is liable for their support, and 
 also attend to their placement, removal, etc. 
 
 They also appoint a superintendent of the State institutions at Cranston, who, 
 under their direction, shall have the central management of the above-named insti 
 tutions. In case of the State prison and Providence jail, and in respect to their con 
 dition and management, he is to report to the board from time to time. 
 
 This superintendent is to nominate the deputy superintendents of the institution^ 
 to be appointed by the board. All assistants are appointed by the superintendent 
 excepting those of the State prison and jail of Providence, who are appointed by th& 
 warden of the prison. 
 
 The board determines the salaries of all officials appointed by them or theii 
 inferiors. 
 
 They are to adopt all needful rules and regulations for the government of these- 
 institutions and to make and to contract the labor of the inmates. They may bind 
 out paupers, move, remove, or transfer inmates. 
 
 aThis later amended, providing appointment by governor with consent of the senate. 
 
164 .MODERN PRISON SYSTEMS. 
 
 They are to have charge of the purchase of supplies, sale of goods, and contract for 
 labor of inmates. 
 
 They appoint the warden, physician, and religious instructor of the State prison, 
 and also the deputy warden on nomination of the warden. The warden appoints the 
 other officers and assistants. 
 
 They make all rules and regulations for internal policy of the prison and have full 
 authority over the convicts. 
 
 They are to visit the prison, by one or more members, at least twice a month, and 
 keep a record of visits and complaints. 
 
 They shall make annual reports to the general assembly of their doings, including 
 names and salaries of those appointed and employed by them. 
 
 Supplementary hoard. — A board of female visitors, consisting of 7 competent women, 
 shall be annually appointed by the governor to act as an advisory board of visitors 
 to penal and correctional institutions where women are kept, and also to the State 
 reform school. This board shall hold monthly meetings in the city of Providence. 
 They may call special meetings. Four members shall constitute a quorum. They 
 receive no pay, merely expenses. They are to make their visits at least once in 
 three months, "and shall have the same power to visit and inspect such places of 
 confinement and to examine into the government and discipline of the same, so far 
 as relates to female inmates thereof, as is exercised by the board of State charities 
 and corrections, and shall make such suggestions and give such counsel to said board 
 as shall be deemed expedient and proper: Provided, That said board shall have no 
 authority over any officers of the institutions aforesaid or any power to interfere in 
 their management or discipline." They shall make a written report annually to the 
 general assembly. 
 
 WISCONSIN. 
 
 Title of the hoard. — State board of control of Wisconsin reformatory, charitable, and 
 penal institutions (see K. S. Wis., ch. 29., law passed 1898). 
 
 The board is appointed by the governor, with the advice and consent of the senate. 
 The term of office is five years, one member going out of office each year. The 
 number of members is five, no two of whom can reside in the same Congressional 
 district, and not all may belong to the same political party. 
 
 Duties: To maintain and govern the Wisconsin State and Northern hospitals for 
 insane, State prison, the Wisconsin State Reformatory, the Industrial School for Boys, 
 the School for the Blind, the School for the Deaf, the State Public School for 
 Dependent and Neglected Children, the Home for the Feeble-minded, and all other 
 reformatory, charitable, and penal institutions that may be established by the State; 
 to supervise and direct the management and affairs of said institutions and promote 
 the object for which they were established; to preserve and care for the buildings, 
 grounds, and all other property connected with such institutions; to hold trust funds 
 for these institutions; to make annual inventory and appraisW of property (on or 
 before October 1) of each institution; to make necessary by-laws, not in conflict 
 with State laws, for the government of the institutions; to inspect each in a body or 
 by special committee of the board once each month; to look into the work of the 
 employees and the well-being of the inmates; to fix the number of, appoint, and 
 remove officers, teachers, and employees of the institutions. They shall annually 
 appoint the executive heads and prescribe their duties and salaries where these are 
 not fixed by law. 
 
 They have charge of schools, where such are maintained; prepare and change, 
 when necessary, a system of uniform bookkeeping and reports; act as commissioners 
 of lunacy, with power to remove inmates from one institution to another, or to 
 homes, and to investigate charges against institutions or employees; may institute 
 manufacture in State prison by a unanimous vote of the board, and may incur a debt 
 of $100,000 against the State for that purpose, provided the governor, secretary of 
 state, and attorney-general give their consent. 
 
 Each member shall receive a salary of $2,000 and necessary expenses. They can 
 employ a secretary, two clerks, and a stenographer. 
 
 The secretary shall act as bookkeeper and keep separate accounts with each depart- 
 ment of the several institutions. He receives . a salary. There are no women 
 members. 
 
 Duties of board as to other than State institutions: To investigate and supervise 
 all charitable and correctional institutions aided at all by the State, and all indus- 
 trial schools, hospitals, and asylums existing or which may exist; to examine and 
 
MODEEN PRISON SYSTEMS. 165 
 
 approve plans with reference to building of asylums, poorhouses, and jails; to visit 
 and inspect county asylums once in three months, either by full board or by com- 
 mittee; to examine poorhouses, jails, city prisons, and houses of correction to ascer- 
 tain sanitary conditions, whether hardened criminals are separated from juvenile 
 offenders, persons suspected of crime or detained as witnesses; if useful employment 
 is furnished prisoners; what is the treatment of the insane; what is the effort for 
 reformation ; collection of information affecting proper treatment of criminals, and 
 whether crime ia being diminished. They can recommend changes which must be 
 brought about through local authorities. 
 
 Historical changes. — Tte State board of charities and reform and the State board of 
 supervision of charitable, reformatory, and penal institutions were abolished in 1891, 
 and in the place of these two the State board of control was created and its duties 
 defined by chapter 221, 1891. In 1895 this board was abolished and a new board with 
 much the same powers and duties, but with one member less, was established (chap. 
 202, 1895). The above chapter 29, Eevised Statutes, 1898, is based on chapter 221, 1891, 
 and chapter 202, 1895, with such amendments as have since been made to these acts. 
 
 IOWA. 
 
 Board of control of State insiituiions. (See chap. 118, S. F., 201; statute approved 
 March 26, 1898.) 
 
 Title of board: Board of control of State institutions. 
 
 The board is appointed for a term of six years by the governor, approved by a two- 
 thirds vote of the senate. There are three members, only two of whom can be of 
 the same political party. 
 
 Duties: To establish a uniform system of books and accounts for the State institu- 
 tions and to cause the same to be examined annually by a skilled accountant, and to 
 annually require a settlement with the oflScers of each institution; to prepare and 
 submit biannual reports of the work, needs, and expenditures of the several institu- 
 tions to the governor and legislature, with suggestions for legislation. 
 
 The board shall visit and inspect, at least every six months, each institution and 
 look into the financial condition and management. For such inspection the board 
 has court powers. This visit or investigation may be done by a committee of the 
 board. 
 
 The board shall have charge of plans and specifications and improvements of build- 
 ings and expenditure of appropriations; they may employ an architect at a salary 
 not to exceed $3,000; they shall investigate charges of abuses — shall go into the 
 details of the work of the institutions, even to personal interviews with inmates. 
 
 They shall hold quarterly conferences of superintendents, wardens, and chief 
 executives of the institutions. 
 
 The board has power to district and redistrict the State with reference to the sec- 
 tions from which each institution is to receive inmates. 
 
 They keep complete records of the inmates of the institutions; have the power of 
 appointment and removal of superintendents, wardens, and other executive officers; 
 investigate questions of insanity and transfer inmates; collect information bearing on 
 their work in this and other countries and promote scientific investigation; pass on 
 estimates of supplies and stipulate rules for purchase of same; fix all salaries except 
 those fixed by general assembly. 
 
 Each member of the board shall receive a salary of 13,000 per annum and shall 
 give all his time to the duties of the office. Necessary expenses are paid by the 
 State. There is no provision for women members. The board appoints a secretary, 
 at a salary not to exceed $2,000 and necessary traveling expenses when away in 
 the interest of the board. 
 
 The power now exercised by this board was formerly vested in the governor and 
 the executive council, together with the local boards of trustees for the various 
 institutions. 
 
 MIIiTl^ESOTA. 
 
 [Chap. 122, Laws of 1901, approved April 2, 1901.] 
 
 Board of control. — The governor, with consent of senate, appoints three electors of 
 the State to be a " Board of control of State institutions." The salary of each mem-, 
 ber is $3,500 a year and traveling expenses are paid. One member retires each two 
 
166 MODERN PRISOK SYSTEMS. 
 
 years, the regular term being six years. Each member gives a bond of $25,000. The 
 board is subject to the examination of the public examiner of the State. The board 
 Cs to hold conferences with executive officers of State institutions and has power to 
 enforce its recommendations made to them. A secretary is provided, at a salary of 
 !$2,000 annually, and an office with clerks is furnished. Reports are made to the 
 governor biennially, and budgets of all institutions are to be presented before the 
 meeting of the legislature. The board has power to appoint and remove executive 
 officers. The executive officer appoints his subordinates, the board naming the 
 offices and salaries. The board has power to make regulations for the institutions; 
 to prescribe uniform methods of keeping accounts; to collect information and statis- 
 tics; to inspect all establishments, with access to all records and power to compel 
 testimony of witnesses; to make suggestions to the legislature; to pass on plans for 
 buildings and improvements; to purchase supplies on contracts. 
 
 The State prison, training school for boys and girls, and State reformatory are 
 ander its control. 
 
 Complex types. — In a few of the older, larger, and most advanced States, as 
 Massachusetts and New York, we find all the types of organization combined in a 
 highly complex system. 
 
 MASSACHUSETTS. 
 
 SYSTEM OF STTPEBVISIOIT OP PBISONS AND JAILS. 
 
 [Revised Laws of Massachusetts, ch. 222.] 
 
 1. Appointment and organization. — In 1901 the general court of Massachusetts estab- 
 lished a board of prison commissioners comprised of five members, two of -whom 
 must be women. The members are appointed by the governor, with the advice and 
 consent of the council, for a term of five years each, one to be appointed each year. 
 
 The governor designates one as chairman, who receives a salary of $4,000 in addi- 
 tion to necessary expenses. The other members receive only the necessary expenses 
 incurred in performing their duties. No member of the board can be financially 
 interested in any business of the institutions under his care. 
 
 The board may delegate to the chairman any of its powers except the authority to 
 ••elease or transfer prisoners. 
 
 II. Duties. — 1. The board shall appoint a secretary from outside their own num- 
 ber, who shall receive a salary of $2,500 and necessary expenses, and who shall 
 \)ecome an executive officer of the board. They may also hire clerical help up to a 
 »«rtain financial limit fixed by the general court. 
 
 2. They shall have the general supervision of the State prison, of the Massachu- 
 ■setts Reformatory, of the Reformatory Prison for Women, and of jails and houses of 
 jiorrection. 
 
 They shall make rules governing the officers, prisoners, property of the prisons, 
 regulating the food and clothing of the prisoners, and they shall also make rules 
 governing the teaching- of prisoners who are committed to a jail or house of cor- 
 rection for six months or more to read and write, and for exercise and supervision 
 and medical treatment of sentenced prisoners and those in solitary confinement in jails 
 and houses of correction. These rules are to be approved by the governor and coun- 
 cil. Local authorities, such as jailers, keepers of houses of correction, county com- 
 missioners, and penal institution commissioner of city of Boston shall make no rules 
 conflicting with these. 
 
 III. Visits.— A. Prisons: The full board shall visit the prisons semiannually and 
 make a thorough examination thereof. A majority of the board shall make these 
 visits once in three months, and one or more of its members once each month for 
 the purpose of inspecting the work of the officers, the condition of the prisoners, 
 and the books of each institution. Any violation of the rules and regulations shall 
 be immediately reported to the governor and council. 
 
 B. Jails, etc.: Tne following is the exact wording of the statute: 
 "They or one of them shall visit each jail and house of correction at least once in 
 six months for the purpose of inspecting the books and all the affairs thereof and of 
 ascertaining whether the laws and rules are duly observed, the officers competent 
 and faithful, and the convicts properly governed and employed. And for this pur- 
 pose they shall have all the powers which the county commissioners or the penal 
 institution commissioners of the city of Boston as inspectors of prisons have in their 
 several counties." 
 
MODERN PRISON SYSTEMS. 167 
 
 IV. Reports. — A. Received by board: Clerks of courts shall annually, on or before 
 October 15, report all criminal cases commenced in the superior courts of the 
 county on or before September 30 of the previous year; also all criminal cases 
 entered on appeal during the same time. 
 
 Clerks of jiolice, district, and municipal courts or justices, if there are no courts, 
 and trial justices shall annually, at the same time and for the same period, make a 
 like report of all criminal cases in which they exercise jurisdiction and shall state 
 whether such jurisdiction was final or otherwise. Blanks for these purposes shall be 
 furnished by the board. 
 
 Whoever refuses or neglects to make the report required of him bv this section 
 shall forfeit ?200. 
 _ The board of police of the city of Boston, city rnarshals or chiefs of police of other 
 cities and of towns, and every officer who makes an arrest in a city or town which 
 does not have a city marshal or chief of police, shall make monthly reports to the 
 prison commissioners of the number of persons of each sex that have been arrested 
 m their several cities or towns. Such reports shall be classified according to the 
 offences. An officer who refuses or neglects to make such reports shall forfeit $50. 
 
 B. Reports rendered by the board: The prison commissioners shall, at least once 
 in six months, report in writing to the governor the condition of the prisons. If 
 executive action is necessary with reference to conditions of administration, financial 
 management, or discipline, they shall call attention to such need in such report. 
 
 2. In the first week of January they shall present to the general court their annual 
 report for the preceding year, setting forth present conditions and including an esti- 
 mate of what will be required for each institution for the coming year. These reports 
 include the reports of the officers in charge at the institutions, which they are 
 required to make to the board. 
 
 V. Appointments and approvals. — A. Appointments: The board of commissioners 
 appoint the warden of the State prison and the superintendents of the other two 
 prisons, who appoint all their assistants. This power of appointment was formerly 
 vested in the governor of the State. 
 
 B. Approval: The board is called upon to approve the contracts of bills to be 
 entered into by the prisons; also the personnel of^an arbitration commission, should 
 one be appointed to settle disputes. 
 
 l^EW YORK. 
 
 REFORMATOBY AND PENAL INSTITTJTIONS IN THE STATE. 
 
 Sources. — The State constitution, in Vol. IV of Heydecker's General Laws and 
 Revised Statutes of New York, second edition, 1901. 
 
 The Prison System of New York, by George McLaughlin, secretary of State com- 
 mission of prisons, published in proceedings of first New York conference of char- 
 ities and correction, 1900 (pp. 220 ff). 
 
 Politics in Prisons, Penitentiaries, and Jails, by R. W. Hebberd, secretary of State 
 board of charities, published in proceedings of second New York conference of char- 
 ities and correction, 1901 (pp. 173 ff ). 
 
 The State of New York shows various methods of central control, supervision, 
 inspection, and social cooperation. The population being very great, and in urban 
 districts very dense, the system must be correspondingly complex. 
 
 The reformatory and penal institutions in the State of New York are as follows: 
 
 Town and village lockups, for temporary detention only of accused prior to hearing 
 or pending removal to county jail; also city police station houses. 
 
 County jails, one in each county. These are under control of the sheriff (H. 1229) 
 elected for three years and ineligible for a second consecutive term (H. 4235). 
 
 County workhouses may be established for the confinement of persons committed 
 to county jails (H. 1232) . They are maintained by supervisors. 
 
 County penitentiaries. — Of these there are six (in Albany, Erie, Kings, Monroe, New 
 York, and Onondaga counties), owned and managed by the county, but which 
 receive prisoners from other counties convicted of misdemeanors, felonies (if sentence 
 is for one year or less), tramps, and all males between 16 and 21 years convicted of 
 State's prison offenses. The State pays for care of such. These places are under 
 the control of boards of supervisors (H. 4449), except in Albany County, where con- 
 trol is vested in a commission, consisting of the district attorney of the county and 
 the county treasurer, with one other, appointed each five years by the president of 
 the board of county supervisors. 
 
168 MODERN PRISON SYSTEMS. 
 
 Houses of detention in any county (except Kings) for imprisonment of females 
 and males under 16, convicted of crime not punishable by death or more than five 
 years' confinement; control is by sheriff. 
 
 State industrial schools for juvenile delinquents (both sexes) at Eochester and at 
 Randalls' Island. These two are under the inspection of the State board of charities. 
 
 The State Charities Aid Association, in report for November, 1901 (29th annual), 
 records visit by committee to the Eochester school. 
 
 Houses of refuge (State) for women between 15 and 30 years of age at Hudson and 
 Albion. 
 
 Reformatories (State). — One for women between the ages of 15 and 30 years at 
 Bedford, and two for men between 16 and 30 years of age at Elmira and at Napanock. 
 
 States prisons. — Three for men, at Sing Sing, Dannemora, Napanock, and one for 
 women at Auburn. 
 
 Two hospitals for insane convicts (only three or four States have such) at Mattea- 
 wan and Dannemora. 
 
 The State maintains relations with the foregoing institutions in the following ways: 
 
 The State constitution (Art. V, sec. 4): "A superintendent of State prisons shall 
 be appointed by the governor, by and with the advice and consent of the Senate, 
 * * * for five years. * * * He shall have the superintendence, management, 
 and control of State prisons, subject to such laws as now exist or may hereafter be 
 enacted; he shall appoint the agents, wardens, physicians, and chaplains of the 
 prisons. The agent and warden of each prison shall appoint all other oflBcers, except 
 the clerk, subject to the approval of the superintendent. The comptroller shall 
 appoint the clerks of the prisons. The superintendent shall have all the powers 
 and perform all the duties not inconsistent herewith which were formerly performed 
 by the inspectors of State prisons. 
 
 "The governor may remove the superintendent for cause at anytime, giving to 
 him a copy of the charges and opportunity to be heard in his own defense." 
 
 The superintendent also has control of the hospitals for insane convicfa. 
 
 Extracts from prison law regarding superintendent of State prisons (H. 4393, 
 § 31 ) : " Shall receive an annual salary of $6, 000, and traveling expenses not to exceed 
 $500." For clerk hire and all incidental expense $4,950 a year is allowed. 
 
 He shall have an office in Albany. He shall have the superintendence, manage- 
 ment, and control of the State prisons and of the convicts therein, and of all matters 
 relating to the government, discipline, police, contracts, and fiscal concerns thereof. 
 (H. 4395, §40.) 
 
 He shall, on or before January 10 of each year, make a report to legislature for 
 year ending September 30, giving number of convicts and for what offenses, * * * 
 their moral, intellectual, and physical condition, and how employed, * * * com- 
 plete financial statistics, and such other matters as he deems pertinent and proper. 
 (H. 4396, §41.) 
 
 The State constitution ( Art. Vni,§ 11): "The legislature shall provide for * » * 
 a State commission of prisons, which shall visit and inspect all institutions used for 
 the detention of sane adults charged with or convicted of crime, or detained as wit- 
 nesses or debtors." (H. 4234.) 
 
 Chap. 1026 of laws of 1895, as amended in 1901, ch. 12: 
 
 § 1. The State commission of -prisons shall consist of 3 members, to be appointed 
 by the governor, by and with the advice and consent of the senate, for four years. 
 (H. 4389.) 
 
 § 2. It shall be their duty to aid in securing the just, humane, and economic 
 administration of all said institutions; to aid in securing the erection of suitable 
 buildings, * * » and to approve or reject plans for their construction or improve- 
 ment; to investigate the management of all said institutions and the conduct and effi- 
 ciency of officers or persons charged therewith ; to secure the best sanitary conditions of 
 the buildings and grounds, * * * andtopreserve the health of the inmates; to col- 
 lect statistical information in respect to the property, receipts, and expenditures, the 
 number and condition of the inmates, and to recommend such system of employ- 
 ment as may be, in their opinion, for the best interest of the public and not in con- 
 flict with the provisions of the constitution relating to the employment of prisoners. 
 
 § 3 provides for rooms in capitol, and stationery and books. (H. 4390.) 
 
 § 4 provides for a secretary to be chosen by the commission, at salary of $3,000, 
 and also clerical force. 
 
 § 5 provides for inspection and investigation of institutions by commission or secre- 
 tary; an annual report to be made in January. 
 
 § 6 provides that the warden of every prison (i. e., of the State), the superintend- 
 ent or manager of every penitentiary (i. e., of county, six in all), the keeper of every 
 jail or other institution used for the detention of sane adults * * * shall on the 
 
MODERN PEI80N SYSTEMS. 169 
 
 1st day of November of each year report to the commission the number of males and 
 females charged with crime and awaiting trial, the number convicted of crime, the 
 number detamed as witnesses and as debtors in custody on October 1, together with 
 a statistical exhibit of the number of admissions, discharges, and deaths during the 
 past year, the nature of the charge, the period of detention or sentence, and such 
 other facte and information as the commission may require. 
 
 I 7 provides fine of $100 for refusal to furnish the above information to the com- 
 mission. . 
 
 § 7a gives commission the duty and authority to require all the proper officials of 
 the State and the political divisions thereof, and of all public institutions of the State 
 and any political division thereof, supported wholly or partly by the State, or any 
 political division thereof, to furnish to the commission annually estimates for each 
 ensuing year of the amount of labor to be required by each, and of the articles which 
 may be manufactured in penal institutions, required to be purchased for the use of 
 the State, or the political divisions, or said institutions in their charge or under their 
 management. 
 
 § 8 provides compensation of $2,500 for president of commission. 
 
 H. 4391 contains section of law passed in 1846 to incorporate the Prison Association 
 of New York. This association is supported by private gifts and seeks to improve 
 the condition of prisons and of convicte. 
 
 The State board of charities. — (H. 4234, § 11.) The State constitution. Art. VIII, 
 § 11, says: 
 
 "The legislature shall provide for a State board of charities, which shall visit and 
 inspect all institutions, whether State, county, municipal, incorporated or not incor- 
 porated, which are of a charitable, eleemosynary, correctional, or reformatory charac- 
 ter, excepting only such as are hereby made subject to the visitation and inspection 
 of either of the commissions hereinafter mentioned (lunacy and prison), but includ- 
 ing all reformatories except those in which adult males convicted of felony are 
 confined." 
 
 Extracte from the State charities law. Ch. XXVI of General Laws. 
 
 (2101, § 2.) The term "State charitable institutions" shall include all institutions 
 of a charitable, eleemosynary, or reformatory character, supported in whole or part by 
 the State, except institutions for instruction of deaf and dumb and blind, and also, 
 those under visitation of lunacy and prison commissions, whether managed or con- 
 trolled by the State or private corporations, societies, or associations. 
 
 (H. 2101, § 3.) This board is composed of 12 members (commissioners), appointed 
 by the governor, with consent of senate, for eight years. 
 
 (H. 2102, § 5. ) Commissioners receive $10 a day for attendance on board or com- 
 mittee meetings, not to exceed $500 a year and expenses. 
 
 (H. 2102, §6.) Failure to attend three consecutive meetings of board, unless 
 excused by vote of board, may be treated by governor as resignation and he shall 
 appoint a successor. 
 
 Of the reformatory and penal institutions, therefore, the following are under the 
 supervision of the State board of charities: The State industrial schools at Rochester 
 and Randalls Island. 
 
 The last legislature amended the State charities law by the creation of a fiscal 
 supervisor of charities at a salary of $6,000, to have jurisdiction over the State char- 
 ities institutions, the State School for the Blind, and the Elmira Reformatory. His 
 duties are those of financial investigation and report only. — (The Mid- Year Bulletin 
 (May, 1902) of the State Charities Aid Association.) 
 
 The law also takes out of the hands of the State board of charities the approval of 
 plans for new buildings or important improvemente and pute it in the hands of the 
 governor, the president of the State board of charities, and the comptroller. 
 
 UNDIFFEIIENTIATED TYPE. 
 
 That of the newer States and Territories, where the governor, associated with other 
 State officers, acting as executive officer, also administers State institutions, a distinct 
 administrative body not having yet been evolved Examples of this type are Nebraska, 
 South Dakota, Wyoming, Utah, Oregon, Idaho, etc. 
 
 liTEBRASKA. 
 
 [Extracts from Annotated Statutes, 1901.] 
 
 Board of charities and correction consists of governor, commissioner of public lands 
 and buildings, and State superintendent of public instruction, the governor being 
 chairman. 
 
170 MODERN PRISON SYSTEMS. 
 
 The board appoints four advisory secretaries for four-year terms, none of whom — nor 
 of the board — receives compensation. It is their duty to inquire into the whole sys- 
 tem of public charities and the methods and practices^in the correctional institutions 
 of the State and counties, and to ascertain ,the condition thereof by inspection or 
 otherwise, especially of prisons, jails, infirmaries, public hospitals, asylums, reform- 
 atories, and industrial schools. The plans for all new jails, lockups, infirmaries, or 
 reformatories shall, before adoption by State, county, or municipal authorities, be sub- 
 mitted to the board for approval. 
 
 Penitentiary.- — The board of public lands and buildings are ex officio inspectors of 
 the penitentiary. 
 
 The warden is appointed by the governor, with approval of the senate. 
 
 The deputy warden, chaplain, and physician are appointed by the governor, and 
 other oflBcers and assistants by the warden. The board (of public lands, etc.) 
 annually audit, correct, and settle the accounts of the warden. 
 
 Board of_ public lands and. buildings (being Art. V, sec. 19, of constitution). — The 
 board consists of the commissioner of public lands and buildings (who is biennially 
 elected), with the secretary of state, treasurer, and attorney-general. It has general 
 supervision and control of all public grounds and lands, the State prison (peniten- 
 tiary), asylums, and all other institutions except those for educational purposes. 
 
 Jails. — The judges of the several district courts shall prescribe rules for the regu- 
 lation of the jails in their jurisdiction as follows: As to cleanliness of prisons and 
 prisoners; classification of prisoners in regard to sex, age, crime, and also insane, 
 idiots, and lunatics; beds and clothing; heat, light, and ventilation; medical and 
 'nirgical aid; employment, temperance, and instruction of prisoners; supplying each 
 prisoner with a Bible; intercourse between prisoners and others; violations of prison 
 rules; whatever «lse is deemed necessary. The sheriff makes annual report and 
 sends copies to the district court, county clerk, and secretary of state, who in turn 
 lays it before the legislature. Each judge shall lay all rules and plans established 
 'jy him before the ^rand jury each term. The grand jury shall once each term visit 
 Hjid examine the jail and inquire into the details of its management. County Com- 
 missioners must also visit jail once each quarter. 
 
 Reform school. — For the retention, education, discipline, industrial training, and 
 reformation of male juvenile offenders. The superintendent is appointed by the 
 governor, as also the assistant superintendent on the superintendent's recommenda- 
 Uon. All other oflBcers and teachers are appointed by the superintendent, with the 
 consent of the governor. 
 
 QirW industrial school. — A similar institution in purpose and government. 
 
 SOUTH DAKOTA. 
 
 Board of commissioners of charities and corrections. — (Statutes 1901, sees. 556-570.) 
 The name of the board is the board of commissioners of charities and corrections. 
 They are appointed by the governor, with the consent of the senate, for a term of 
 '.iix years. They are five in number. They receive as compensation $3 per day up 
 to a limit of $300 per annum. All expenses are paid by the State. They appoint a 
 oecretary of their own number, who receives $3 per day witnout any limit as to the 
 time he works. They assume all the duties usually discharged by local boards of 
 trustees of the several institutions in addition to that of inspection and supervision. 
 
 (§557.) Jurisdiction. — " Said board when duly organized, shall have control of the 
 Cenitentiary, insane hospital, school for the deaf and dumb, and the reform school 
 of the State, as hereinafter provided." (Ch. 5, 1890. ) 
 
 Visits: They must visit the institutions at least once a year. 
 
 They have charge of the financial management, procure fuel, supplies, etc. 
 
 Reports: They are to report biennially, or whenever called upon by the governor. 
 
 They appoint superintendents, warden, and subordinate officers, and make rules 
 for the conduct of employees and inmates. 
 
 Jails are to be provided by county commissioners. The circuit judge is to pre- 
 scribe rules for jails, the sheriff is to act as inspector of the same, and the grand jury 
 also shall visit the jails once during each term ot court to see if the jail is properly 
 kept and if the rules of the court have been complied with. 
 
 The county commissioners shall visit the jails once during each of the regular 
 meetings of the year. 
 
MODEEN PRISON SYSTEMS. 171 
 
 WYOMIIS^G. 
 
 State board of charities and reform. — (R. S. 1899; Div. 1: TL. 7.) The governor, 
 the secretary of state, the State treasurer, the State auditor, and Iho State superin- 
 tendent of public instruction constitute the State board of charities and reform. 
 
 Duties: This body has general supervision and control of all charitable, reforma- 
 tory, and penal institutions of the State, including buildings, grounds, employment 
 of officers and help, fixing salary, and having general charge of inmates, making 
 rules, and procuring supplies. The only exception as regards the institutions of the 
 State is the poor farm. 
 
 They employ the superintendent of public instruction as secretary of the board. 
 They hold monthly meetings, the governor being president of the board. Any three 
 members constitute a quorum. Special meetings may be called by the governor. 
 They make annual reports, including itemized account of expenditures of each insti- 
 tution. Every second year an estimate of needs of the institutions is laid before the 
 legislature. 
 
 Jails. — (R. S., chap. 6, 1899.) These are constructed under the direction of the 
 county commissioners; they are inspected by the grand jury and kept by sheriff or 
 jailor. Juvenile prisoners are to be kept separate from older prisoners whenever 
 practicable. The board of charities and reform have general charge and supervision 
 of all county jails, but they are not required to inspect the jails once a year as they 
 must in case of the other institutions. The sheriff shall report to the board on the 
 1st of January and July of each year on the condition of the jail under his charge. 
 
 UTAH. 
 
 [Extracts from Revised Statutes, 1898.] 
 
 State prison. — A board of corrections has government and control. It consists of 
 four members appointed for four years, with the governor ex officio The governor 
 appoints, with advice and consent of senate. No compensation is allowed — only 
 actual, and reasonable expenses. The warden is appointed by the board, to continue 
 at their pleasure. He may not be removed save for cause, of which they shall be the 
 sole judges. All other officers are appointed by the warden, with the approval of 
 the board, and continue at their joint pleasure. The warden makes a monthly finan- 
 cial report to the board, and also a general annual report. The board makes bien- 
 nial reports to the governor and legislature. 
 
 Industrial school. — A board of trustees of three members, appointed by the gover- 
 nor (with consent of senate) for four years, has "government and control." They 
 receive expenses, but no compensation. The board appoints a superintendent and 
 a secretary, who is not of their own number. One or more trustees shall visit the 
 school at least monthly. 
 
 County jails are in the care of the shrift. There is no provision for inspection or 
 oversight of any sort. Since, however, the expense of maintenance is paid by the 
 county commissioners, they probably exercise some measure of control. 
 
 OREGON. 
 
 [Extracts Irom Annotated Statutes, edition of 1902.] 
 
 The penitentiary. — The governor shall visit the penitentiary at least four times a 
 year, and of tener if he deems it necessary. He is allowed for this service $500 a year 
 in addition to traveling expenses, the regular salary being $1,500. A superintendent 
 is appointed by him, to hold oflSce until removed. The warden and all officers and 
 employees are appointed by the superintendent and removed at his pleasure. 
 
 The superintendent has general superintendence, makes all purchases, and may 
 employ the prisoners in accordance with rules prescribed by the governor. The 
 governor may lease 'the labor of a part or all of the convicts to any person, firm, or 
 corporation, same to be performed on the premises. 
 
 Reform school is "for the confinement, discipline, education, employment, and 
 reformation of juvenile offenders." The governor, secretary of state, and superin- 
 tendent of public instruction constitute a board of trustees, with full authority and 
 
172 MODERK PRISON SYSTEMS. 
 
 exclusive government. The superintendent and all other officers and assistants are 
 appointed annually by the board, and may be removed whenever it is deemed expe- 
 dient. The trustees make a biennial report to the legislature. The trustees visit the 
 school monthly "when practicable" and make a thorough semiannual inspection "if 
 practicable." They receive $250 a year and expenses. 
 
 County jails shall be inspected at least once each term by the county court, ' ' exam- 
 ining fully into the condition of such prison, as to health, cleanliness, and discipline." 
 Any violations are reported to the district attorney. 
 
 IDAHO. 
 
 [See Ch. XI, sec. 363, Political Code, 1901, and Ch. CCXL, Penal Code.] 
 
 The governor, secretary of state, and attorney-general are constituted a State 
 board of prison commissioners to have control, direction, and management of the 
 penitentiary. 
 
 The prison commissioners shall hold quarterly meetings; make rules for the 
 penitentiary in connection with the warden; appoint warden and physician as well 
 as subordinate officers in conjunction with warden, and fix salaries. 
 
 The board requires report from warden every month; makes annual report to the 
 governor on conditions and needs of the -penitentiary. The warden reports also 
 annually to the governor. All business transactions of the prison are in the name 
 of the warden. 
 
 Jails (Penal Code, Chap. CCXLI, 1901) are kept by the sheriff; must contain 
 room so as to allow the separation of the following classes of prisoners: (1) Persons 
 committed on criminal process and detained for trial; (2) persons already convicted 
 of crime and held under sentence; (3) persons detained as witnesses or held under 
 civil process or under an order imposing punishment for contempt; (4) males sepa- 
 rately from females. County commissioners must inspect jails once in three months. 
 They shall also make rules for the management of the jail. 
 
 OKXAHOMA. 
 
 The "governor of the Territory of Oklahoma is authorized and empowered to con- 
 tract, in the name of this Territory, with the proper authorities of some other State 
 or Territory for care and custody of such persons as may be convicted of crimes pun- 
 ishable in the penitentiary by the courts of this Territory, and to bind this Territory 
 to the faithful performance of such contract or contracts." 
 
 Jails. — At each term of the district court the grand jury makes personal inspection 
 of the condition of the county prison. The sheriff of county keeps the jail and is 
 responsible for the manner in which it is kept. "Juvenile prisoners shall be treated 
 with humanity and in a manner calculated to promote their reformation. They 
 shall be kept, if the jail will admit it, in apartments separate from those containing 
 more experienced and hardened criminals." Judges of district courts prescribe rules 
 and regulations. Sheriff makes out several reports annually, which are transmitted 
 to the county clerk, commissioners, secretary of Territory, and legislative assembly. 
 
 County board of commissioners provide for jails all necessary things and appoint 
 a physician, who makes a report to the board, or district judge, or grand jury, when- 
 ever required. The jailer is usually a deputy sheriff. 
 
 Aiiizo:srA. 
 
 [Revised Statutes, 1901.] 
 
 Board of control. — The governor, auditor, and one citizen appointed by the gover- 
 nor, with consent of the legislative council, and who shall hold office two years and 
 be ex officio secretary, shall constitute a board of control, who shall have full charge 
 of all charitable, penal, and reformatory institutions. The board makes biennial 
 report concerning each institution to the governor, who lays it before the board. 
 
 Territorial prison. — The governor, with consent of the legislative council, appoints 
 the superintendent of prison for two years. The board of control appoints an assist- 
 ant superintendent and also a secretary of the prison. The superintendent and sec- 
 
MODERN PRISON SYSTEMS. 173 
 
 retary are subject to removal for cause by the board of control, and all other officera 
 and employees may be removed by the superintendent. 
 
 Reform school. — This is for offenders of both sexes, between 8 and 16, commitment 
 being for not less than one nor more than five years. The general supervision and 
 government is vested in a board of trustees of three citizens, appointed by the gov- 
 ernor, with consent of council or senate, for four years. 
 
 The trustees make a biennial report to the governor, and he lays it before the leg- 
 islature. 
 
 County jails. — Are under the care of the sheriff. If for any reason the jail becomes 
 unfit for habitation the district judge designates some other county jail as temporary 
 place of confinement. 
 
 :N^EW MEXICO. 
 
 [Compiled Laws, 1897.] 
 
 Penitentiary. — The general government and management is vested in a board of 
 penitentiary commissioners of 7 members appointed by the governor, with consent 
 of legislative council, for two years. The superintendent of penitentiary is appointed 
 by the board for two years, and may be discharged by them for cause. The super- 
 intendent appoints his assistant, with approval of board, and he may be likewise 
 discharged. 
 
 The board makes biennial reports to the governor and special reports on demand. 
 The superintendent makes annual report to the board. The board makes annual 
 report to auditor of all finances. 
 
 Reformatory. — There is no such institution. Persons under 16 convicted of crimes 
 punishable by confinement in penitentiary may be sent to county jail, at the discretion 
 of the court. 
 
 County jails are under control of sheriff. County commissioners shall inspect the 
 jail at least twice a year and report to the district court any dereliction of sheriff, 
 in which case the judge orders the district attorney to enter suit against him. 
 
 MONTADS^A. 
 
 Board. — The governor, secretary of state, and attorney-general constitute a board 
 of state prison commissioners. The secretary of state, attorney-general, and state 
 auditor constitute the board of pardons. The board has entire control of state 
 prison grounds, buildings, prison labor, and prison property, and makes all necessary 
 rules and regulations in regard to management of prisons. The governor is president 
 of the board and the secretary of state is secretary of the board. The warden is 
 appointed by the board, and he in turn has power to appoint all subordinates, 
 subject to approval of board. The warden carries out all instructions of board and 
 submits regular monthly reports to the secretary of the board. All books and papers 
 kept by or under direction of the secretary of board and warden of State prison 
 must at all times be open to inspection of members of board. State officers, members 
 of legislative assemblies, and sheriffs. Upon entering upon the discharge of his duties, 
 the warden gives bond in sum of $25,000. By an act, approved on March 3, 1893, the 
 penitentiary is designated as the Western Prison, and there is also an eastern one. 
 
 County jails. — In each county there must be one jail, maintained at the expense 
 of the county. The county commissioners have the care of building, inspecting, and 
 repairing the jail, and must once every three months inquire into its state. The 
 sheriff submits to them a quarterly report. 
 
 State reform school. — Control and supervision is vested in a board of State prison 
 commissioners, who establish rules and regulations for it. The governor appoints 
 three persons, who constitute a board of trustees, each one of whom has to enter into 
 a bond of $10,000 for faithful discharge of duties. Each member receives for hia 
 services as trustee $5 per day while attending to his duties and 10 cents per mile nee 
 essary in traveling. The board appoints a director of school, who has charge of al» 
 males, and he employs a matron, who has immediate control of the female depart- 
 ment. The director appoints all other subordinates. His salary is $1,500 per year. 
 Salaries of others are fixed by the board. The director gives a bond of $5,000. Both 
 departments in the school — male and female — are kept entirely separate and distinct 
 The board makes biennial report to the governor. The board of trustees may, when- 
 ever it deems it necessary, erect any additional buildings and make any improve- 
 ments, provided their action is approved by the State board of prison commissioners, 
 
174 MODERN PEISOK SYSTEMS. 
 
 Slate reform school. — It is intended for the reformatory training of all youths be- 
 tween the ages of 8 and 18 who are residents of the State. The school is under the 
 charge of a director and a matron, who is employed by the former for the purpose of 
 caring for the female department. The director's salary is $1,500 a year, and he 
 appoints all subordinate officers and teachers. He has entire supervision of the 
 school, subject, however, to the control of the board. The reform school consists of 
 two departments, male and female, which are entirely separated. The board has the 
 right to make all rules and regulations for the institution, and at the end of each 
 year a report is submitted to the board by the director, supplying all necessary 
 information. 
 
 Board of directors. — The board reports biennially to the governor setting forth the 
 number admitted and the number dismissed each year; the needs of the school, etc. 
 In 1897 the board of trustees of western Washington hospital for insane, the east- 
 ern hospital for insane, Washington State reform school, Washington soldiers' home, 
 and board of directors of State penitentiaries have been abolished and instead there 
 has been created a State board of audit and control which has charge of all the above 
 institutions. The governor, with consent of senate, appoints five citizens of the State 
 as members of the above board, four of whom shall serve without compensation, and 
 the fifth is known as commissioner of public institutions, upon whom additional 
 duties devolve. The governor is ex officio chairman of board. The commissioner 
 of public institutions makes quarterly visits to the above institutions, audits the 
 accounts, examines the books, and scrutinizes the management. He acts as secre- 
 tary of board and gets ?1,500 per annum and all traveling expenses. At a meeting 
 of the board he lays before them the result of his investigation. The board likewise 
 exacts from the manager or superintendent of each of the above institutions an 
 itemized statement of the receipts and disbursements for each month. 
 
 The State penitentiary is situated near the city of Walla Walla. It is the duty of 
 the State board of audit and control to determine necessary employees and officers 
 of the penitentiary, specifying their duties and fixing their salaries, prescribing rules 
 and regulations, etc. At least two of the board visit the penitentiary every month, 
 and oftener if necessary. 
 
 The warden of the penitentiary is appointed by the above-named board. He 
 supervises government and discipline of the penitentiary and enforces all orders and 
 regulations of the board. He receives a salary of $1,400 per annum. 
 
 County jails. — Judges of superior courts of the several counties of the State may, 
 from time to time, prescribe rules for regulation and government of the jails in the 
 several counties. Grand jury of each county, before whom the superior court lays all 
 rules and regulations every session, may visit the county jail and examine its state 
 and condition, and inquire into the discipline and treatment of prisoners, etc. The 
 jailer shall be the deputy appointed by sheriff unless the latter chooses to act in 
 person. 
 
 Nearly allied to the "undifferentiated type" are the following States of the South: 
 
 MABYLAND. 
 
 House of Correction. — The Maryland house of correction is under the control of the 
 following board of managers: The governor, comptroller, attorney-general, and treas- 
 urer, who are ex offia,o members, and three other persons, appointed by the gov- 
 ernor, who serve without compensation for a term of six years, and three persons 
 who serve without compensation for a term of four years. These have power to 
 make such by-laws, rules, and regulations as they may deem necessary and proper, 
 and shall also have power to appoint the necessary officers and agents and fix their 
 compensation, which officers shall be removable at their pleasure. 
 
 House of Good Shepherd. — The House of Good Shepherd of the city of Baltimore, a 
 body corporate, is authorized to receive all such white females under the age of 18 
 years as may be committed to the corporation by their parents or guardians, and the 
 same to retain within refuge conducted by said corporation until they reach the age 
 of 18 years. 
 
 The directors of the House of the Good Shepherd make all such rules and regula- 
 tions as they deem necessary and fit. They make an annual report to the governor, 
 giving a full account of the operation of the institution. The institution may from 
 time to time be inspected by the judge of the criminal court of Baltimore, president 
 of board of police commissioners, and the marshal of police of the city of Baltimore. 
 
MODERN PRISON SYSTEMS. 175 
 
 House of Reformation. — The concerns of the House of Eeformation are conducted 
 by 16 managers, 12 of whom are elected by members of the association, 2 appointed 
 by mayor and city council of Baltimore, and 2 by the governor. The board makes 
 such by-laws, rules, and regulations as it deems flt for the government of the insti- 
 tution, and makes a report to the general assembly at each regular session of the 
 condition of the house. The treasurer has to give bond in sum of $5,000. The 
 board appoints all officers. 
 
 House of Refuge. — The membership of the house is on the same lines as in the 
 House of Beformation. Number of managers is 15, 5 of whom are appointed by the 
 governor, 5 by the members, and 5 by mayor and citv council of Baltimore. The 
 House of Refuge is for white children and conducted like the House of Correction, 
 which is exclusively for colored children. 
 
 Female House of Refuge. — Is managed by 30 directors, 15 of whom are chosen annu- 
 ally by members, 5 by mayor of city of Baltimore, 10 biennially by the governor oJ 
 the Sfeite. "Directors of said institution shall have, as to female juvenile delin- 
 quents, all the powers and fulfil all the duties had and fulfilled by the directors of 
 the House of Refuge." 
 
 Industrial Home for Colored Oirls. — This- is also managed by a board of managers, 
 consisting of 11 persons, 2 of whom are appointed by the governor for two years, 2 
 by mayor of Baltimore for one year, 7 by members of the corporation for one year 
 Board of managers makes a report to the general assembly at each regular session 
 The mayor and city council are empowered to appropriate annually toward the 
 current expenses any sum they may deem requisite. 
 
 State penitentiary. — Directors: It is managed by a board of six directors. The gov- 
 ernor biennially appoints two directors who hold office for six years, and until theii 
 successors are appointed and qualify. Directors annually appoint a warden who 
 serves for one year or until the stated meeting of the board. They likewise appoint 
 annually an assistant warden, a bookkeeper, physician, and matron and other subor- 
 dinate officers. The warden enters into bond in sum of $10, 000. His duties and salary 
 aa well as duties of other officers are prescribed by the board. The warden usually 
 receives $2,000 a year and is allowed a dwelling, fuel, and subsistence. Directors 
 receive each $2 for every day during the discharge of their duties as directors or ld 
 capacity of a monthly committee. Directors have control and management of finan- 
 cial affairs of the institution, and direct all repairs and improvements on the buildings. 
 They transmit annual reports to the comptroller of the State about the financial 
 affairs of the institution, and they make annual reports to the governor. At each 
 monthly meeting the directors appoint one or more of their number, who constitute a 
 monthly committee to visit the prison at least once a week to examine the management 
 of the institution. 
 
 Duties of warden: He sees that all rules and regulations be carried out and reports 
 to the monthly committee or convenes the board of directors. The assistant aids the 
 warden in carrying out the laws of the State. 
 
 ARKANSAS. 
 
 Management. — ^The governor, secretary of state, and attorney-general are constitutec< 
 a board of commissioners for the management of State penitentiary. The governor in 
 president of the board, and the secretary of state is secretary of the board. The board 
 has general control and management "of State penitentiary. The board makes 
 biennially a full and complete inventory of valuation of all lands, buildings, and 
 machinery, etc. The board may prescribe such rules and regulations as it may 
 deem proper. 
 
 SuperirUendent. — The board, with advice of senate, appoints a superintendent, who 
 holds office for a term of two years, and who gives a bond in the sum of $15,000. The 
 superintendent has control over discipline, management, treatment, and control of 
 convicts. Subject to approval by the board, he appoints all subordinates. He makes 
 a monthly report to the board, showing its status and condition. He makes annual 
 report to the board. As far as possible he keeps record of each convict's behavior, 
 The- board likewise appoints a financial agent, whose term of office is for two years 
 and whose bond is for $45,000. He is purchasing, selling, and disbursing agent of the 
 penitentiary Every month he makes an itemized statement of expenses and receipts, 
 which is submitted to the auditor after being examined by the superintendent and 
 board. He makes out biennial reports to the governor. 
 
 Duties of commissioners. — They visit the penitentiary at least once a month and are 
 kept informed by superintendent of affairs of the penitentiary. The board makes 
 biennial reports to the general assembly. 
 
176 MOBEEN PRISON SYSTEMS. 
 
 Salaries: Of superintendent, $2,100 and expenses incident to his duties; financial 
 agent, $1,800 and expenses; physician, $1,800; clerk, $1,200; chaplain, $900. 
 
 Jails. — Each county has its jail and court-house. The sheriff has charge of the 
 jail and may appoint a jailer. At each term of the circuit court the grand jury visits 
 the jail of their county and examines its condition and makes a report to the court. 
 
 House of correction (§ 865). — "County courts of several counties shall purchase a 
 farm or tract of land within the boundaries of the county and provide for the erec- 
 tion on such farm or tract of land of a house of correction." County court appoints 
 some jjerson to act as superintendent of house of correction, and court fixes his com- 
 pensation. Superintendent has charge of farm and lands attached to it, and directs 
 labor of all persons sentenced to confinement in them. County court may remove 
 superintendent for neglect of duty. County court prescribes rules and regulations 
 for the management of the institution. 
 
 YTRGIKIA. 
 
 The superintendent of the penitentiary is elected every two years by a joint vote 
 of the two houses of the general assembly. The governor annually appoints three 
 persons as directors of penitentiary, also a surgeon. Directors receive $3 for every 
 day's attendance on board. 
 
 Jails. — County and corporation courts of every county and city annually appoint 
 three persons, one of whom is a physician, to inspect the jails within such county or 
 city. These inspectors make quarterly inspections and report to the court the con- 
 dition of the jails, number of apartments, the sizes of them, etc. The sheriH of 
 each county and the sergeant of each city are keepers of jails. 
 
 There is in the State of Virginia a negro reformatory association, which has power 
 to establish and conduct, anywhere within the limits of the Commonwealth, houses of 
 correction, reformatories, industrial schools, workhouses, or other such institutions, 
 in which it may receive negro children and youth as may be committed to its charge 
 by parents, guardians, or courts and magistrates of the Commonwealth. This asso- 
 ciation has power to make and enforce such constitutions, by-laws, and regulations 
 as it may deem fit, and apjjoint oflScers, agents, and servants to perform any func- 
 tions they may assign. This association makes report of its work to the general 
 assembly of Virginia at its regular sessions. No person is received in custody of the 
 Negro Reformatory Association of Virginia after he has reached the age of 17 years 
 and is never detained after he is 21. 
 
 The board, at the time the above law was instituted, consisted of 17 persons. 
 
 WEST VrRGi:NIA. 
 
 state %ienilentiary. — In West Virginia there is only one State penitentiary. It is 
 under the control of a board of five directors who are nominated by the governor 
 and elected by and with the consent of the senate for a term of four years. They 
 receive $4 a day for each day that they are actually employed and other reasonable 
 expenses incurred during the discharge of their duties. 
 
 They have general control of the institution, direct all methods of improvement 
 and reform, make rules and regulations for treatment of convicts. ' They likewise fix 
 the compensation of clerk, physician, engineer, and guards, and may remove them 
 at discretion. The majority of board constitutes a quorum. 
 
 They must annually make report to governor of their proceedings, showing condi- 
 tion of finances, and of all moneys received and disbursed by the board. A biennial 
 report goes to the legislature. 
 
 Warden: The warden is appointed by the governor and elected for four years by 
 and with consent of senate. He is chief executive officer of the penitentiary and has 
 charge of internal management, and superintends the erection of buildings, subject 
 to the control of the board of directors. His salary is not to exceed $1,500 and his 
 bond is to be $10,000. He makes monthly and semiannual reports. 
 
 The West Virginia reform school is under the control of a board of six directors, 
 not more than four of whom belong to the same political party. They are nominated 
 by the governor and appointed by and with the consent of the senate. The directors 
 are divided into three classes, not more than one of whom is appointed from more 
 than one county. The board biennially chooses one of their body to be president of 
 the board, and a majority constitutes a quorum. They have general supervision of 
 
MODERN PRISON SYSTEMS. 177 
 
 the school, government, instruction, discipline, training; the selection of such officers, 
 agents, and servants as they deem proper and designation of their duties. They 
 make annual report to the governor of all the transactions in the institution. 
 
 Industrial homes for girls. — The board of directors consists of three men and three 
 women, who are nominated by the governor and appointed by and with consent of 
 senate. The powers vested in them are the same as those vested in board of directors 
 of the reform school. All the officers, agents, and servants for the industrial school 
 are women. White and colored are held separate as far as it is practicable. The 
 directors of said home are allowed the same compensation as is allowed to those of 
 the reform school. 
 
 Houses of correction. — Every city and town possessing a population of not less than 
 5,000 may establish within its limits a house of correction and place it under the 
 management and control of such officers and directors as may be provided by an 
 ordinance of the council. 
 
 Jails. — The county jail is under the superintendence of the county sheriff. Annu- 
 ally, however, the circuit court of every county appoints three persons, one of whom 
 is a physician, for the purpose of inspecting the jail. 
 
 DELAWARE. 
 
 Jails. — ^The sheriff of each county has charge of jail in his county. The jail may 
 be used as a workhouse and the keeper of the jail shall be overseer of the workhouse, 
 " unless the levy court shall appoint another person overseer." The levy court of 
 each county shall annually appoint an overseer of the workhouse, and may fix the 
 amount of his compensation. 
 
 Jail commissioners. — The levy court annually appoints three judicious persons of 
 their county as commissioners of the jail and workhouse. These commissioners are 
 empowered to make rules for the government of the jail and workhouse and provide 
 for the cleanliness and health of prisoners, employment of convicts, provision of 
 proper fuel and bedding, etc. Their compensation shall be $2 each for each day's 
 attendance, to be allowed by the levy court, and not to exceed five days in each 
 year. 
 
 Reform school. — There is the Ferris Reform School in the State of Delaware, which 
 is managed by a board of 21 managers, of whom 5 confititute a quorum for the trans- 
 action of business. The mayor of the city of Wilmington, the judge of the superior 
 court resident in Newcastle County, and president of levy court of said county, shall 
 be ex officio members of said board. The other 18 managers shall be elected annually 
 by the members of the corporation. The board of managers provides for the religious 
 and moral education, training, employment, discipline, government, instruction, etc. ; 
 appoint such officers, agents, and servants as they deem fit. The board may receive 
 in this reform school incorrigible minors, residents of Newcastle County, in their 
 custody. No males over 16 and under 9 years of age can be accepted. The board 
 of managers presents to the members of the corporation at every annual meeting a 
 report of last year's work in the reformatory. 
 
 Industrial school for girls. — The Delaware Industrial School for Girls acts as guar- 
 dian to the person of any girl who, between the ages of 12 and 21, proves vicious or 
 incorrigible. It is controlled by a board of corporators. Sum of $1,000 is annually 
 appropriated to this school by the State. 
 
 KENTUCKY. 
 
 [Kentucky Statutes, ch. 16.] 
 
 The penal and reformatory institutions in the State of Kentucky are managed by 
 local boards, called in most instances "boards of commissioners," and by superin- 
 tendents. 
 
 Pemiexiiiaries. — (Statutes, ch. 97, Art. I.) The penitentiaries of Kentucky are 
 governed by a board of three commissioners elected by the general assembly for a 
 term of six years, one being elected each two years. They must give a bond of 
 $25,000 each and receive each a salary of $2,000 per annum. This board shall have 
 full management and control of the prisons. They shall appoint wardens, deputy 
 wardens, clerks, physicians, and chaplains for the prisons, and guards are appointed 
 by the warden, on the approval of the commissioners. The warden shall, with the 
 
 H. Doc. 462 12 
 
178 MODERN PRISON SYSTEMS. 
 
 advice and consent of the commissioners, contract for and purchase all necessary 
 supplies. He reports monthly to the commissioners and also annually. The com- 
 missioners make annual reports to the governor, which are submitted to the legislature. 
 
 The power of removal as well as election is in the hands of the legislature. 
 
 Jails. — The jails in Kentucky are under the management of the local authorities. 
 
 MISSISSIPPI. 
 
 [Annotated Code, chapter 101, pub. 1892.] 
 
 Management: "The management of the penitentiary is vested in the board of 
 control, consisting of the governor, attorney-general, and the three members of the 
 railroad commission. * * * The clerk of the penitentiary shall be the secretary 
 of the board." * * * 
 
 They have complete control of the penitentiary as regards management, appoint- 
 ments of all officers and employees, fixing salaries, conduct and care of prisoners, 
 rules for discipline, etc. 
 
 Jails. — Jails in Mississippi are under the general supervision of the board of 
 county supervisors. (Statutes, sec. 310.) The grand jury has the power of inspec- 
 tion, which they shall exercise at each term of the circuit court. They are required 
 to report to the court. The sheriff, who has the immediate control of the jail, may, 
 at the instigation of the court, be punished for violation of duty. (Sec. 2378.) 
 
 LOUISIAI^A. 
 
 [Revised Laws of Louisiana, compiled 1897, sec. 28B0ff.] 
 
 A board of control is appointed for the penitentiary at Baton Rouge, of five mem- 
 bers, for a term of two years, by the governor, confirmed by the senate. They shall 
 reside in the vicinity of the penitentiary. They "shall have the direction and con- 
 trol in the management of the same." They shall meet at least twice in each month 
 at the office of the penitentiary. Each member receives annually $250 for his services. 
 
 They have a secretary. He is to keep the board informed on the needs and 
 condition of the prisoners and to furnish an annual report to the governor ten days 
 before the meeting of the general assembly. 
 
 Salaries of secretary, warden, physician, the officers over the guard, and the police 
 necessary to keep the prisoners, are fixed by the board and submitted to the gov- 
 ernor for approval. 
 
 Jails. — (Bevised Laws of Louisiana, sec. 2883 ff). The sheriff is keeper of jails. 
 Police jury shall pass such regulations and by-laws as they deem necessary for the 
 regulation of jails. The grand jury shall inspect prisons and make reports to the 
 judge, who imposes a fine of not exceeding $200 on sheriff for neglect of duty. 
 
 SOUTH CAKOLI^A. 
 
 [R. S., S. C, 1893, Ch. LIV, (vol. 1).] 
 
 Penitentiary (R. S., S. C, 1893, Ch. XXXIV, vol. 2) shall be governed by a 
 board of directors of five persons, elected by the general assembly for two years, of 
 which the governor of the State shall be an ex officio member. Members receive com- 
 pensation fixed by law for attending meetings of board. They are to meet at least 
 once each month. The penitentiary shall be under the direction and government of 
 a superintendent elected by the general assembly for two years. The superintendent 
 makes rules and regulations for the government of the prison, subject to revision or 
 amendment by the directors; he appoints inferior officers; purchases provisions and 
 materials, under the supervision of the board of directors. 
 
 The superintendent is the real manager of the institution, but the board of direct- 
 ors exercise supervisory powers, with the right of interference in the management of 
 the institution. They prescribe the kind and quantity of food to be purchased and 
 have general power over the prisoners. 
 
 They can, with the consent of the governor, remove the superintendent. 
 
 Jails are under the direction of the sheriff, who reports the conditions of the same 
 to the county commissioners. They have the power to make changes or alterations 
 in the same. 
 
MODEEN PRISON SYSTEMS. 179 
 
 ALABAMA. 
 
 [Code, 1876, supplemented by examination of all reports of National Conference of Charities and 
 
 Correction, 1877-1901.] 
 
 Penitentiary. — The code contains regulations concerning the leasing of the State 
 penitentiary for six-year terms to the highest bidder, the lessee to "provide all 
 guards, chaplain, and physician and to supply good food and clothing to the prison- 
 ers, who must be treated humanely." He must also keep the property in repair. 
 He also pays the State inspectors. There are three inspectors appointed, two by 
 speaker of house and one by president of senate, biennially, who visit convicts as 
 often as necessary to ascertain condition and treatment; make biennial report to the 
 governor, and oftener if necessary. 
 
 If the penitentiary is not leased, the governor appoints, with consent of senate, a 
 warden tor four years, who is under the supervision of the inspectors. There is a 
 state convict farm, which is self-supporting. 
 
 From the reports to the National Conference of Charities and Correction it appears 
 that most of the convicts are leased to the Tennessee Coal and Iron Company for 
 mine work, the company providing teachers for night schools and also conducting 
 Sunday school. 
 
 Eighty-nine per cent of all state convicts are negroes. 
 
 The counties also lease their prisoners (any person sentenced to less than two years' 
 confinement is a county prisoner) , and have them scattered at will throughout th*. 
 State. Their condition is generally much worse than State prisoners. 
 
 County jails. — The sheriff is jailer. There are no regulations for supervision o) 
 reports, except periodically to county judge, of names and offenses of prisoners. 
 
 Industrial School. — The State report, 1899 (National Conference of Charities and 
 Corrections), says: "The last legislature established a State industrial school for 
 white boys." 
 
 TEXAS. 
 
 [Sayles's Civil Statutes, 1897, with Supplement, 1900.] 
 
 A board of commissioners is appointed by the governor, with consent of senate, 
 for two years. They have general control and jnanagement of the penitentiaries; 
 may provide for the productive labor of convicts, either in or out of the penitentia- 
 ries, either under contract or on State account system, providing farms for those not 
 otherwise industrially capable. The placing-out system is to be done away with as 
 soon as practicable. 
 
 The penitentiaries may not be leased, and convicts hired out are always under 
 control of State. 
 
 The commissioners make biennial report to the governor. 
 
 A superintendent of penitentiaries is appointed by the governor, with consent ol 
 senate, for two years. He has general supervision and control of all the peniten- 
 tiaries, being the principal executive officer of each. He is ex o£ficio president o> 
 the board of commissioners, and as such makes a monthly and a biennial report to 
 the governor. 
 
 An assistant superintendent for each penitentiary is appointed biennially by thp 
 governor and senate, and is practically the warden in each case. 
 
 Two inspectors are biennially appointed by governor and senate to inspect peni. 
 tentiaries and convict camps monthly, making report to the superintendent. A 
 financial agent is appointed biennially by the governor and senate. He is the pur- 
 chasing, selling, and disbursing agent of all the penitentiaries. He makes itemized 
 monthly reports to superintendent and board of commissioners, and also summarized 
 biennial report. 
 
 Jails are built and kept in order by the county commissioners' court, which is com 
 posed of the county commissioners, with the county judge as president. The sherifl 
 is jailer. County convicts may be hired out, either by private contract or public 
 auction, the hirer to give bond for payment to county and humane treatment oi 
 laborer. 
 
 Workhouses may be established and controlled by county commissioners' courts, 
 as also work farms. 
 
 House of correction amd reformatory. — The government is vested in the governor, 
 three trustees, and superintendent. The trustees are appointed biennially by the 
 governor and senate. They take control and supervision, holding quarterly meet- 
 
180 MODERN PRISON SYSTEMS. 
 
 ings, and making quarterly and annual reports to the governor. The superintendent 
 is appointed by the governor, has entire control and management, and makes quar- 
 terly and annual reports to the governor. 
 
 rLORIDA. 
 
 [See Revised Statutes, 1892, Title IV, oh. 3, arts. 2 and 3.] 
 
 The board of commissioners of State institutions is provided for in the constitution, 
 Article IV, section 17, which reads as follows: "The governor and the administrative 
 officers of the executive department shall constitute a board of commissioners of State 
 institutions, which board shall have supervision of all matters connected with such 
 institutions in such manner as shall be prescribed by law." It is the duty of this 
 board to establish a State prison, to provide rules and regulations for its government, 
 and have general supervisory and protectory control of property, business, and gov- 
 ernment of the prison, and for this purpose they shall visit the prison at least twice a 
 year. The prison shall be under the immediate supervision of the commissioner of 
 agriculture, who shall, subject to the approval of the board of commissioners, appoint 
 a superintendent and physician, and such number of guards, nurses, and watchmen 
 as may be necessary for the proper management of the prison. 
 
 The commissioner of agriculture is also provided for in the constitution, Article IV, 
 section 26. In addition to being at the head of the department of agriculture and 
 immigration, he has other duties, among which is the supervision of the State prison. 
 
 In this supervisory management he is responsible to the board, to whom he makes 
 monthly reports and submits all important matters. 
 
 JaUs. — Jails are under the general management of the county commissioners, sub- 
 ject to the immediate control of the jailers. 
 
 uttebnal i^ife of prisons. « 
 
 This compilation from the numerous reports and statements kindly furnished by 
 wardens and superintendents is by no means as full and complete as we might desire. 
 To print all would fill a larger volume than the entire proceedings of the National 
 Prison Association for a year. Many officials failed to send the documents requested, 
 and printed documents do not always supply the information w hich we wish to have. 
 
 In order to save space and offer the most suggestive and instructive material the 
 following scheme has been adopted. Four "types" of establishments have been 
 selected for illustration: I, the penitentiary or State prison; II, the reformatories or 
 intermediate prisons, including institutions for women; III, local prisons, jails, county 
 workhouses, city bridewells, etc. ; IV, reform schools. 
 
 Under each "type" we have given illustrations of the methods of " prison disci- 
 pline" under eight topics: (1) Methods of studying the nature and disposition of the 
 prisoner, which is the condition of all intelligent and discriminating dealing with 
 him; (2) grading and marking; (3) instruction, literary and technical; (4) moral and 
 religious influences; (5) rules of conduct relating to duties of person, property, and 
 social order; (6) rewards, or appeals to hope; (7 ) disciplinary punishments, or appeals 
 to fear; (8) care for persons discharged, conditionally, on parole, or finally. It will 
 be noticed that we arrange these measures in a descending scale, the higher appeals 
 being placed first and the appeals to fear coming in as a last resort. This is the order 
 in which our best wardens seek to apply discipline. 
 
 By "prison discipline" we mean to include in this discussion all the direct means 
 used by prison authorities for training the prisoner, for reforming him, and for fitting 
 him for his normal place in society as a man and a citizen. In this larger idea of the 
 purpose of discipline the "disciplinary punishments" form only one class, and these 
 are used only as a last resort and with comparatively few prisoners. 
 
 The documents of the Federal prison at Fort Leavenworth, Xans., are printed 
 with much fullness because they may be taken to represent the best tendencies in 
 the United States. 
 
 Documents mentioned in this Digest have been received from the following institu- 
 tions and used in making this report: 
 
 State prisons or penitentiaries. — ^The State Penitentiary for the Eastern District 
 of Pennsylvania, Indiana State Prison, Minnesota State Prison, Ohio Penitentiary, 
 
 a A large part of this material for the United States has been printed in the Pro- 
 ceedings of the National Prison Association for 1902. In collecting the documents 
 generous assistance was given by Mr. A. Garvin and by many wardens and superin- 
 tendents, to whom grateful acknowledgments are here made. The form and lan- 
 guage of a "report" are retained. — C. R. H. 
 
MODERN PRISON SYSTEMS. 181 
 
 Massachusetts State Prison, Connecticut State Prison, Iowa State Penitentiary, Maine 
 State Prison, Wisconsin State Prison, California (Folsoin) State Prison, Pennsylva- 
 nia Western Penitentiary, Illinois State Penitentiary, Colorado State Penitentiary, 
 Federal Prison (Fort Leavenworth, Kans. ). South: Virginia State Penitentiary, 
 Louisiana State Penitentiary and farms. West Virginia Penitentiary, Texas State 
 penitentiaries, Arkansas State Prison, Arizona Territorial Prison. 
 
 Breformatories or intermediate prisons. — ^Pennsylvania, Illinois, Indiana, New 
 York (Elmira), Colorado, Kansas, Massachusetts. 
 
 Women' s reformatories. — Massachusetts (Sherborn), New York (Hudson). 
 
 Jails and workhouses. — Jails. — United States Jail, Washington, D. C; Cook 
 County, 111. (Chicago). 
 
 Workhoiises. — Allegheny County (Pa.), Newcastle County (Del.), Essex County 
 (N. J.), Deer Island and Sovith Boston (Mass.), Blackwells Island (N. Y.). 
 
 Keform schools. — Indiana Reform School for Boys, Illinois Reformatory, South 
 Dakota Reform School. 
 
 FENITENTIAKXES OS STATE PRISONS. 
 
 (a) Cellulah. — The State Penitentiary for the Eastern District of Pennsylvania 
 enioys the distinction of being the only example of its class in the United States. 
 
 (1.) Examination. — Oij the arrival of a convict, the physician examines the state 
 of his or her health. He or she shall then be examined by the clerk or tbe warden 
 in the presence of as many of the overseers as can conveniently attend, in order to 
 their becoming acquainted with his or her person and countenance; and his or her 
 name, height, apparent and alleged age, place of nativity, trade, complexion, color 
 of hair and eyes, and length of his or her feet, to be accurately measured, shall be 
 entered in a book provided for that purpose; other marks shall be noted. The moral 
 inspector is required to inquire into the mental condirion of prisoners; and to obtain, 
 as far as he can, a knowledge of their general character. The overseers learn the 
 industrial capacity of the convicts, and observe their daily conduct, and inform the 
 warden. 
 
 (2). IVEarking' and g^rading. — This prison, being a cellular establishment, and 
 aiming to treat each prisoner as an individual, has no use for grades or classes. The 
 convicts do not work in gangs, and are separated from each other as far as possible. 
 When they take exercise in companies they wear face masks. The distinctions of 
 rank by dress would have little meaning. 
 
 (3 and 4.) Instruction. — The moral instructor shall devote his time to the reli- 
 gious, moral, and intellectual instruction of the prisoners, visit each in his cell at least 
 once in thirty days, and call in an outside clergyman or other religious person if 
 requested by the convict. Illiterates are instructed by one of the overseers. 
 
 (5.) Rules of conduct relating to person, property, and order. — Few rules 
 are made. 
 
 (6.) Rewards and privileg'es. — Under the commutation law of 1901, a convict 
 can earn, by good conduct, five days on each month during the first year of sentence; 
 seven and one-half days on each month during the second year; ten days on each 
 month during the third and fourth years, and twelve and one-half days on each 
 month for the fifth and each subsequent year of the term of his sentence. This 
 applies only to sentences of one year or more. Convicts receive credit for work 
 beyond the required task. Tobacco is given in some cases for extra work. 
 
 (7) Disciplinary punishments. — Overseers shall refuse breakfast to any convict 
 who may not have arisen and washed when breakfast is served, and shall refuse food 
 whenever unclean utensils are presented for its reception. 
 
 Corporal punishment will not be permitted except when absolutely necessary to 
 the subjugation of a refractory convict. If a convict disobeys orders or rules he must 
 first be admonished. If he continues to disobey he must be removed to a cell by 
 himself — without force, if possible. If force is necessary for his removal such force 
 may be employed only in the presence of the warden or principal overseer. 
 
 Others. — Deprivation of light during the evening, the use of the library, and in 
 more serious cases, or when these fail in effect, a reduction in the diet; and as an ulti- 
 mate coercive force the offender is placed in an empty cell with no other food than 
 bread and water until he submits to authority. 
 
 (8) Care of discharg^ed prisoners. — A certificate of good conduct may be given 
 by the warden. Four dollars are paid by the State at discharge. Voluntary associ- 
 ations ^ve aid. There is no conditional release or parole. 
 
 [Eastern State Penitentiary, Pennsylvania. Sources: Eulea governing overseers and watchmen, 1902. 
 Pennsylvania Commutation Law, 1901. Two of the laws relating to the management of the Eastern 
 State Penitentiary, 1898. The Pennsylvania Prison System, by Richard Vaux, 1884. Seventy-second 
 report, Warden Cassidy on Pri.sons and Convicts. Richard Vaux, brief sketch, 1872.] 
 
182 MOBBEN PRISON SYSTEMS. 
 
 (6) CONGEEGATE PENITENTIARIES NORTH. 
 
 (1) Examination.— The Bertillon system of measurements and records has been 
 introduced into some of the institutions and grows in favor. It forms the basis of 
 further individual studies of convicts. The warden, the deputy warden, and the 
 chaplain seek to know all that is possible of the physical, intellectual, and moral 
 nature of each prisoner. The court record sent with the convict usually contains 
 very little information of value, but might be made very helpful with some care on 
 the part of the trial judge and his assistants. 
 
 Indiana State Prison [Michigan City). — The methods adopted by the warden in 
 securing a full and complete history of each prisoner enables the board of parole 
 to intelligently pass upon all cases seeking parole, and from the records we find that 
 few mistakes have been made. While the records we have at command enable us 
 to help those that are worthy, they also aid us, with the provisions of the indeter- 
 minate sentence law, to keep within this institution the professional and confirmed 
 criminal. No department aids more in this work than that of the Bertillon system 
 of measurements. (Report 1900, pp. 8, 9.) 
 
 Minnesota State Prison (Stillwater). — When prisoners are delivered at the prison, 
 after the examination of commitment papers by the clerk, the prisoner is turned over 
 to the deputy warden. He is thoroughly bathed and exchanges his citizen clothing 
 for that of a second-grade suit at once, after which he is taken to the deputy warden's 
 office and carefully informed and instructed as to the rules and regulations of the 
 institution. He is photographed and the Bertillon measurement is taken, after 
 which he is turned over to the prison physician for a careful examination as to his 
 physical and mental condition, etc. After a new prisoner is bathed, shaved, and 
 placed in a second-grade suit, and has been thoroughly informed and instructed in 
 all the rules and regulations of the institution, the deputy warden turns him over to 
 tlie prison physician, who carefully examines him. The prisoner is then assigned to 
 such work as he is best adapted to, under the advice and instruction of the physician, 
 shortly after which the warden interviews him and he is followed by the chaplain. 
 
 (2) Grading: and marking. — It is becoming more customary to divide prisoners 
 into two or three grades and to promote or degrade according to conduct. 
 
 Ohio Penitentiary ( Columbus). — There are three grades — first, second, and third, the 
 first being the highest, the second the intermediate, and the third the lowest. 
 
 First-grade men are dressed in suits with perpendicular black stripes down the 
 outside of the pantaloons. Third-grade suits shall consist of horizontal black and 
 white strijges. 
 
 Each prisoner committed to the penitentiary for the first time will enter the sec- 
 ond grade. He is promoted or degraded in rank according to his marks. 
 [Sources: Manual for the use of prisoners, 1902. Laws (from Bates's Annotated Ohio Statute?). Rules 
 and regulations governing the officers and guards, 1900. Library catalogues.] 
 
 Massachusetts State Prison. — No mention of grades. 
 
 [Sources: Rules and regulations, 1900.] 
 
 Connecticut State Prison. — Three grades — first, second, and third — the first being 
 highest. Convicts in the first grade will be clothed in a suit of blue, those in the 
 second grade gray, and those reduced to third grade black and white stripes. 
 
 Prisoners may lose their grade (1) by such violation of prison rules as shall 
 necessarily subject them to solitary confinement; (2) for general disorderly conduct; 
 (3) for habitual laziness, untidiness, or negligence. 
 
 [Sources: Library catalogue and rule book, 1902. Rules and regulations, 1902,] 
 
 Iowa State Penitentiary. — Grade system introduced in 1900. 
 
 Minnesota State Prison has three grades. 
 
 Maine State Prison ( Thomaston). — No grades mentioned. 
 
 [Sources: Rules and regulations, 1890. Letter of chaplain. Rev. C. A. Plumer.] 
 
 Wisconsin State Prison (Waupun). — Three grades — first, second, third — the last 
 being lowest. 
 
 [Sources: Rules for the government of prisons, 1901. Rules and orders for the Wisconsin State 
 
 Prison, 1897.] 
 
 State Prison at Folsom, Cal. — No grades. I believe in the graded system, and hope 
 that it may some day become a feature of California penal institutions. (Thomas 
 Wilkinson, warden.) 
 
 Western Penitentiary at Allegheny, Pa. — This prison established 1826 (under law of 
 1 816 ) . Law, amended in 1829 and 1869, defines the duties of oflicers ana inside control. 
 In 1869 the law was passed which granted the inspectors the authority to "assemble 
 the prisoners for labor and worship." This law changed the separate system to the 
 congregate system of control, which continues. 
 
MODERN PRISON SYSTEMS. 183 
 
 Two grades; after six months of exemplary conduct, prisoners can be transferred 
 from grade two to grade one, in which grade the change of clothing is made from the 
 striped miiform to plain dark gray, and the prisoner is entitled to a larger cell. 
 Careful records of conduct are kept. 
 
 [Sources: Commutation law, 1901. Letter of Warden W. MoC. Johnston.] 
 
 Illinois State Penitentiary (Joliet) . — The grade system is used in this establishment. 
 Eecords of conduct are kept as basis of grades, "good time," and parole. 
 [Sources: Export of Commissioners, 1900. Rules and regulations. Letter of Warden E. T. Murphy .J 
 
 (3, 4) Instruction and personal influence, and religion. — Illinois State Peni- 
 tentiary {Joliet). — Chaplain holds public services, visits prisoners, gives counsel, fur- 
 nishes Bibles at the expense of the State, reads the rules to new prisoners and enforces 
 them by advice; has charge of the library. He must avoid sectarian efforts. He 
 shall, when required by the commissioners, give instruction in the useful branches 
 of an English education to such prisoners as, in the judgment of the warden, may 
 require the same, between 6 and 9 p. m. The chaplain is not required to examine 
 letters; the usher does this work. 
 
 Western Penitentiary of Pennsylvania (Allegheny). — Illiterates are accorded the privi- 
 leges of the day school. There is a library of nearly 10,000 volumes. Daily papers 
 and standard magazines ate subscribed for and admitted in large numbers. Religious 
 services are held Sabbath morning in female department and hospital ward; general 
 chapel service at 10 o'clock. Song service 2 p. m. Bibles and religious tracts and news- 
 papers are distributed. Catholic priest holds service Sabbath morning. National 
 holiday is observed as rest day. 
 
 Iowa State Penitentiary. — The chaplain conducts religious services. Library is in 
 care of chaplain. School five and one-half months, five evenings of week; chap- 
 lain directs, assisted by five convicts. 
 
 Wisconsin State Prison. — The chaplain conducts chapel services, visits the convicts 
 in their cells and hospital, cares for the library, examines mail of prisoners, and 
 gives such secular instruction as he thinks necessary. 
 
 Colorado Stale Penitentiary. — The chaplain holds service and conducts Sunday 
 school; superintends school and library. School has been changed from night to 
 afternoon. Eight teachers assist. A Catholic priest holds service on Sundays. 
 
 Main£ State Prison. — Chaplain is appointed by the governor for two years. He 
 conducts religious services and labors for the mental, moral, and religious improve- 
 ment of the convicts. They are fitted to obtain employment after discharge. The 
 chaplain may have a Sunday school with teachers from the outside. 
 
 California State Prison {Folsom. ) — There are no schools or classes of instruction at 
 She Stete prison. Attendance on religious exercises every Sunday is compulsory. 
 
 Ohio State Penitentiary. — All the " rules of conduct " have an educational value and 
 purpose. A library is provided, general and Catholic. The chaplain furnishes a 
 Bible or Testament to each convict; preaches and conducts worship every Sunday; 
 conducts a Sunday school; visita prisoners; has charge of the library. The super- 
 intendent of schools, with the aid of educated prisoners, conducts a school chiefly 
 for the illiterate men. 
 
 Massachitsetls State Prison. — Books and magazines are supplied for reading; a chapel 
 service is held; a chaplain gives moral and religious instruction, acts as superintendent 
 of the prison school, and has charge of library. 
 
 Connecticut State Prison. — Library, chapel, and services ^of a chaplain; a prayer- 
 meeting is held. The chaplain is librarian, with convicts for assistants; he has charge 
 of the correspondence of prisoners, superintends the school, and supervises the prison 
 paper — the Monthly Record. 
 
 Indiana State Prison. — Chaplain holds service Sunday morning, and all prisoners 
 attend. There is "plenty of music and comments on current events." A Christian 
 Endeavor Society admits only first grade men. There is an orchestra of prisoners; a 
 library is kept, under the chaplain's direction. Educational work is confined to 
 a night school, when only illiterates are instructed by convicts. The chaplain also 
 acts as State agent, travels to find employment for and visits the discharged men. 
 
 Minnesota State Prison. — The State provides a Protestant and Catholic chaplain to 
 look after the religious instruction of the inmates of the institution. Eelimous serv- 
 ices are held at 9 o'clock every Sunday morning, and alternates between Protestant 
 and Catholic. Prisoners are not compelled to attend religious services. Sunday 
 school or Bible class is held Sunday afternoons and is open to all prisoners who care 
 to attend. 
 
 We have ten holidays during the year. On these occasions good entertainments 
 are given in the chfapel, the best we can get. Occasionally we have theatrical com- 
 panies and sometimes good readers, and a fine musical programme. These enter- 
 tainments usually last from one and one-half to three hours, depending upon the 
 
184 MODEEN PRISON SYSTEMS. 
 
 nature of the talent and the programme, after which the prisoners are given (during 
 the summer, spring, and fall months) three or four hours in the park of the prison 
 yard, where they are allowed the utmost freedom to enjoy themselves as they see 
 fit, provided they do not quarrel, attempt to settle old disputes, or otherwise conduct 
 themselves in a disorderly manner. I wish to testify to the good influence these 
 privileges have, and I know of no better way of emphasizing it than to say that the 
 granting of these privileges has been in vogue for the last eleven years, and during all 
 this time there have been but two prisoners who have taken advantage of them. 
 (Letter of warden. ) 
 
 (5) Rules. — Illinois Penitentiary {Joliet). — (1) Persons: Sixteen rules for govern- 
 ment of convicts including: Obedience to rules and officers; the rule of silence in 
 work and silence with visitors; respectful demeanor with officers; insolence or abusive 
 language to officer, foreman, or to another convict not tolerated; bathing required 
 once a week in summer, and once in two weeks in the winter, unless excused. (2) 
 Property: Steady labor required. Cell and furniture to be kept in good order. No 
 marking, scratching the walls, or spitting on the floor will be allowed. No altera- 
 tions in clothing or furniture permitted. Knives, tools, pencils, paper, etc., may 
 not be taken to cell. (3) Social order: Directions are given for rising, combing, 
 marching, work, approaching officers. Chapel service: "You will step out promptly, 
 if you desire to attend; if not, you are required to remain in your cell and keep quiet. 
 In chapel you must sit with arms folded and silence must be observed. No reading 
 will be allowed. Strict attention must be given to the service. Spitting on the floor, 
 Bhufl[ling of the feet, or any unnecessary noise is strictly forbidden." 
 
 Minnesota State Prison. — ^The "Eules for government" give minute regulations for 
 officers and for convicts. 
 
 Western PenUentiary of Pennsylvania. — Order: The rules of the prison demand quiet, 
 and dignity of action m movement from cell to workshop and in all parts of the 
 prison. 
 
 Maine State Prison. — The rules and regulations give 21 rules for government of con- 
 victs, including obedience, proper treatment of officers and fellow-convicts, care of 
 prison property and food, and a regular order for each day, rising, marching, con- 
 duct in halls, in shop, in chapel. 
 
 New Jersey State Prison. — Prisoners shall not at any time, under any pretense, 
 without leave, speak to visitors, nor receive from them any letter, paper, tobacco, or 
 anything whatever; prisoners are not allowed to carry knives, pencils, paper, or 
 tools of any kind, or any material whatever, from the shops to their cells; no pris- 
 oner shall willfully injure his work, tools, wearing apparel, bedding, or any other 
 thing belonging to or about the prison, nor will any prisoner be sufiered to mark, 
 injure, or in any way deface the walls of his cell, nor shall he execute his work badly 
 when he has the ability to do it well; prisoners are not allowed to make any fancy 
 articles for anyone, unless under the direction of the supervisor, and in such case the 
 State must receive pay for both labor and materials. Prisoners must approach an 
 officer in a respectful manner, and never address an officer on matters not connected 
 with their immediate wants or needs. Insolence or abusive language to an officer 
 will be sufficient cause for punishment. Prisoners are required to bathe once each 
 week in summer unless excused by the principal keeper or physician. At the ring- 
 ing of the morning bell, prisoners are required to arise, dress, clean their cells, make 
 their beds neatly, and after eating breakfast, be ready to march to the shops, or to 
 any other place to which they may be assigned to labor; at the signal to fall in for 
 marching they must take their places in line, march in lock step, with the right hand 
 upon the shoulder of the man in advance, always face to the right going to the shops 
 and to the left in returning from the shops. In passing through the yard they shall 
 not leave the line without permission. They are not to leave the place where they 
 are put to work, nor the work which they are set to do, without permission; they 
 are not to suffer their attention to be taken from their w^ork to look at visitors, nor 
 are they to gaze or look at them when unemployed. They shall employ themselves 
 diligently with whatever labor they may have in hand, and after reasonable teaching 
 perform the amount of labor required. They shall not write notes to other convicts 
 or carry notes from one convict to another, nor shall they be allowed to trade or 
 exchange tobacco or any article whatever with each other or with any employee of 
 theprison. At the ringing of the evening bell prisoners must retire. 
 
 Wisconsin State Prison. — Each prisoner is permitted to have in his cell one Bible, 
 one cup, one mirror, one cuspidor, one spoon, one face bowl, one dish bowl, one piece 
 of hard soap, one comb, one hairbrush, blankets, sheets, pillowcases, nightshirt, mat- 
 tress, bedstead, camp stool,. one table, one water jar with cover, one electric light, 
 one small library shelf, one library catalogue, one book of rules, and such school and 
 library books as conduct and grade privileges permit. You are warned that mali- 
 
MODERN PRISON SYSTEMS. 185 
 
 cious injury or destruction of property, tools, and machinery belonging to the State 
 or any other person will render you liable to criminal prosecution under the laws of 
 the State. No private work will be allowed in the shops. Alltrading and bartering 
 between prisoners or between officers and citizens and prisoners is strictly prohibited. 
 No presents are to be received. All letters and papers shall be examined at the office 
 under the direction of the warden before being mailed or delivered. Mail taken from 
 post-office for prisoner only on signed authority from the prisoner and permission to 
 inspect. Sealed letters may be sent to the board of control, with complaints; but no 
 other letters shall contain criticisms of the prison. Friends may send specified 
 articles; immoral publications are excluded. Dining room rules, mailing rules, labor 
 rules, given in detail. Observe the rules and obey the officers; be quiet everywhere 
 and at all times; talking with convicts not permitted, nor with visitors without per- 
 mission; with officers only concerning duty or conduct as a prisoner. Insolence, pro- 
 fanity, or obscenity will not be tolerated. You may talk to your cellmate, if you 
 have one, but in low tones only. Do not talk or call to men in other cells. Do not 
 whistle, sing, or make any unnecessary noise. You will be promptly reported and 
 severely punished if you unnecessarily, and with intention of annoying, jostle or 
 push against another prisoner, or in any way provoke another prisoner to anger. 
 Making faces or insulting gestures will not be tolerated. Any trick, by which another 
 prisoner is led into violation of rules and loss of time will lead its author into severe 
 punishment and reduction to the third grade. In speaking to an officer stand at two 
 paces' distance and speak distinctly; it is not necessary to breathe into an officer's 
 face to make him hear you. Do not pass closely in front of an officer, or between 
 two officers who are conversing, and do not interrupt unless you are a measenger 
 charged by another officer with very urgent and important business. You must not 
 chew tobacco while marching in line or while in the dining room. You must not 
 spit upon cell house or corridor floors or upon dining-room floor; cuspidors will be 
 provided and must be used. When you go to sick call be sure that your mouth has 
 been rinsed out and that no tobacco stains are on lips or tongue. To attract your 
 officer's attention raise your hand; do not hiss at him, or call to him, or make any 
 noise to attract his attention, for which you should not have long to wait. You are 
 not to warn any officer of the approach or movement of the warden or deputy warden, 
 nor are you to warn any other prisoner of the presence or movements of an officer or 
 guard. Any interference of this nature with the business of the officers of the insti- 
 tution will certainly result in your punishment and loss of good time. Do not stare 
 at officers or visitors. Impudent staring will be considered and reported as insolence. 
 Do not gaze around the shop, but pay attention strictly to your work. You must 
 approach an officer or guard m a respectful manner, taking off your cap, or touching 
 the cap if out of doors, before speaking to him; use the officer's last name always 
 with the title "Mr." and with no other title. In addressing the officer, if you do 
 not know his name, say "Sir," and proceed with your communication. You are 
 not to answer or respond if addressed by your first, or given name, as the undue 
 familiarity between officers and prisoners, which such a custom breeds, will not be 
 tolerated.- You must not place your hand upon an officer or foreman, or touch their 
 clothing, or in any way come into close personal contact with them. 
 
 Ohio Penitentiary. — Conduct rules and list of offenses are printed in the manual 
 for prisoners. 
 
 Massachusetts State Prison. — Rules for prisoners give 28 rules for conduct. Punish- 
 ment is threatened for violation. 
 
 Connecticut State Prison. — Thirteen rules printed and a list of 45 offenses; besides, 
 shop rules, cell-house rules, chapel rules, hospital rules, grade rules, library rules; 
 the offenses are not classified or graded, but arranged alphabetically. 
 
 Iowa State Penitentiary. — Rules not in document sent. 
 
 (6) Rewards and privileges as motives to obey rules. — Hope is an incentive 
 to obedience to rules. It is well known to psychologists and physicians that motives 
 addressed to fear and causing pain tend to weaken a person, while motives of hope, 
 joy, pleasure, gratitude leave one stronger and more energetic. Coleridge said: 
 "Education ia to be speeded forward by encouragement, beckoning on from before, 
 rather than by fear urging on from behind. The former gives power, while it 
 inspires desire to advance; the latter with ita envenomed goad, stupefies in attempt- 
 ing to stimulate. ' ' ( Works, IV, 480. ) 
 
 California State Prison {Folsom} . — The only rewards to prisoners are the benefits of 
 the Goodwin credit act. Every convict who shall have no infraction of the rules and 
 regulations of the prison, or laws of the State, recorded against him, and who performs 
 inafaithful,orderly,andpeaceablemannerthedvitiesassigned tohim,shall be allowed 
 from his term a deduction of two months in each of the first two years, four months 
 in each of the next two years, and five months in each of the remaining years of said 
 
186 MODEKN PRISON SYSTEMS. 
 
 term, and pro rata for any part of a year, when the sentence is for more or less than 
 a year. (Act of March 19, 1889.) The board of directors determines all questions 
 of administration of the act. Each prisoner is allowed to correspond with his attor- 
 neys and relatives once each month, and no oftener, except in cases of serious illness 
 or by special permission, and he may be visited once a month, by permission of the 
 warden; visits must be in presence of ushers and in audible tone. For any violation 
 of the rules, the privilege of correspondence will be withdrawn. Packages of tobacco, 
 fruit, food, or wearing apparel sent to prisoners will not be admitted. Prisoners will 
 not be permitted to manufacture articles on their own account, to be sold or sent out 
 to friends or to be bartered in any way. 
 
 Illinois Penitentiary {Joliet). — Privilege tickets given at entrance. One ration of 
 tobacco given each week. Permission to write once in five weeks. Permission to 
 see friends once in eight weeks. Permission to receive such weekly papers as the 
 warden may approve. Special letters by permission. For good conduct during the 
 entire term of imprisonment one has a right to demand a certificate of good conduct. 
 This recommends to the governor for restoration to citizenship. 
 
 Western Penitentiary, Pa. — Under the present conditions of prison labor in Pennsyl- 
 (rania it is not possible to be so liberal as heretofore with wages to prisoners for over- 
 work. 
 
 Iowa State Penitentiary. — Good time and hope of parole. 
 
 Maine State Prison. — Writing to friends. Receiving visits. "Grood time" for good 
 conduct. 
 
 Ohio State Penitentiary. — The chief incentive of hope is that of earlier parole and 
 freedom. Prisoners in the first grade may be visited by friends and relatives twice a 
 month; those in the second grade, by relatives only, once a month; those in the 
 *,hird grade, not at all. Prisoners in the first grade may write every second and 
 every fourth Sunday; those in the second grade, every third Sunday; those in the 
 third grade not at all. Prisoners in the first and second grades may receive fruit, 
 pastry, etc., from friends once a month and on legal holidays. Prisoners in the 
 '■hird grade will be allowed to receive nothing sent to them from the outside. Library 
 privileges are extended for good conduct. Earnings of prisoner credited for faitiily 
 and for care after discharge, lost by misconduct. 
 
 Massachusetts State Prison. — Hope of reducing maximum sentence. Ever jr prisoner 
 whose record of conduct and labor is perfect may be entitled to receive a visit once a 
 month from such person as the warden may approve, to write not exceeding sixteen 
 letters in one year to such persons as the warden may approve, and to have such 
 books, newspapers, or magazines as the warden may allow. 
 
 Connedicut State Prison. — Privileges are connected with the grades: (1) The flrst- 
 ^ade men shall be entitled to the following privileges: To write one letter a week, 
 to receive letters from friends every two weeks, to receive such letters, weekly papers, 
 jmd periodicals as the warden may approve, and from time to time such additional 
 privileges and immunities not herein enumerated as may be considered safe to con- 
 cede as a special reward for meritorious conduct, having at all times in view the best 
 interests of discipline and good order; (2) second-grade men shall receive visits 
 from friends once a month, letters, weekly papers, and periodicals as the warden may 
 approve, and write once a month; (3) third-grade men receive nothing from friends, 
 write no letters or receive them (save in urgent cases), and draw one book a week. 
 
 Wiscormn State Prison. — (1) The greatest of all privileges is the shortening of sen- 
 tence for good conduct under the "good time" law; for the first year, one month; 
 eecond year, two months; third year, three months; fourth year, four months; fifth 
 year, five months; sixth year, six months; seventh year, six months. (2) Earnings 
 available only to a prisoner upon his discharge from prison and computed at the 
 rate of 3 cents per day for the first year, and 1 cent per day for the remainder of 
 ^he term of sentence. He is also given clothing and transportation to the place of 
 lonviction or an equal distance in any other direction. _ The earnings of life prisoners 
 H.re credited to them at the end of each year's service, at same rate as short-term 
 men. (3) Grading rules: First-grade men, one ration of tobacco each week; electric 
 light in his cell; visits from friends once in four weeks; permission to write a letter 
 on the first and third Sundays of the month ; permission to receive weekly news- 
 papers and periodicals approved by the warden; permission to draw books from the 
 library; permission to receive from friends on holidays one express package of not 
 more than six pounds, which may contain articles enumerated under mail and express 
 rules; other holiday privileges at the discretion of the warden. Second-grade men: 
 Permission to write on the Qiird Sunday of the month; electric light in cell; permis- 
 sion to draw one book from the library every two weeks. Third-grade men: I)enied 
 all the privileges except in case of necessity, by special direction of the warden. 
 
 Minnesota Slate Prison. — The only form of punishment is that of confinement in a 
 solitary cell on bread and water. The privileges are graded. 
 
MODEBN PRISON SYSTEMS. 187 
 
 .(7), Puaisliments, disciplinary. — Illinois Slate Penitentiary (Miet). — The only- 
 disciplinary punishments allowed are, first, taking from prisoners one or all of their 
 privilege tickets; second, reduction in grades; third, solitary confinement on short 
 rations of bread and water; fourth, handcuffing prisoner to the grated cell door at the 
 height of his breast. Corporal punishments of any kind are prohibited by the statute. 
 
 Western Penitentiary of Penmiiloania. — For slight breaches of rules, cellular seclu- 
 sion in common cell, with deprivation of privileges, and for greater breaches of rules 
 separate confinement in dark cells. No cage, no whipping, no cruel punishment 
 tolerated. A punishment record kept by deputy warden. Loss of "good time." 
 
 Colorado State Penitentiari/. — The warden says: As I am a believer in corporal pun- 
 ishment, that method has been used with but few exceptions. There are few punish- 
 ments. Privileges are taken away for light offenses. Dungeon in rare cases. Out 
 of 1,012, 161 have been disciplined. Beformatory: Loss of marks and grades. 
 
 Ohio State Penitentiary. — No other punishments mentioned than that of loss of grade, 
 privileges,_and "good time." The only disciplinary punishments of prisoners allowed 
 to be administered in this p'rison, unless otherwise ordered by the warden, shall be: 
 (1) Solitary confinement on short rations of bread and water; (2) handcuffing 
 prisoners in the grated cell at the height of his breast; (3) by assessing him and 
 taking all or a part of "good time " earned from a prisoner; (4) or by withholding 
 tobacco from him for a limited time, or by suspending him from school for a limited 
 time, or preventing him from attending chapel services, Sunday school, or prayer 
 meeting, or by withhol3ing visiting permit from him, and such other punishment as 
 in the judgment of the warden may be necessary to enforce good discipline. The 
 deputy warden assigns the punishments and keeps a record of offenses and punish- 
 ments. 
 
 Massachusetts State Prison. — Such punishment as the warden may direct. Deprived 
 of privileges for one month or longer. Held for maximum sentence. 
 
 Connecticut State Prison. — No list of disciplinary punishments in document sent. 
 Degradation from rank and consequent loss of "good time" mentioned. 
 
 Wiscondn State Prison. — (a) Depriving inmates of their privileges; (6) solitary con- 
 finement on short rations of bread and water; (c) handcuffed to a screened cell door. 
 It will not be allowed to inflict corporal punishment. The loss of "good time" is 
 always feared as a consequence of violating the rules. Deductions are made from 
 credited earnings at the rate of one-fifth of a cent a day. 
 
 Maine State Prison. — Loss of "good time." Loss of privileges, as writing, receiv- 
 ing visitors. The deputy warden awards punishments, free from personal vin- 
 dictiveness, sufficiently severe, without cruelty, to secure the end desired, reporting 
 to warden. Solitary confinement, aa punishment for the violation of the rules of the 
 prison, shall be inflicted upon the convict in a cell and he shall be fed on bread and 
 water only, unless the physician certify to the warden that the health of such con- 
 vict requires other diet. (Laws of Maine. ) 
 
 Folsom State Prison ( Cal.) . — We do not chain, cage, or whip prisoners; our punish- 
 ment consists in solitary confinement with bread and water and partial or total sus- 
 pension of privileges. A punishment record is kept by the captain of the guard. 
 We do not require prisoners to keep their hair closely clipped, but with every pun- 
 ishment the hair-clipping constitutes part of the punishment. § 22 of the Penal Code 
 gives prisoners the right to grow their hair or beard to suit themselves during the last 
 ninety days of their term. ' 
 
 (8) Care of discharged prisoners. — Wiscormn Slate Prison. — No conditional 
 parole law. The care of prisoners ceases with discharge. 
 
 Folsom State Prison ( Cat.).— Upon release, prisoners shift for themselves; the State 
 vouchsafes them no aid beyond the prison gates. By the statutes they are allowed 
 a suit of clothes, the cost of which is not to exceed $10 (§22, Penal Code). Our 
 prisoners receive no financial compensation for labors performed. Upon their dis- 
 charge they receive what money or property they brought with them and the State 
 allowance of $5. There is, however, for prisoners not convicted of murder, nor pre- 
 viously convicted of a felony, a possibility of parole after the expiration of a mini- 
 mum of one year. (Act of March 23, 1893.) This is administered by the State 
 board of prison directors of California. See rules and regulations of this board for 
 the paroling of prisoners (1893). 
 
 Illinois Penitentiary {.Toliet). — A parole agent is employed whose duty it is to secure 
 employment for paroled prisoners. Prisoners may make time by good conduct. Pris- 
 oners released given a new suit of clothes, |10 in money, and transportation to their 
 destination. Paroled men are required to report on the first of each month until they 
 have served the required twelve months satisfactorily, when they are granted their 
 final or absolute discharge. 
 
 Western Penitentiary of Pennsylvania. — No parole law. Commutation law gives for 
 good behavior: One year's sentence, two months; ten-year sentence, three years 
 
188 MODERN PRISON SYSTEMS. 
 
 seven months; twenty-year sentence, seven years nine months; forty-year sentence, 
 sixteen years one month. There is no State agent in Pennsylvania whose duty it ia 
 to specifically care for discharged prisoners and secure employment, so this duty is 
 assumed by the Allegheny County Prison Society and the chaplain of the prison. 
 Transportation money given, $5 to |10. 
 
 Ohio State Penitentiary. — See compilation of the laws relating to the penitentiary. 
 Court may give a general sentence to the penitentiary, terminable by the managers, 
 but not to exceed maximum sentence for the crime; this privilege confined to those 
 not charged with murder, who has not previously been convicted of a felony and 
 served a term in a penal institution. He must serve the minimum sentfuce; he 
 may be conditionally released on parole; liable to be retaken for cause. All pris- 
 oners may have sentence reduced by good conduct. 
 
 Maine State Prison. — 'So parole mentioned. "Good-time" law; chaplain to aid 
 when possible in obtaining employment; $5 and a suit of clothes when discharged. 
 
 Massachtisetts State Prison. — On discharge suitable garments provided. "Good- 
 time" law. 
 
 Connecticut State Prison. — "Good-time" law (new, 1902) grants sixty days a year 
 for the first five years and ninety days a year thereafter, to convicts serving more 
 than one year, for good conduct. There is also an indeterminate-sentence law, and a 
 board of parole with rules. (Act approved June 17, 1901. ) Excluded from this 
 law are convicts sentenced for a capital offense or for life term. Maximum term 
 fixed by law for the offense. A minimum term is fixed by court. The board of 
 parole is made up of the board of directors and the warden. They can give final dis- 
 charge before end of maximum sentence if convinced that the person will lead an 
 orderly life. 
 
 Iowa State Penitentiary. — Chaplain seeks to help paroled and discharged men to 
 'jecure employment; but as yet no systematic State effort. 
 
 Colorado State Penitentiary. — In the Fourth Biennial Eeport of the Sta,te Board of 
 Pardons (1899-1900) the laws of many States on subject of pardons by governors 
 and by boards of pardons. Colorado has a board of pardons. The votes are nearly 
 equally divided between the two methods of showing executive clemency. Law of 
 1899 (August 3) permits paroles for "good time." 
 
 Indiana State Prison. — tinder the indeterminate sentence law men may be paroled 
 by the board of parole, if they have conducted themselves well and are not habitual 
 oflenders. The State furnishes a $6 suit of clothes to each discharged prisoner. 
 The suits are made from cloth of different patterns and fitted to the person by a 
 tailor. The chaplain gives much of his time to the labor of securing places of 
 employment for men about to be discharged on parole, and holding them to good 
 conduct when they are conditionally released. 
 
 Minnesota State Prison. — Each prisoner receives $25 in currency upon his discharge, 
 with a suit of clothes, and a good overcoat, if discharged between October 1 and 
 April 1. The parole system has been legal for eleven years. We have a State agent 
 whose duty it is to secure work for discharged and paroled prisoners. He is 
 required to visit the prison at intervals and to personally interview every prisoner 
 from ten to twenty days prior to prisoner's discharge, ascertain his wishes, his 
 requirements, ete. ; if he wishes to leave the State, to get his transportation at 
 reduced rates; if he wishes to remain in the State, and wants a position, to find one 
 for him and make a report of his findings and the requirements of each prisoner with 
 what he (the State agent) is to do for him or them, immediately after such inter- 
 view has taken place. The State agent is required to make a monthly statement 
 of what he has actually done for each discharged prisoner. He is also required to 
 report upon each prisoner who has been paroled, the work that has been found for 
 him, how the paroled prisoner is getting along, etc. 
 
 (c) Federal Prison at Fort Leavenworth, Kans. 
 
 (1) Examination by deputy warden and physician at admission. The chaplain 
 ■receives a statement of the religious and educational antecedents of the prisoner, 
 and of his parental and conjugal relations. 
 
 (2) Grades and. marks. — Grades mentioned; no details given. Stripes a mark 
 of degradation. Red numbered prisoners mentioned. All violations of rules are 
 recorded with chief clerk. The exact system of marking credits and debits not 
 given. 
 
 (3 and 4) Instruction and religion. — ^The chaplain is to conduct religious serv- 
 ices; study the life history of prisoners; ministerto their spiritual wants; visit them 
 in their cells; furnish a Bible to each one who desires it; visit the sick; select and 
 distribute books from the library. Ministers may come from outside at request of a 
 prisoner. 
 
MODERN PRISON SYSTEMS. 189 
 
 (5) Rules and (6) ReTwards (privileges) and (7) Funishmeiits. — Rules for 
 convicts. — 1. Your first duty is strict observance to these rules and to all orders of the 
 officer under whose charge you may be placed. 
 
 2. You must observe strict silence in your cell, in dining room, in chapel, at sick 
 call, and while marching through the yard. 
 
 3. You must not speak to, give or receive from visitors, anything, except by per- 
 mission of the warden or deputy. Gazing at visitors or strangers passing through the 
 penitentiary is strictly forbidden. 
 
 4. You are expected to apply yourself diligently to whatever labor you are assigned, 
 and after reasonable teaching to perform the same amount of work as would be 
 required from you as a citizen.. 
 
 5. At every signal to fall in for marching take your place in line promptly. 
 March with militery step, attend to and promptly obey the orders of your officer. 
 
 6. You will be required to keep your person clean and your clothing tidy and in 
 
 food order. You must not make any alteration in your clothing or cut your shoes. 
 f they hurt you or need repairs report the fact to your officer. You must not carry 
 tools of any kind, pencil, paper, or any material whatever from your work to your 
 cell without permission in writing from the warden or deputy. Finding any of these 
 things in your possession will be considered proof that you have violated this rule. 
 Tinkering or writing notes to other convicts or carrying notes from one convict to 
 another is strictly forbidden. 
 
 7. You must not carry upon your person or have in your cell, at any time, a knife 
 of any description, without a written permit from the warden or deputy. A kniff 
 found in any prisoner's possession without such permission will be taken as evidence 
 of his intention to injure an officer or fellow prisoner, and he will be punished 
 accordingly. • 
 
 8. You are not allowed to have any money on your person or in your possession, 
 neither are you permitted to trade or purchase any article whatever. All of your 
 business must be done through the warden. 
 
 9. You must approach an officer in a respectful manner. You must confine youi 
 conversation with him strictly to the business in hand. You must not address an 
 officer on matters outside the penitentiary. Insolence in any form to an officer, 
 foreman, or even to a fellow convict will not be tolerated. 
 
 10. On entering the cell house, dining room, chapel, or any of the offices of the 
 penitentiary, you must uncover, unless your duties are such that you have* special 
 permission to remain covered. 
 
 11. When the bell rings in the morning rise promptly, make up your bed as 
 instructed, clean your cuspidor, and sweep your cell. Then wash your face and 
 hands and, at the command of the guard, pass into the yard with night bucket, 
 marching by column of twos in perfect order. 
 
 12. On entering the dining room take your seat promptly — position erect — arms 
 folded, with eyes to the front until the sigpal is given to commence eating. 
 
 13. Strict silence must be observed during the meal. Staring at visitors, talking 
 and laughing, fooling or gazing about the room are strictly forbidden. 
 
 14. Eating or drinking before or after the bell sounds, using vinegar in your drink- 
 ing water, or putting meat on the table are prohibited. 
 
 15. Should you desire additional food make your wants known to the waiters in 
 the following manner: If you want bread, hold up your right hand; coffee or water, 
 hold up your cup; meat, hold up your fork; soup, hold up your spoon; vegetables, 
 hold up your knife. If you desire to speak to an officer about food or service in the 
 dining hall hold up your left hand. Wasting food in any form will not be tolerated. 
 You must not ask for or allow the waiter to place more food on your plate than you 
 can eat. When through with meal leave pieces of bread on left side of plate. Crusts 
 and small pieces of bread must not be left on your plate. 
 
 17. After finishing your meal place knife, fork and spoon on right side of plate. 
 Sit erect, with arms folded. When the signal is given to arise, drop hands to youi 
 side. At the second signal march out and to your place in line in a prompt, quiet, 
 and orderly manner. 
 
 18. In passing to and from the dining hall you must not gaze into cells or loiter in 
 the corridor. Walk erect with your eyes to the front. It is strictly against tiie rules 
 to carry out any of the dining hall furnishings, or to carry food to or from the dining 
 hall at any time. 
 
 19. At the morning work hour, march to the yard and when your number is called 
 answer promptly, take your place quietly and march to your work as directed by 
 the officer in charge. 
 
 20. On entering the cell house in the evening, or at noon on Sunday, go to your 
 cell quietly and promptly, close the door after you without slamming, and hold it 
 
190 MODEBN PEI80N SYSTEMS. 
 
 until it ia locked. Then stand at "attention" until the count is completed. When 
 the count is completed you will be notified by sound of the bell. 
 
 21. When at work give your undivided attention to it. Gazing about at visitors, 
 or at other prisoners, will not be allowed. You must respectfully listen to and faith- 
 fully carry out all instructions given you by your foreman concerning your work. 
 
 22. You will not be allowed to leave your place of work except by permission of 
 the officer in charge. 
 
 23. Careless or willful injury of your work or tools will be promptly reported. 
 
 24. In talking with your foreman confine yourself strictly to the work in hand. 
 If you have any cause for complaint of your guard, foreman or others, you will be 
 allowed to send application for an interview with the warden or deputy through 
 your ofiicer at any time. 
 
 25. Communication between prisoners while at work will not be allowed except 
 by special permission of the officer in charge, and then only when absolutely neces- 
 sary. 
 
 26. If you are sick or unable to work report the fact to the officer in charge, and 
 act as he may direct. If you wish to see the j)hysician, give your name and number 
 to the officer immediately after entering the dinmg room in the morning. 
 
 27. All trading or bartering of whatsoever kind between prisoners or between 
 citizens and prisoners, is strictly prohibited. You will not be allowed to give or to 
 receive from a guard, foreman or citizen any present or gift under any circumstances. 
 
 28. During the noon hour, and on the march to and from the quarry and new prison 
 site, prisoners outside the penitentiary wall may indulge in conversation as directed 
 by the officer in charge, provided said conversation is free from profanity and vul- 
 garity, is good natured and is not loud or boisterous. 
 
 29. Saturday afternoans, after bathing, take the furniture out of your cell, and 
 scrub the cell perfectly clean with soap and water, then replace the furniture, and 
 make careful inspection of the bed and bedding for bugs. If any are found report to 
 the guard so that they may be destroyed and the penitentiary kept free from vermin. 
 
 30. On Sunday morning put your cell in order for inspection. When the bell taps 
 remove all clothing except undershirt and drawers; roll the drawers above the knee 
 and the shirtsleeves above the elbows; expose the chest, and during inspection stand 
 at "attention" with arms folded. 
 
 31. After inspection, exhibit your clothing to the storekeeper, as he makes his 
 rounds, and carefully obey his directions about turning any of it in for repairs or 
 exchange. 
 
 32. At the morning sick call, stand quietly in line until your number is called, 
 then pass quickly into the physician's office, receive and promptly obey his direc- 
 tions, and again take your place in line. No conversation or disorder of any kind 
 will be permitted. 
 
 38. If ordered by the physician to the hospital for treatment you will be properly 
 cared for, but to hold your place in hospital you must remain quiet and perfectly 
 obedient. No disorder of any kind will be tolerated. While in the hospital you 
 must be neat and tidy in habits and perfectly respectful in language to the hospital 
 officers and nurses. 
 
 34. Fighting, and inciting others to fight, are acts especially condemned, and for 
 either offense you may be reduced to stripes, and lose all "good time " at the discre- 
 tion of the warden. 
 
 35. Under the law "good time" at not to exceed two months for each year, may 
 be allowed. For violation of the rules you may lose any part of this "good time" 
 at the discretion of the warden. A written record of all violations will be made. 
 
 36. When in the yard or in the cell corridors not at work, if approached by the 
 warden or deputy warden, or by a guard in the company of visitors, you must stand 
 at "attention," with arms folded, until they have passed. 
 
 37. When approaching an officer or guard of the penitentiary to speak to him, 
 remove your cap, fold your arms and stand at "attention" until he directs you to 
 proceed. 
 
 38. Gambling of all kinds is strictly forbidden. 
 
 39. Keep your library books and cell furniture clean and in good order. Marking 
 the walls, spitting on the floor, corridors, or stairs will not be allowed. 
 
 40. Place your writing and tobacco tickets on cell door immediately after supper 
 Saturday evenings, in plain view, otherwise these privileges will be withheld. You 
 must return all writing material given you whether used or not. Failure to do this 
 will deprive yo\i of your writing privileges. 
 
 41. Strict silence must be observed iii your cell at all times. Talking, laughing, 
 reading aloud, shuffling of feet, drawing bench or night pail across the floor, or talk- 
 ing from cell to cell are strictly prohibited. You must not tamper with your electric 
 light. If it does not burn properly report the fact to the officer on duty, 
 
MODERN PEI80N SYSTEMS. 191 
 
 42. You will be entitled to the benefit of the library by following strictly the 
 directions on the library card. 
 
 43. For willful destruction of clothing or exchanging any part of it with another 
 prisoner, or destruction of penitentiary property, you may be reduced to stripes and 
 lose your "good time." 
 
 44. Your cell is subject to search at any time. If articles are found that might 
 be used to injure or destroy cells, you may be treated as an "escape." 
 
 45. Neither food nor medicines can be sent to any prisoner by private individuals 
 outside the penitentiary. 
 
 46. In the prison dining room is a mail box in which can be dropped messages ta 
 the warden, deputy warden, or chaplain. Such messages must be brief, to the point, 
 and signed by the prisoner's number. 
 
 Privileges. — ^You are not compelled to attend religious service, but you are specially 
 requested to do so, because the moral support of religious instruction is necessary for 
 all. All tobacco must be removed from the mouth before going to the chapel; no 
 spitting on the chapel floor will be tolerated. No conversation will be permitted 
 while in the chapel. 
 
 On entering the penitentiary you will receive three tickets entitling you to the 
 following privileges as long as you obey strictly all of the rules: First. One ration of 
 chewing tobacco each week. Smoking is absolutely prohibited. Second. PermiS" 
 sion to write once in two weeks. Third. Permission to see friends once in four 
 weeks, except on Sundays and holidays. Newspapers: You are permitted to receivei 
 such weekly papers as the warden may approve. No daily papers or sensational 
 publications of any description will be admitted. Extra letters: Written permission 
 must be obtained from the warden or deputy in case it becomes necessary to writa 
 special letters. Mail matter: Letters and papers of every description must be exam., 
 ined at the chaplain's office under the direction of the warden before being mailed 
 or delivered. 
 
 List of offenses. — Answering to number in improper manner; bed not properly made; 
 clothing not in order; coat not buttoned when in use; crookedness; creating a dis- 
 turbance; disobedience of orders; disrespectful conduct of any kind; disturbance i» 
 cell house; disturbance in line of march; escaping; failing at inspection; fighting; 
 hiding out; insolence to officers, guard, or foreman; injuring library books or other 
 property; insubordination; inattention in line or at work; loafing; laughing and fool- 
 ing; loud talk; larceny; lying; malicious mischief of any kind; mutiny; neglect oi 
 work; not at door at count; not retiring at proper hour; profanity; quarreling; rais- 
 ing disturbance of any kind at any place; replying when corrected; shirking; smok- 
 ing; spitting on floor; stealing; talking in dining room or from cell to cell; talking- 
 inline in the yard; talking at sick call or in chapel; using threatening language: 
 unbecoming conduct not above mentioned; vile language; wasting food; when march- 
 ing to or from work out of place; writing unauthorized letters. 
 
 JPunishnients. — (1) Reprimand; (2) loss of tobacco privilege; (3) loss of letter privi- 
 lege; (4) loss of part of "good time;" (5) imprisonment in "solitary" on limited 
 diet; (6) imprisonment in "solitary" on restricted diet and handcuffed to door; (7) 
 reduction to stripes and loss of all "good time." 
 
 [I] 
 
 [d) SouTH.a 
 
 Examination. — Little information obtained. 
 
 Grading and marking. — Virginia State Penitentiary. — Laws, § 4144. Th« 
 superintendent shall keep a record of the conduct of each convict (no mark system) , 
 
 Arizona Territorial Prison. — No information except that record of conduct is kept 
 as basis of "good time." 
 
 Louisiana State Penitentiary. — Annual Report of Board of Control State Peniten. 
 tiary. Baton Rouge, La. ; 0. Harrison Parker, president, 1901. 
 
 All seem (from the photographs) to be dressed alike in stripes; no mention of 
 grades. The classification is physical, and with reference, not to discipline, but to 
 work: (1) Men of sound physical health, between theages of 20 and 50 years, of 140 
 pounds weight or more, and who have been accustomed to physical labor; (2) men 
 of sound physical health, who are slightly under or over the age limit of one, or who 
 are less than 140 pounds weight, or who have not been accustomed to hard outdoo^ 
 labor; (3) all old men and boys, all men suffering from any impairment of health o 
 { 
 
 «Miss Frances A. Kellor, in her Experimental Sociology, Delinquents (The Mao 
 millan Company, 1901), Chapter X, has published the results of her observations in 
 prisons of the South under the topics: "Method of control," "Buildings," "Furnishi. 
 ers," "Labor," "Hours and tasks," "Conditions," "Discipline," "Foods," "Cloth 
 ing/' "Recreation and intercourse," "Education," "Cultural," "Medical care." 
 
192 MODERN PRISON SYSTEMS. 
 
 not sufficient severity to confine them to the hospital, and all healthy female prison- 
 ers; (4) all sick prisoners. [This is evidently a very primitive and undeveloped 
 method of classification, and the presence of boys indicates need of further specializa- 
 tion of institutions.] The report frankly says: "We have by no means yet brought 
 about the conditions which ought te exist. The board has made important improve- 
 ments and has the spirit of progressive effort. The statistics show in prison 10 chil- 
 dren from 13 to 15 years of age, 335 youths from 15 to 21 years of age." 
 
 West Virginia Penitentiary. — Code of West Virginia, 1899. Kules in the West Vir- 
 ginia Penitentiary, 1899. There are three grades — first, second, and third, the third 
 being lowest. 
 
 Arizona Territorial Prison, at Yuma. — Biennial report, 1900. Rules and regulations, 
 1898. (No information.) 
 
 Texas State penitentiaries. — No reference to marking system. 
 
 West Virginia State Penitentiary, Moundsville, W. Va. — Record kept for the grades. 
 
 Louisiana Stale Penitentiary.— No mention of a mark system. 
 
 Virginia State PenitenUary, Richmond. — (1) Rules and regulations, 1898; (2) Vir- 
 ginia penitentiary laws, 1887, code. No grades mentioned; steipes used for 
 punishment. 
 
 Note. — In Virginia the legislature makes many of the regulations into statutes of 
 the code, instead of leaving this to the administration of the prison. 
 
 (3 and 4) Education and raligion. — West Virginia Penitentiary. — Six nights of 
 each week, with the exception of holiday nights, an evening school is maintained, 
 instruction being given to about 50 blacks and 50 whites in rudimentary branches by 
 a corps of educated convicts, all under the direct supervision of the prison chaplain. 
 A Roman Catholic priest visits convicts of his faith. The festival days are Flower 
 Sunday in June, Fourth of July, Labor Day, Thanksgiving, Christmas, and New 
 Year. On these days there are special entertainments, either by the prisoners or by 
 local talent; All Sundays and holidays are observed as days of rest. 
 
 Texas State penitentiaries. — ^The chaplain preaches, conducts Sunday school, and 
 various associations; visits convicts; acta as librarian. A library is furnished. Illit- 
 erates may be taught to read and write. 
 
 Arizona Territorial Prison. — Religious services. Prison library (partly supported 
 by 25 cents fee from visitors). 
 
 Virginia State Peniieniiary. — All convicts are required to attend religious services in 
 the chapel on Sunday, unless they are sick or excused by the superintendent. 
 
 Louisiana State Penitentiary. — The chaplain' s report is source of information. There 
 is a church edifice. The prisoners are much scattered, in the central prison and on 
 farms. City pastors help the chaplain, conducting services on Sunday and burying 
 the dead. Young men from the Young Men's Christian Association conduct religious 
 and educational work on the farms. 'There is a library, and books are added. In 
 the levee camps the convicts are of lowest grade. Not 10 per cent can read, and the 
 moral sense is blunted; but moral efforts are not relaxed even here, and the report 
 is hopeful. 
 
 (5) Rules. — Virginia State Penitentiary. — Profanity, indecent behavior, idleness, 
 neglect or willful mismanagement of work, insubordination, an assault not amount- 
 ing to felony, or a violation of any of the rules prescribed by the governor are forbid- 
 den. (Laws, § 4143. ) See Rules and Regulations, Art. VI, Duties of convicts. 
 ,' Arkansas Peniieniiary. — Rules regulate rising, forbidden articles, defacing walls, 
 politeness to officers, visits, communications; Sunday to be quietly observed; box- 
 ing, gambling, cock fighting forbidden. 
 
 Louisiana State Penitentiary. — No rules yet made. The warden writes in his report: 
 "During 1901 I have endeavored to perform my duties without set rules, but I 
 believe thB time has come when the board of control should formulate some for the 
 guidance of all." 
 
 Texas State Penitentiary. — To the prisoners it is said: You are prohibited from 
 marking, injuring, or defacing any article in your cell, or the walls of your cell, or 
 any other part of the building. You must keep the walls and floor of your cell and 
 the bedding neat and clean, and spitting upon the floors, or walls, or corridors, in or 
 about the prison will not be tolerated in any case. At the ringing of the morning 
 bell you must get up, dress, make or jjut up your bed, and get ready for marching 
 out. In chapel strict and silent attention shall be given to the service, and spitting 
 upon the floor and shuffling the feet will not be allowed. Gambling or playing at 
 any game at any time or place is strictly forbidden. Profane, obscene, indecent, or 
 insolent language shall, under no circumstances, be allowed. In lines you must march 
 in "lock step," with your right hand on the shoulder of the convict in advance of 
 you, and incline your face toward the officer. In walking with other convicts always 
 walk in single file in marching order. The rule of silence is found here, as in most 
 
MODBRW PRISON SYSTEMS. 193 
 
 of the institutions, North and South. The permission to receive medical examina- 
 tion, advice, and treatment, and care for personal health, is found here, as commonly 
 elsewhere. " You must always approach an officer in a respectful manner, and be 
 brief in your communications, and never speak to an officer unless when necessary 
 concerning your worli, or in stating a grievance, or mailing some necessary request. 
 When within the view of visitors you are particularly charged to keep your eyes 
 upon your work and give it your sole attention. You are required to batlie once in 
 each week, unless specially excused, and to have your face shaved clean once in each 
 week, and your hair kept short." 
 
 West Virginia Penitentiary. — "The first duly of a convict is obedience. You are to 
 labor faithfully and diligently. The riile is silence, unless permission is given. You 
 will not suffer your attention to be taken from your work in looking at visitors, or 
 to gaze at them when unemployed. You must not speak to an officer when he is 
 engaged in locking or taking count. You must always approach an officer of this 
 institution with cap removed, and your arms at your side, standing erect in a 
 respectful manner and be brief in your communication. Youmust notquarrel or fight, 
 nor use angry words or profane language under any circumstances. Hands and faces 
 mustbe wasliedin themorning." Shower baths by platoons on Saturdays. Men with 
 skin diseases bathe apart from others. All convicts are required to attend religious 
 services on Sabbath, unless excused. Strict attention to the services must be 
 observed. Profanity or obscene songs or language will not be tolerated. Prisoners 
 will not be permitted to sleep with their clothes on. (Nothing said of nightshirts.) 
 All games are positively prohibited. Personal effects are here, as usual, taken away 
 and held in trust. Clothing and single-cell furniture provided. No convict is 
 allowed to buy, barter, trade, exchange, give to or receive from a guard, foreman, 
 or any convict anything whatever, without consent of the warden or his deputy. 
 "You are not to willfully or carelessly injure your work, tools, wearing apparel, bed- 
 ding, or any other thing belonging to or about the prison, nor are you to execute 
 your work badly. Convicts who may earn overwork will be permitted to dispose of 
 such earnings in the purchase of such articles as the warden may deem proper, or 
 they may have their earnings remitted to their friends or families. At tlie ringing 
 of the gong in the morning (four taps) you will rise, dress, make your bed, and put 
 your room in order. At the sounding of the gong (three taps) you will clasp thf 
 bar of your door with right hand and remain standing in said position until a satis' 
 factory count is made. At a signal of two short taps the drop locks will be thrown, 
 at the same signal you will push your door open, promptly stepping out in line and 
 closing your door, at a signal (one tap) you will take up the line of march. You 
 must be prompt in answering signals, march with head erect and eyes to the front, 
 at all times march in a soldierly manner. ' ' In the workshop all must labor steadily. 
 During seven months of the year the men are marched around the yard for half an 
 hour each pleasant afternoon after they leave the dining hall, and on Sundays and 
 holidays, winter and summer, if the weather is favorable, the male inmates also 
 walk in the yard after breakfast and after chapel services. The women take their 
 exercise in the yard a few evenings each week when the weather is pleasant. Taps 
 are sounded each night at 9 o'clock, and immediately thereafter the electric lights in 
 the cells are turned off. Laughing or talking after that is punishable. 
 
 (6) Rewards (hope). — West Virginia State Penitentiary. — Prisoners of first grade 
 may write every second and fourth Sabbath. The State will furnish stamps for 
 their letters written on the second Sabbath, but prisoners must furnish stamps for 
 their letters written on the fourth Sabbath. Prisoners of the first grade may see their 
 friends once a month, provided they are not on the blacklist. Prisoners of the second 
 grade can write on the second Sabbath; may see their friends once a month, pro- 
 vided they are not on the blacklist. Prisoners of the third grade can not write at 
 all, nor see their friends at all. They are deprived of all their privileges. Prisoners 
 working in the contract shops are permitted, if able, to earn overtime, the same to be 
 paid once a month to the warden, who is designated by law to be custodian of con- 
 victs' moneys. All prisoners are entitled to reward for good conduct and earnest 
 application to work. The form of reward is made by granting commutation at the 
 tate of sixty days per year, and by giving the men the privileges of the lookout, 
 special permission to write to their relatives and friends, and the purchase of many 
 little comforts in the way of delicacies and clothing. 
 
 Louisiana State PeniierUiary. — No information. There is a "good -time" law. 
 
 Arizona Territorial Prison. — "Good time" for good conduct. Letters each week 
 (no restrictions stated). When not otherwise engaged, prisoners have the privilege 
 of making non-contraband articles for sale to visitors or others. The prisoner receives 
 two-thirds and the Territory one-third of net proceeds. 
 
 H. Doc. 452 13 
 
194 MODERN PRISON SYSTEMS. 
 
 Texas State penitentiaries. — For good behavior: (1) Permission to have lights in cell; 
 (2) permission to write once a month; (3) permission to see friends once a month; 
 (4) permission to go from cell on Sunday, except in meal or chapel lines; (5) per- 
 mission to use any special clothing or furniture; (6) permission to use and adorn cell; 
 (7) permission to eat out of general line; (8) permission to write any special letters; 
 (9) permission to receive newspapers during the week; (10) permission to retain 
 library books in the cell; ( 11 ) permission to sing or make music upon any instrument 
 between 7 and 9 p. m. " Good time" for good conduct: Two days per month off the 
 first year of sentence; three days per month off the second year; four days per month 
 off the third year; five days per month bft the fourth year; ten days per month off 
 the ninth year; fifteen days per month off each succeeding year. 
 
 Virginia State Penitentiary. — Conditional pardon. (Acts of assembly, 1899-1900, 
 p. 273, approved February 3, 1900.) Whenever any person is confined in the State 
 penitentiary for any offense, and shall have served out half of his term of imprison- 
 ment, he shall be allowed to file a petition with the board of directors of said insti- 
 tution setting forth that he has served half of his term; that he has kept the prison 
 rules in every respect for the two years next preceding the date of his petition (if he 
 shall have been confined in the penitentiary so long), and asking the said board to 
 recommend him to the governor as a proper person to receive a conditional pardon. 
 Employment usually secured before recommending for conditional pardon. (Laws, 
 §4147.) The board in its discretion may allow a convict, on his discharge, not 
 exceeding $10; transportation to county or city wjience he was sent, and, if he need 
 it, a suit of coarse clothing. 
 
 (7) Punishments. — West Virginia Penitentiary. — Restrictions on privileges. All 
 prisoners on the blacklist forfeit the privilege of writing, the use of books from the 
 library, and visits from friends and relatives while they remain on the blacklist. 
 For first and trivial offense, reprimand and caution; continued disobedience, fol- 
 lowed by being placed on blacklist; for further disobedience, remain in cell on Sun- 
 day and holidays, and receive only bread and water on those days; aggravated cases 
 of disobedience, handcuffed backwards to cell door for from one to six hours; for 
 fighting, cutting, or destroying State or contract property, from 2 to 20 paddles; 
 assaulting an officer, cutting or stabbing another inmate, attempting to escape, means 
 forfeiture of "good time "and the probability of standing indicted before the circuit 
 or criminal court for the offense. A punishment record is kept by the clerk. 
 
 Louisiana State Penitentiary. — The act of legislature prohibits harsh or cruel punish- 
 ments. The report (p. 13) says: "As to the reform inaugurated in the handling 
 and care of the prisoners, the death record is the best evidence. We at once struck 
 the shackles from every man employed at outdoor work. No prisoner is allowed, 
 under any circumstances, to work in chains or irons of any description, or to be 
 clogged or handcuffed in any way, either going to or coming from work. No sub- 
 officer or guard can strike a prisoner, unless in defense of his life; the captains alone 
 can administer punishment." 
 
 Texas State Penitentiary. — (Rules, Regulations, and By-Laws, Art. XIX. ) (1) Con- 
 finement in dark cell, not exceeding seven days at a time; (2) confinement in dark 
 cell or other cell in irons; (3) ball and chain, shackles, or spike on ankle; (4) 
 deprivation of privileges, in whole or in part; ( 5 ) forfeiture of commutation , in whole 
 or in part; (6) whipping, but only after a special order in writing is received from 
 the superintendent, assistant superintendent, or inspector, in each particular case, and 
 not to exceed 39 lashes. All punishments recorded. 
 
 Virginia State Penitentiary. — For violation of prison rules, lower and coarser diet; 
 the iron mask or gag; solitary confinement in a cell or dungeon; stripes. 
 
 Arkansas Penitentiary. — Punishments: Whipping with strap, but not on naked 
 flesh; dark cell; bread and water. 
 
 (8) Paroled and discharged prisoners. — Texas State Penitentiary. — " Good-time ' ' 
 law, but no conditional release or parole. On discharge a plain suit of clothing fur- 
 nished, $5 in money, and railroad transportation. 
 
 West Virginia State Penitentiary. — (Rules applying to State prisoners, United States 
 prisoners being under Federal rules. ) Commutation for good conduct is allowed on a 
 basis of five days for each month over one year. A suit of clothing is furnished (or 
 credited, if he buys his own) at discharge. Conditional pardons issued by governor, 
 usually on recommendation of the board of pardons. In such cases the condition is 
 made that if the person receiving the conditional pardon should thereafter be again 
 convicted of a felony in the State he may be returned to the penitentiary to serve 
 out the remainder of his unexpired sentence, in addition to the new sentence which 
 may be imposed upon him for his latest offense. Money for transportation furnished 
 at discharge. A guard takes the man to the train, buys his ticket, and gives him his 
 money. No reports are required of paroled men. No organized effort to receive 
 
MODERN PKI80K SYSTEMS. 195 
 
 employment for discharged prisoners. In all probability, it is said, the State will 
 have a prison aid association within another year. 
 
 Arizona Territorial Prison. — Numerous applications for parole. "Good-time" law 
 (deduct two months in each of the first two years; four months, in each of the next 
 two years, and five months in each remaining year of the term). 
 
 Louisiana State Penitentiary. — No parole; only "good-time" law. 
 
 BEFOBMATOBIES. 
 
 (1) Examination. — Pennsylvania Industrial Reformatory at Huntingdon. — (Biennial 
 reports. ) Receives young offenders, 15 to 25 years of age. The condition of all con- 
 victs is examined at admission and recorded, observations being made of physical, 
 mental, and moral traits, domestic history, industry, habits, civil condition. 
 
 Indiana Reformatory at Jeffersonville. — (Biennial reports.) No information as to 
 examination. 
 
 Illinois State Reformatory at Pontiac. — ^(Biennial reports.) This establishment 
 really consists of two departments — an intermediate prison and a reform school for 
 juvenile offenders — there being no other state reform school. Very careful records 
 are made of the facts relating to each prisoner, the court, the crime, the county, age, 
 birthplace, nationality, education, religion preferred, parents, occupation of parents, 
 color, mental condition, associations, industrial habits, education, occupation, use of 
 tobacco and liquors. 
 
 Elmira State Reformatory. — Yearbook, 1897, page 23, furnishes a typical illustra- 
 tion. The Biographical Eegister has a succinct summary of the close scanning of 
 every prisoner, always personally made by the general superintendent when they 
 are at first admitted to the reformatory. It is a record of diagnosis and summary of 
 the judgment then formed of the prisoner himself; his mind, his moral susceptibility, 
 and the rating of his animal organism, all with a view to his treatment for reforma- 
 tion. The plan or prescription made at the time, with notations afterwards of changes 
 and progress and results, is also included upon the pages of the record of each inmate. 
 It is true of these records, made at the time of the prisoner's admission to the reform- 
 atory, that they are, when studied in the light of the subsequent performance of 
 the prisoner, shown to be generally correct. 
 
 (2) Grades and marks. — Massachusetts Reformatory at West Concord. — Letter of 
 superintendent. Forms. Manual for the use of prisoners, 1901. In this manual 
 the inmates are taken into the confidence of the superintendent, and his reasons for 
 the rules of administration are given. Report of prison commissioners of-Massachu- 
 setts. Prisoners are classified in three grades, the first being the highest. All enter 
 second grade and advance by receiving 1,000 credits in seyen consecutive months. 
 A prisoner allowed for perfect conduct, industry (in labor), and diligence in study 
 5 credits each day, and a prisoner whose record is perfect for four consecutive 
 months is credited 150 additional credit marks. Distinctions in diet, clothes, and 
 privileges at discretion of superintendent. 
 
 Colorado Reformatory. — Three grades; prisoner enters second grade and is promoted 
 to first when he earns 1,000 credit marks. 
 
 Kansas State Industrial Reformatory at Hutchinson. — Rules governing inmates, 1900; 
 senate bill No. 195. Letter of J. S. Simmons, superintendent. Forms and papers. 
 There are three grades, all entering the second, with a system of marks and records. 
 
 New York Reformatory at Elmira. — ^Four grades; all enter lower first or intermediate 
 grade. Outward signs of grade: uniforms distinguished by color. Principles of 
 placing, promotion, and degradation. Promotions after six months in lower first 
 grade; further period in upper first grade; good conduct, progress in study and trade; 
 with conditional release on parole when employment is found. Degradation for bad 
 conduct and neglect, as shown in reports. The system is monetary. Men are cred- 
 ited for work, study, and good conduct, and debited according to a scale of reports 
 for misdemeanors. 
 
 Pennsylvania Industrial Reformatory. — There are four grades, distinguished by uni- 
 forms, and each prisoner enters the second grade on admission. 
 
 Indiana Reformatory. — There are three grades. For each day's perfect perform- 
 ance of duty men in the upper grade receive a credit of 55 cents per day; in the mid- 
 dle grade, 50 cents per day; in the lower grade, 45 cents per day. An additional 
 credit is earned for all work donein excess of the fixed task, and a deduction is made 
 for all unnecessary shortage. From his earnings a man is required to pay for what 
 he receives in the way of board and clothing. This system has educated the men in 
 keeping accounts, stimulated them to do their daily taeks, put them on their best 
 behavior, and prepared them for free life upon discharge. 
 
 Illinois Reformatory. — Grade system is in use. 
 
196 MODERN PRISON SYSTEMS. 
 
 (3 and 4) Education and relig^ion. — New York State Seformatory, Elmira. — An 
 elaborate system of education and training: (1) Physical culture; (2) manual train- 
 ing; (3) trade school; (4) school of letters, intellectual, moral, and religious 
 instruction. 
 
 Kansas Industrial Reformatory. — Institution occupations: Farming, building, work- 
 ing, cleaning, etc.; making clothing and shoes. When an inmate enters if he is 
 very short on education he is sent to school two sessions a day. If he has a fair 
 education he works all day and goes to school at night. If his education is only 
 medium he may be sent to school half of the day and work half of the day. 
 There are three sessions of the school — forenoon, afternoon, and evening. Inmates 
 have to reach a certain grade in the institution, being able to cipher fractions before 
 they are eligible to parole, except in cases of mental or physical defects. Religious 
 services each Sunday in the chapel, and about every other Sunday a lecture by some 
 educator, district judge, or other proper person. We observe the festival days by 
 extra fare and entertainments gotten up by the inmates. 
 
 Massachusetts State Reformatory. — There are about fifty teachers in letters and 
 industries. The schools are in session five nights each week for two hours. All are 
 required to attend school. Religious services are held on Sunday, both Protestant 
 and Catholic; also Sunday schools for both denominations. Entertainments are 
 held upon holidays; two evenings of the week literary meetings are held by the 
 prisoners themselves. A chaplain resides at the institution. There is a good library. 
 
 Colorado State Reformatory. — Has a school five days each week. Holds reUgious 
 services. The chaplain teaches the school, conducts services, talks with prisoners, 
 has charge of library. 
 
 Indiana State Reformatory — A chaplain conducts services on Sunday and deals with 
 the young men personally. He also acts as state agent, in charge of the parole sys- 
 tem, and thus keeps watch of the men during their conditional release. A school is 
 conducted by a graduate of the State University, a professional teacher. The great 
 majority of the inmates have had but small educational advantages; many are illit- 
 erate; the teacher also acts as librarian; a brass band, composed of inmates, is one 
 of the means of culture; a prison paper is printed by inmates and edited by the 
 oflBcers; the inmates are taught trades according to their capacities. 
 
 Pennsylvania Industrial Reformatory. — Every young man is required to go to school. 
 The schools are under the supervision of a moral instructor, or superintendent of 
 schools. The teachers employed are professional school teachers, and are permar 
 nently employed as officers of the institution. The sessions of the school are held 
 entirely in the evening from 5.50 to 8.10 o'clock. There is a library of 3,000 vol- 
 umes. There is a physical director who, under advice of the physician, seeks to 
 develop the body by systematic methods, including gymnastics, drill, bathing, etc. 
 The chaplain conducts services and ministers personally to the convicts. The 
 superintendent conducts a Bible class on Sunday. A Catholic priest visits prisoners 
 when requested to do so. A prison paper is printed for use of inmates. Manual 
 training and trade schools prepare the young men for earning a living when set free. 
 Holidays are observed and recreation and entertainments given. 
 
 Illinois Reformatory. — The rejjorts on the educational side are very suggestive. A 
 chaplain conducts religious services. Trained teachers are in charge of the literary 
 schools. Moral instruction by lecture and discussion find a large place. Trade 
 schools carry forward the technical preparation for honest life. A paper is published 
 for the benefit of inmates. A large library is furnished. Military drill is regarded 
 as a valuable part of the discipline. 
 
 (5) Rules. — Kansas Industrial Reformatory. — Rule books and blanks show rules 
 relating to persons, property, and order — ^rules for saluting and talking. Conduct 
 rules, rising, marching, in cell, in hall, lights, signals, labor, eating, chapel, sickness, 
 writing, etc. Offenses: There are three classes of offenses: third class or neglect 
 offenses, second class or delinquent offenses, and first class or misdemeanors. A list 
 of each is given. 
 
 Massachusetts Reformatory. — Examples of rules: When a prisoner wishes to speak to 
 an officer he will salute him by raismg his right hand to his forehead, then drop it 
 to his side, and remain in a respectful attitude while the conversation lasts. Pris- 
 oners must not converse with outsiders without permission, and must not gaze at 
 visitors. Prompt and respectful obedience to the officers is required; insolence to 
 officers and unruly and boisterous conduct are especially forbidden. Prisoners are 
 required to take good care of room and furniture and to labor in shops. Whoever 
 defaces books or exchanges them with others will be deprived of library privileges. 
 Conduct in room, rising, marching, labor, retiring, etc.. regulated by rules. The rea- 
 son for rules: "There must be rules and regulations herein order to secure and main- 
 tain that which is fair and for the best interests of each and every one. The plan of 
 the reformatory is to give everyone within it a chance, by good conduct and his own 
 
MODERN PRISON SYSTEMS. 197 
 
 efforts, to shorten his stay therein, to give proper schooling to those who need it, to 
 give trades to those who have none, and hy all available means to advance the mate- 
 rial, mental, and moral interests of each inmate. A reasonable amount of work will 
 be required to promote skill, health, and personal improvement. Facilities for study, 
 instruction, entertainment, and recreation will be given. If helps and privileges 
 are rightly used they will be increased. If they are abused they must be withheld." 
 The forms of reports show the nature of rules and definitions of offenses: 
 
 , 190 — . To the Deputy Superintendent; , Cons. No. , Eoom 
 
 No. , is reported for the offenses checked below: , officer. Ab- 
 sent from school; altering clothing; bed not proi)erly made; clothing not in proper 
 order; coat not buttoned; crookedness; destroying State property; dilatory; dirty 
 room or furnishings; disobedience of orders; disorderly room; disturbance in dining 
 room; disturbance in shop; disturbance in wing; eating before signal; fighting; gaping 
 about; gross carelessness; hair not combed; hands and face not clean; hands in 
 pockets; idleness in school; idleness in shop; inattentive in chapel; inattentive inline; 
 inattentive in school; inattentive in shop; injuring property; insolence to instructor; 
 insolence to officer; late at school; late at work; late entering room; late leaving room; 
 laughing and fooling; loud talk in room; lying; malicious mischief ; neglect of duty; 
 not at door for count; not wearing outside shirt; not wearing slippers in chapel; not 
 wearing slippers in school room; out of place; poor work; profanity; quarreling; 
 refusal to obey; refusal to work; shirking; smoking; spitting upon the floor; staring 
 at visitors; stealing; talking from room to room; talking in lecture room; talking in 
 school; talking in shop; talking in chapel; talking in dining room; talking in line; 
 talking in corridor; using tobacco; vile language; wasting food; wearing slippers in 
 yard. 
 
 Colorudo Reformaiory. — Report (p. 92) gives rules governing inmates. The nature 
 and purpose of the rules are stated. Grade rules, conduct rules, work, general 
 (saluting, marching, etc.), list of offenses, writing, visiting and library privileges, 
 parole and release. 
 
 Elmira State Reformatory. — Offenses within the prison against demeanor, labor or 
 study rules are graded and first class, second class, and third class reports. These 
 are named and described in detail. 
 
 (6) Rewards and privileges. — Masaachuaetis Reformatory. — No rewards or pay 
 for work given. No privileges except those which belong to the grades. 
 
 Elmira State Reformatory. — Hope is stimulated by promise for good conduct of pro- 
 motion in rank, table, and cell privileges, talking at table, hope of early release on 
 parole. 
 
 Kansas IndvMrial ReforTnatory. — No reward is made except in case of extraordinary 
 loyalty to the management, when an inmate may be paroled or advanced in his 
 grade. Grade uniform distinction for first rank. The management will extend to 
 the second grade such privileges and to the first grade such additional privileges as 
 is deemed best and profitable; in these the third grade shall not participate. Writ- 
 ing letters: First grade, each week; second grade, once in two weeks; third grade, 
 once a month. Receive visits once a month, if well behaved. 
 
 Indiana Reformaiory. — The privileges connected with the higher grades are constant 
 incentives to good conduct. 
 
 Illinois Reformatory. — The grade system and paroles give incentives for good conduct. 
 
 (7) Punishments, disciplinary. — Massachusetts Reformatory. — Reduction in grad- 
 ing. The deputy superintendent determines all punishments and all marking. 
 Inmates of the third grade are confined in cell blocks separated from the rest of the 
 prison and have separate workshops, only seeing the other prisoners when they go 
 into the chapel on Sundays. A few of the third grade men work in solitary confine- 
 ment. The disciplinary punishments are confinement in a light cell with regular 
 prison rations with work. If a prisoner refuses to work when he is in punishment he 
 is fed upon bread and water. No other punishments are practiced. A record is kept 
 of all punishments. 
 
 Kansas Industrial Reformaiory. — Reproof for minor offenses. The ordinary punish- 
 ments are the taking away of time, so many days; locking up in his own cell, with 
 diminution of food; dark cell with bread and water; cage. (Whipping never 
 administered. ) 
 
 Elmira State Reformatory. — The publications (Statutes of State, rules, regulations, 
 etc. ) do not mention any disciplinary means except these indicated in the system of 
 marking, grading, and parole. In the Handbook (1901, p. 16) cellular punishment is 
 mentioned. 
 
 Indiana Reformatory. — Fines and loss of grade are the chief punishments. 
 
 Illinois Reformatory. — Loss of rank and corporal punishment, cell and whipping, as 
 last resort. 
 
 Colorado Reformatory. — Loss of marks and grades. 
 
198 MODEBN PRISON SYSTEMS. 
 
 (8) Care of discliargecl prisoners. — Elmira State Beformatory. — The paroled man 
 is under supervision, liable to recall for misconduct, six months or more. Twelve 
 months of good conduct, progress in school and trade, money for travel, and a place 
 of employment are conditions of parole. Reports are required during probationary 
 parole. Recall for abuse of privilege or neglect. 
 
 Massachusetts Reformatory. — Prisoners are discharged upon expiration of sentence 
 or parole. The prison commissioners have the power to release a prisoner when it 
 appears he has reformed. He must have a position before release and is given money 
 for travel. The legislature appropriates $5,000 each year for aiding discharged prison- 
 ers from this institution. Prisoners released must report once a month. 
 
 Colorado Reformatory. — Law of 1899 (August 3) permits paroles for "good time." 
 In the reformatory there is a system of parole. 
 
 Indiana Reformaiory. — The chaplain, as State agent, seeks employment for men 
 out on parole and watches over their conduct. 
 
 Illinois Reformatory. — Most of the prisoners are discharged on parole. 
 
 Kansas Industrial Reformatory. — Discharge is by parole or expiration of maximum 
 term. Reports of paroled prisoners required once a month for twelve mouths. They 
 may be brought back for disobedience. The parole ofBcer travels over the State 
 and gives personal attention. Money for transportation furnished by friends, 
 employer (on account), or by the institution. 
 
 Pennsylvania Industrial Reformatory. — Prisoners may be released on parole after a 
 period of good conduct and high marks. The last report urges the importance of 
 state agent to secure employment. Employment is secured in advance of parole by 
 correspondence. The power to discharge conditionally rests with the board of man- 
 agers. Reports from parole men are required. 
 
 Women's Rbfokmatoey Prisons. 
 
 (1) Examination. — Sherborn Prison, Massachusetts. — The officers seek to know 
 rather the present purpose than the past history of the prisoners. They think that, 
 so far as possible, the past should not be recalled even in memory. 
 
 House of Refuge for Women, Hudson, N. Y. — (Report, 1899.) The causes of moral 
 defection must be inquired into in all cases before we can have a clear view of reme- 
 dies or results. Statistical tables show the facts obtained relating to heredity, educa- 
 tion, occupation, home life, religion, social condition, mental condition, moral sense, 
 skull, face. The physician's report gives the list of diseases treated. (Notb. — Ob- 
 serve the contrast in theory of examination between these two prisons. — 0. R. H. ) 
 
 (2) Grades and marks. — Reformatory Prison for Women, Sherborn, Mass. — (Annual 
 Report of the Massachusetts Prison Commissioners, 1901.) Rules for prisoners. 
 Three grades. Record card is given each woman. For each week of perfect conduct, 
 labor, and study, ten credit marks will be allowed. Misconduct or lack of industry 
 in work or study will cause a loss of credit marks. 
 
 House of Refuge for Women, Hudson, N. Y. — The girl is received at the prison and 
 placed in the second division, from which she may be promoted or reduced, accord- 
 ing to behavior. After three months in prison she is transferred to a cottage, where 
 the idea of family and home life is carried out as far as possible. In the cottages the 
 marks are both conditions of promotion and the ordinary means of discipline. 
 
 (3 and 4) Instruction and religious influences. — Reformatory Prison for Women 
 {Massachusetts). — Industrial training carefully developed; out-of-door work; farming; 
 a circulating picture library, a new feature; afternoon school and evening school; 
 temperance clubs formed to teach temperance. The chaplain supervises the school, 
 library, and religious work. School is in session five afternoons in the week, from 
 1 to 3 o'clock, for illiterates. In the evening school instruction is given in arithmetic, 
 spelhng, language, geography, history, and science. In winter a class in physical 
 culture. Chapel service every evening at 6 o'clock. On Sabbath, five services: Prot- 
 estant, Catholic, Sabbath school, Bible class, praise service. Wednesday evening, 
 hymns practiced. Addresses maxie occasionally by clergymen and others at chapel. 
 
 House of Refuge for Women, Hudson,N. Y. — The general teacher reports instruction 
 in deportment, morals, care of persons, reading, orthography, penmanship, arithme- 
 tic, geography, language, history, natural sciences, current topics, and civics. A 
 manual-training class was formed for the purpose of benefiting girls incapable of 
 advancement under the ordinary methods of mstruction. Music classes are conducted 
 by a special teacher on Monday, Wednesday, and Friday, with share in service on 
 Sunday. The disciplinary value is thought to be very good, since music arouses the 
 proper emotions and aids self-control. The women are taught dressmaking, cooking, 
 and laundry work. Daily prayers are held in each buildmg morning and evening. 
 
MODERN PRISON SYSTEMS. 199 
 
 Religious services are held in the chapel on Sunday afternoon, conducted hy visiting 
 clergymen or by the superintendent. Inmates may see a priest or clergyman 
 upon request. Various lectures and entertainments are provided for recreation and 
 instruction. 
 
 (5) Rules. — Seformatory Prison for Women, Massachusetts. — At the first bell in the 
 morning, or when called, they shall rise, wash, and dress themselves, open their 
 beds to air, and be ready when the second bell rings to go to breakfast. When 
 standing or walking in line they shall be orderly. In the dining rooms they shall 
 not engage in conversation, nor make unnecessary noises. Food or table utensils 
 must not be taken from the dining rooms. In the chapel they shall keep their faces 
 toward the desk, and refrain from all disturbances. They shall do whatever work is 
 given them, and in the manner indicated by the officers; while at work they must 
 be diligent and attentive, and must not look about, nor leave their place without 
 permission. They shall not communicate with each other. Each prisoner shall 
 bathe regularly, unless excused by the physician. They shall hang their clothing, 
 when not in use, on the hooks provided for that purpose. They must be neat and 
 tidy in all their habits and as quiet as possible when in their rooms. A prisoner who 
 is unable to go to work shall tell her matron when the cell door is unlocked in the 
 morning. They may take books from the library, but loaning books is forbidden. 
 They shall not send or receive anjr letter or article without permission of superin- 
 tendent. They shall wear the clothing given them, and shall not make alterations 
 in it without permission. They shall not put any food or any articles in the buckets 
 or water-closets. They must not destroy nor willfully injure any clothing, bedding, 
 furniture, book or picture; nor mark or deface the walls, nor waste or improperly 
 use the food. They shall not communicate with each other, either by talking, 
 writing, or motioning, without permission from an officer. They must not make dis- 
 turbing or disorderly noises, nor use offensive, angry, or profane language. 
 
 (6) B.ev7ards. — Reformatory Prison for Women,, Massachusetts. — For perfect conduct 
 permission to write one letter each month to persons approved by the superintend- 
 ent, and to receive a visit in each month from such friends as the superintendent 
 may approve. 
 
 (7) Punislmients. — Reformatory Prison for Women, Massachusetts. — A violation of 
 any of the rules or any misconduct may be punished by imprisonment in a solitary 
 cell or solitary workroom, or by the loss of privileges or marks. For the same 
 offense repeated the punishment will be doubled. A second punishment in the same 
 division will reduce a prisoner to the next lowest grade, and if the punishment is 
 dark solitary the prisoner will be reduced to the lowest grade. 
 
 House of Refuge for Women, Hudson, N. Y. — The modes of discipline are not harsh, 
 but offense is followed rapidly by punishment. Discipline is administered in the 
 same spirit a parent would exercise toward a rebellious child. First, entreaty, kind- 
 ness, and moral suasion, and force resorted to only as a final step. Deprivations and 
 rewards are better than harsher punishment. 
 
 (8) Care of discharg^ed prisoners. — Reformatory Prison for Women, Massachu- 
 setts. — The agent for aiding discharged female prisoners says: The constant aim is 
 never to lose sight of them, to remove them entirely from evil associations, to restore 
 them to their friends, to provide them with honorable employment, to offer sympathy 
 and encouragement. There is a temporary asylum for discharged female prisoners 
 at Oldham which has a legal right to a subsidy. 
 
 House of Refuge for Women, Hudson, N. Y. — Prisoners may be paroled, and for vio- 
 lation of the conditions of parole may be recalled. 
 
 JAILS AND WORKHOTJSES. 
 
 Local and District Prisons. 
 
 (1) Examinations. — When there is any degree of classification a brief examina- 
 tion may be made. The court records or the accounts of the officer who makes 
 arrests may be used for information. In case of disease a physician may be con- 
 sulted. The documents give little information. For pictures of the deplorable and 
 disgraceful condition of jails see reports of State Board of Charities, as, for example, 
 in Illinois. 
 
 (2) Grading and marking. — Jails. — Any approach to a system of marking, 
 even where sentences are served, can not be discovered from the reports sent. 
 
 United States Jail, Washington, D. C. — Records of conduct are kept. 
 
 (2) Grades and marks. — Workhouses. — Allegheny County Workhouse and Inebri- 
 ate Asylum, Claremont, Pa. — (Laws, By-laws, and Rules for the Government, 1888. 
 Report, 1901. ) No statement on the subject of grades. 
 
200 MODEKN PRISON SYSTEMS. 
 
 Newcastle County Workhouse, Greenbank, Del. — Only forms, no rules are sent. 
 Essex County Penitentiary, Caldwell, N. J. — (Proceedings of Board of Freeholders, 
 1901, p. 156, tt.) Statistics, but no rules. 
 
 (3) Instruction. — Jails. — Cook County Jail, Chicago. — Has a society, named from 
 the enterprising jailer, "The John L. Whitman "Moral Improvement Association;" 
 and this association issues a neat "Journal." A good library was obtained by gifts; 
 lectures and entertainments are provided; a day and a night school are conducted, 
 the teachers being inmates; a religious service, with voluntary attendance, is held 
 on Sundays. 
 
 House of Correction, Deer Island, Boston, Mass. — A library of 5,000 books. Calis- 
 thenic exercises, as practiced in the TJ. S. Army. At South Boston a school for 
 instruction of illiterates (13 per cent of population), with a professional teacher. 
 
 (4) Religion and personal influence. — Jails. — Reports of State Board of Char- 
 ity and Correction reveal utter lack of system and uniformity. Local prisons are 
 rarely provided with chaplains and teachers. Religious services and visits are pro- 
 vided, if at all, by voluntary effort. 
 
 Workhouses. — Allegheny, Pa., County Workhouse. — Chaplain required to hold serv- 
 ice on Sabbath, Bible class and gospel service in female department. He acts as 
 librarian; he visits prisoners; he teaches a school at night for the benefit of illiterate 
 prisoners at least twice each week from October 1 to April 1. 
 
 House of Correction, Boston, Mass. — At Deer Island the chaplain is also director of 
 music. Chaplains are engaged at both Deer Island and South Boston, and Catholics 
 are served by their own priests. , Regular services are held on Sundays. 
 
 (5) Rules. — Jails. — United States Jail, Washington, D. C. — Respectful conduct 
 required. 
 
 Workliouses. — Allegheny, Pa., County Workhouse. — The first duty of the prisoner 
 is obedience to the rules and regulations of the workhouse and the orders of the offi- 
 cers. He must at all times approach the officers of the workhouse in a most respect- 
 ful manner, be brief in his communications, must not speak to them on any ordinary 
 topic, or address them except when it becomes necessary in relation to his work or 
 wants. No prisoner shall speak to any person who does not belong to this institu- 
 tion, or receive from or deliver to anyone any letters, papers, or anything whatever, 
 or give to or receive from any officer of the workhouse anything whatever, without 
 permission of the superintendent or assistant superintendent. It is strictly against 
 the rules for him to stop work and gaze at visitors at any time. All prisoners are 
 forbidden to use any insulting, profane, or abusive language to any officer or stranger, 
 or to each other. To attract your officer's attention, raise your hand; do not call to 
 him or make any noise whatever. Any willful or unnecessary soiling or defacing of 
 any books or injury to tools, clothes, or any other thing belonging to or about the 
 workhouse will subject the offender to severe punishment. You are not permitted 
 to have any money, jewelry, or other valuables in your possession. Any prisoner 
 wasting bread in any way will be punished severely. The laws, etc., pages 40-41, 
 give the daily routine of the prison, ordering the rising, making beds, march to wash 
 room, breakfast in cells, march to shops, work, dinner, march (in lockstep) to cells, 
 lights out, conduct in case of fire, etc. This order is a rule, and violation is pim- 
 ishable. 
 
 Workhouse, Blackwells Island, N. Y. — Rules and regulations, 1898. The rules are 
 all for officers; none sent on for convicts; warden, deputy warden, hall keeper, 
 keepers, night guards, and matron are mentioned. 
 
 Houses of correction. Deer Island and South Boston, Mass. — Reports of penal institu- 
 tions department, Boston: The new rules adopted by the commissioner are assisting 
 the discipline in the institution very materially. A frequent complaint by the 
 inmates was that they were unaware that they had broken any rule until they were 
 to be punished. Every con\ict is provided with a copy of the rules, and they are 
 read aloud to the inmates on the first Sunday in every month at chapel services. 
 Thus no one can now claim ignorance of their requirements. (Report, 1897, p. 5.) 
 
 (6) Rewards (hope) — Jails. — United States Jail, Washington, D. C. — "Good time" 
 for good conduct; prisoners under sentence exceeding thirty days may write once a 
 week on business only by special permission, otherwise once a month; under thirty 
 days, need permission; prisoners under punishment can not write; prisoners on trial 
 may write once a day in relation to their case. 
 
 Workhouses. — Workhouse, Blackwells Island, N. Y. — Nothing stated in rules and 
 regulations. 
 
 Allegheny, Pa., County Workhouse. — "Good time" for a convict sentenced to more 
 than one year, three days per month. Any prisoner conducting himself properly 
 will be permitted to write to his friends or others once in a month, or see a friend 
 once in every month. 
 
MODEEN PEISON SYSTEMS. 201 
 
 (7) Disciplinary punishments (few) — Jails. — United States Jail, Washington! 
 D. C. — Eefusing permission to attend church; bread -and-water diet; cell or dungeon; 
 liandcufted to door; taking away "good time." 
 
 Workhouses. — Workhouse, JBlachweUs Island, N. Y. — Punishments only by order 
 of warden. Character not named. 
 
 Allegheny, Pa., County Workhouse. — Loss of "good time;" attempt to escape, term 
 majr be doubled. By act of legislature (p. 6 of Laws, By-Laws, etc. ) the following 
 punishments are permitted the superintendent: Close confinement, on a diet of bread 
 and water only. 
 
 (8) Care of discharg^ed prisoners — Jails. — United States Jail, Washington, D. C. — 
 Detention and short sentences; "good time;" no parole. 
 
 Workhouses. — Allegheny, Pa., County Workhouse. — "Good time," but no condi- 
 tional release or parole. 
 
 Houses of correction, Boston, Deer Island, and South Boston, Mass. — Agents assist 
 discharged convicts to secure employment, and financial aid is given when needed. 
 "Good time" allowed by statute for good conduct. 
 
 AEFOBM SCHOOLS. 
 
 (1) Examination. — It is evidently desirable for superintendents of reform schools 
 to nave more knowledge of the previous history of the new pupil than they now 
 secure from the court. A movement is already on foot to require courts to send with 
 the papers of consignment all the information which can be obtained from any source. 
 
 (2) Grrading^ and marks. — Indiana Reform School for Boys. — The merit system of 
 gradation. All new boys and returned boys are required to gain 5,000 merits before 
 receiving their parole or release badge. The boys enter with naught to their credit 
 and gain ten merits each day for perfect deportment. In 365 days he can gain his 
 release on parole. Every offense and every infraction of the rules that experience 
 has shown them the perverse ingenuity of the boys capable of committing has a cer- 
 tain definite demerit attached to it. A boy knows if he breaks any given rule or is 
 guilty of any given offense just what it will cost him in the way of demerit marks. 
 The superiority of the present system to the one displaced lies in the fact that the 
 offending boy has more precise knowledge of the consequences of his acts and is 
 stopped from anjr plea that some other boy is more favored than he is — a fruitful 
 source of complaint. The law relating to the Indiana Reform School for Boys is 
 given in the 35th annual report, 1901. General rules and regulations governing 
 employees. Eules regulating punishment; set of forms and statements. Letter of 
 superintendent. ■ No definite grades or classes; each boy has his own record under a 
 "merit system." Boys taken from 7 or 8 to 16 or 17 years; all are wards of institu- 
 tion to 21. They are all convicted of some offense, but penal sentence is suspended 
 and they are sent to school here. 
 
 South Dakota Reform School, Plankinglon. — For children under 18 to majority; no 
 document. 
 
 (3 and 4) Instruction and religion. — Indiana Reform School for Boys. — Trades 
 are taught and practiced. The schools follow the course laid down in the State 
 Manual, issued by the State superintendent of public instruction, and they are 
 * aught by competent teachers. Boys attend school one-half of each day and work 
 the other half. Music is taught. Manual training. The chaplain holds services on 
 '-unday and talks with the boys personally. 
 
 (5) Rules. — Indiana Reform School for Boys. — Demerit offenses (which imply 
 corresponding rules of conduct): Talk, ten demerits; disobedience, ten; disorder, 
 ten; vandalism, ten; laziness, ten; willful waste, 20; quarreling, 30; dormitory, 50: 
 shielding, 50; profanity, 50; fighting, 60; tobacco or money, 100; falsehood, 100 
 'heft, 100; obscurity, 100; disrespect and impudence, 100; insubordination, 200 
 planning escape, 500; escape, 1,000; secret vice, 1,000; planning bad report, 1,000 
 had report, 2,000. 
 
 a Chiefly for youth under 18 years of age. There is one objection to classifying reform schools with 
 penal establishments. It is claimed by many that they are rather departments of the school system 
 of the State. In any case they have generally developed pedagogic methods of dealing with refractory 
 persons, and in this respect ofler suggestions which are not found in many of the reports of prisons 
 and lefoimatoiiea. 
 
202 MODERN PEISOJSr SYSTEMS. 
 
 (6) Rewards. — Indiana Reform School for Boys. — The chief hope is early release; 
 no parole for merit. 
 
 (7) Punishments. — Indiana Reform School for Boys. — Warning, instruction, 
 reprimand, loss of merits (demerits). Offenses for which there is a demerit of 50 or 
 over shall in addition be subject to corporal punishment at the discretion of the 
 superintendent. Rules for use of strap are printed. Bread-and-water diet, not 
 more than six consecutive meals. 
 
 (8) Care of discharged prisoners. — Indiana Reform School for Boys. — No boy 
 is fully discharged until he attains the age of 21 years. Boys are released on 
 furlough or "ticket of leave" after gaining 5,000 merits. After due trial has been 
 given and the boy's course of conduct has been satisfactory, his "leave" is renewed; 
 if unsatisfactory, his furlough is withdrawn and he is again returned to the school. 
 A plea is made for a visiting agent; none yet employed. 
 
 MEXICO. 
 
 [Penal Establishnients: Establecimientos Penales del Distrito Federal. Decretos y Reglamentos. 
 Mexico, 1900, imprenta del Gobiemo, etc.] 
 
 ORGANIZATION AND ADKINISTBATION. 
 
 General Regulations op the Penal Establishments of the Federal District. 
 
 Preliminary title — ^Number and objects of the penal establishments of the 
 district. — Art. 1. In the Federal District there shall be the following penal estab- 
 lishments: (a) A prison of detention in each one of the capitals of the outside 
 municipalities, with the exception of Tlalpam; (6) a municipal prison in the city of 
 Tlalpam; (c) a city prison and a general prison in Mexico; (d) a penitentiary in the 
 same city; (e) a house of correction for minors, divided into two departments, one 
 devoted to correctional education and the other to reclusion for penal correction. 
 
 Art. 2. The prisons of the capitals of the outside municipalities will have for their 
 object: (a) The detention of individuals apprehended for any class of crimes in the 
 respective divisions during the conduct of the final steps of the instruction by the 
 authorities to whom it belongs in conformity with the law; (6) the detention and 
 preventive seizure of the individuals of whose suits the minor judges take cognizance, 
 and of the country of the respective divisions; (c) for the serving of penalties, major 
 and minor, imposed by the judicial and administrative authorities of the respective 
 divisions. 
 
 Art. 3. The municipal prison of Tlalpam is set apart for: (a) The detention of 
 individuals apprehended for any class of crimes during the progress of the first steps 
 of the instruction by the authorities to whom the law gives jurisdiction, always 
 [granting] that they reside in the city of Tlalpam; (6) the detention and preventive 
 seizure of culprits whose prosecutions belong to the judge of the first instance in 
 Tlalpam; (c) the serving of sentences, minor and major, imposed by the judicial or 
 administrative authorities of the city and municipality of Tlalpam. 
 
 Art. 4. The prison of the City of Mexico is set apart for those who undergo a sen- 
 tence of detention and minor arrest for misdemeanors in the jurisdiction of the 
 administrative authorities of the capital. 
 
 Art. 5. The general prison of Mexico is set apart for: (a) The detention of each 
 class of persons convicted for crimes not of a military character and whose prosecution 
 belongs to the authorities resident in the City of Mexico; (6) those who serve sen- 
 tences as convicts sentenced to minor or major arrest by the judicial authorities resi- 
 dent in the City of Mexico, and those sentenced to simple reclusion; (c) those who 
 serve their sentences to ordinary imprisonment who should not go to the peniten- 
 tiary, or who, though they should go there, can not be transferred immediately 
 because there is no disposable cell. 
 
 Art. 6. The penitentiary of Mexico is reserved exclusively for those who serve 
 sentences in it, the criminals who are designated as felons: (a) Those condemned to 
 extraordinary imprisonment; (6) recidivists condemned to ordinary imprisonment; 
 (c) those condemned to ordinary imprisonment for tbe time fixed by the regulations 
 of the penitentiary; [d) those condemned to imprisonment to whom applies the 
 retention made effective by articles 71-73 of the Penal Code; (e) those condemned 
 to imprisonment, who for their misconduct in the general prison are consigned to 
 the penitentiary by the warden of said prison, with the approbation or consent of 
 the governor of the district. 
 
MODERN PRISON SYSTEMS. 203 
 
 Akt. 7. The house of correction is devoted to: (1) Those who receive education 
 in the department of correctional education; (a) male minors of 14 years who, hav- 
 ing committed offenses without discernment, are subjected to that preventive meas- 
 ure comformably to the Penal Code; (b) male minors who are consigned as an 
 administrative measure by an ofllcer or at request of parents, tutors, or guardians of 
 the minors; (2) those in the department of penal correction who serve their sen- 
 tences as male minors condemned to punishment. In the department of correctional 
 education may be established a special section in which may be received, on the pay- 
 ment of a monthly sum, youth consigned at request of fathers, tutors, or guardians. 
 
 Art. 8. Thieves and others responsible for crinies provided for and penalized in 
 articles 376, 387, and 400 of the Penal Code, serve their sentences in the place desig- 
 nated by the executive and will give themselves to labor which he determines, 
 observing the dispositions of articles 83-91 of said Code. 
 
 Art. 9. Each municipality is under obligation to establish the prison of its division 
 and provide for all its expenses, comformably to the provision and the present regu- 
 lations and relevant orders. The municipality of Tlalpam will provide for the 
 expenses of the prison of that city at the cost of its funds. The force which guards 
 the prison shall be paid at the cost of the federation, in which shall also be assigned 
 a sum annually, to be determined, to be contributed to the expenses of food, in the 
 quality of a subvention. 
 
 Art. 10. The penitentiary, the prisons of Mexico, and the house of correction 
 will be subject to the secretary of Government, although in the immediate charge 
 of the government of the district. The outaide prisons will be under the respective 
 judges. The expenses of the penitentiary and of the general prison shall be consid- 
 ered in the budgets of the federation; the magistracy of Mexico contributing in the 
 ratio of six hundredths daily for each prisoner that it may have in the general prison. 
 The costs of the prison of the city shall be covered in their totality by the magistracy 
 of Mexico.. 
 
 Prison of the City of llexico. — Art. 392. The prison of the city shall depend 
 upon the secretary of the Government, and shall be immediately in charge of the 
 governor of the district. Its expenses shall be entirely covered by. the magistracy 
 of Mexico. 
 
 Art. 393. In the prison of the city shall be observed the provisions of Title I of 
 this regulation and others contained in the following articles: 
 
 Art. 394. The prison shall be divided into two departments, one of men and 
 another of women, and each one of them shall be divided into three sections, one 
 for the detained, another for the condemned, and another for the isolated, for the 
 prisoners who are placed in isolation for disciplinary punishment. 
 
 Art. 395. The regimen to which prisoners of this prison shall be subject shall be 
 that established in the present regulation in its Title II for the detained and for the 
 condemned on minor arrest found in the general prison. 
 
 Art. 396. Food for the prisoners shall be distributed by the general prison, which 
 shall be paid by the magistracy according to its strict cost price. The warden of the 
 city prison shall send daily to the administrator of the general prison, before 5 p. m., 
 a note stating how many rations will be needed the next day. In the same note he 
 shall certify the receipt of rations already distributed. These notes shall be collected 
 as vouchers on the liquidation presented to the magistracy for payment. 
 
 Art. 397. The employees of the city prison shall have the same duties and be sub- 
 ject to the same rules as those of the general prison in all that relates to their respective 
 charges, with such modifications as are made necessary by the difference of purpose 
 and organization of each prison. 
 
 Art. 398. The warden shall form a monthly budget of expenses of the prison for 
 the month following, and send it before the 20th day to the governor of the district, 
 that he may communicate it to the magistracy with his approval and his notifications, 
 that it mav be included in the budget of the municipality and ordered paid. For the 
 unforeseen and urgent expenses which occur during the month, the warden shall 
 address the governor of the district, and if this officer considers the proposition well 
 founded, he shall transmit it to the magistracy, to be ordered paid. The warden shall 
 be charged with paying the salaries, as well as the distribution and charge of the 
 expenses, and shall render his account to the administrators of the municipal taxes. 
 
 Art. 399. The corps of employees shall be as follows: 
 
 Monthly salary. 
 
 Warden $120 
 
 Deputy warden 100 
 
 Official archivist in charge of books 60 
 
 Two clerks, each 50 
 
 Two monitors, first class, each 50 
 
 Four monitors, second class, each 40 
 
 Three servants 25 
 
204 MODERN PBISON SYSTEMS. 
 
 Aet. 400. The nominationB shall be made by the governor of the district, who may 
 at any time remove the employees. Permission to be absent above three days shall 
 be aaked of the governor. 
 
 Aet. 401. When it is necessary to make some modification in the corps, whether 
 in respect to the number or to the salaries of employees, the governor of the district 
 shall direct to the magistracy of Mexico a recommendation of the change and increase 
 in the assignment of funds for the expenses of the prison. 
 
 Temporary orders. — Aetiole 1. This regulation shall be in effect on the day that 
 the penitentiary of Mexico is opened, and from that date all the rules relative to 
 penal establishments shall be abolished. 
 
 Aet. 2. The plans referred to in article 149 shall be formulated for the first time 
 and sent up to the governor of the district within two months after the promulgation 
 of this regulation. The work essential to be finished in the prisons for the fulfill- 
 ment of this regulation shall be submitted at the latest December 31 of the current 
 year. 
 
 Aet. 3. For the time the corps and salaries- of the employees of the general prison 
 shall be assigned on the proposal of the governor of the district, by the secretary of 
 the government, who shall decide which of the employees of the present municipal 
 prison of Mexico shall continue to serve, and he shall make the nominations neces- 
 sary to complete the corps which is decided on. 
 
 Aet. 4. Convicts who, in virtue of the order in the primitive text of article 77 of 
 the Penal Code, shall be assigned by judicial sentence to do certain work, shall be 
 sent to this work, not being subject to article 172 of this regulation. 
 
 Eegulations Common to all Penal Establishments op the Federal District. 
 
 Officials of the prisons." — Aet. 100. The penal establishments of the capital 
 dependent on the governor of the district shall have such employees as this regula- - 
 tion and those of the penitentiary and house of correction determine. The number 
 and wages of the employees of the establishments whose expenses are at cost of the 
 federation shall be annually determined by the superior of the council. Each one 
 of the bodies of the magistrates, with the approval of the governor of the district, 
 shall fix the place and income of the prison. 
 
 Aet. 101. The nomination of the wardens and the officers of the outside prisons 
 shall be made by the respective bodies of magistrates, with the previous consent of 
 the governor of the district in case of nomination of wardens. The nomination of 
 officers of the general prison and the prison of the City of Mexico shall be made as 
 determined by. Titles II and III of this regulation and of the penitentiary and house 
 of correction, within the limits of the corresponding regulations. 
 
 Art. 102. In the interior of the prisons the superior authority is that of the warden, 
 director or chief of the establishment; and consequently no order shall be carried 
 out if not communicated by him. 
 
 Aet. 103. The employees of . the prison, the chiefs and commanders of the guard 
 force, shall be under the orders of the warden or head of the establishment. 
 
 Aet. 104. The wardens are responsible for all the abuses or misdemeanors com- 
 mitted in the prisons, unless there is proof that they are done contrary to their 
 express orders and without blame or neglect on their part. 
 
 Aet. 105. The duties of the wardens or heads of the penal establishment are: 
 (1) To care for the security, morality, hygiene, cleanliness, and good order of the 
 prison; to give notice concerning abuses noted, to the governor of the district or 
 director of prisons, and to propose means which he considers proper; (2) to prevent 
 abuses andT repress disorder in the prisons, dictating in each case preventive and 
 repressive means as he judges to be suitable; (3) to visit the interior of the prison 
 at least once a day, for the purposes expressed in the preceding clauses; (4) to be 
 present at the prison during all office hours, and always at other times when neces- 
 sary; (5) to execute and see that the subalterns execute the regulations and law 
 relating to their duties; (6) to keep a detailed inventory of the furniture and other 
 articles in the prison and belonging to it; (7) to live in the prison, when his resi- 
 dence is there; (8) to deliver personally prisoners who are to be transferred to 
 another prison or to a hospital; (9) to care personally for articles taken from pris- 
 oners under article 60; (10) to be present at the distribution of food to the prisoners 
 (in the prisons of Mexico the warden majr entrust this distribution to a deputy 
 warden, who will always be responsible to him) ; (11) to provide for the collection 
 of statistical data; (12) to execute orders communicated to him from superior 
 authorities in due form. 
 
 a See under " Care of health," post, for duties of medical officers. 
 
MODERN PRISON SYSTEMS. 205 
 
 Art. 106. In case the warden or head of an establishment refuses to fulfill an order 
 of a competent authority he shall be deprived of ofiice and the authority to whom 
 the nomination belongs shall act. In case the disobedience constitutes a misde- 
 meanor he shall be liable to a judgment according to law. 
 
 Art. 107. The warden or chief of a penal establishment who, notwithstanding the 
 legal requirements, shall receive a present from any person or keep something longer 
 than permitted by the constitution without giving notice of the offense to the political 
 authority, if it is a judicial offense or other, the fault being his, shall be removed 
 immediately from his oflSce by the administrative authority, according to the terms 
 of the preceding article, and shall be liable to the penalties of article 981 of the Penal 
 Code. 
 
 Art. 108. On no account may wardens and other ofiicers use prisoners for personal 
 service, not even if they consent and receive pay for it. Nor shall a prisoner be 
 received to lodge in a house. 
 
 Art. 109. Wardens and other officers of ^enal establishments shall not take for their 
 own use or for their families any food destined for use of prisoners. 
 
 Art. 110. Violations of articles 108 and 109 shall be punished by way of discipline 
 with a fine of 10 to 25 per cent of the monthly wages of the transgressor. 
 
 Art. 111. The authorities under whose inspection and care the penal establishment 
 remain may suspend the wardens and other ofiicials in case of grave faults or urgent 
 necessity, dictate measures to prevent injury to the service, reporting to the proper 
 authority that the vacancy may be filled. 
 
 Art. 112. The wardens and heads of outside prisons shall annually draw up a plan 
 of regulations for the employees of the prison under their charge, specifying m detail 
 the duties of each and all that relates to economic service. These plans shall be sent 
 for his approbation to the governor of the District before December 1, and he shall 
 return them, with the changes which he thinks proper, before January 1, the date at 
 which they shall go. into operation. 
 
 Becords. — Art. 113. In each penal establishment shall be kept at least one book 
 or register in which shall be noted the admission of prisoners or detained persons, 
 besides that provided for in article 25 of these regulations. 
 
 Art. 114. For each prisoner or detained person shall be kept a record of: (a) The 
 paternal and maternal name of the prisoner, and his first name or nickname (aUas); 
 (6) nationality and place of birth, stating the district and State or nation; (c) his 
 civil status; (d) his office, profession, or usual occupation; (e) His exact or approxi- 
 mate age; (/) his religion; (g) his social class; {h) his race, if a Mexican; (i) his 
 grade of instruction, specifying whether he knows how to read, or if he can read and 
 write, if he has received complete primary or superior instruction; (j) the crime or 
 misdemeanor charged to him; (k) the day and hour of his entrance; {I) the authority 
 which sent him. 
 
 Art. 115. Only those individuals will be recorded in the book who are actually 
 received in the establishment as prisoners or detained persons. Those that have 
 been sent by the apprehending agents directly to the hospital or other place, as 
 prisoners, ought not to be inscribed in the meantime nor enter actually into the 
 establishment. 
 
 Art. 116. In making the record provided for in article 114 the greatest exactitude 
 and clearness shall be observed, following so far as possible the rules for the enter- 
 ing of data in the statistical record fixed by articles 120 and 126. 
 
 Art. 117. The pardon or liberty, the pass of a prisoner to a hospital or to another 
 prison, his escape or death, and any instructions relating to him dictated by author- 
 ities which modify his situation (formal writ of arrest, sentence, etc.) shall be noted 
 on the margin of the record. 
 
 Frisou statistics. — Art. 118. All the wardens and heads of penal establishments 
 shall remit to the governor of the district in the first three days of each month 
 detailed notices of admission and conditions in the establishment of his charge dur- 
 ing the previous month. Said notices shall contain: (o) Admission; (b) personal 
 characteristics of the person entering; (c) conditions. 
 
 Art. 119. The notice of admissions shall have as designation: "Name of the estab- 
 lishment ; number of admissions during the month of , 19 — , with 
 
 record of cause of admission," and shall contain three columns: Days of the week; 
 days of the month; theft, abuse of confidence, fraud and deceit, injuries, wounds, 
 homicide, infanticide, insults, defamations, slander, falsification of money, falsifica- 
 tion of documents, outrages against police, outrages of morals, rape, violation, abuse 
 of authority, intoxication, other police trespasses, and minor misdemeanors. J'here 
 shall be also a number Of columns thought necessary left blank for misdemeanors 
 and causes not specified, and in the last column shall be noted the total of daily 
 admissions, as also in the last horizontal line, and the total for each cause. In the 
 
206 MODEEN PRISON SYSTEMS. 
 
 forms for notices of outside municipal prisons shall be printed as causes of admission: 
 Theft, injuries, wounds, homicide, intoxication, and other police trespasses. 
 
 Art. 120. The notice of personal characteristics of persons admitted shall have 
 
 for designation: "Name of the establishment — ; number of individuals admitted 
 
 during month of , 19 — , with designation of their personal characteristics," 
 
 and shall contain the following columns: Days of the week; days of the month; sex, 
 age, distinguishing less than 9 years, between 9 and 14 years, from 14 to 18 years, 
 from 18 to 21 years, from 21 to 30 years, from 30 to 40 years, from 40 to 50 years, 
 from 50 to 60 years, and over 60 years: civil status, distinguishing bachelors, house- 
 holders, and widowers: nationality, distinguishing Mexicans of the Federal District, 
 Mexicans outside the Federal District, and aliens: office, profession or principal 
 occupation, including shoemakers, tailors, masons, butchers, carriers, laborers, 
 employees, carpenters, day laborers, without occupation, and columns left blank for 
 occupations not speoifled: grade of instruction, distinguishing can not read, can .read, 
 can read and write, complete primary education, superior education: social class, 
 distinguishing first class (individuals of good position, clothed in sack or frock coat) ; 
 second class (individuals of medium condition, who wear blouse or jacket, and pant- 
 aloons), and third class (individuals of inferior condition, who ordinarily wear a shirt 
 and breeches) : religion; distinguishing Catholics, Protestants, other religions, and 
 without religion: race of Mexicans; distinguishing indigenous, mixed, white, and 
 other races. In the last horizontal line of this notice is expressed the total of each 
 kind. 
 
 Akt. 121. The record of condition under the rubric of "Name of establishment 
 
 , number of inmates in the month of , 19 — , with record of entrance and 
 
 discharge," shall contain, with specification of sex, data of condition of detained 
 persons, and prisoners at commencement of month, the admission and daily dis- 
 charge, and the daily condition, distinguishing those detained at the disposition of 
 the political authority, those detained and on trial at the disposition of the judicial 
 authority, and those convicted, subdividing them into convicts 'for a lesser charge, 
 greater charge, ordinary imprisonment, extraordinary imprisonment, and penalty of 
 death. Here also shall be recorded the totals of admission, of discharge, and those 
 present. 
 
 Art. 122. The records relative to the house of correction shall be divided into two 
 parts, having reference one to the department of correctional education and the 
 other to the department of penal correction, and be subject to the following rules: 
 
 1. Record of the admissions and personal qualities of those admitted. Depart- 
 ment of correctional education, comprehending cause of admission, distinguishing 
 simple bad conduct and misdemeanors, with each recorded as it is; authority which 
 orders the admission, distinguishing judges and governors of the district, stating if 
 the recommendation was dictated by the office or at the solicitation of the fathers, 
 tutors, or guardians of the minors; age, distinguishing less than 9 years, 9 to 14 
 years, 14 to 18 years, 18 to 21 years; nationality; office, profession, or principal 
 occupation; grade of instruction; social class; religion and race, having the division 
 and classification relative to characteristics conformably to article 120. Department 
 of penal correction, comprehending cause of admission, with designation of misde- 
 meanor; age, distinguishing 9 to 14 years, 14 to 18 years; nationaUty; office, pro- 
 fession, or principal occupation; grade of instruction; social class; religion and race, 
 as provided in article 120. 
 
 2. Record of condition. This includes the condition at the beginning of the month, 
 admissions and discharges of the month and the state at the beginning of the next, 
 classifying those incarcerated in the department of correctional education with refer- 
 ence to the authority which committed them, and distinguishing, where the gover- 
 nor of the district is concerned, whether the decision was dictated from the office or 
 on petition of parents, tutors, or guardians, and those incarcerated in the department 
 of penal correction, those condemned for one year, for one to two years, for two to 
 five years, for five to ten years and more than ten years. 
 
 * * * * * # * 
 
 Art. 124. The keeping of records of the state of the population shall be the duty 
 of the wardens or heads of the establishment, or of subordinates under their orders. 
 
 Art. 125. The statistical data shall be made and attested at closing the prison, 
 and the employees charged with this duty shall not leave until the work is completed. 
 
 Art. 126. In making the record, the following shall be observed in addition to the 
 established rules: 
 
 1. The classification of the charges (misdemeanors and crimes) shall be made to 
 conform to the legal nomenclature of the Penal Code. * * * 
 
 2. The age shall be registered according to the declaration of the individuals; but 
 if they are manifestly ignorant of it, or declare an age certainly belied by their 
 appearance, the clerk shall follow his discretion in making the entry. 
 
MODERN PRISON SYSTEMS* 207 
 
 3. The classification by civil state shall record only the civil marriage, and not the 
 canonical or concubinage. Therefore, those not married civilly shall be recorded as 
 single. 
 
 4. The office, profession, or principal occupation shall be recorded according to 
 the principal means of subsistence, and only tnose who live by their labor shall be 
 recorded, and others stated to be without occupation. 
 
 5. Wherever no provision is made in this regulation, nor in theadvice and instruc- 
 tions of the governor of the district, the established rules shall be followed, that 
 there may be the greatest unity possible in the records. 
 
 Aet. 127. The governor of the district shall send to the penal establishments 
 forms printed for the record of the statistical data, and by means of orders and circu- 
 lars shall give necessary instructions, that the records may be made with uniformity 
 and correctness. * * * 
 
 Art. 128. The governor of the district may order that in addition to the data pro- 
 vided for by the regulation others shall be included in the registers. 
 
 Aet. 129. The governor of the district shall condense in general statistics all the 
 statistical records and publish annually the prison statistics. The publication shall 
 be on the 31st of March of the year following that comprised in the statistics. 
 
 Superior iuspectioix and examination of penal establishments. — Aet. 139. 
 The superior inspection and examination of penal establishments shall be made simul- 
 taneously: (a) In each establishment by the authority on which it depends or keeps 
 it in charge, accordingto article 10; (6) theoutsideprisonsbytheprefectsof the cor- 
 responding district; (c) all penal establishments by the governor of the district. The 
 authorities mentioned shall exercise their inspection and examination in conformity 
 with their own rules, yet in every case, except where the powers of one exclude 
 those of the others, the orders dictated by a superior authority shall be sustained and 
 respected by all inferior authorities. When two or more authorities take cognizance 
 of a case the superior in the hierarchy shall decide. 
 
 Aet. 140. In all economic matters the penal establishments shall be subject to the 
 authorities on which they depend or that have control of them according to article 
 10, the powers of the inspecting authorities being limited to care for the execution 
 of the laws and rules and to preventing and correcting the abuses, and to exercising 
 the powers which this regulation expressly concedes. 
 
 Aet. 141. The governor of the district and the prefects in each case may visit the 
 penal establishments any day or hour to consider the conditions, to inspect the books 
 and records, and make such investigations as they deem necessary; to talk any day 
 and hour with the prisoners who are under a rule of silence by judicial order, to hear 
 their complaints and dictate the request and necessary means for correcting abuses 
 which they find; suspending and discharging employees where this is in his judg- 
 ment indispensable, and dicteting all kinds of means for the security of the establish- 
 ment. When he notices any infraction of the regulation or the special rules of any 
 establishment in any of the municipal prisons he snail inform the proper magistracy, 
 and require the most speedy possible correction of the evil. 
 
 Aet 142. The governor of the district may exercise his power by visiting the penal 
 establishments, making investigations, talking with prisoners, and by means of 
 special commissioners, but these shall limit themselves to giving the results of their 
 inquiry without dictating of themselves any orders. 
 
 Art. 143. The powers of inspection and examination belonging to the magistracies 
 shall ^e exercised by their respective directors of prisons, unless some contrary 
 order is issued. 
 
 Aet. 144. The board of supervision of prisons shall exercise the functions assigned 
 to it by this regulation, and subject to its provisions. 
 
 Art. 145. The judicial authorities shall limit themselves in their visits to prisons 
 to correcting abuses which they observe touching the prompt and complete adminis- 
 tration of justice. In relation to discipline and interior direction, they shall com- 
 municate their observations to the authority over the prison, which shall dictate 
 measures. 
 
 General rules. — Art. 149. In each penal establishment shall be made a plan, or 
 at least a sketch, which the warden or head shall keep in his possession, and in 
 which the arrangement of the edifice shall be indicated, with a statement of the 
 purpose of each part. This distribution should be made for the governor of the dis- 
 trict and for the proper magistrates, to whom the establishment is responsible, on 
 the order of the warden or head. No change shall be made unless previously approved 
 according to this article, and the act of changing without order shall be punished by 
 a fine equal to the half of a month's salary of the warden or head. 
 
 Aet. 150. The governor of the district shall always keep a collection of the last 
 plans and sketches offered for the penal establishments, and when a magistracy baa 
 approved an arrangement they shall remit a copy to the governor. 
 
208 MODERN PEI80N SYSTEMS. 
 
 Akt. 151. In all penal establishments shall be kept a book in which shall be copied 
 all orders for the service, complementary to this regulation. * * * 
 
 Akt. 152. When a director of pensions, a magistrate, or a governor of a district, 
 shall approve a measure for a warden or head of an. establishment, the proposal as 
 well as the appeal shall be certified in writing. In respect to the measures offered 
 by the directors, the approval as well aa the marginal order should be placed, 
 properly signed, in the office of the proposer. The offices of approval shall keep 
 them carefully in special bundles for this object, that they may serve for the protec- 
 tion of the warden or head of the establishment, and he shall keep a copy in a book, 
 as ordered in the previous article. 
 
 Art. 153. No one shall obey verbal orders. The wardens and heads shall require 
 in every case communications in writing. Yet in cases of urgency, telephonic orders 
 may be sent, but the same day they must be confirmed in writing. 
 
 Art. 154. When a death occurs the heads of the penal establishments shall act 
 according to article 134 of the Civil Code. 
 
 General prison — Preliminary directions. — Art. 158. The general prison shall 
 be established in the edifice of Belem; shall be under the secretary of the Govern- 
 ment and in immediate charge of the governor of the district. 
 
 Art. 159. This prison shall be divided into two departments, one for men and one 
 for women. 
 
 Department of men. — Art. 160. The general department of men shall be sub- 
 divided into the following sections: (1) Those sentenced; (2) adults on trial; (3) 
 youths; (4) under arrest; (5) isolated; (6) political prisoners, when no other building 
 is assigned to them. 
 
 Art. 161. To the sections enumerated in the previous article shall be assigned: (a) 
 To that for the sentenced, criminals condemned to iraprisojiment or seclusion; (6) to 
 that for adults on trial, those over 18 years of age who have formally been declared 
 prisoners; (c) to that for youth, persons under 18 years, whether detained or on 
 trial; (d) to that for the detained, all individuals who enter and are not to pass to 
 another department and meantime are not declared formally to be prisoners; («) to 
 that for the isolated, those prisoners who are to be kept entirely or partially from 
 communication; (/) to that for political prisoners, all those who have been detained, 
 held for trial; or sentenced exclusively for political offenses, even if under 18 years, 
 during the time of isolation to remain without intercourse and then remain in the 
 department for the isolated. 
 
 Art. 162. Only those shall go to the section for the sentenced who are confined for 
 an irrevocable sentence — that is, a sentence from which the law provides no appeal. 
 An appeal for mercy shall not suspend the transfer of a convict to this section unless 
 there has been an order for suspension of the act appealed. 
 
 Art. 163. Prisoners both under trial and sentence shall be placed in the section for 
 sentenced convicts. 
 
 Art. 164. Pederasts, of whatever age, and whether detained under trial or sen- 
 tenced, shall remain in each case subject to the rule of partial isolation, and for this 
 purpose shall be consigned to the section of the separated. 
 
 Art. 165. Convicts condemned to death or sentence of execution shall be assigned 
 to the section of the isolated until the execution is ordered or a decision is made upon 
 the appeal for pardon or grace, if there is intervention. 
 
 Art. 166. The designation of the section to which the prisoner shall be assigned 
 shall be in the power of the warden,- and may be revised by the governor of the dis- 
 trict on the petition of the prisoner or of an oflicer. 
 
 Art. 167. To assign or retain a prisoner in a section which is not proper will be 
 treated as a grave offense, unless special circumstances explain the error. 
 
 Section of the sentenced. — Art. 168. The section for those sentenced shall be in 
 two subdivisions — one for those condemned to major or minor arrest, and the other 
 condemned to prison. 
 
 Art. 169. From all prisoners in the section for the condemned shall be taken their 
 hats, and to each shall be given a cap, marked with a number. Those condemned to 
 prison shall use a red cap, those condemned to arrest a blue cap. 
 
 Art. 170. The warden shall collect and deposit the hats of the condemned, mark- 
 ing them with a number corresponding to that of the convicts, that they may be 
 properly returned at discharge. 
 
 Art. 171. An extract of articles 71, 72, 74, 75, 80, 85, 86, 88, 89, 90, 99, 100, and 
 287 of the Penal Code shall be hung up in the place of common resort or distributed 
 on separate leaves to the convicts. 
 
 General service of the employees. — (Articles 824-378 in the general prison.) — 
 Art. 324. The corps of employees of the general prison shall be as follows: (1) The 
 warden; (2) deputy warden; (3) monitors; (4) administrator; (5) bookkeeper; (6) 
 
MODERN PRISON SYSTEMS. 209 
 
 assistant; (7) archivist; (8) clerks; (9) physicians, of whom one shall be director 
 of the medical service; (10) internes; (11) apothecary; (12) teacher of men and 
 teacher of women; (13) barber; (14) servants. The salaries of these employees as 
 well as their number may vary. They shall be annually fixed by the estimate of the 
 budget. 
 
 Art. 325. All employees shall be named by the secretary of the Government on 
 nomination of the governor of the district. The warden, in his turn, proposes per- 
 sons whom he considers suitable, when monitors and clerks are in question, and the 
 director of the medical service nominates physicians, internes, and apothecary. 
 Excepted from this article are the barber and servants, whom the warden appointe, 
 with approval of the governor. 
 
 Art. 326. The secretary of the Government may at any time remove the warden 
 and the other employees of the prison. The warden may discharge the barber and 
 laborers when ho thinks best. 
 
 Art. 327. The governor of the district and the warden, in case of grave faults, may 
 suspend at once any of the employes, immediately giving an account to the secretary 
 of the Government. * * * 
 
 Art. 328. The warden may concede permission to the employees not to be present 
 in the prison for three days, if they have suiHcient reason; but in no case may 
 permission be conceded to the same employee to be absent for more than three days 
 in one month. 
 
 Art. 329. The governor of the district may grant permission to the warden and 
 other employees of the prison to be away from duty fifteen days; but no one may 
 authorize an employee to be absent more than fifteen days in one semester. 
 
 Art. 330. To secure a license for a greater time than that designated in the pre- 
 vious article, a written request goes to the secretary of the Government, first apply- 
 ing to the warden or medical director, according to the case, to be from one of them 
 forwarded to the governor of the district. At the application a substitute shall at 
 once be proposed. The concession of permits shall be subjects to the proper laws. 
 
 Art. 331. Every employee in leaving his post shall finally deUver an inventory to 
 his substitute of all valuable objects in his charge, as well as of the prisoners under 
 his custody. This delivery shall be b v the medium of the warden or deputy warden, 
 or by the warden himself, for the person designated by the governor of the district. 
 
 Art. 332. The employee who, without securing a permit or having resigned, or 
 before the substitute is present and before he makes the delivery required in the pre- 
 vious article, abandons his post and charge shall be arrested as responsible for the 
 misdemeanor of abandoning his employment, and the warden shall give notice of the 
 fact to the governor of the district. 
 
 Art. 333. When an employee is granted a permit to be absent for a time not 
 exceeding fifteen days a substitute shall not be named, unless the secretary of the 
 Government considers it indispensible for the good of the service, the following gen- 
 eral rules being observed: 
 
 (1) The warden and deputy warden shall supply each the other's place; (2) the 
 monitors and clerks may take turns at discharging the duties of those who are absent; 
 (3) the administrator and accountant shall supply each other's places; (4) the archiv- 
 ist's place is taken by one of the clerks detailed for the archives; (5) the physicians 
 take each others' places, as also the internes, and one of the latter is substitute for 
 the apothecary; (6) the woman teacher of women shall be supplied by one of the 
 assistants of the school, and the teacher of men by a monitor. 
 
 Art. 334. The employees who, beii;ig proceeded against for acts relating to the dis- 
 charge of their duties, have been confined in prison shall receive half their custom- 
 ary salary during the time of their detention, and if they are absolved they shall 
 receive all that belongs to them. If they have been condemned to any corporal 
 punishment, for this alone they shall be removed from their employment, but after 
 repetition they may not obtain employment in any other prison. 
 
 Art. 335. The warden shall keep a book which shall be called "The Pages of 
 Service of Employees," in "which, setting apart a page for each employee, he shall 
 note the date of his nomination, his task, his promotions, the permits he requests, 
 with a remark on those conceded, and in general all that throws light on his conduct 
 and abilities, terminating with his removal and the cause of it. 
 
 Art. 336. All employees are held to fulfill the duties assigned to them in the pre- 
 ceding chapters of this regulation, and further to fulfill the duties imposed by the 
 following articles: 
 
 Art. 337. Tha warden shall indicate daily in an order of the day the distribution 
 of the service and watch over the monitors and clerks, as well as the orders and 
 decisions they have to execute. Especially must he direct the monitors who cover 
 the night watch and the clerks who are to keep guard in the middle of the day. 
 
 H. Doc. 452 14 
 
210 MODEfiN PRISON SYSTEMS 
 
 The disciplinary penalties imposed on the employees he shall likewise place on the 
 order of the day, and all actions which the warden considers proper to make known. 
 
 Akt. 338. The order of the day shall be made known late in the evening, and for 
 this purpose shall be placed in sight in the warden's office. 
 
 Art. 339. The warden shall render to the governor of the district each day, before 
 10 a. m., a report in which, in relation to the preceding day, he shall give specific 
 details of the number, the admissions and exits of prisoners, and in which he shall 
 mention the decisions and orders which he has dictated in relation to the service, 
 the offenses committed by the employees, and, in general, all the new occurrences in 
 the prison. The form of "this report shall be fixed by the governor of the district. 
 
 "Warden and deputy warden.— Art. 340. There shall be kept in the warden's 
 office a copying book, in which shall be copied the reports referred to in the previous 
 article, and, in general, all the official communications sent by the warden. 
 
 Art. 341. It belongs to the warden, as superior and head of the prison, to dictate, 
 in respect to the economic and internal order, all means which will promote security 
 and order in all things not provided for in this regulation, in supplementary decisions 
 dictated by the governor of the district, nor in other rules. 
 
 Art. 842. The warden shall remain constantly in the prison and not go away except 
 for grave cause and urgent reasons, for the service, or by the order of the governor of 
 the district or judge, or by permission of the governor. 
 
 Art. 343. The deputy warden shall be the second head of the prison, shall assist 
 the warden and perform all the duties and labors delegated to him. The deputy 
 warden shall take the place of the warden in his absence if he gives him permission 
 to perform his tasks on account of suspending his work, or when he is ill or for other 
 causes is away, until a new warden is named. 
 
 Monitors (guards). — Art. 344. The monitors shall have charge of the security 
 and good order of the prison. The warden, in making distribution of work among 
 them, shall assign them to each one of the departments or sections and for the services 
 of greatest importance. The general entrance of the prison, as well as those of the 
 sections for convicts and detained and department of women, shall be watched care- 
 fully by the monitors. There shall be monitors who are to watch the flat roofs, the 
 rooms for interviews, and other places which in the judgment of the warden should 
 be the object of special care. 
 
 Art. 345. There shall be monitors of the first, second, and third classes. To be a 
 monitor of the first class it is necessary to havedischarged the duties of the second 
 class at least for six months; so, also, to be named to this class it is necessary to have 
 been a monitor of the third class for an equal time. The usual important and deli- 
 cate services shall be assigned to monitors of the first class and those of less impor- 
 tance to the third class, the warden in each case determining the class of the monitors 
 that should be intrusted with the service. 
 
 Art. 846. The monitor shall take his meals in the prison, and may not go away 
 from the post which has been committed to him unless previously relieved, when he 
 may retire from the post for a time strictly necessary, taking the keys of the departs 
 ment which belongs in his charge and leaving it secure. 
 
 Art. 347. The monitors shall remain in the prison from 6 in the morning till 7 at 
 night. They shall give immediate reports to the warden or deputy warden of any 
 abuses and offenses noted and bring them to attention, and at retiring shall give 
 reports in writing of any new occurrences in the service. 
 
 Art. 348. The teachers of the schools shall be considered monitors, and, in addi- 
 tion to their general obligations, shall be under those which correspond to their 
 offices as instructors of prisoners. 
 
 Art. 349. The monitor of the isolated prisoners, in addition to his general duties, 
 shall have the following: (a) To hold in his keeping the keys of tlie cells; (6) to 
 give out food to the isolated men; (c) to see that they do not communicate with each 
 other or with persons outside, save as permitted by this regulation; (d) to require a 
 written order from the proper authority, or from the warden, without which he 
 shall not obey any order to place a prisoner in seclusion or to return him to his 
 department; (e) to record in a book all orders received, as also the exit of prisoners 
 from his charge. In the same book there shall be made on Monday of each week a 
 general list of all prisoners found in the department, specifymg the'date of entrance 
 and the authority which ordered the measure. 
 
 Art. 350. The monitors charged with watching the general entrance to the prison, 
 the sections of those under sentence, on trial, and the women's department, shal 
 have the following duties, in addition to their general tasks: (a) To note in a book 
 kept for the purpose the entrance and exit of each prisoner. When a prisoner hav- 
 ing gone out of a department or section returns to enter on the same day, the notice 
 of his entrance shall be made on the margin with that of his exit. (6) Not to per- 
 
MODERN PKISON SYSTEMS. 211 
 
 mit any prisoner to go out without written order of the warden; or if it is a question 
 of going out to the gratings of the tribunals or to the interviews with the advocates, 
 without order of the judge, or his secretary, or without a card signed by the coun- 
 sellor. During the visits of the authorities to the prison those prisoners will be per- 
 mitted to go out whose presence is required by a previous order of the authority who 
 makes the visit. 
 
 Abt. 351. All monitors to whose care a department or section is entrusted must 
 note in a book kept for the purpose the names of all prisoners under their custody. 
 On Monday of each week there shall be written in this book a list of the prisoners 
 present. 
 
 Aet. 352. AH the monitors in turn shall keep watch at night, and for this purpose 
 shall be divided into groups, and such members as the warden thinks necessary for 
 night duty, under the orders of the warden or deputy warden, who also shall alter- 
 nate in this duty. The monitors on night guard shall retire at 7 a. m. and not return 
 until 6 a. m. of the day following. 
 
 Art. 353. All the monitors shall use a club, and also those which the governor of 
 the district orders shall be armed with pistols provided by the prison. 
 
 Art. 354. The monitors and other employees are responsible for all offenses com- 
 mitted in their department or section, unless they give notice promptly or use means 
 necessary to prevent them. 
 
 Art. 355. The offenses of the employees of the prison shall be punished by the 
 governor of the district, by fine and suspension of the employee, according to the 
 gravity of the case; and if there is any misdemeanor the person shall be sent to the 
 proper authority. 
 
 Art. 356. On Sundays and national holidays the warden shall determine how many 
 monitors will be on guard. This service shall be performed in turn, and among 
 those who have day duty shall be taken, also in turn, those necessary for the night 
 watch. 
 
 Administratioii. — ^Art. 357. The administrator shall have charge of the employ- 
 ment, guarding, distribution, and in general all that relates to the funds and property 
 of the prison, and consequently it belongs to him to attend to all which relates to 
 the following branches: 
 
 (1) Food of the prisoners; (2) work of the prisoners and shops; (3) furniture, 
 utensils, fixtures, and articles for the service of the prison or of the employees or 
 prisoners, if the use is for the prison; (4) disbursements of the prison; (5) payment 
 of wages of employees; (6) repairing buildings and construction of new departments. 
 
 Art. 358. The purchase of materials and whatever is necessary shall be made by 
 the administrator, on approval of the governor of the district, in the following 
 cases: (a) Contracts for supply of meat; (6) purchase of rice, beans, com, flour, 
 grain, and other articles of food; (c) purchase of materials for building, furniture, 
 books, writing materials, or any others, provided that the amounts do not exceed 
 f 100, or the articles in one month do not exceed that guantity. 
 
 Art. 359. The approval of the governor of the district may rest on the basis of a 
 contract negotiated by the administrator or consist in an authorization for him to go 
 forward on a certain fixed basis of time, price, form of payment, etc. 
 
 Art. 360. No contract shall be ratified in virtue of which an obligation will be 
 contracted for another fiscal year, or to be fulfilled in a year different from that in 
 which the contract is made. 
 
 Art. 361. The determination of the wages to be paid to the prisioners who labor 
 on j)rison account, or the prices for articles made by them, shall be made by the 
 administrator in agreement with the warden, whose approval shall be made known 
 in writing. 
 
 Art. 362. The administrator shall not approve any payment not previously offered 
 by the governor of the district, and therefore he shall send on the 25th day of each 
 month to the governor of the district a budget of payments which must be made the 
 next month. The governor shall send back the proposal with his approbation and 
 modifications at latest on the last day of the month. For the payments made in the 
 course of the month and not included in the budget a special approval of the 
 governor must be procured. 
 
 Ajkt. 363. When it is a question of payment for articles received, the payments 
 shall not be certified unless the proper invoice or receipts signed by the employees 
 has been received. 
 
 Art. 364. The administrator shall not make any loans to the employees or servants 
 of the prison, nor any advances on their accounts of credit. 
 
 Art. 365. The effects or articles destined for the use of the prison or prisoners shall 
 not be received by the administrator without a written order of the warden and a 
 
212 MODERN PRISON SYSTEMS. 
 
 receipt signed by the warden or by the employees indicated in the order. The 
 administrator shall be responsible for every reception verified without requisitions, 
 and he shall be required to replace the articles. 
 
 Art. 366. The administrator shall keep safe receptacles for all the articles of value 
 or moneys for goods which come to the chest of the prison, or he shall be pecuniarily 
 responsible for negligence if anything is lost. 
 
 Aet. 367. The administrator shall keep the accounts by double entry. He shall 
 have as many assistants as necessary, in all cases keeping account of the convicts who 
 work, record the quantity they deliver as a product of their work for a reserve fund 
 or for the payment of their civil obligations. He shall keep a special account of each 
 shop and of the food in the form that is necessary to determine with all exactness 
 the results of each workshop and the average cost of the rations. 
 
 Art. 368. The proceeds of the work of prisoners shall enter into the municipal 
 treasury of Mexico for safe-keeping. In making the deposit the administrator shall 
 state precisely how much belongs to the reserve fund of the convicts, how much to 
 the civil obligations, and how much to improvement of prisons. 
 
 Art. 369. Monthly there shall be a balance of the general books of accounts and 
 all the auxiliary books. The balances shall be remitted to the governor of the dis- 
 trict in the first eight days of the following month. With the balances shall also be 
 remitted to the governor of the district a summary or general statement of the oper- 
 ations of the administration in the month, giving all the data necessary for an exact 
 idea of its course, and especially the following: Value of the articles made by the 
 prisoners; amount of wage payments, of materials bought and consumed, and the 
 sales of manufactures; quantity and value of each one of the articles consumed for 
 food; cost of each ration of the diet; amount of salaries paid and expenses defrayed; 
 and cost of expense per prisoner per month. The form and date of this statement 
 shall be approved by the governor of the district. 
 
 Art. 370. In addition to what is provided in this regulation the administrator shall 
 submit all that relates to the distribution of funds, approval of payments, care of the 
 funds and rendering of accounts, the regulations in effect for the public employees 
 who manage the federal funds, and the orders received from the secretary of affaift 
 (Hacienda) or from the general treasury of the federation. 
 
 Art. 371. The administrator shall be aided in the labors of the administration by 
 the bookkeepers and clerEs as far as necessarjf. For the service of the cellars, 
 kitchens, and workshops he shall have under his orders persons necessary, whose 
 number and remuneration shall be fixed by the governor of the district on sugges- 
 tion of the administrator. 
 
 Art. 872. The administrator, as head of all the administrative service, shall be 
 charged with dictating all the measures necessary for the security and good manage- 
 ment of the funds and valuables of the prison, distributing and regulating the labors 
 as is most convenient. When it is necessary, because his measures may affect other 
 services, he shall consult the warden, who shall be informed of the affairs of admin- 
 istration, and for whose use all necessary documents shall be provided, which are 
 sent to the governor of the district, as well as all the advice that he thinks necessary. 
 
 Art. 373. In the administration of food the warden shall daily send to the admin- 
 istrator a ticket which shall designate the number of rations necessary for the fol- 
 lowing day, in view of the present population and the probable admissions and dis- 
 charges. To avoid having more rations than is necessary the warden should make a 
 list of the prisoners on trial who do not receive rations from the prison and deduct 
 from his requisition this number of rations. 
 
 Art. 374. The administrator and the bookkeeper shall be careful to conform their 
 management to the regulations of the matter. 
 
 Clerks. — Art. 375. The clerks shall be assigned to the different offices of the 
 prison according to the necessities of the service. Those assigned to the archives, to 
 the administration, and to the anthropometical cabinet shall be subject to the orders 
 of the respective heads and give themselves to the corresponding labors. 
 
 Art. 376. The clerks assigned to the office of the warden shall keep in books lists 
 of entrance and departures of prisoners, declarations of formal imprisonment, sen- 
 tences and other decisions which have been communicated to the warden, and 
 attend to the other labors of writing and correspondence in the office. They shall 
 come at 8 a. m. and go away at 7 p. m., although the warden may permit them to 
 go earlier if there is no further work to be done. For dinner they may go out from 
 1 to 3 p. m., but during this time each one in his turn shall keep guard. 
 
 Art. 377. The assignments of the clerk shall be made by the warden, with a hear- 
 ing of the heads to whose service each assignment is made, and modifications in the 
 same way may be made at any time. When there is a new task in any branch 
 of the service, and the warden shall order clerks in another branch to assist, if it 
 
MODEEH PKISON SYSTEMS. 213 
 
 can be without injury to the work which belongs to them, and within the hours iixed 
 by the warden, they shall aid in the office when there is extra work; the work regu- 
 larly assigned shall have the preference, but not exclusively. 
 
 Servants. — Art. 378. Of the servants of the prison one shall be appointed to be 
 doorkeeper of the warden's office and the other as guard. All servants shall be 
 under the orders of the warden and discharge their duties according to rules made 
 by him. 
 
 Head and assistants. — Art. 207. In each hall a prisoner of good conduct shall 
 be selected, under the title cabo, who shall perform the duties of head of the hall 
 and be charged with the task of maintaining order and discipline. When in the same 
 hall there are more than 20 convicts, there shall be 1 assistant for each 20 or portion 
 of 20 over 10. The assistants shall follow the orders of the head. 
 
 Art. 208. In the schools assistants shall be chosen; 1 for each 20 or group of over 
 10 persons. These assistants shall be under the order of the instructor and shall help 
 keep order and instruct the convicts. 
 
 Art. 209. The head and assistants shall be named by the warden, on suggestion of 
 the monitor and with approval of the governor of the district. The warden has 
 power to displace them at any time, it being enough for him that he does not con- 
 sider it prudent to keep them in charge; and he must remove them when they com- 
 mit any grave offense. 
 
 Art. 210. For assistanis in the classes these convicts shall be selected by preference 
 who do not hold office and who are of good behavior. 
 
 Art. 211. The heads shall keep hsts in which they record all the prisoners under 
 their orders, taking care to note the date of entrance of those consigned to the hall 
 and of the departure of those who go out. In those lists shall be noted daily the 
 assignment of work and the general conduct of each convict, and in the form of clear 
 and precise observations all the particular acts of prisoners which imply good or bad 
 conduct and indicate the grade of morality. These lists shall be revised by each 
 monitor, who must make clear in them the inconsistent points and, having certified 
 as to the conduct and assignment of labor to the head (cabo), shall forward it to the 
 warden on the last day of each month. 
 
 Art. 212. The heads (cabos) shall receive for their services $10 per month and the 
 assistants $4 per month. 
 
 Reception op Prisoners, 
 regulations common to all the penal establishments of the district. 
 
 Transportation, admission, transfer, and departure of prisoners (articles 
 11-36). — Art. 11. Individuals apprehended shall be conducted from the place of 
 apprehension or the office of police to the proper prison according to regulations of 
 the police. 
 
 Abt. 12. In each of the prisons of the district shall be received all individuals 
 apprehended according to the laws and ordinances of the respective departments, and 
 there sent by competent authorities. 
 
 Art. 13. In no prison shall children of prisoners be received, unless they are infants 
 and dependent on the mother when she is placed in the prison. Afterwards, unless 
 the prisoner designates a person to whom they are to be consigned, they shall be 
 sent to the house of exposed children if under 6 years, and to the hospital of the poor 
 (foundlings) if over 6 and under 10 years. 
 
 Art. 14. The committal of prisoners to the prison shall always be accompanied by 
 an order or document which contains the assignment of the prisoner or the command 
 of the authority which determined the apprehension. 
 
 Art. 15. In these orders and documents mentioned in the preceding article shall 
 always be contained the designation of the crime, or the reason for arrest, in the 
 form prescribed by laws and regulations. 
 
 Art. 16. At the moment when the prisoner is received his admission shall be 
 recorded in a book, and there shall be taken from him objects noted in articles 55, 
 57, and 58. 
 
 Art. 17. On admission of the prisoner the warden shall give a receipt to the person 
 who conducts him, mentioning the hour of delivery. 
 
 Art. 18. On no other conditions than those in articles 14 and 15 shall any individu- 
 als be received into the prisons. 
 
 Art. 19. Prisoners shall go out from the penal establishments where they are placed 
 only: (1) When the authority which holds them in control gives a written order 
 placing them at liberty. When a prisoner shall be at the same time under control of 
 various authorities he shall be released only on the previous order of each of them. 
 
214 MODERN PBISON SYSTEMS. 
 
 (2) When, in relation fo persons detained or held, the authority which controls them 
 gives written orders that they shall be conducted to another establishment. * * * 
 
 (3) When persons sentenced have served their terms, are pardoned, or are condition- 
 ally released. 
 
 Akt. 20. When a prisoner is to be transferred from one prison to another, or to 
 any other place, the authority which has control of the prisoner shall give to the 
 warden or superior officer a written order that he may deliver him to the person 
 designated to conduct him. When the transfer is accomplished there shall be sent 
 to the warden or superior officer of the establishment from which the prisoner has 
 been transferred, even if it is from the same district, military or Federal, or from a 
 state or territory, a copy of the order of entry and the later annotations, and if it 
 is a person who has remained in the prison for more than one month, there shall 
 also be transmitted information on his conduct and antecedents, and the work on 
 which he has been employed. The sending of this information will be made by the 
 person who conducts the prisoner; or, if this is not possible, from lack of time, within 
 five days by post, a copy of the communication which contains the information being 
 retained. 
 
 Aet. 21. The conveyance of convicted persons to arrest, imprisonment, or death 
 shall always be with a sufficient and armed force. The conveyance of individuals 
 not yet definitely condemned may be made in any way approved by the authority 
 competent to order the transfer of the prisoner, yet not by an armed guard, except 
 in the case mentioned in the previous article. 
 
 Art. 22. Always provided that there is no infraction of articles 20 and 21, the 
 wardens and assistants shall execute strictly and under extreme responsibility the 
 orders for the transfer of prisoners which are communicated by the competent 
 authority. 
 
 Aet. 23. The person charged with conductmg a prisoner has authority to dictate 
 all the measures which he thinks proper for an efficient custody, and he should 
 exercise special care with the individuals whom the warden or the authority designates 
 as being dangerous. The person charged with the transfer is responsible for the 
 escape of the prisoner, whether this occurs by positive acts or by omission to dictate 
 prudent means to avoid it. In case of flight, arms may be used to prevent it or to 
 secure the immediate capture of the fugitive. 
 
 Aet. 24. For the secure transportation of prisoners handcuffs, leather straps, and 
 other means may be employed if they are limited to impeding flight and securing 
 the prisoner; but no suffering shall be inflicted which could be called torture. 
 
 Art. 25. The warden, at the delivery of a prisoner, shall require for his security 
 from the person charged with conveying the prisoner a statement which affirms the 
 delivery, and in which shall be noted whether the prisoner has been designated as 
 dangerous. These statements, to which these articles refer, are kept in a book set 
 apart for the purpose, to be kept in each prison. 
 
 Art. 26. Wardens and others employed in the prisons shall never take the charge 
 of conducting prisoners outside the edifice. 
 
 Aet. 27. Sick prisoners shall ordinarily be treated in the prison and in the depart- 
 ment or place where they find themselves, and they shall not be sent to a hospital or 
 infirmary save in case of absolute necessity. 
 
 Aet. 28. Prisoners who can not be treated in the place to which they belong may 
 be sent to an infirmary. For this transfer there is required an order from the 
 physician or under surgeon of the guard, and certificate of verification. No prisoner 
 shall remain in the infirmary longer than is necessary, and the physician shall 
 indicate when he ought to return to his department. 
 
 Aet. 29. All the sick who are in the infirmary shall remain on their beds and 
 shall be permitted to go to the courts or corridors of the prison only by order of the 
 physician. 
 
 Aet. 30. The sick prisoners who are kept from communication shall be assigned 
 to a department where communication is forbidden, and if by absolute necessity 
 they are removed to an infirmary, adequate precautions shall be taken to prevent 
 communication. 
 
 Aet. 31. Transfer of prisoners to hospitals will require: (1) The order of the 
 proper judge dealing with those detained or on trial; (2) the order of the governor 
 of the district, or in care of the political prefect of Tlalpam, dealing with convicts 
 already condemned. In any event the precise condition of transfer is the prisoner's 
 certificate of the physician, or of each physician if there are several, to the necessity 
 of the transfer. 
 
 Aet. 32. When a physician or physicians declare it necessary to transfer a prisoner 
 to a hospital they shall give written advice to the proper warden, with an accompanying 
 certificate. The warden shall yield the prisoner to the person designated in the pre- 
 vious articles, and await his decision without dictating measures of precaution. 
 
MODEBN PEISOK SYSTEMS. 215 
 
 Abt. 33. The authorities mentioned in article 31 may hear and take counsel so far 
 as convenient, seeing to it that the greatest brevity possible is observed. 
 
 Abt. 34. There may not be an order for the transfer of a prisoner to a hospital nor to 
 an infirmary except by reason of an illness which seems serious, or in the judgment 
 of the medical man indicates mental alienation. 
 
 Abt. 35. In the act of leaving a prison a prisoner shall have the proper certificate, 
 the first being nullified if the departure is final, or simply noted if the prisoner must 
 return to the prison. 
 
 Akt. 36. At transfer of a prisoner to another prison, there shall be sent to the 
 proper warden a signed receipt for the objects referred to in article 60. 
 
 Reception of Pkisonbrs in the General Pbison. 
 
 Service of identifi.catioii and anthropometry, general prison. — Abt. 259. 
 There shall be taken an anthropometical measurement of all prisoners included in 
 the following enumeration: (a) Those formally declared prisoners; (b) those who, 
 without formal previous declaration, are condemned to a penalty exceeding twenty 
 days; (c) accused who are conceded conditional liberty. 
 
 Abt. 260. The anthropometical measurement shall conform to the Bertillon system 
 and include (a) the following measurements: Stature, arm, bust, longitudinal and 
 transverse diameters of the head, length and width of the right ear, length of the 
 left foot, middle finger or little finger of the left hand , and the left forearm ; ( 6 ) color 
 of iris, expressed in the corresponding Bertillon number, form of aureole and color of 
 the periphery; (c) an impression of the center of the thumb, index finger, ring finger, 
 and little finger of the left hand. 
 
 Abt. 261. The description of each prisoner shall be placed on a separate card, on 
 which shall also be written: (a) descriptive notes in relation to the head and posterior 
 part of the neck, face, and anterior part of the neck, chest and abdomen, back, 
 upper limbs, lower limbs; (6) number of page corresponding to the prisoner in the 
 general register; (c) circumstances mentioned in article 114. 
 
 Abt. 262. To the measurement cards of the prisoners shall be attached their photo- 
 
 Aet. 263. When prisoners return, a new card shall not be made, unless by lapse 
 of time or for other cause there have been considerable changes which demand 
 modifications in the descriptive notes which can not be placed with the previous ones. 
 
 Abt. 264. Aside from the case mentioned in the preceding article the new portraits 
 shall be connected with the first card, yet so that the first picture shall not be made 
 
 Art. 265. The anthropometical record shall be made as a general rule the same day 
 or at latest the day following that in which the prisoner has been included in the 
 provisions of article'259, if they are in prison; or, if they are first in a hospital, the 
 record is made when they enter the prison. To carry this article into effect the 
 warden shall daily send to the curator of the anthropometical cabinet one or more 
 lists of prisoners who are to be measured. The curator of the cabinet shall make 
 the signalments on the same or the following day, as provided; but should put first 
 those marked by the warden in his list as urgent. 
 
 Abt. 266. The cards are to be classified according to the Bertillon system, each 
 being arranged for comparison with its proper group. If at the placing of the card 
 it is evident that the prisoner has been recorded before, the new one will be placed 
 with the older, and the signalment will be sent to the archives for its inscription in 
 the general register, the number and names inscribed on the older cards being given. 
 
 Abt. 267. The. service of the anthropometrical identification shall have a confi- 
 dential character, and employees are prohibited to give out signalments or copies of 
 documents without judicial order of the governor of the district. The violation of 
 this rule will be punished with a fine equal to the salary which the responsible per- 
 son receives, for a time not less than eight days nor more than one month. 
 
 Abt. 268. The anthropometrical cabinet shall be in charge of the medical director, 
 assisted by the physicians of the prison. 
 
 Photograplijr. — Abt. 269. All prisoners shall be photographed who are formally 
 sentenced to prison and those who are conceded conditional liberty. 
 
 Abt. 270. The photographic service may be under contract or under the adminis- 
 tration, in either case subject to the following rules: 
 
 Abt. 271. Of each individual shall be taken the photographs of the bust, one of 
 full view and the other of the profile, both of dimensions of 122 mm. by 75 mm. In 
 the portrait of the front view shall be seen the shoulders and in that of the profile 
 the right side, care being taken that the ear and forehead shall not be concealed by 
 hair. In both positions the head shall be uncovered, and care must be taken that 
 the prisoners are not represented with handkerchief, muflfler, or any other pro- 
 
216 MODERN PRISON SYSTEMS. 
 
 tection or object which, may conceal them. And the pictures shall be on a scale 
 of one-seventh of the natural size, and be held in clasps 13 mm. by 9 mm. The 
 negatives shall not be retouched, and they shall be the property of the prison. 
 
 Akt. 272. Of each pictiare shall be made six copies— for the judge or authority which 
 committed the prisoner, to the inspector-general of police, to the governor of the dis- 
 trict, to the anthropometrical cabinet, to the archives, and the last to forni in the 
 ofiice of photography a collection of such copies, pasted to leaves of card, marked in 
 numerical order corresponding to numbers in the anthropometrical cabinet. This 
 collection shall not be taken from the oflSce of photography, the photographer being 
 responsible for their safe-keeping. 
 
 Art. 273. The orders for making the photographs shall be issued by the warden. 
 
 Art. 274. The pictures shall be made at least in four days from the giving of the 
 order; but those which the warden marks urgent shall be made immediately. 
 
 Aet. 275. The photographer shall be at the prison daily, except Sundays and 
 national holidays, at least from 11 a. m. to 1 p. m., and 3 to 4 p. m., to receive orders 
 and make photographs. 
 
 Aet. 276. The photographer shall keep a book in which to note the numbers of the 
 consecutive orders corresponding to each plate, the name of the prisoner, the date of 
 making the negative, the decree of imprisonment; the name of the prisoner and the 
 number of the order of sentence being printed on the negative. 
 
 Aet. 277. The photographer shall be subject in the making of the portraits to the 
 regulations given in preceding articles and to the instructions of the chief of the 
 anthropometrical cabinet. 
 
 Art. 278. The service of photography is of a confidential character, and the pho- 
 tographer as well as the employees are forbidden to give out copies of pictures except 
 on judicial authority or that of the governor of the district. The violation of this 
 article shall be punished with a fine equal to the salary of the culpable person for a 
 period not less than eight days nor exceeding one month, if an employee, and other- 
 wise 3?25 to $100. 
 
 Archives. — Aet. 279. In the warden's office shall be kept these books: (a) Of 
 admissions; (b) of individuals declared prisoners; (c) of individuals sentenced; (d) 
 persons liberated, or for other reasons set free from the prison; (e) auxiliary books 
 necessary in the judgment of the warden and the other books provided for in this 
 regulation. 
 
 Art. 280. The book of admissions shall be kept according to article 114, noting in 
 addition the names of the father and mother, and in each case the penal establish- 
 ment or police inspection from where the convict was sent. 
 
 Aet. 281. In the other books shall be entered the proper facts, care being taken 
 to indicate the paternal as well as the maternal surname of the person. 
 
 Art. 282. The general archives of the prison shall keep books called the "register 
 general," in which a leaf shall be kept for each prisoner, beginning with the notices 
 required by article 280, and setting down in chronological order the declaration of 
 penal committal, sentence, or conclusion of the judge; the conveyance to prison, the 
 end of sentence, release, and all dates relating to the individual. When prisoners 
 are photographed, the pictures shall be attached to the proper leaf, and when a sig- 
 nalment is made it shall be copied. When the prisoner returns, a new page shall not 
 be opened unless previous entries have been continued, or when the person has not 
 yet been identified at opening the new page; and as soon as identification has been 
 made, the entries shall be transferred to the first page, a note being placed in the 
 other closing the accoimt. 
 
 Aet. 283. Daily at 3 p. m. the warden shall deliver to the archivist the books 
 mentioned in article 279, in order to make entries for the day, which shall be closed in 
 the evening and not taken by the archivist or his (clerks before the termination. At 
 the same time shall be delivered to the archivist the copy of the part corresponding 
 to the previous day, and in general all the facts and documents which furnish the 
 basis for the matter to be copied in the general register. 
 
 Aet. 284. In each part of the books of the warden's office, and in each document 
 delivered to the archives, the number of the page shall be registered. 
 
 Aet. 285. All the pages of the general register shall be numbered in order, the 
 numbers being continued from the previous book, and an index book shall be kept 
 in which is noted the paternal and maternal surname of the prisoner and the num- 
 ber of his page. 
 
 Aet. 286. In addition to the index required in the preceding article, another shall 
 be kept on cards which record the name and the paternal and maternal surname of 
 the prisoner and the number of his page. These cards shall be kept in boxes espe- 
 cially suited to this purpose and in exact alphabetical order, first the paternal sur- 
 name and then the maternal, and after that his own name. 
 
MODERN PRISON 8YSTEM8. 217 
 
 Art. 287. The loss of one of these cards referred to in the preceding article shall 
 be a reason for suspension of the archivist from three to fifteen days the first time, 
 double period the second time, and removal the third time. 
 
 Art. 288. The archivist shall keep other books in which, in chronological order, 
 the date -when the sentence of the prisoner expires or in which notice must be sent 
 to some authority. * * * 
 
 Art. 289. The notice or orders of formal imprisonments, liberation, or sentence 
 received at the warden's otEice shall be delivered daily to the archivist for keeping. 
 He shall arrange them in packets by months and years. The three documents are 
 sent to the same ofiice and shall be delivered to the archives immediately. 
 
 Art. 290. The books kept in the warden's office shall be delivered to the archivist 
 immediately after they have been published. 
 
 Art. 291. The archivist shall remain in the prison long enough to complete his 
 work. The clerks of the archives shall be under the immediate direction of the 
 archivist, and shall perform under his inspection all the work which belongs to them. 
 
 Art. 292. The archivist shall make all the entries with great exactness, and in case 
 of doubt about any of them, before making the entry he shall inquire in the warden's 
 office, the anthropometric cabinet, or the proper judge, tribunal, or authority for data 
 and necessary information. While he is waiting for this information he shall make 
 the entry in a special book. 
 
 Art. 293. Prisoners shall not enter the archives, but may have necessary commu- 
 cation with the archivist through a grating. 
 
 Art. 294. The door of the archives shall remain closed during the time the archi- 
 vist is there, and when he goes out he shall lock the door and deliver the key to the 
 warden. 
 
 Art. 295. The rooms where the books of the general register and the indexes are 
 kept shall be securely locked, and the key shall be in possession of the archivist and 
 not trusted to any other person for any reason. If the locks have a combination, it 
 shall be known only to the archivist, the warden, and the governor of the district. 
 
 Art. 296. The archives are subject to regulations of article 267. They are 
 confidential. 
 
 Art. 297. The archives remain open from 8 a. m. to 1.30 p. m. and from 3.30 p. m. 
 to 6 p. m. If the work is not completed the archivist will prolong the labors up to 
 8 p. m.. 
 
 KuLEs OF Conduct. 
 
 OF DISCIPLINE AND REGULATIONS WITHIN PENAL ESTABLISHMENTS. « 
 
 Condition of the edifices and their division into departments. — Art. 37. The 
 edifices destined for penal establishments shall be always confined by walls that do not 
 have windows or other broken spaces less than three meters above the public street, 
 and none shall have more than one door of entrance. The communications which 
 it is necessary to provide with the tribunals and other offices shall be by means of 
 openings with fixed iron gates which can not be opened, except those which lead to 
 the rooms of the jurymen. All the openings in the wall and partitions which con- 
 fine the penal establishments from the exterior, shall also be protected by gates of 
 iron and network of wire. 
 
 Art. 38. In each of the prisons of the district there must be at least two depart- 
 ments, absolutely independent of each other, one for men and one for women. 
 
 Art. 39. In all prisons destined for secure keeping of persons detained or convicted, 
 in which there are ordinarily more than 25 prisoners, there shall be distinct depart- 
 ments in which shall be collected those designated by the proper authority. 
 
 Art. 40. There will be no distinctions in the departments for those under sentence. 
 
 Art. 41. On the walls of the rooms in which the distinctions are established shall i 
 be posted in large characters articles 47 and 49. 
 
 Art. 42. In all prisons there shall be baths and tanks for washing, where prisoners 
 may bathe themselves and wash their clothing. 
 
 Art. 43. All the walls of prisons shall be painted a dark and uniform color (with- 
 out drawings), up to 2^ meters above the level of the pavement. Every six months, 
 or more frequently, if necessary, the wainscot shall be renewed and painted for pur- 
 poses of disinfection and cleanliness and to obliterate inscriptions and drawings. 
 
 Entrance of free persons. — Art. 44. With the exception of employees of penal 
 establishments and servants and workmen required for the service, no one shall be 
 permitted to enter, except pubUc officers in discharge of their duty, or persons 
 authorized in written permission to visit by authorities named in article 13. 
 
 oCompare articles 215-223, post, under "Disciplinary measures." 
 
218 MODERN PKISON SXSTEMS. 
 
 Aet. 45. No one shall enter tlie interior of prisons with the object of visiting any 
 employee. In respect to employees who reside in the prison itself, there shall be 
 special entrance to their dwellings, and in each case access to such dwellings shall be 
 regulated by particular rules made by the authority over the prison for the purpose. 
 
 Akt. 46. Persons who come to visit prisoners shall not pass farther than the con- 
 versation room set apart for this purpose. 
 
 Prohibition of acceptance of fees, presents, etc. — ^Aet. 47. For no reason or 
 no purpose shall fees be received in the prisons for the prisoners. 
 
 Aet. 48. Ko officer or employee of a branch of the prison shall receive anything 
 from prisoners nor their families as a gratuity, gift, or present. 
 
 Art. 49. The prohibition in article 47 includes the case of a gratuity. 
 
 Correspondence of prisoners. — ^Art. 50. Piisoners, whether detained, on trial, 
 or condemned, may have communication with free persons; but the letters, whether 
 sent or received, shall be opened and given up to the warden or head of the estab- 
 lishment, who may blot out words so as to make illegible the phrases or words which 
 he thinks proper, or to retain the letter in case it is necessary to blot out all the 
 words in order to send it forward. 
 
 Art. 51. In case of the last part of the previous article the warden or head of the 
 estabhshment, without blotting any word, will send the letter to the proper judge, if 
 it is from a detained person or one on trial, and to the governor of the district in the 
 City of Mexico, and further to the political authority or commissioned director of 
 prisons if it is from a condemned felon. If only a few imfit words are in question on 
 accoimt of some points which relate to public justice or security, the original letter 
 shall be sent to the proper authority, that he may take cognizance of it. 
 
 Art. 52. Correspondence directed to prisoners by the general post shall be delivered 
 to the chief of the establishment, in order that he may be able to give it to the per- 
 sons addressed, who shall open it in the presence of the chief and shall give it up 
 before taking possession of it, according to the rule in article 50. The certified corre- 
 spondence shall be received by the prisoners in presence of the chief of the establish- 
 ment and immediately opened, also in his presence, and shown him, as required in 
 article 50. 
 
 Aet. 53. The letters which prisoners send to their advocates, as also those received 
 from them, shall not be subjected to examination, and both may be sealed, yet 
 always by the medium of the chief of the estabhshment. 
 
 Art. 54. Excepted from the rule of article 50 are prisoners for whom it is ordered 
 by the proper judicial or administrative authority that thay shall not hold commu- 
 nications. These persons may not communicate except with persons to whom it is 
 expressly permitted in writing by the authority which has interdicted communi- 
 cation. 
 
 Things prohibited to be introduced or possessed. — Aet. 55. The following 
 objects may not be introduced into the penal establishments: (a) Arms and instru- 
 ments or objects which serve as such; (b) large bars, cords, and other objects which 
 may help escape by scaling walls, boring, or other means; (c) intoxicating drinks, 
 opium, or other narcotic or poison; (d) playing cards and other objects of gam- 
 bling; (e) guitars, mandolins, and other instruments of music; (/) powder and other 
 explosives and objects compounded with them; (g) money and bank bills; {h) 
 objects of value; (i) obscene and immoral books and pictures; (j) periodicals, politi- 
 cal and general; (k) other articles named by the governor of the district. 
 
 Art. 56. The prohibition of the previous article does not prevent, with the special 
 consent of the warden or chief, and subject to the regulation dictated by the author- 
 ity on whom the establishment depends, the introduction of tools and objects useful 
 for work, although they might be used as weapons, and of medicinal substances, 
 although they may be narcotic and poisonous ; yet in each case precautions ought to be 
 faiken to see that order is not disturbed and improper uses are not allowed. In 
 exceptional and necessary cases there may also be permitted the introduction of other 
 prohibited objects, in the form and under the conditions of the previous clause, 
 when such objects are not for the use and consumption of the prisoners. 
 
 Art. 57. No prisoner shall have in the prison domestic animals. 
 
 Art. 68. No prisoner shall have more than three complete suits. 
 
 Akt. 59. Wardens may leave in possession of the prisoners all objects which they 
 may properly possess in person. 
 
 Aet. 60. The objects which prisoners may not have under this regulation shall be 
 taken away at their entrance, a detailed receipt being given by the warden or chief 
 of the establishment. These objects shall be returned at the discharge, or before, if 
 any person is designated to receive them. The receipts referred to in this article 
 shallbe given in a certain order and kept in the office of the warden, and in it shall 
 appear the number of the prisoner from whom the articles have been taken, their 
 
MODEBN PBI80N SYSTEMS. 219 
 
 Quantitj; and quality, with all possible specification. When the objects are returned 
 the receipt given by the warden will be taken back and thus certified by the pris- 
 oner on it. If the prisoner does not give up the receipt the restoration shall be noted 
 in a separate document. In case of the death of a prisoner, if the objects are not 
 reclaimed within fifteen days by relatives, they shall be sold and the proceeds given 
 to the improvement of the establishment. 
 
 Art. 71. No prisoner, even if he be a detained person or on trial, shall be per- 
 mitted to go from his department, except upon affairs by order of the judge or author- 
 ity over him, to receive a visit or to perform necessary acts of service. 
 
 Art. 72. The prisoners shall not have keys, bolts, or bars inside the doors of their 
 rooms. 
 
 Art. 73. In the departments of women male prisoners shall not be permitted to 
 enter, and when it is indispensable for making repairs or other necessary purpose 
 appropriate means shall be taken to avoid communication with female prisoners. 
 Women shall not enter the male departments. 
 
 Art. 74. On no account shall trade be permitted in the penal establishments, even 
 in objects whose admission is permitted. Neither shall prisoners be permitted, 
 among themselves or with employees, to sell, pledge, or lend. 
 
 Art. 75. Any contract which violates the previous article shall make the guilty 
 persons liable to correctional discipline under the regulations, and the head of the 
 establishment shall prevent the execution of the contract. 
 
 Art. 76. So far as compatible with these regulations and the order and discipline 
 of the prison, in the judgment of the warden or head of the establishment, the per- 
 sons detained and under trial shall be permitted to use furniture which is their own 
 property and in other ways diminish the inconvenience of the reclusion. 
 
 RULES OF CONDUCT IN THE GENERAL PRISON. 
 
 Section of those on trial. — Art. 226. Persons on trial shall not be subjected to a 
 fixed rule, save as ordered in this chapter, and shall enjoy the following immunities: 
 (a) To employ themselves at work they may choose; (6) to receive food from with- 
 out; (c) to keep in their room furniture and objects not forbidden, in proportion to 
 their means, and which in the judgment of the warden are not objectionable. 
 
 Art. 227. The food for those on trial sent from outside shall be received between 
 11 and 12 daily in baskets or bottles marked with the name of the prisoner on a 
 ticket. These shall be received in presence of a guard, who shall keep a record and 
 see that no contraband articles are introduced. (See article 55. ) 
 
 Art. 228. At the same time that food is brought other permissible articles may be 
 given to the persons on trial. 
 
 Art. 229. visits may be made weekly to persons on trial in the order of the sub- 
 warden's list. ■ The first visit shall be on the day of admission, if there is a request 
 for communication, and if not, on the day following that when the isolation began. 
 
 Art. 230. Visits shall be only in the conversation room set apart for the purpose, 
 in presence of a guard, shall continue an hour at most, and be between 2 to 5 p. m. 
 
 Art. 231. There shall be a place for interviews of the attorneys who are on an 
 approved list of the warden. To this room those on trial shall be conducted, first 
 having a card signed by the attorney. 
 
 Art. 232. The Visits of attorneys may be verified each day, even in vacations of 
 courts, from 8 a. m. to 6 p. m., and employees shall not be present. Notwithstand- 
 ing, if the warden fears that there may be disciplinary offenses and infractions of the 
 law and of this regulation, he may employ the means necessary to prevent the 
 offense. 
 
 Art. 233. The prosecutors may communicate with persons on trial on the same 
 conditions as apply to advocates. 
 
 Art. 234. To the bars of the tribunals only shall be conducted the prisoners sum- 
 moned by the judges, by means of a ticket signed by them or their secretaries. 
 
 Art. 235. At the entrance of the section shall be placed one or more summoners 
 to call the prisoners. These callers shall be chosen from among persons on trial and 
 have 13 a month for their remuneration. 
 
 Art. 236. There shall be special departments: (o) One for persons designated by 
 the authorities which control them; (6) one for the agents of police, judicial or 
 administrative, for those who are connected with the penal departments. 
 
 Art. 237. The distribution of food shall be at the ^ame hours and on the same 
 conditions as apply to the convicts. 
 
 Art. 238. The prisoners shall be locked in their respective halls after the count at 
 5 p. m. in the months October to February, and at 6 p. m. the other months of the 
 year. From that hour to 6 a. m. the rooms shall be locked. 
 
220 MODERN PEISOK SYSTEMS. 
 
 Art. 239. Those persons who are on trial may go from their department for work 
 or visits only, and shall not he permitted to go out with a hat, except when they 
 leave the building. 
 
 Art. 240. In each hall used as a dormitory there shall be a monitor to keep order, 
 and if there are more than 50 prisoners in one hall there shall be added an assistant 
 for each 50 prisoners or fraction of 25 or more. The assistants are responsible to the 
 monitor. Further, there shall be a superior monitor, who, as head of all the others, 
 shall care for the general order of the section. The superior monitor shall have $5 
 monthly pay, the monitors |2, and the assistants $1. The monitors and assistants 
 shall be prisoners of the same sections and shall be ruled by articles 209 and 211. 
 
 Art. 241. Those on trial shall be regulated by articles 194 to 198 and 200 to 202. 
 
 Art. 242. The governor of the district shall dictate, by means of orders which he 
 considers supplementary to this regulation, the means which he thinks proper for 
 the good order and security of the section. 
 
 Section for youth. — Art. 243. This section shall he regulated by orders of the 
 previous chapter, together with those contained in the following article: 
 
 Art. 244. In this section there shall be a school, in which all youth shall take part 
 who are not at work. The work of the school shall be from 8 to 12 a. m. and 2 to 5 
 p. m. Youths who are advanced in study shall be employed to aid the guard 
 instructor. 
 
 Section of persons under detention. — Art. 245. This section is imder the rules 
 stated in articles 226 to 242, together with the following article: 
 
 Art. 246. To the detained visits shall be permitted from 8 a. m. to 5 p. m. 
 
 Section for political prisoners. — Art. 247. This section is under rules stated in 
 articles 226 to 242, together with the legal requirements. 
 
 Section of the isolated. — Art. 248. The prisoners of this section shall be divided 
 into the following groups: (1) Culprits isolated by judicial order; (2) those sentenced 
 to death; (3) habitual delinquents or those of extraordinary perversity to whom 
 applies Part II of article 223 of this regulation, on whom isolation is imposed by 
 Parts VI to VIII of article 95 of the Penal Code; (4) pederasts; (5) those punished 
 for discipline; (6) dangerous prisoners, those who must be isolated for the sake of 
 the order and security of the prison, in the judgment of the warden and with the 
 approval of the governor of the district. In each of the groups shall be placed the 
 individuals who belong there conformably to this regulation. 
 
 Art. 249. Prisoners of this section are subject to all the regulations which corre- 
 spond to them, whether they are detained on trial, condemned to minor or major 
 arrest, to prison, or to simple reclusion, but their condition is modified in respect to 
 communication. 
 
 Art. 250. All the detained at disposition of the common judges of the Federal Dis- 
 trict shall be isolated three days, without necessity of express order, and at the end 
 of this time the isolation will be ended, also without express order. To cause the 
 isolation to end before the three days, as well as to prolong it for a greater time, 
 requires an express order communicated in writing to the warden. When any other 
 isolation is in question different from that of article 299 of the Code of Penal Pro- 
 cedure of the district, and as a general rule, which he must endure with his deten- 
 tion, either to impose it or end it requires an express order of the judge. Isolation 
 of the convicts shall be subject to article 231 of the Code of Penal Procedure, and all 
 things in relation thereto shall be regulated by written orders of the judge. 
 
 Art. 251. Those sentenced to death shall be subject to partial isolation — that is, 
 they may not converse with other prisoners — but in the days and hours indicated in 
 this regulation for persons on trial they may receive visits. 
 
 Art. 252. The delinquents to whom refers Part III of article 248 shall be entirely 
 or partially isolated, according to the sentence of the court. 
 
 Art. 253. Pederasts and .prisoners coming under Part VI of article 248 shall be 
 partially isolated, as stated in article 251; but if they are convicts they shall receive 
 visits only on days and hours fixed for that class of prisoners. 
 
 Art. 254. Those under disciplinary punishment shall be totally isolated — that is, 
 they may converse only with physicians, ministers of their faith, or officers of the 
 prison. Also the warden, in necessary cases, may permit conversation with other 
 persons. 
 
 Art. 255. It shall be arranged that the cell designated for each of the classes enu- 
 merated in article 248 shall be near the corresponding section of the proper classes 
 of prisoners." 
 
 Art. 256. When the number of prisoners who must be isolated exceeds the num- 
 ber of separate cells in the prison, several prisoners may be kept in the same room; 
 but in no case shall be brought together the prisoners isolated by judicial order, nor 
 the pederasts, and both shall be kept apart in separate cells. 
 
MODEEN PKISON SYSTEMS. 221 
 
 department of women. — Art. 257. The general department of women shall be 
 subdivided into three sections: For the detained and on trial, the convicted, and the 
 isolated. 
 
 Art. 258. Each of these sections shall be regulated according to the disposition of 
 the preceding articles, as in corresponding sections for men, with the exception of 
 articles 169, 170, 199 to 206. 
 
 General regulations in the general prison. — Art. 379. On Monday of each 
 week, and also on Thursday, if in the opinion of the warden it is necessary, shall be 
 received the utensils and materials for free labor of prisoners and the other articles 
 sent them by their families. All the articles and materials intended for a prisoner 
 shall be placed in one parcel, which shall be marked with his name. If too large 
 they may be divided into several parcels. Articles prepared by prisoners and sent 
 out shall be delivered on Wednesday and Saturday of each week. 
 
 Art. 380. Each day, from 8 to 9 a. m., shall be received and sent the letters for 
 and from prisoners. 
 
 Akt. 381. The distribution of food shall be made simultaneously in all departments 
 and sections of the prison. 
 
 Art. 382. On Sundays and national holidays the schools shall be suspended, and 
 work shall not be obligatory, except with those who furnish food or other things 
 which may not be interrupted. In the morning there may be speeches on moral 
 subjects, without reference to any special confession, given by persons authorized for 
 this purpose by the governor of the district. These addresses shall be given in the 
 places assigned to schools; but prisoners of different sections may not be brought 
 together. 
 
 Art. 383. The hour of rising, of taking food, of dining, or suspending labor, and 
 silence shall be announced with three strokes of the bell. The arrival of the physi- 
 cian shall be announced with four strokes of the bell. 
 
 Art. 384. The tools and articles necessary for cleansing and service of the prison 
 shall be received weekly by the administrator, by the employees, and in the form 
 determined by the warden (art. 365). 
 
 Art. 385. The lash or any other violent physical punishment shall not be 
 employed. The guards, monitors, and assistants may use their clubs or arms only 
 when assaulted, or to prevent the commission of a crime or offense; in other cases, 
 to subdue resistance and secure obedience to orders, they may employ straps, man- 
 acles, and other appliances or similar implements, and, without maltreating the 
 prisoner, may make it impossible for him to do mischief or violence. 
 
 Abt. 386. Outside of the regulation in article 44 no free person shall pass further 
 than the room for conversation nor penetrate to places occupied by prisoners. The 
 governor of the district may give special permission to visit the prison, and such 
 visits may b^ certified on THursdays from 2 to 5 p. m., unless the governor indicates 
 expressly in the permit another day or hour. The visitors shall abstain from con- 
 versation with the prisoners. 
 
 Art. 387. When an offense has been committed in a place and the prisoners refuse 
 to declare who has done it, all those in th<! same jflace, or at least all who presump- 
 tively may be the actors or know the culprit, shall be punished as doers of the act. 
 
 Art. 388. Youths condemned to reclusion in an establishment of penal correction, 
 conformably to article 7, in a house of correction, shall be sent on order for the 
 execution to the warden. 
 
 Art. 389. Criminals condemned shall not go out from the prison without express 
 order of the governor of the district, dictated upon request of the judicial authority, 
 before whom the convict appears in a trial when a careful procedure is necessary, 
 when this inquiry can not be properly made in the prison. 
 
 Art. 390. The established workshop for the making of cigars for the special con- 
 sumption of prisoners shall continue, and no cigars made elsewhere shall be consumed 
 in the prison. 
 
 Art. 391. The governor of the district shall have power to give all necessary 
 orders for the good order and security of the prison, when no provision has been 
 made in the present regulation or in other orders. 
 
 Distribution of time in the general prison (articles 188-203). — Art. 188. Pris- 
 oners shall remain day and night in their rooms under the following regulations: 
 (1) They shall rise at 6 in the morning, and from that hour to 8 shall cleanse them- 
 selves, set the cell in order and take the first meal; (2) from 8 to 12 they shall labor 
 at the work assigned them; (3) from 12 to 2 p. m. they shall eat dinner; (4) from 2 
 to 5 p. m. they shall continue at labor; (5) at 5 p. m. they receive the third meal; 
 (6) from this time till 9 at night they cease work; (7) after the hours of recreation 
 they shall be silent; they shall be collected, and not permitted to converse. 
 
 Art. 189. From the hour of distributing the third .meal to the hour of rising the 
 cells shall be locked, and only for urgent and grave reasons opened. 
 
222 MODEEN PEISON SYSTEMS. 
 
 Aet. 190. Convicts who are to attend school may do so at any of the hours assigned 
 to labor, as determined in articles 185 and 186. 
 
 Art. 191. The distribution of time fixed in article 188 shall be interrupted when 
 the convicts go to visit, bathe, or other action provided for in this regulation; but 
 when they return to their cells they shall take up the same order. 
 
 Ajst. 192. During the hours of work convicts shall not converse with each other, 
 and at other times only so far as the order is not disturbed and others are not annoyed. 
 From the signal for silence no conversation is permitted. The violation of this rule 
 will incur a punishment of correctional isolation from one to eight days. 
 
 Aet. 193. From 10 a. m. to 4 p. m. the convicts shall leave their cells by groups 
 of equal number for the courts and corridors for exercise. Each convict shall 
 remain out of his cell a time fixed by the warden, not less than one hour and not 
 exceeding two. 
 
 Furniture, tools, and other articles for prisoners. — Aet. 194. To each pris- 
 oner shall be given for use two dishes, one spoon, and one metal vessel. Those who 
 are able out of their own means to procure other utensils may do so through the 
 administrator, if they are well behaved. 
 
 Aet. 195. To each prisoner is given a mat to sleep on. 
 
 Art. 196. Each week sufficient soap will be given to the prisoner for washing him- 
 self and his clothing. 
 
 Aet. 197. Each prisoner will provide his own clothing according to his ability to 
 pay. 
 
 Aet. 198. Convicts will be permitted to procure beds according to their means, 
 and also such furniture as is necessary in the opinion of the warden for their work, 
 or that they can use without disturbing the order and security of the prison. 
 
 Aet. 199. To each prisoner will be given the cap and clothes which he must wear 
 (art.- 169). 
 
 Aet. 200. When a convict violates disciplinary rules, his own furniture and uten- 
 sils, permitted under articles 194 and 198, will be taken away from him, and will be 
 returned only after proof of good conduct, for a period not less than one week. 
 Restitution may be partial and gradual. 
 
 Aet. 201. Convicts must place their name and number on their property unless 
 they are not susceptible of taking a mark. The violation of this rule will be pun- 
 ished and the article not marked taken from the prisoner. 
 
 Ajit. 202. Articles belonging to the prison will be marked with a number for 
 identification, and their loss or destruction will be punished as fixed in article 178. 
 
 Aet. 203. To convicts who keep the rules of good conduct for six consecutive 
 months it will be permitted: (a) That they may spend up to one-tenth of their 
 reserved fund for furniture and utensils or other conveniences not forbidden by this 
 regulation; (6) that they may enjoy in the days and hours of leisure any suitable 
 and permitted recreation. 
 
 DisoiPLiNAEY Measures. 
 
 EBGULATIONS COMMON IN PENAL ESTABLISHMENTS. 
 
 Disciplinary faults and their penalties, and crimes committed within the 
 prisons. — Aet. 77. The authorities to whom are committed the inspection of prisons 
 under article 139 and the committee of vigilance of prisons may impose upon the 
 prisoners by way of correctional discipline, up to four months continuously, the 
 following punishments: (1) Deprivation of reaiding and writing; (2) deprivation of 
 food; (3) increase of the hours of labor; (4) outside laborj (5) absolute isolation 
 with labor; (6) absolute isolation with outside labor; (7) absolute isolation with 
 deprivation of labor. Those over 60 years of age shall not be punished with absolute 
 isolation. 
 
 Aet. 78. Of the disciplinary faults of the prisoners the authorities referred to in the 
 preceding article shall be informed. * * * Once a resolution is dictated by an 
 authority it shall be accepted for all the others. 
 
 Art. 79. The wardens or heads of an establishment may only impose by way of 
 correctional discipline isolation for twenty-four hours, deprivation of reading and 
 writing to eight days, and increase of the hours of labor for the same time. No other 
 employee shall impose any penalty. 
 
 Art. 80. Whenever any wrong act is committed in a penal establishment, however 
 light, the warden or head shall notify the public ministry or the proper judge. 
 
 Art. 81. In the infliction of disciplinary punishments consideration shall be had 
 for the particular circumstances of each prisoner, and the rules fixed in the following 
 articles shall be observed. In cases not provided for, the authority which imposes 
 the penalty shall use discretion in choice of those enumerated in article 77. 
 
MODERN PEISON SYSTEMS. 223 
 
 Aet. 82. The attempt to hold communication with persons outside the prison to 
 procure means of escape or with any other purpose, contrary to order and security, 
 shall be punished with absolute isolation and work outside for one or two months. 
 
 Aet. 83. In case of the previous article, if the prisoner has succeeded in securing 
 or giving an article prohibited, the penalty will be doubled. 
 
 Akt. 84. The violation of article 74 by any prisoner shall be punished by the loss 
 of the articles of trade, for the benefit of the prison fund, and with absolute isolation 
 and work outside for fifteen to thirty days. 
 
 Aet. 85. Violation of articles 71 and 72 shall be punished with isolation and labor 
 outside for four to eight days. 
 
 Aet. 86. A prisoner who in the interior of the prison provokes any tumult or takes 
 part in it or gives any ground for offense shall be punished with absolute isolation 
 and labor outside for two to four months. 
 
 Aet. 87. The prisoner who attempts to escape shall be punished with absolute 
 isolation and labor outside for two to four months. 
 
 Aet. 88. In case of prisoners who have escaped and been recaptured the procedure 
 is given in article 938 of the Penal Code. 
 
 Aet. 89. Want of respect or obedience toward employees of the prison or toward 
 officers shall be punished with absolute isolation, with labor outside for eight days to 
 three months. 
 
 Aet. 90. If the requirements of silence are violated the punishment may be pro- 
 longed to eight days. 
 
 Akt. 91. Always when a prisoner is marked for a new misdemeanor, committed 
 inside the prison, he shall immediately be placed in absolute isolation. 
 
 Akt. 92. When a prisoner commits a disciplinary act, at a time when he has the 
 privilege of receiving visits, these shall be suspended for one to four months. 
 
 Aet. 93. A prisoner who writes on the walls of the prison or in any other manner 
 intentionally defiles them shall be punished with absolute isolation, with labor, 
 for eight to fifteen days. 
 
 Aet. 94. In case of the first repetition the isolation shall be aggravated by diminu- 
 tion of food. 
 
 Aet. 95. In case of a second or later repetition the absolute isolation will be aggra- 
 vated further with deprivation of labor; and further labor outside may be imposed. 
 
 Aet. 96. The deprivation of reading and writing shall be imposed only for light 
 faults not provided for in this regulation, and when the prisoner is a person who cares 
 for reading. 
 
 Aet. 97. The increase in the hours of labor shall be imposed for light faults not 
 provided for in this regulation. 
 
 Abt. 98. The diminution of food shall not be imposed except When, in the judg- 
 ment of the authorities of the institution, the health of the prisoner is not in danger. 
 When this aggravation has been imposed for two or more months it shall not be 
 continued and shall be applied for alternating periods of one month. 
 
 Aet. 99. Persons isolated by way of continued discipline shall be taken from their 
 room at noon that they may have exercise, all necessary precautions being taken 
 that they do not hold communication with anyone. 
 
 Execution of the penalty of death. — Akt. 146. When * * * the competent 
 judge designates for the execution of the penalty of death any place not in the interior 
 of the prison, the warden or head of that one in which the convict is shall limit him- 
 self to delivery of him to the person designated by the legal authority in the terms 
 of articles 21 to 25, with the obligation of declaring that the convict is dangerous. 
 
 Akt. 147. When the execution is to be in the prison the following rules shall be 
 observed: (1) The place which is set apart for beheading shall be difficult of access, 
 distant from the entrance, of the prison or the departments in constant use, especial 
 care being taken that there is entire security and that the convict be kept entirely 
 from all communications. (2) From the moment that the convict is placed in the 
 death chainber until his body is removed no visitor shall be permitted to enter the 
 prison, not even when provided with a permit, except as provided in the following 
 paragraphs: (3) The convict may be visited in the death chamber by members of his 
 family who have permits from the authority which ordered the execution, but such 
 visits majr be made only up to twelve hours before that set for the execution. (4) 
 The convict may be assisted by one or more ministers of his religion if he requests it. 
 ( 5 ) The convict shall be conducted from the death chamber to the place of execution 
 with his hands held firmly by manacles or other means, so that his attempts at 
 escape may be prevented, as well as purpose to do other crimes. (6) The warden, 
 the other officers of the prison, and the persons who by reason of their duty are 
 present at the execution or communicate with the convict shall abstain from giving 
 out, before or after the execution, any report relative to it or to the convict, imder 
 penalty of a fine equal to the wages of one month. 
 
224 MODERN PRISON SYSTEMS. 
 
 Aet. 148. In addition to the rules established in this chapter shall be punctually 
 observed those sanctioned in articles 248 to 251 of the Penal Code and 710 to 712 
 of the Code of Penal Procedure, it being considered a grave fault of discipline to 
 permit at the execution the presence of persons other than those provided for in the 
 articles cited. 
 
 Classification of convicts in th.e general prison. (Arts. 213-225). — Akt. 213. 
 Monthly and in view of the record of the conduct of prisoners, they shall be divided 
 into four graduated classes, according to the observations of the previous month, and 
 those of the best conduct will be placed in the first class and those remaining shall be so 
 distributed in the other classes that the worst shall be in the fourth class. Convicts as 
 they enter the section shall be placed in the fourth class. The ascent from one class 
 to another shall be in regular order; but one may pass from one to another without 
 being stopped in the one immediately preceding. Convicts of evil behavior may be 
 degraded to any one of the lower classes, whatever was the one preceding. Convicts 
 of the first class shall have as a distinction a red ribbon on the right arm, those of 
 the second class a green ribbon, and the third a blue. Those of the fourth class have 
 no distinctive mark. 
 
 Akt. 214. Prisoners distinguished for good conduct may be rewarded as the warden 
 determines, so far as is compatible with the discipline of the prison. 
 
 Visits. — Art. 215. Each prisoner may be visited by his family or by persons inter- 
 ested in him once every twenty days. The visit shall be received in the room for 
 conversation, and shall continue at most for one-half hour, and in presence of a 
 monitor of the prison. The visits shall be verified between 2 and 5 of the afternoon. 
 
 Aet. 216. To carry out the previous article, the subwarden shall make lists which 
 distribute the convicts into twenty equal groups, in rigorous alphabetical order, and 
 designate the day shown when each convict may be visited. 
 
 Art. 217. Prisoners who enter the section shall be counted to receive visits in the 
 series which begin after their entrance. 
 
 Abt. 218. No convict who is under discipline of entire isolation may receive visits. 
 
 Art. 219. Prisoners who for good cause could not come to the conversation room 
 on the proper day may be conceded an extra day by the warden. 
 
 Art. 220. Several prisoners should not be visited at the same time; but, if on account 
 of numbers it is impossible to avoid it, several may be in the conversation room at 
 the same time, but not more than four. If there is not yet time, as indicated in 
 article 215, request shall be made to the governor of the district for the necessary 
 consent. 
 
 Art. 221. The lists required under article 216 shall be affixed outside the prison 
 three days before the series begins. Likewise they shall be affixed in each one of 
 the sections, at least in the parts where the convicts meet. 
 
 Aet. 222. On their return to the section, after the visit, they shall be examined 
 by the monitor to see that no prohibited articles are introduced. 
 
 Aet. 223. The convicts shall be able to communicate with their attorneys and with 
 those who are seeking to procure for- them indulgence, commutation of penalty, or 
 conditional liberation, and for this purpose may appeal to the warden one day in 
 the week. The visits shall be certified m the conversation room of attorneys. 
 
 General rules. — Art. 224. When an executive sentence is communicated to the 
 prison, the judge, tribunal, or authority which has pronounced it, in view of the 
 continuance of the process, shall fix the treatment for the convict, conformably to 
 the following conditions: (1 ) Convicts who have committed only an offense on occa- 
 sion, under the influence of excitement or of passion, shall go directly to the divi- 
 sion set apart for such, and shall live in common with the otiners sentenced to this 
 division; (2) criminals by habit or profession, and those whose crimes reveal great 
 perversity, shall be placed in isolation conformably to articles 181, 132, and 134 of 
 the Penal Code from one to six months, according to their antecedents and the 
 gravity of their offense. On passing to the common division they shall not be placed 
 with any prisoners mentioned in the previous paragraph. In school the necessary 
 sections will be formed, and special hours assigned, and they shall at least be col- 
 lected in a gallery and not permitted to communicate with prisoners in other sections. 
 
 Art. 225. When the judge, tribunal, or authority which has imposed the sentence 
 has not "designated the treatment, the warden shall ask for the orders and hold the 
 prisoner in isolation till he receives them. 
 
 Organization op Industry. 
 
 Labor in the general prison (Arts. 172-182). — Art. 172. When a prisoner passes 
 to the section of the sentenced, he shall be assigned work by the warden under arti- 
 cles 77 and 79 of the Penal Code. 
 
MODERN PRISON SYSTEMS. 225 
 
 Art. 173. Labor is obligatory for convicts condemned to prison or arrest, it being 
 their duty to procure it wlien the administrator can not, an4 to this end the prison- 
 ers who do not work for the prison may sell their manufactured wares or occupy 
 themselves at work intrusted to them by authorization of the warden, and always by 
 consent of the adniinistrator. 
 
 Art. 174. Violence to compel convicts to work is prohibited. Those who refuse 
 without justification shall be isolated for a period twice that of their refusal. The 
 conduct of prisoners shall be recorded in a book. 
 
 Art. 175. To carry out the end of the preceding article, whenever a convict refuses 
 to work he shall be Isolated, and every day he shall be asked if he is willing to labor. 
 When he expresses a willingness to comply, he shall be set free and work given him 
 alone for a time equal to his refusal. 
 
 Art. 176. The convicts condemned to minor arrest or simple reclusion for political 
 offenses may busy themselves, if they request it, with work of their choice, by 
 authorization of the warden and consent of the administrator. The order of the 
 warden, according to the previous article, shall be communicated to the governor of 
 the district, who may revoke or modify it. 
 
 Art. 177. The prisoners shall work in their respective places, unless the nature of 
 the work assigned them requires that they do it in another place. 
 
 Art. 178. Utensils and tools which may be used as weapons or as means of escape, 
 if they belong to the prisoner or to the convicts, shall be kept in locked chests in the 
 care of the proper guard, who shall keep a list of such utensils and tools. At the 
 hour of beginning work the guard shall distribute the utensils and tools and collect 
 them at the suspension of labor in the evening, comparing his list. The convict who 
 does not deliver any uten.sil or piece of tool shall be punished by isolation for eight 
 days to one month, and, besides, pay the value if he is outside the prison. 
 
 Art. 179. All convicts condemned for common offenses to major arrest or to prison 
 shall be subject in relation to the products of their labor to articles 85 and 86 of the 
 Penal Code. 
 
 Art. 180. In order to carry out articles 85 and 88 of the Penal- Code, the warden, 
 ascertaining exactly from information given hy the convicts, shall decide who ought 
 to be considered as belonging to their families, and to whom the administration 
 ought to deliver the product of labor assigned to the family. 
 
 Art. 181. Work is suspended only on Sunday and on national holidays. 
 
 Art. 182. All matters relating to work belongs to the duty of the administrator. 
 
 Care of Health. 
 
 (Compare directions in respect to placing in infirmaries under "Reception of 
 prisoners" and "Rules of conduct," above.) 
 
 Food (conunon regulations). — Art. 61. Food shall be supplied to all prisoners. 
 
 Art. 62. Those simply detained or on trial may be permitted to receive food from 
 outside, without its being committed to persons within, if they desire. 
 
 Art. 63. To convicts condemned to arrest or prison it shall not be permitted 
 ordinarily to receive other than the prison fare. Only those who behave well may 
 receive food from outside as often as three times a week. 
 
 Art. 64. All prisoners, whether detained on trial or convicted, shall be given 
 equal quantity and quality, saving exceptions made in' the regulations. 
 
 Art. 65. The food of the prisoners shall be: First meal — Indian-corn gruel and 
 bread; second meal — rice, meat, beans or other seed, and bread; third meal — beans 
 and bread. The quantity shall be that fixed by the governor of the district in case 
 of the prison of Mexico, and by the proper magistrates in other prisons. Cakes of 
 maize may be substituted for bread, and meat may be omitted if it is difficult to 
 secure a supply. 
 
 Art. 66. The first meal shall be distributed at 7.30 in the morning, the second at 
 12, and the third at 5.30 of the afternoon. 
 
 Art. 67. To no prisoner shall be given more than the regular ration of food, 
 neither for prison service nor for any other reason, except by medical prescription 
 for convalescents. 
 
 Cleanliness.— Art. 68. The cleansing of each one of the departments of the penal 
 establishments shall be done by the prisoners found in them, with the exception of 
 rooms for detained or infirm persons, which shall be cleaned by servants of the 
 prison or by other prisoners in the same room. The warden shall make the most 
 equitable division of the labor popsible. 
 
 Art. 69. No prisoner shall be permitted to go from the place or department to 
 which he belongs to another with the purpose of cleansing this other. 
 
 H. Doc. 452 15 
 
226 MODERN PRISON SYSTEMS. 
 
 Akt. 70. The part of the penal establishment in which there are no prisoners shall 
 not be cleansed by them, but by free persons. 
 
 Hospitals for receiving prisoners. — Akt. 130. The executive shall decide what 
 hospitals shall be selected for giving medical aid to prisoners. 
 
 Ajrt. 131. The admission of prisoners into hospitals shall be subject to the follow- 
 ing rules: (1) There shall be received as detained those sent by officials or employees 
 of the police, who as a general rule are consigned directly to the hospital as requiring 
 immediate medical help on account of serious injuries; (2) the transfer of prisoners 
 from a penal establishment to a hospital shall be regulated by article 31. 
 
 Akt. 132. The sending of prisoners whom the officers or employees of police hand 
 over directly to hospitals shall be accompanied by the proper order or ticket in 
 which is stated the crime or misdemeanor which occasioned the apprehension and 
 the authority for the consignment. When such prisoners have passed into a prison, 
 there shall be observed at their transfer the provisions of article 20. 
 
 Art. 133. In all hospitals which receive prisoners the regulations in respect to 
 records given in articles 113-117 shall be observed. 
 
 Art. 134. When a prisoner shall die or be released who has not directly entered a 
 hospital without previous reception at a prison, the fact shall be communicated to 
 the warden or head, that the corresponding departure may be noted. 
 
 Art. 135. Prisoners during their stay in the hospital shall remain subject to the 
 same regimen as that of the penal establishment, and in general to all the dispositions 
 of this regulation which are applicable to them, with the exception of modifications 
 which, in the judgment of physicians and the director of the hospital, are necessary 
 for treatment and cure. In relation to the prisoners the administrators and man- 
 agers of the hospitals shall have the same powers and duties which this regulation 
 confers on wardens and heads of penal establishments. 
 
 Akt. 136. In hospitals in which there are ordinarily more than three prisoners 
 they shall be collected in a hall or special department, and, if possible, a separation 
 shall be made of convicts there detamed or on trial. 
 
 Art. 137. In the insane hospitals shall be observed the precautions of this chapter 
 BO far as compatible with the nature of these estabUshments. 
 
 Art. 138. Administrators and managers of hospitals shall send to the governor 
 of the district the statistical records made by them, and these shall be included in 
 the prison statistics. 
 
 Personal cleanliness of convicts. — Art. 204. Convicts are required to be clean 
 in person. Uncleanliness will be punished by isolation four to eight days. 
 
 Akt. 205. Once a week, at least, the convicts shall be conducted to the bathing 
 room of the department to bathe themselves and wash their clothing. The bathing 
 and washing of clothing shall take at the longest two hours. For this purpose the 
 convicts shall be divided into groups as necessity requires, and to each group will be 
 assigned a day and time. 
 
 A_rt. 206. All convicts shall have their hair cut and be shaved. The barber of 
 the prison shall attend to this once a month at least. To the head and assistanta it 
 is permitted to wear beard. 
 
 Medical service in the general prison (Arts. 298-323). — Art. 298. The medical 
 service includes (a) care of infirm prisoners; (b) care of prisoners injured within the 
 prison; (c) making inspections and sending of certificates required by law and by 
 this regulation; (a) watching over hygienic conditions of the prison and especially 
 prevention of epidemics. 
 
 Art. 299. Sick or wounded prisoners shall be helped only by the medical men of 
 the prison, and may secure outside physicians only by written permit from the 
 warden and the director of the medical service. 
 
 Art. 300. The director and the physicians shall be graduates and have had at least 
 two years' practice in their profession. The internes should be students at least in 
 the third year of medicine. 
 
 Art. 301. The internes who have stood the last examination of the medical course 
 shall cease from their employment * * * three months after having taken the 
 examination, and those who on the day following the closing of the inscription for 
 the pupil courses do not present a card of inscription in the course corresponding and 
 previously approved shall be left out. 
 
 Art. 302. There shall be also two adjunct physicians who have tlie required qual- 
 ifications of the principals and majf be substituted for them in case of temporary 
 deficiencies, in an order of numbering, and shall receive salary only when on duty. 
 When for any reason the place of a principal is vacant, the adjunct shall occupy it 
 in the order of numbering. 
 
 Director. — Art. 303. To the director shall be subordinated in everything con- 
 cerning the medical service, the physicians, internes, the one in charge of medicLaes 
 and the sick, ' 
 
MODEBN PRISON SYSTEMS. 227 
 
 Art. 304. It belongs to the director: (1) To care for the sanitary condition of the 
 prison and give information to the governor of the district, through the warden, of 
 the means necessary to correct evils which ho has observed. (2) To see that proper 
 preventive measures are taken, and watch especially over disinfection of halls. 
 (3) To inspect the food given the prisoners, and call attention of the governor of the 
 district, by the warden, to any defects. (4) To see that the service is correct and 
 punctual and that the books are kept. (5) To examine orders for medicine for the 
 dispensary and see that all is of good quality. ( 6) To see that the instruments, uten- 
 sils, and medicines do not go to the employees of the prison, but only to assist the 
 prisoners. (7) To keep an inventory in alphabetical order of names and makers of 
 all instruments and utensils of the service. A duplicate of these inventories shall be 
 kept by the director and the originals shall remain in the prison. (8) To examine 
 orders given to subalterns. (9) To care for the medical service in cases of accidental 
 deficiency of the medical men or nurses, when this can not be met otherwise. (10) 
 To dictate all orders necessary for a good service. (11) To give an account to the 
 governor of the district, by the warden, of all newevents which affect the order of 
 the service. (12) To send to the governor of the district, by the warden, on the 15th 
 of January statistical information of the service of the previous year. (13) Other 
 matters imposed by this regulation or other legal rules. 
 
 Physicians. — Aet. 305. It belongs to the physicians: (1) To make calls from 8 to 
 10 a. m. each day. (2) To keep the watches in exact turns. The service of the 
 watches imposes the duty, in addition to daily visits, of assisting at the prison from 
 4 to 5 p. m., to assist any hour of day or night when required by the warden with 
 cases that can not be cared for by internes or nurses, and in general to, perform all 
 duties which belong to the service. The order of watches may be changed by the 
 physicians, with written consent of the director. (3) Dictates to the internes the 
 medical prescriptions by \^ich they assist in the arrangement and the prescription 
 list. (4) Authorizes the certificate of decease, wounds, and whatever else is neces- 
 sary. (5) To see to it that the internes under his responsibility keep with exactitude 
 and clearness the order and prescription list and the book of certificates of wounds, 
 and to approve the prescription list with his signature on the day of his service. (6) 
 To give on occasion the information requested by judges and tribunals, the governor 
 of the district and legal medical men, and the medico-legal council. (7) To see that 
 the internes, the apothecary, and the nurses fulfill their duties. (8) To assist in 
 the councils of his colleagues and aid them in operations. (9) To repeat to the 
 director in writing any faults in the service which he has noticed, and dictate a 
 remedy which he believes proper. (10) To be present when appointed at capital 
 punishments and attest them. (11) To sign the daily book of service and of the 
 watches. (12) All other duties required by this regulation and other legal rules. 
 
 Art. 306. In preparing certificates the physicians shall provide with the greatest 
 prudence, fixing the details of each case with exactness, expressing the reason for 
 their judgment with the clearness necessary to make them the basis of further 
 medico-legal investigations. Physicians shall abstain from attesting with their sig- 
 natures any document made by internes, unless they have themselves made the 
 investigation necessary for an opinion, and then they are personally responsible for 
 their official acts. 
 
 Aet. 307. The physician of a watch is personally responsible for anything which 
 occurs while he is on duty, and he may not intrust his tasks to any other. 
 
 Internes. — Aet. 308. It is the duty of the internes: (1) To keep the watches in 
 exact turn, which they may not change without consent of the director, who shall attest 
 in writing. The watches shall be twenty-four hours, and shall be ended at 8 a. m., 
 and one may not leave his post until the person who is to succeed him has assumed 
 his place. (2) To certify in the proper book on the day of his watch that he has 
 been constantly present. (3) To do for the sick what technical knowledge requires, 
 and not intrust it to the nurses. (4) To write out clearly the orders, prescriptions, 
 and other data which must be made. These documents should be distinctly 
 written, without corrections, * * * avoiding blots. * * * (5) To accompany 
 the physician on his rounds of visits and execute his orders. (6) To write the 
 classified certificates of rounds, of decease, and passes to the hospital dictated by 
 the physicians. (7) To place in the prescription list the forms ordered by the 
 physicians. (8) To see that the nurses give the medicines to the prisoners who are 
 cared for in the infirmaries, and if they notice any fault, to advise the physician who 
 is on the watch. (9) To arrange when he comes on the watch a case of surgical 
 instruments and appliances, ready for use, a thermometer, a syringe, and a pair of 
 forceps. 
 
 Art. 309. The interne of the watch is responsible for all that occurs in the medi- 
 cal service, in the absence of the director and the physician of the watch. 
 
228 MODERN PRISON SYSTEMS. 
 
 Aet. 310. The interne of the watch shall not go from the prison for any reason, 
 shall assist in all cases and have immediate charge of a wounded person, in the 
 absence of the physician of the watch. 
 
 Art. 311. The interne shall advise in writing when it is necessary to summon the 
 physician of the watch, if the case is grave and above his skill, and the fa<;ts shall be 
 precisely stated. 
 
 Duties of the apothecary. — Aet. 312. The duties of the apothecary are: (1) To 
 attend to the medicines from 8 a. m. to 6 p. m. each day; (2) to make an inventory 
 in alphabetical order of all utensils and medicines in the store, and another book in 
 which shall be daily noted the medicines supplied; (3) to care for the neatness and 
 order of all that is in the shop; (4) to see .that no medicine is wanting and to give 
 due notice of needs; (5) to make and sign in a proper book the wanted medicines 
 and present it to the director for approval; (6) to make a monthly list of the medi- 
 cines received and used, and give to the warden, to be sent to the governor of the 
 district, a copy approved by the director; (7) to place in the record of all medicines 
 sent out the name of the prisoner and the use; (8) to give out no medicine which is 
 not prescribed by the physicians or by the interne of the watch; (9) to see that the 
 medicine and instruments remain in the shop. Medicines of value or dangerous 
 shall be kept under a key and he alone may remove it when needed. In the night 
 he gives the key to the interne who is responsible for giving medicines during the 
 night. 
 
 Aet. 313. The apothecary or whoever is responsible should replace anything lost 
 or broken by negligence or fault." These responsibilities shall be fixed by the 
 director. 
 
 Akt. 314. No one outside the medical service shall handle the utensils or the 
 medicines. 
 
 Aet. 315. The one in charge may have an assistant named by the warden on 
 approval of the director. One of the persons on trial who maintains good conduct 
 may be named assistant. 
 
 Nurses. — Akt. 316. In each infirmary there shall be a head nurse named by the 
 warden on the suggestion of the director, who shall be chosen from among the pris- 
 oners of good conduct. 
 
 Aet. 317. The head nurse must be able to read and write and have aptitude for the 
 discharge of his duty. His tasks are: (1) To accompany the physician on watch iu 
 his round of visits and take down the prescriptions for each prisoner; (2) to fulfill 
 all the orders of the physician on the watch and according to the prescriptions, and 
 in case of doubt to consult the interne of the watch; (8) personally to give the med- 
 icines to the nurses who assist in the infirmary; (4) to see that the assistants give 
 the medicines at the right time; (5) to treat the sick with kindness and meet their 
 wishes as far as possible; (6) to see that the assistants treat the sick in the same way; 
 (7) when the recipes are filled and signed to carry them, together with the vessels, to 
 the apothecary; (8) to distribute personally the medicines, first to the sick in the 
 infirmary, and then in order to each one who comes to him for counsel; (9) to watch 
 constantly that the beds, clothes, pans, instruments, and the infirmary in general 
 are in good order; (10) to execute the orders of the physician or interne relative to 
 the service; to give an account of new events which occur in his department; (11) 
 not to permit prisoners to enter the infirmai-y to talk with and disturb the sick, not 
 even to aid in the service, since no one should be in the infirmary except those who 
 have duties there; (12) to rise at any time in the night when their services are 
 needed; (13) to advise immediately the interne of the watch in respect to any event 
 which occurs relating to the medical service; ( 14) to take turns in the night with the 
 nurses in order to care for the sick; (15) to see that the care takers clean the infirm- 
 aries as many times as is necessary to keep them in a perfect state of cleanliness; ( 16) 
 to see that the care takers fulfill their duties, do not destroy the utensils and furni- 
 ture, giving information to the director of any offense which they commit, that he 
 may take the necessary steps; (17) to keep an inventory of the utensils and furniture 
 of his department, and to give each month a statement of their condition; (18) not 
 to lend or give objects which are in his care without a written order of the physician 
 or the interne of the watch; (19) to replace the utensils or furniture which are lost 
 or injured by his fault, according to the judgment of the director. 
 
 Aet. 318. There shall be at the service of each infirmary two nurses or care takers 
 designated by the warden on the suggestion of the director, who shall be under the 
 immediate orders of the head nurse, and be selected from among the prisoners of 
 good conduct. The duties of the care takers are : ( 1 ) To cleanse the utensils of med- 
 ical treatment and the infirmaries as many times as necessary; (2) to treat the sick 
 with kindness; he who transgresses this rule shall be deprived of his charge and be 
 punished by way of discipline; (3) to aid the sick in what is necessary -when they 
 can not get on alone; (4) to be on watch at night in exact turns. 
 
MODERN PRISON SYSTEMS. 229 
 
 Infirmaries. — Aet. 319. That a sick person may enter an infirmary requires an 
 order from the physician or interne in writing, to be inspected and approved. The 
 isolated prisoners, when sick, are cared for in their separate cells. 
 
 Aet. 320. No sick person shall remain in the infirmary a longer time than is nec- 
 essary to recover, in the judgment of the physician of the watch. 
 
 Aet. 321. All the sick shall remain in bed, and may rise in the day only when the 
 physician orders. 
 
 Aet. 322. No patient shall go to visit or to the tribunal when his infirmity pre- 
 vents, in the opinion of the physician. 
 
 Aet. 323. It is forbidden the sick to take into the infirmary articles, furniture, 
 tools, or work which cause trouble and disturbance. 
 
 Education. 
 
 General rules. — Aet. 155. In no penal establishment shall there be permitted 
 religious instructions or rites of any form. The inmates may receive in these estab- 
 lishments in extreme necessity the spiritual help of the religion which they profess. 
 They may also receive moral instruction without reference to any cult, and be visited 
 by the priests of their religion, so far as compatible with the order of the establish- 
 ment, previous permission from the administrative authority having been obtained. 
 Such permits shall not be conceded for a fixed time, and may be recalled by the 
 authority which issues them. The visits of the priests shall be made in the place 
 designated for others, and several convicts shall not be visited at the same time by a 
 priest. Moral conversations may be held simultaneously by several prisoners, but 
 there shall be no communication between them. For the purpose of this article 
 that shall be considered the religion of the prisoner which he professed at his 
 entrance. 
 
 Aet. 156. This regulation of this title shall be observed in all the penal establish- 
 ments of the district. In the general prison, in the penitentiary of Mexico, and in 
 the house of correction shall be observed also the special directions contained in 
 Title II of this regulation for the former, and those for the latter contained in their 
 respective regulations. 
 
 Aet. 157. When a rule is not given in. this regulation nor in those of the peniten- 
 tiary and the house of correction, the authorities on which the penal establishments 
 depend may regulate the service, as also the distribution of labor among the officers. 
 
 Instruction in th.e general prison. — Aet. 183. The instructions given to pris- 
 oners shall include reading, writing, and the first rules of arithmetic. 
 
 Aet. 184. Convicts who are ignorant of the matters enumerated in the previous 
 article on entering the section of the condemned, shall be aided in school. 
 
 Aet. 185. The convicts who assist in the school shall serve in it all working days 
 one or two hours, as the warden determines. This attendance is obligatory, yet the 
 warden may exempt any who are unable to attend for any reason or who can derive 
 no advantage from it. 
 
 Aet. 186. The work of the school shall not continue beyond 12 o'clock xmless more 
 time is necessary for the number of them to be instructed; in no case after 5 o'clock. 
 
 Aet. 187. As soon as the convicts have acquired the knowledge designated in 
 article 183 they shall cease to attend school. 
 
 Care of discharged, prisoners. — The. laws and regulations provide for both pre- 
 paratory and absolute release of convicts in the penitentiary of Mexico. Those who 
 have been released absolutely may receive the fund which they have earned; while 
 this fund is managed by a patronage society or by the director during conditional 
 release on parole. (Beglamento de la Penitenciaria de Mexico.) 
 
 ORGANIZATION OP THE ADMINISTRATION; SCOPE OF THE 
 SYSTEM AND ITS DIVISIONS. 
 
 [Report presented by the prison administration ol France, Actes du Congrfis ptoitentiaire interna- 
 tional de'Bruxelles, aofit 1900. Vol. IV, p. 4,15 ff.] 
 
 In France the penitentiary establishmehts are divided into three distinct classes: 
 The departmental prisons, the central houses, and the colonies for young offenders. 
 All are under the general direction of a prison administration and are subject to the 
 authority of the minister of the interior, in virtue of the law 10 vend(5miaire an IV. 
 
230 MODERN PEISON SYSTEMS. 
 
 The departmental prisons are designed for those arrested on suspicion (pr^venua), 
 those on trial (accuses), and for individuals sentenced for a short term.« By way of 
 exception those sentenced to a long term may be authorized, on their own request, 
 to serve it in a cell in these establishments. There is a departmental prison in every 
 district (arrondissement). 
 
 To the central houses are sent those condemned to a long sentence, yet exception 
 is made for men condemned to hard labor. These are transported to the territory of 
 a French colony, after having been brought together in a special establishment of 
 the metropolis, the D6p6t de St. Martin-de-R6, where they await the time for 
 embarking. 
 
 Among the establishments for long sentences may be mentioned the two peniten- 
 tiaries situated in Corsica, at Chiavari, and at Castelluccio, and especially reserved 
 for Arab convicts. These prisoners carry on agricultural labor. 
 
 The colonies set apart for young offenders receive minors convicted before the age 
 of 16 years and those who, being considered as having acted without discretion, are 
 acquitted but sent for correction. These establishments are divided into public 
 colonies, that is to say, directed and supervised by officers and agents of the State, 
 and private colonies, founded and conducted by individuals or free associations, but 
 placed under the control of the State. 
 
 A corps of officers arranged by ranks, named by the minister, is charged with the 
 administration and service of supervision of the various establishments of the 
 State. 
 
 The composition of the personnel varies according to the importance of the 
 establishments. 
 
 At the head of the large establishments, that is to say, in the central houses, and 
 in the departmental houses with a large population, is placed a director, who has 
 under his orders a controller, a steward, a head accountant, teachers, bookkeepers, 
 clerks of records, and a certain number of guards. 
 
 The controller assists the director in the general management, and is especially 
 charged with the industrial operations, discipline, receipt of food, etc. 
 
 The steward, found only in institutions with state account (r6gie) is occupied with 
 all the details of economic service,. such as storing and care of supplies, distribution 
 of food and other articles of daily consumption; in a word, he looks after everything 
 which relates to food, clothing, heating, and lighting, to raw materials and manu- 
 factured products. The steward has aa assistant for records the bookkeeper. 
 
 The head accountant (le greffier-comptable) is responsible for the roster, the 
 judicial records, and the documents of the convicts. He manages the cash accounts 
 of the state industry (r^gie) and those of the funds of prisoners. He attends to 
 payments. His conduct of affairs, as well as that of the steward, is inspected by the 
 court of accounts. Both give security. The head accountant has as an employee the 
 clerk of records. 
 
 The duty of the teacher is to give lectures and conduct discussions for the convicts, 
 and to teach illiterates under 40 years to read and write. 
 
 The directors, with some exceptions, administer for several departments. At 
 Paris and in the department of the Seine each director has under his authority only 
 one establishment. The same is true of the directors of the penitentiary colonies. 
 
 In these special houses the idea of repression disappears and gives place to the more 
 humane principle of education; and therefore the number of teachers in the estab- 
 lishments for young offenders has been considerably increased, and the positions 
 of controllers and head accountants in these houses are occupied by teachers, who, 
 outside their office work, give to pupils primary instruction in conformity with 
 official programmes. 
 
 There are no special schools for recruiting the administrative corps, but admission 
 to lower positions takes place only after an examination relating both to general 
 instruction, the elements of penal law, and public accounts. 
 
 To all penitentiary establishments are attached physicians and religious ministers. 
 Their services call for specific payments, and not for salaries with right to retiring 
 pensions. On the same conditions architects are appointed to care for the building 
 operations of the State. 
 
 So far as relates to the corps of supervision, it is recruited from among the veteran 
 soldiers, & and the number of applications is so large that a severe choice among can 
 didates is possible. The preference is given in the penitentiary colonies more {>ar- 
 ticularly to candidates who can teach trades. To avoid all confusion with the agents 
 
 aSentences to imprisonment for a year and a day and less in the cellular departmental prisons (Art 
 1 of law of June 5, 1875). 
 6 Americans should remember that France has an army in which all young men serve, if capable. 
 
MODERN PRISON SYSTEMS. 231 
 
 of central houses or of prisoners with short terms, the guards of the colonies are 
 clothed in a special uniform. 
 
 Elementary schools exist in all the large establishments for guards who aspire to 
 promotion in rank. The organization of these schools has been completed by the 
 creation at Paris of a superior school, to which are called the better pupils of the 
 elementary schools. The instructors of this superior school are chosen among 
 the general inspectors, the chiefs of the bureau of^the minister of the interior, the 
 directors of penitentiaries and certain of their assistants. A physician gives instruc- 
 tion in hygiene. The pupils receive detailed instruction in anthropometry for the 
 service of judicial identification. It is among the best students of this school that 
 recruits are found for positions as guards, clerks of accounts, and guards-in-chief. 
 
 The supervision of women is confided to persons of their sex, chosen by prefer- 
 ence from among the widows and daughters of officers who have died in the service, 
 or still more from members of orders (congr6ganistes), who are placed, for purposes 
 of the service, entirely under the orders of the personal administration of the estab- 
 lishment. Their supervision replaces that of the guards; is exercised under the same 
 conditions, in conformity with the general regulations. 
 
 It is scarcely necessary to say how hard, painful, and sometimes dangerous is the 
 service in penal establishments. 
 
 The Government has also offered to persons in the active service, to those who are, 
 day and night, in direct contact with the prisoners, the prison medal, which is given 
 to the most meritorious after a certain number of years of service. The person so 
 distinguished receives an extra allowance of 60 francs per year. 
 
 The control of the personnel and of different prison services is confided to a corps 
 of general inspection of administrative service. 
 
 Seven general inspectors annually visit the penitentiary establishments, and send 
 their reports and proposals directly to the minister. 
 
 They prepare for each establishment a special report. These officials may also be 
 charged with extraordinary missions; they may even be sent abroad on special 
 duties. In addition to their circuits they unite in council with the minister of the 
 interior, and give their views on questions which are submitted to them by the central 
 administration. The houses of women and girls are visited every year by a woman 
 inspector-general, and by two ladies added to the general inspection. 
 
 An architect, invested with the title of inspector-general, fulfills duties in relation 
 to building. 
 
 HOUSES OF DETENTION (d'aER&t), OF JUSTIOB, AND OF CORRECTION. 
 
 Penitentiary system. — While the establishments for long terms are installed in 
 buildings and on lands belonging to the State, the permanent property employed by 
 prisons for short sentences are departmental property. It was in the year 1811 that 
 this assignment of ownership was made, and the intention was to lay upon the 
 department the charges which it implied. 
 
 The departmental prisons are classified as follows: 
 
 The houses of detention where are confined those arrested who are placed under a 
 writ of detention or held under a writ valid for twenty-four hours. 
 
 The houses of justice where are confined persons accused who are to be brought 
 before the court of assizes. 
 
 The houses of correction where the convicts are subject to sentences of one year or 
 less (houses of correction, in common) ; of a year and a day and under (houses of 
 correction, cellular) . 
 
 The houses of correction on the cellular plan comprise, in addition, those con- 
 demned to an imprisonment above a year and a day who have obtained from the 
 minister of the interior permission to serve their terms in cells. 
 
 The departmental prisons contain furthermore in special quarters: Those confined 
 for debts, in affairs of a criminal, correctional, or police nature (law of July 22, 1867, 
 on physical restraint) ; certain civil and military transients. The French territory 
 being divided into 360 districts (arrondissements) , there is in each district a house of 
 detention and of correction, and further,' a house of justice where the district has a 
 court of assizes. 
 
 The houses of detention, of justice, and of correction of the same district usually 
 occupy distinct quarters in the same buildings; yet, in some large cities, the various 
 houses are installed in separate buildings. 
 
 The reform of prisons for short sentences proposed by a parliamentary enqu^te con- 
 ducted in the years 1871-1874, in relation to the prison system of France, was made 
 effective by the law of June 5, 1875. 
 
 The purpose of this law has been to substitute in the departmental prisons the sys- 
 tem of separate imprisonment for the system of congregate imprisonment, in which 
 
232 MODERN PEISOlir SYSTEMS. 
 
 investigation had revealed numerous inconveniences. Yet this change was depend- 
 ent on the transformation of departmental prisons. The law of June 5, 1875, has 
 provided an allowance by the State of subsidies designed to aid the departments in 
 this work of transformation. There exist in France at this time 39 cellular prisons, 
 of which some are of great importance, as the Sant6, at Paris, and the Fresnes-les- 
 Rungis (Seine), which contain altogether 3,000 cells. The entire number of cells for 
 prisoners is about 6,500. This same law has provided for the formation of a superior 
 council of prisons, whose important powers have been finally fixed by the decree of 
 January 26, 1882. This council, composed of the most competent high officials and 
 members of Parliament, .is required to follow up the application of the law relating 
 to the system of separate confinement. It also gives its opinion on questions sub- 
 mitted to it by the minister of the interior. 
 
 The particular regulations applicable to the cellular system were approved by the 
 superior council of prisons in 1881. This regulation stipulates that all communication 
 between prisoners is prohibited during the entire period of their imprisonment, to 
 whatever class they belong. Individual separation is secured by waiting cells at 
 arrival, the cells of labor which are also designed for rest, the cellular yards, and the 
 use of a mask when the men go about the interior of the prison. 
 
 Another law, that of February 4, 1893, whose purpose it is to promote the improve- 
 ment of prisons for short sentences, gives to the Government the right to condemn the 
 house which does not satisfy the indispensable requirements of Ijygiene, morality, 
 good order, and security. It also permits the State to release the departments from 
 a part of the costs if they amicably cede to it their proprietorship in their prisons. 
 
 The departmental prisons are grouped in districta each embracing two or more 
 departments and administered by a director under the authority of the prefects of the 
 departments concerned. Rounds of visits give the director the opportunity to watch 
 over each prison, which is provided with a guard in chief and a number of agents of 
 surveillance, according to the number of inmates. He renders an account of his 
 visits to the prefect respecting the prisons of his department, as well as of every matter 
 of daily importance. The prefect exercises power which belongs to him in all the 
 prisons of his department. He authorizes and orders the expenses of maintaining 
 the convicts, controls the accounts of expenses ordered by the director of the district, 
 estimates the rates of supplementary provisions and clothing, the ratesof hand work, 
 hands down the authority for introducing industries, for entering prisons and visiting 
 prisoners, approves the fines for breakage and injury, etc. 
 
 The subprefect shares in the control and the administration of the prison, which is 
 situated in the chief place of his district, particularly in all which concerns the serv- 
 ice of the guard-in-chief, the permission to officers to go out of the institution, per- 
 mits to visit prisoners, provisional authority for industrial operations,, rates for hand 
 work, the transfer of sick convicts to the hospital, the disposition of funds deposited 
 by the guards-in-chief at the office of finances, the verification of accounts and records. 
 
 R61e of judicial authority. — Although the service of prisons belongs to the powers 
 of the minister of the interior, the judicial authority intervenes in the control and 
 supervision of houses of detention, justice, and correction. 
 
 If the prisoners whose condemnation has been determined are merely under control 
 of agents of prison administration, this is not true of suspects and prisoners on trial, 
 who are not only in the hands of justice but remain subject to judicial authority 
 during the preventive detention. Thus the judge of instructions signs and attests 
 the registered list of the house of detention, requires interdiction of communication, 
 inspects permits to visit the prisoners, receives, on request, the letters written or 
 received by them, approves the transfer to the hospital of sick prisoners. 
 
 The attorney (procureur) of the Republic, as an ex-offido member of the commis- 
 sion of supervision of the prison of the city where he resides, can exert an influence 
 on the conduct of the service. He gives his advice on propositions which emanate 
 from the administration in all which relates to pardons, conditional liberation, pro- 
 visional liberation of young convicts, and the maintenance in the departmental 
 prisons of those serving more than one year. 
 
 It is superfluous to suggest that at the court the procureur-g^n^ral has the same 
 powers as the procureur of the Republic in the judicial district (arrondissement). 
 
 The president of the assizes, on his part, signs and attests the register of the house 
 of justice, and at each session visits the persons there detained. 
 
 The president of the tribunal, as the procureur of the Republic, takes part in the 
 commission of supervision of the prison of his jurisdiction. In the absence of the 
 president of the assizes, he signs and attests the registered list of the house of justice. 
 He delivers also the order for incarceration of minors by way of paternal correction. 
 
 Commissions of supervision. — The commissions of supervision to which, accord- 
 ing to circumstances, belong the first president and the procureur-g6n6ral, the presi- 
 
MODEEN PRISON SYSTEMS. 233 
 
 dent of the tribunal and the procureur of the Eepublic, are commissioners of control 
 of services_ and not administrative commissioners. They give their opinions in 
 respect to improvements to be introduced into the prisons. Outside of the repre- 
 sentatives of the tribunals, the commissions of supervision, named by the prefects, 
 generally include the mayor of the city and the cur6 of the parish, members of the 
 general council, departmental inspectors of assisted children, as well as persons well 
 known in connection with charitable labors. At their meetings the prefects or sub- 
 prefects preside. 
 
 Sentences. — The custom of pronouncing repeated short sentences exists in France 
 in face of the counsels of competent men, who place short sentences among the causes 
 of recidivism. At the same time the law of March 26, 1891, permitted the increase 
 of penalties and defined a special form of recidivism by the side of general recidivism. 
 
 This same law authorizes the suspension of the sentence when the culprit has not 
 served a sentence previously in prison for crime, and for common law misdemeanor 
 (conditional sentences). These sentences may, when certain conditions meet, 
 accumulate up to the maximum of penalty permitted by law. Indeterminate sen- 
 tences have not been yet introduced into France. 
 
 Altogether, French penal legislation has, since about twenty-five years, shown 
 some satisfactory results in respect ta diminution of criminality. 
 
 The law of June 5, 1875, made cellular confinement obligatory for those arrested 
 on suspicion (pr^venus), those on trial (accus&), and those condemned to terms of 
 one year and one day or less. The law of May 27, 1885, requires the relegation of 
 hardened recidivists. The law of August 14, 1885, institutes conditional liberation, 
 assisting restoration, and giving a new impetus to patronage. The law of March 26, 
 1891, introduced the diminution of penalties for first offenders (suspension of sen- 
 tence), and permitted the increase of penalties for recidivists (special recidivism). 
 The law of November 15, 1892, allowed the term of preventive incarceration to count 
 on the duration of sentence. 
 
 Other and more recent laws tend in the same direction. The law of December 8, 
 1897, on preventive detention and "instruction contradiction." The law of April 
 19, 1898, on violence, assaults, acts of cruelty, and attempts upon children, and the 
 possibility of confiding the guardianship of children, in case of misdemeanors com- 
 mitted against them or by them, to charitable persons or institutions. The law of 
 August 9, 1899, on judicial decision and rehabilitation in rights, in certain cases 
 specified in the law. 
 
 One observes a sensible diminution if one compares the totals of the years 1874 
 and 1897, taken as terms of comparison for this period of twenty-five years. The 
 total populations of the various prison establishments of France were: 
 
 Institutions. 
 
 Prisoners — 
 
 In 1874. 
 
 In 1897. 
 
 Central houses 
 
 22,168 
 
 24,186 
 
 9,553 
 
 9,442 
 18, 426 
 
 
 
 6,614 
 
 
 
 65,897 
 
 33,482 
 
 This shows a decrease of at least 22,415 prisoners. But it should be remarked that 
 this considerable diminution may be attributed in part to the appUcation of the law 
 relating to the relegation of recidivists, which, since 1885, has removed from the 
 prisons of the metropolis a very large number of habitual criminals. 
 
 Also, the diminution observed in the average number of prisoners does not corre- 
 spond to a lowering in equal ratio in the number of crimes and misdemeanors; for, 
 outside the well-known tendency of the various courts to show themselves less 
 severe in regard to young delinquents, we must remember that the allowance of the 
 time of detention on trial in the sentence period has diminished the days of the 
 latter very greatly. At the same time the misdemeanants who have benefited by 
 the suspension of sentences have raised the number of misdemeanors without 
 increasing the population of prisons. Nevertheless, if the diminution of crimes and 
 misdemeanors has been less rapid than that of the prison population, it is still 
 worthy of attention. 
 
 From the number of prosecutions (206,326) in 1894, there was a gradual descent to 
 188,761 in 1897 and to 186,000 in 1898. The difference has been more than 20,000 
 cases in four years (about 10 per cent). This numerical decrease relates not only to 
 unimportant offenses, such as infractions of the fishing ordinances (9,237 in the last 
 
234 MOBEEN PRISON SYSTEMS. 
 
 year, inBtead of 11,640 in the preceding year), whose statistical fluctuations manifest 
 the greater or less rigor of repressive measures. It relates also to more serious mis- 
 demeanors; not to theft, it is true, whose figure has risen slightly (32,806, instead of 
 32,695); nor to abuse of trust, whose figure has scarcely varied (4,333, in place of 
 4,308), but to swindling (2,993, in place of 3,100) and to prosecutions for vagabond- 
 age (13,979, instead of 15,009). Blows and wounds,, which increased up to 1896, pre- 
 sent also a slight diminution in 1897 (26,432, instead of 26,482). (Criminal Statis- 
 tics, 1897). 
 
 Works, books, pamphlets, and memoirs of importance published during 
 recent years on penal and penitentiary questions. — In addition to annual sta- 
 tistics, the penitentiary administration of the metropolis since the last Congress has 
 caused to be printed: (1) The Laws, Decrees, Regulations, and Circulars Relating to 
 the Service of Prisons; (2) An analytic Register of Penitentiary Documents. The 
 department of the Seine has published: (1) An Album of Plans of the new Cellular 
 Prison at Fresnes; (2) a complete description of this establishment. The colonial 
 penitentiary administration has continued to print its annual accounts of transporta 
 tion and relegation to Guiana and New Caledonia. 
 
 CENTRAL HOUSES OF HARD LABOR (dE PORCe) AND OP CORRECTION. 
 
 Prison system. — The central houses, established by a decree of June 16, 1808, 
 are, with all other prison establishments, placed under the authority of fhe min- 
 ister of the interior. They are divided into central houses of hard labor and cen- 
 tral houses of correction. In the central houses of hard labor men are subjected to 
 reclusion, and women to reclusion and hard labor. (Arts. 16 and 21 of Penal Code. ) 
 In the houses of correction the penalty of imprisonment for one year to ten years is 
 executed. (Art. 40 of Penal Code. ) There are in France 10 central houses for men 
 and 3 central houses for women. The houses reserved for men are at Poissy, Melun, 
 Beaulieu, Gaillon, Fontevrault, Riom, Nimes, Thouars, Loos, and Clairvaux. Women 
 are sent to Clairmont, Rennes, and Montpellier. The penalty of "detention," pro- 
 nounced by the military tribunals, is executed in a special quarter of the central 
 house of Clairvaux. The system of the central houses is that of congregate life. 
 Some establishments have cells for night. 
 
 On December 31, 1897, the population of the central houses was divided as follows: 
 
 Men 8, 484 
 
 Women 1, 008 
 
 Total 9, 442 
 
 Establishments for young offenders. — At various times in all countries legis- 
 lation has established a difference between the penal responsibility of the adult 
 and of the child. The principles of Roman law have influenced modern lawmakers. 
 The capacity for discernment has been thus defined: "The legal power to discrim- 
 inate which an individual is thought to possess in relation to the criminaUty of the 
 action which he has committed." The Roman law fixed, 10 J years as the limit of age 
 under which a child was declared incapable of having a will. At 14 years minors 
 were considered to be capable of discernment and could be condemned even to cap- 
 ital punishment. In the reign of St. Louis children were condemned to the lash 
 and to a fine when over 14 years. The whip was added to imprisonment (ordinance 
 of 1268) and also, according to the nature and gravity of the crime, "exposition," 
 which consisted in hanging under the arms. 
 
 In 1545, under Francis I, corporal chastisements were suppressed. Mendicant and 
 vagabond children were shut up in asylums or were instructed and made moral. 
 When they came out they w£re placed with farmers and artisans. One finds at this 
 period the system of placing children with individuals, a system which in our own 
 day yields such good results. 
 
 In 1568 some new and rigorous measures were taken with minor delinquents. 
 Boys and girls who gave themselves to mendicancy were shut up, without a time 
 limit, in the establishments of the Bicfitre and of the Salp6triSre. The whip was the 
 oflBcial means of correction. The general hospital served as a place of punishment 
 for the children whose parents, guardians, or the cur6 of the parish declared to be 
 disrespectful, lazy, or inclined to debauch. 
 
 They were the first young prisoners under paternal correction. But these means 
 having been recognized as insuflacient in respect to young persons in a family which 
 behaved ill, they began to export them to the island of D^sirade (Antilles). 
 
 The constituent af^sembly established a more humane legislation, more conformed 
 to moral progress. The decree of September 25 and October 6, 1791, replaced corporal 
 
MODERN PRISON SYSTEMS. 235 
 
 chastisements with special education. It opened the question of discernment, and 
 made the minors prosecuted for crimes and misdemeanors liable to a correctional 
 control. 
 
 The Penal Code of 1810 has retained these liberal provisions in its articles 66, 67, 
 and 69, abolished public "exposition," which the decree of September 25 and Octo- 
 ber 6, 1791, h?id retained for minors whose age saved them from capital punishment. 
 
 The decree of July 19 and 22, 1791, had specified that young people under 21 years 
 of age, incarcerated for paternal correction, in conformity with articles 15, 16, and 17 
 of the decree of August 16, 1790, were to be shut up in a house of correction. 
 
 Articles 375 and following of the present Civil Code regulated the exercise of the 
 right of paternal correction. 
 
 In a report addressed to the national convention by one of its members the prisons 
 were thus described: "Unclean sewers, where women and children, young and old 
 men, of all ages, all conditions, innocence and criminality, were mingled in monstrous 
 confusion." 
 
 The convention, wishing to put an end to this situation, decreed (Frimaire 26, an 
 III) that all prisoners of 16 years and above should be placed under the control of 
 the marine commission, to be employed in the manner which it judged most useful 
 to the Republic. This decree was very imperfectly executed. 
 
 Under the directory the condition of prisons was not improved; but the imperial 
 government realized the purpose of the law. 
 
 The French law assumes as a principle that before the age of 16 years the delin- 
 quent is not responsible for his acts. The judge is to inquire whether he has acted 
 with or without discernment. 
 
 We repeat here the texts of the Penal Code which apply to this special class of 
 delinquents: 
 
 Aet. 66. When the accused is under 16 years of age, if it is decided that he has 
 acted without discernment he shall be acquitted; but he shall be, according to cir- 
 cumstances, sent back to his parents, or conducted to a house of correction to be 
 brought up there and detained such a number of years as the judgment shall deter- 
 mine, and which shall not exceed the time when he completes his twentieth year. 
 
 Art. 67. If it is decided that be has acted with discernment the penalties shall be 
 pronounced as follows: If he has incurred the death penalty, hard labor in perpetu- 
 ity, deportation, he shall be condemned to a penalty of ten to twenty years' impris- 
 onment in a house of correction. If he has incurred the penalty of hard labor for a 
 time of reclusion, he will be condemned to be incarcerated in a house of correction 
 for a period equal to at least a third and at most one-half of that for which he might 
 have been condemned to one of these penalties. In any case he may be placed, by 
 order or judgment, under the surveillance of police at least five years and ten years 
 at most. [The penalty of surveillance by police was suppressed by law of May 27, 
 1885. It has been replaced by prohibition of the condemned to appear in places 
 indicated by the Government at time of his liberation.] If he has incurred the pen- 
 alty of civic degradation or of banishment he will be condemned to be shut up, one 
 to five years, in a house of correction. 
 
 Aht. 68. An individual aged less than 16 years, who has no accomplices above 
 this age, and who shall be arrested for crimes other than those which the law pun- 
 ishes with death, or with hard labor for life, or with deportation or detention, shall 
 be judged by the correctional tribunals, which shall be governed by the articles 
 above. 
 
 Aht. 69. In all cases where the minor is under 16 years of age, has committed only 
 a simple misdemeanor, the penalty pronounced against him shall not be fixed at 
 more than one-half that of a prisoner above 16 years. In addition to minors who 
 have committed real violations of the penal law, misdemeanors or crimes, those who 
 have given to their fathers, mothers, or guardians grave reason for dissatisfaction 
 may be shut up within penitentiary establishments. By minors, as here understood, 
 are meant not only individuals aged less than 16 years, but also those who have not 
 attained the age of 21 years, the time of civil majority. The right of paternal correc- 
 tion is exercised in a different way in regard to each. 
 
 Civil Code, Title IX; of paternal power. — Art. 375. The father who has grave 
 reasons for dissatisfaction with the conduct of his child shall have the following 
 means of correction: 
 
 Art. 376. If the child is under 16 years the father may have him incarcerated for 
 not more than one month, and to this end the president of the district shall, on his 
 request, make out an order for arrest. 
 
 Art. 377. After the 16th year, up to majority or emancipation, the father may 
 demand the incarceration of his son during six months at most; he shall make his 
 request to the president of the tribunal, who, after having conferred with the pro- 
 
236 MODERN PRISON SYSTEMS. 
 
 curer of the Republic, shall make out the order for arrest, or refuse it; and, in the 
 former case, may shorten the time of detention requested by the father. 
 
 Akt. 378. In neither case shall there be an.y record or judicial formality, except 
 the order for arrest, in which the reasons for arrest are not given. The father alone 
 shall agree to pay all expenses and furnish suitable food. 
 
 Akt. 379. The father always has power to shorten the time of detention requested 
 by him. If, after release, the child falls into waywardness again, the detention may 
 be renewed in the manner prescribed in preceding articles. 
 
 Aet. 380. If the father remarries he shall be required, in order to arrest a child of 
 the former marriage, even when under 16 years of age, to conform to article 377. 
 
 Akt. 381. The surviving mother, not remarried, may not cause a child to be arrested 
 except with the consent of the nearest relatives on the father's side, and by way of 
 requisition, according to article 377. 
 
 Art. 382. When a child has personal property or an estate he may not be arrested, 
 even under 16 years of age, except by way of requisition in the form prescribed by 
 article 377. The arrested child may address an appeal to the procureur-general of the 
 court of appeals. This court shall render an account by the procureur-general of the 
 Republic to the tribunal of the first instance, and make a report to the president of 
 the court of appeal which, after having given notice to the father, and after having 
 collected all information, shall be able to revoke or modify the order delivered by 
 the president of the tribunal of first instance. 
 
 Akt. 383. Articles 376, 377, 878, and 379 shall be common to the father and mother 
 of illegitimate children legally recognized. 
 
 Art. 468. The guardian who has grave reasons for dissatisfaction with the conduct of 
 a minor may carry his complaints to a family council, and, if he is authorized by this 
 council, may demand the arrest of a minor, in conformity with the statute, by virtue 
 of the paternal power. 
 
 In 1808 the organization of central houses was ordered in a way to separate the 
 sexes and classes. In 1817 special quarters were set apart for young offenders in the 
 central houses, but the buildings of the departmental houses being small and not per- 
 mitting this separation, the children remained mingled with adults. 
 
 It was at this time that the Royal Society of Prisons was founded, which organized 
 moral and religious instruction for young prisoners and also professional instruction. 
 It led to the formation of societies of charity, charged with securing employment for 
 young prisoners at their release. This was the beginning of societies of ' ' patronage. ' ' 
 
 In 1830 the Government began the study of a project for constructing, at Melun, a 
 central establishment for correctional education; but the council of state decided that 
 this establishment was of too large proportions, and that houses of smaller population 
 were more favorable to the moral betterment of children. 
 
 At this time the question of mixed houses, industrial and agricultural, occupied 
 the public mind. It was thought that field work, life in open air, was more favor- 
 able to the moral and physical regeneration of children enfeebled by misery and 
 precocious vice. 
 
 The first private establishment for young prisoners was founded in 1827 at Paris 
 by the Abb6 Auzoux. It did not continue many years. Recidivism of young people 
 from this house, it seems, had not been above 10 per cent. 
 
 In 1832 took place at Paris the opening of a special quarter at Madelonnettes and 
 the special establishment of the Petite-Roquette. This same year a ministerial cir- 
 cular recommended, for young prisoners, placing in apprenticeship with individuals, 
 returning thus, after three centuries, to the humanitarian thought of the ordinance 
 of 1545. In this circular the minister expressed himself in this fashion: "Before 
 establishing for a general rule that which has been practiced hitherto only in excep- 
 tional cases, I have examined, in concert with the keeper of the seals, the question of 
 legality. We have recognized that the form of detention ( espece de detention ) , author- 
 ized by article 66 of the Penal Code, and ordered by judgments whose first provisions 
 pronounce the acquittal of arrested persons, is not a penalty and ought to be consid- 
 ered a police measure to correct education (orders of cassation, April 17, 1824), or 
 finally as a supplement to domestic correction (order of cassation, August 16, 1832). 
 It follows that the Government may cause it to end or to mitigate its effects without 
 referring to royal clemency whose intervention is necessary only in case of punish- 
 ments in the strict sense. Nothing therefore prevents the supervision and education 
 of children being regulated by administrative measures." 
 
 In 1839 three establishments were simultaneously created: (1) The house of cor- 
 rectional education at Bordeaux, organized by the Abb6 Dupuech; (2) the house of 
 correctional education, created by the Abb6 Fissiaux; (3) the colony of Mettray, 
 founded by Messrs. Demetz and Bretigniferes, of Courteilles, who were inspired by 
 similar establishments which they had visited in North America. These institutions 
 brought the question of young offenders to a new phase. 
 
MODBElSr PRISON SYSTEMS. 
 
 237 
 
 Numerous private establishments were organized in France. In 1846 M. Lucas, 
 inspector-general of prisons, installed, with his own means, an agricultural colony at 
 Vat d' Yfivre, near Bourges, an establishment which the GDvernment afterwards took 
 over, and of which it became proprietor in 1872. 
 
 The penitentiary administration organized special quarters in auxiliaries of central 
 houses of Fontevrault (1842), Clarivaux (1843), Loos (1844), Gaillon (1845), with 
 outside agricultural occupations. The creation of houses and special quarters for 
 young prisoners introduced correctional education in a definite form through the law 
 of August 5, 1850. This law fixed for the first time, after the code of 1810, the special 
 establishments in which the young offenders of various classes were to be incarcer- 
 ated. It prescribes especially that minors of both sexes are to receive moral, religious, 
 and professional education (art. 1); that a distinct quarter must be set apart for 
 them in houses of detention and trial (art. 2); that young prisoners acquitted by 
 virtue of article 66 of the Penal Code as having acted without discernment, but not 
 returned to their parents, are to be conducted to a reformatory colony, where they are 
 .brought up in community under a severe discipline and assigned to agricultural and 
 industrial occupations (art. 3); one or more correctional colonies are established for 
 young prisoners who must serve more than two years' imprisonrnent, as well as those 
 who, in reformatory colonies, have been declared to be insubordinate (art. 10). 
 
 The regulation of November 11, 1885, has established in articles 29, 30, and 31 
 rules applicable to minor prisoners accused or condemned for less than six months 
 and those detained by way of paternal correction. The regulation of April 10, 1869, 
 has, in article 121, specified the measures to be taken in regard to minors detained 
 for paternal correction. 
 
 According to the decree of November 11, 1885, every prisoner under 16 years must 
 be completely isolated, day and night, from all adult prisoners; This rule is applied 
 equally to children who come under articles 66, 67, and 69 of the Penal Code who 
 are confined for less than six months and those who await their transfer to an estab- 
 lishment of correctional education. 
 
 Minors confined for paternal correction conformably to article 375 (and following) 
 of the Penal Code are placed in special quarters of the house of detention, of justice 
 and of correction, and must be isolated day and night. 
 
 The procedure, so far as relates to food and maintenance of minors, is the same as 
 that relating to prisoners for debts to individuals in matters of bankruptcy. 
 
 No mention is made in the registers, budgets, and records of the convict population 
 and the industries or of the presence in the prison of minors confined for paternal 
 correction. (Art. 378 of Civil Code.) 
 
 The guard in chief confirms the legality of the detention by producing the order of 
 arrest delivered or served by the president of the civil tribunal. 
 
 On December 31, 1897, the departmental prisons contained a population of young 
 offenders so divided — 
 
 Paternal correction 
 
 Minors detaiiied on appeal 
 
 Condemned for six months or less . 
 Tried, awaiting transfer 
 
 Boys. 
 
 Girls. 
 
 30 
 
 37 
 
 149 
 
 32 
 
 14 
 
 3 
 
 53 
 
 23 
 
 67 
 
 181 
 
 17 
 
 On December 31, 1899, the public establishments held- 
 
 Boys . 
 Girls 
 
 Total 
 
 The private establishments- 
 
 Boy.s 
 Girls 
 
 13 
 
 7 
 
 Total . 
 
 20 
 
 The general regulation of April 10, 1869, has been applied up to this day. At the 
 same time those of its provisions whicli relate to disciplinary measures have been 
 recently modified. 
 
238 MODERN PRISON SYSTEMS. 
 
 TREATMENT OF PRISONERS. 
 
 Eeception of Prisoneks. 
 
 (See Duties of physician, etc. in Appendix. ) 
 
 KuLEs OP Conduct. 
 
 (See "Disciplinary measures," post.) 
 
 DisciPLiNAEY Measures. 
 
 CENTRAL HOUSES. 
 
 Discipline. — The discipline of the central houses' is regulated by a ministerial 
 order of May 10, 1839. It is based on obligatory labor and the rule of silence. 
 
 Disciplinary justice ia organized under a tribunal. It is administered by the director, 
 assisted by the controller and teacher. After the disciplinary hearing, the director, 
 assisted in the same manner, hears the prisoners, if it ia neceasarjr, in their requests 
 or complaints. Grave misdemeanors and crimes are referred to tribunals. 
 
 The regulation punishments inflicted by the council are: Reprimand, deprivation 
 of reading and of correspondence, of visits from family, of purchase of supplementary 
 food, of food other than bread for three consecutive days, the hall of discipline 
 (marching and rest alternately), isolation for a period not exceeding ninety days. 
 In case of madness, gross violence, irons are authorized by article 614 of the Code of 
 Criminal Instruction. 
 
 Discipline for juvenile offenders. — The idea of repression has yielded place to 
 the more humane principle of education, and the articles of the general r^ulation 
 (99-110), touching disciplinary methods, have. been replaced by the following arti- 
 cles, applicable since July 15, 1899, to houses of reformatory education both public 
 and private: 
 
 Revrards. — Art. 90. Rewards authorized are as follows: Inscription on a tablet of 
 honor; a table of honor, reports offered to certain groups: supplementary food; good 
 marks; grades (various insignia) ; employments of trust; special promenades; praise 
 by name or in public; jjrize in money or goods; granting of savings-bank books; dis- 
 tribution of toys and trifles; admission to a special quarter of rewards; placing with 
 some persons; engagement in army or navy; return to family. No other rewards 
 can be used without special authority of the ministry. 
 
 Art. 91. Inscription on the tablet of honor is exclusively reserved for pupils who 
 in the course of the semester have not incurred any punishment of any kind. This 
 inscription gives a right to a special repast called "table of honor," and to the wear- 
 ing of a stripe or of a badge. Pupils inscribed on the tablet of honor are also per- 
 mitted to enjoy an extra award. Measures of favor are granted them by preference. 
 
 Art. 92. The table of honor includes only pupils inscribed on the "tablet of 
 honor." Others also may take part in a special repast — pupils of higher grades, 
 those who have obtained certificates for primary studies, diploma of the accountant, 
 or medal for competition in agriculture, music, etc. Repasts by groups are also con- 
 nected with epochs in the year fixed by local customs for pupils employed in work- 
 shops, field occupations, music, etc. Supplementary food may be individual or 
 collective. 
 
 Art. 93. Good marks are of two kinds: (1) Good marks granted for work which 
 has a value in currency, whose product serves to form for the pupil a small fund, 
 which is given him, part at his legal majority or at his release from military service 
 (as cited in article 97); (2) good marks granted for the sake of encouragement and 
 giving a claim on articles valued by youth — supplementary foods, as wefl as release 
 from certain punishments. 
 
 Art. 94. The grades are designed to facilitate military and gymnastic exercises and 
 various movements prescribed in the interest of good order and regularity of services. 
 The grades and employments in confidence do not confer any disciplinary authority 
 over other pupils. The grades, confidential employments, various badges, may give 
 claim to award of special favors in articles or in money. 
 
 Art. 95. Placing in families, in the army, or return to family, requires an order from 
 the ministry, upon advice of the director and of the prefect. The contract for hire 
 of pupils placed out should stipulate that the gratuity in money given by the patron 
 under the clauses of the contract shall be deposited, aa a gift, with the National 
 
MODBKN PRISON SYSTEMS. 239 
 
 Savings Bank, whence it can be withdrawn only at times fixed by article 97. At 
 the same time the contract may specify that a part of the sum may be devoted to 
 maintenance of the pupil. 
 
 Akt. 96. Admission into the quarter of reward is granted by the minister, upon a 
 report of the director of the establishment, and advice of the prefect. The system 
 of this quarter is regulated hy special provisions. 
 
 Art. 97. Sums granted in the house to pupils for gratuities, in recompense for their 
 labor and good conduct, are inscribed in the account of each pupil. If, at the end of 
 a year, the amount is above 20 francs, the surplus is turned into the National Savings 
 Bank, under the express condition that it shall not be repaid until release from 
 military service; or, if the pupil is not bound to enter the army, at the time of his 
 legal majority. The holders of these books can not obtain payments before the 
 periods mentioned above, except by authorization from the ministry, or, according 
 to circumstances, from the president of the "society for the protection of voluntary 
 pupils brought up under the administration instruction." 
 
 Aet. 98. Each year, on the occasion of the national holiday, and at least a month 
 before that occasion, the chiefs of establishments send to the ministry a list of 
 pupils who are to be released. Other provisional releases may be granted in the 
 course of a year upon the advice of chiefs of establishments. 
 
 Punishments. — Art. 99. — It is expressly forbidden to strike pupils or use force 
 with them. 
 
 Art. 100. The only authorized punishments are: Privation of general awards and 
 of individual compensation (erasure from tablet of honor, loss of badges, confiden- 
 tial employments, etc.); privation of recreations; privation of visits (only in very 
 exceptional cases) ; isolation during recreation; march in rank during recreation ; tasks; 
 bad marks; reprimand; isolation during repast; camp cot (only forpupils over 15 years) ; 
 dry bread; dry bread, strictly; group of discipline; the cell of punishment; sendingto 
 a correctional colony. The use of handcuffs is forbidden as a measure of punish- 
 ment. They may be employed only in cases determined by article 614 of the Code 
 of Criminal Instruction. Escape may incur a partial or total loss of gratuities. In 
 this case it is fixed by the minister on the proposal of the director and advice of the 
 prefect. Reparation of damages may be levied on the funds of the pupils. 
 
 Art. 101. Bad marks may cause the loss of good marks granted for encouragement. 
 The rules actually followed in the houses of public reformatory education in respect 
 to the formation of a fund of pupils are applicable in the private houses of reforma- 
 tory education, at least in their essential parts. The same holds true of modifica- 
 tions which may appear useful to make in these rules. 
 
 Art. 102. Children punished by isolation during the repast eat in the refectory at 
 the same hours as the other pupils, but at a table apart. Punishments of ' ' dry 
 bread," and of "dry bread with rigor" are inflicted in the following manner: "Dry 
 bread:" Children receive soup in the morning, dry bread at noon, and a mess in the 
 evening. "Dry bread with rigor:" Children receive soup in the morning, dry 
 bread at noon, and soup in the evening; or soup in the morning, dry bread at 
 noon and in evening. These punishments are never applied two consecutive days. 
 If the punishment is for several days, the ordinary food is in all cases given 
 every other day. If the punishment is to continue over seven days (that is, a 
 period of fourteejn days) the physician must be consulted to know whether the pun- 
 ishment can be prolonged without detriment to the health of the pupil; and all is 
 under the observation of the physician. These punishments on dry bread are 
 inflicted for refusal to work. 
 
 Art. 103. Children sent to the group of discipline are placed, in the evening, in a 
 special dormitory. They are busy in the daytime with the tasks of the establish- 
 ment, form distinct squads for the fleld work, and during the recreations are not 
 mingled with the other pupils. They take their repasts in a special hall. The pun- 
 ishment of the group of discipline may be applied, according to the gravity of the 
 ofiense committed, with complete dietary, with dry bread, and with ordinary bed, 
 or with camp couch. 
 
 Art. 104. Placing in the cell of punishment is employed only for the most grave 
 offenses. When the duration is to exceed fifteen days, information is given immedi- 
 ately to the prefect as well as to the minister, whose approval is necessary. No cell 
 can be used as a place of punishment until the minister has assured himself that it is 
 wholesome, has decided upon the site, dimensions, and interior arrangements. 
 
 Art. 105. Pupils placed in isolation as a precautionary measure and those sent to 
 a punishment cell are required to labor. These are continually under surveillance 
 and should be visited every day by the head teacher or by a delegated teacher and 
 by the head supervisor; at least once a week by the teacher or foreman who has 
 asked for the punishment; at least twice a week by the director and chaplain. The 
 
240 MODERN PRISON SYSTEMS. 
 
 physician shiauld visit the pupils in cells at least twice a week, while members 
 of the administrative corps may ask for his further visits when, in the course of their 
 visits above prescribed, the state of health of the pupils has awakened particular 
 questions. When illness can be treated in the cell they are visited, if required, by 
 the physician every day. A record is kept of the visits of officials and employees 
 and of their observations. It is submitted daily to the director for his exammation. 
 Supervision is secured day and night by one or more agents, in addition to the night 
 rounds of the guards. Children punished in a cell come forth at least one hour each 
 day for a walk. Punishment in a cell is assigned either with complete dietary, dry 
 bread, or ordinary bed, or camp couch. 
 
 Akt. 106. ChUdren under punishment receive, as others, bread at discretion. 
 Precaution must be taken to avoid waste. 
 
 Akt. 107. Young boys declared incorrigible are sent to a correctiona:! colony to be 
 subjected to a repressive system. This punishment can be inflicted only by the 
 minister, on the advice of the council of supervision and that of the prefect. At the 
 same time, on the proposal of the director of the establishment, there may be a 
 suspension of the sentence to transfer to the correctional colony. In this case the 
 pupil is subjected to a cellular treatment during a fixed period, at the expiration of 
 which he is replaced with other pupils. Pupils considered to be guilty of acts which, 
 on account of their gravity, may not come under the disciplinary action of the estab- 
 lishment, may be referred to a magistrate. Except in a matter of crime the previous 
 authority of the minister will be necessary. 
 
 Aet. 108. Only the head of an establishment may inflict a punishment. At the 
 same time he may authorize the teacher to inflict, during class hours, the following 
 school punishments: Standing upright during the class, and temporary expulsion. 
 The director alone has power to shorten the duration of punishments or to suspend 
 their effects. With exceptions noted in the second sentence of the present article, 
 the punishments are pronounced by the director, assisted by the head teacher, an 
 ordinary teacher, and the head inspector, or by one of these. The children selected 
 appear in person, and are permitted to offer explanations after reading the report of 
 the facts. A record is kept of all punishments and the reasons for them. The same 
 items are inscribed on a special card attached to the documents relating to each 
 child, and conformed to the model contained in this regulation. 
 
 Aet. 109. When a pupil has escaped from the establishment where he has been 
 confined, ot has left the emploj^er with whom he has been placed, the head of the 
 establishment shall immediately inform by telegram the procureur of the republic at 
 the tribunal of the district (arrondissement) and the corps of police in the neigh- 
 borhood, and, by a special report, the prefect and the minister. Each of these com- 
 munications contains a description of the pupil. Every child, at least unless it has 
 been decided otiierwise by the minister, is brought back to the establishment whence 
 he sought to escape. The expense of returning and the reward for capture are paid 
 by the establishment. The sum of the reward is fixed at 15 francs, yet this figure 
 may be reduced by ministerial decision in such cases as collective arrests, voluntary 
 return, etc. 
 
 Art. 110. The use of tobacco by pupils in all its forms is prohibited. 
 
 Okqanization of Industry. 
 
 Labor. — Work purely punitory is not found in the penitentiary establishments of 
 France. Organized labor is applied to meet the requirements of the house, or to 
 various industries suited to the duration of the penalty and the . aptitudes of the 
 convicts. 
 
 Labor is optional for persons on trial (prdvenus), to those under simple police 
 punishments, and those detained for debt. It is obligatory for convicts under cor- 
 rection, whatever may be the duration of their sentence, with the exception of those 
 condemned for violation of the press laws, who have the benefits of a special method. 
 If apprenticeship is more difiicult in a cell, application is generally more sustained 
 there, so that the product is as large as that of congregate houses. 
 
 Labor in departmental prisons is organized on the contract plan (enterprise). The 
 introduction of the various industries is authorized by the prefect, who approves the 
 rate of prices of hand work, on the proposal of the contractor and the advice of the 
 director. The average daily wage is 50 to 60 centimes (10 to 12 cents). 
 
 Industrial organization by contract in the houses of detention, justice, and correc- 
 tion gives the prisoners an opportunity to continue in the prison to exercise their 
 calling, if it is consistent with health, order, security, and discipline. If the industry 
 which they follow in free life is organized in the house, the prisoners are employed 
 at it for a stipulated wage. Under other circumstances they may be employed' by 
 master workmen from outside upon conditions fixed by the administration 
 
MODERN PRISON SYSTEMS. 241 
 
 The contract system takes two distinct forms, general contract or partial contract. 
 The former system is applied in prison circuits, which include generally, only the 
 prisons of little importance, and where the care of securing work for all prisoners 
 is confided to a general contractor. The second system is in use in estabushmenta 
 where a state management of economic services exists, notably in the department of 
 the Seine. The administration opens a market with a certain number of manufac- 
 turers who agree to employ a limited number of prisoners. It is adapted to the 
 purpose of varying the forms of labor and of diminishing, in some degree, local com- 
 petition. Under both methods, general contract and partial contract, the adminis- 
 tration controls with care the labor markets, fixes the price of hand work, and the 
 niaximum number of workmen engaged in a given industry. The products of work 
 in houses with short terms fall far short of meeting ordinary expenses. It is diffi- 
 cult to estimate the excess of cost thus accruing, because this figure varies with the 
 ordinary charges for the ofiicers, and with the maintenance and repair of buildings, 
 etc. 
 
 Labor in the " central houses." — In the central houses, as in the departmental 
 establishments, only industrial labor is organized, to the exclusion of penal labor. 
 Formerly all the economic and industrial services were granted to general contract- 
 ors. Now, as we have already said, the system of state account has been substituted 
 for contracts. 
 
 The penitentiary administration is careful not to cast the products of convict labor 
 on the market. It seeks to realize even more completely the view expressed by par- 
 liament in relation to the employment of penal hand work in the manufacture of 
 articles necessary for the branches of state administration. 
 
 Outside the workshops producing on state account no industry can be carried on 
 without authorization of the minister of the interior, under conditions and according 
 to a rate for manufacture which have been presented for advice to the chamber of 
 commerce, then submitted for discussion to the committee of general inspection of 
 prisons; the rates being then fixed by the central administration and always liable 
 to revision. 
 
 We are very much concerned to see to it that penitentiary labor, even though 
 diminished in efficiency by the want of genuine professional traming of convicts, and 
 by their negligence and habitual ill will, shall not compete injuriously with free 
 labor, when thelaborisnotforthe state. In the shops with state account plan instruc- 
 tion is given by free foremen who are paid by the State. In the workshops con- 
 tracted out, the wages of these artisans, as well as the entire industry, are entirely at 
 cost of the contractors. The convicts are classed in the workshops according to their 
 aptitudes or professions in free life. They pass an apprenticeship divided into stages, 
 in the last of which they receive pay. The apprentice workman must, according to 
 his capacity, complete a daily task which is proposed by the free foreman, examined 
 by the controller, and decided by the director. Those who do more than the task 
 are encouraged by a pecuniary gratuity which raises the tariff rate. The spoiled 
 pieces call for a fine levied on the fund of the convict according to a regulation rate. 
 If a vicious motive or criminal intention is proved there is added to the fine a dis- 
 ciplinary action. 
 
 Work is obligatory for all convicts who are well. A part of the product of this 
 work falls to the convict; this is added to his "fund," the convicts not having any 
 means at their own disposition. The fund is divided into two parts, the ' ' disposable ' ' 
 and the "reserved." The disposable fund includes: (1) The half of the part of his 
 product which is credited to the convict, corresponding to his penal class. The 
 product of labor is divided by tenths between the State and the prisoners according 
 to the class to which they belong. The first offender convicts of the central houses 
 .of correction are allowed five-tenths, while those in the central houses of hard labor 
 are granted four-tenths. These tenths are diminished for recidivists, down to one, in 
 consequence of previous convictions. Thus a conditional convict who had previously 
 been condemned to hard labor or reclusion would not receive more than three-tenths. 
 He would receive four-tenths if previously condemned only once. Convicts distin- 
 guished for their good work and excellent conduct are recommended to the minister 
 of the interior, who grants them additional tenths. Those who are lazy or trouble- 
 some may be punished by losing a tenth. (2) Eewards for service as foreman, mon- 
 itor, etc. (3) Sums brought at the moment of entrance, those which are sent or 
 remitted on account of the convict outside his labor, and those which come into his 
 possession during detention. (4) The product of the sale of articles and junk during 
 his detention.' (5) Exceptional receipts authorized by the minister. With his dis- 
 posable fund the convict may buy additional food at the canteen, clothing, books, 
 etc., or send help to his family. The reserved fund of each convict is composed of 
 half the part credited to him, according to his penal class, for the product of his 
 labor. 
 
 H. Doc. 452—16 
 
242 MODERN PRISON SYSTEMS. 
 
 Care of Health. 
 
 Sanitary state of prisons. — The sanitary condition of houses of detention is on 
 the whole satisfactory. The disappearance of some of the decayed establishments 
 and their replacement by cellular prisons has introduced a remarkable improvement 
 in the former state of things. The cellular prisons above all meet the requirements 
 of sanitary standards. 
 
 The dietaries of prisons in the houses for short sentences include: Six times a week 
 the moderate service (service maigre); once a week (Sunday) a full service (service 
 gras) . [In the cellular prisons the full service is offered twice a week.] The daily 
 ration of bread (bread and soup together) is 850 grams for men and 800 grams for 
 women. 
 
 Moderate service. — In addition to bread the prisoners receive daily, in the fore- 
 noon, a half-liter of bouillon; in the evening at mess (ration of vegetables^ at least 3 
 deciliters. In this mess and soup are mixed, for 100 prisoners, the following mate- 
 rials: (1) Thirty kilograms of potatoes of good quality, weighed after trimming, or 
 alternating each day, 9 kilograms of dry vegetables — peas, beans, lentils, or kidney 
 beans; (2) 8 kilograms of carrots or of turnips well trimmed, or other fresh vege- 
 tables in the same proportions, such as cabbages, peas, beans, or kidney beans, 
 according to the season; (3) with potatoes, 5 kilograms of fresh vegetables, or, with 
 rice or dry vegetables, 10 kilograms; (4) 1 kilogram of dry mashed vegetables, rice, 
 or barley porridge; (5) salt and pepper, as required; (6) 1.500 kilograms of butter 
 or 1.250 kilograms of fat pork, called "saindoux." 
 
 Full service. — In the morning this supplies: One ration of soup, in which is 
 furnished, for 100 persons, 5 deciliters of bouillon made from 15 kilograms of beef; 
 in the evening, a mess (ration of vegetables) of 4 deciUters per ration, and some of 
 the meat served in the morning to make soup. 
 
 The dietary for the sick includes meat, vegetables, and wine, every day, and varies, 
 in a certain measure, according to the prescriptions of the physician. 
 
 Ventilation. — ^Ventilation is secured in most of the prisons by the ordinary means. 
 In some establishments, at Fresnes, for example, the ventilation of cells is obtained 
 by means of a powerful motor which renews the ^r of the cell about twice each hour. 
 
 Cleanliness. — In all French prisons great importance is attached to the cleanliness 
 of prisoners and of the rooms. All prisoners are bathed at their entrance and when- 
 ever during their stay the usefulness of it is clear; their clothing is also washed and 
 disinfected when necessary. 
 
 The sick. — The number of patients treated in the infirmary represents about 4 per 
 cent of the total number of prisoners. The most common diseases are those which 
 affect the respiratory system. 
 
 Mortality. — The mortality does not reach 2 per cent of the total population. 
 
 Food for the healthy in the "central houses." — ^(1) Bread, 700 grams, fur- 
 nished every day, made of flour from pure wheat, bolted to 10 per cent extraction of 
 bran. The flour must produce on test 30 per cent of moist gluten. The bread is dis- 
 tributed in rations forty-eight hours after it comes from the oven. There is also 
 given bread with soup made with flour bolted to 22 per cent and producing 36 per 
 cent moist gluten. The ration by day and by man is 70 grams Sunday and Thursday, 
 and 130 grams other days of the week. 
 
 (2) Two moderate (maigres) soups, of 40 centiliters each, prepared for 400 men, 
 with 1 kilogram of dry vegetables and 8 kilograms of fresh vegetables; 13 kilograms 
 of bread; 1.200 kilograms of fat, 1.400 kilograms salt, 32 grams of pepper. Mday 
 butter takes the place of fat, 1.444 kilograms. 
 
 (3) Sundays, Thursdays, and legal holidays, in the morning, there is given out a 
 meat soup. The ration is 5 deciliters. It is composed, for 100 convicts, of 12 kilo- 
 grams of beef on Thursday, 7 kilograms of bread soup, 4 kilograms of fresh vegetables, 
 600 grams of salt, and 20 grams of pepper. On Sundays and holidays the quantity 
 of meat is raised to 15 kilograms. 
 
 (4) For repasts in the evening of days of scant (maigre) diet there is given out a 
 mess of 3 deciliters of potatoes on Wednesdays and Fridays. On the other days dry 
 vegetables — peas, red and white beans, and lentils. For 100 convicts this mess (pitance) 
 includes 25 kilograms of potatoes, or 12 kilograms of dry vegetables, 1 kilogram of 
 onions, 600 grams of salt, and 7 grams of pepper. On Friday the fat is replaced by 720 
 grams of butter. Saturday the beans are seasoned with 720 grams of oil of campion 
 and 1.500 grams of vinegar of wine. 
 
 (5) Sundays, holidays, and Thursdays the evening repast is composed, for 100 
 prisoners, of one portion of cooked and boneless meat, of 750 grams, of 60 grams, 
 accompanied with a mess of 3 deciliters of rice, having the customarv condiments for 
 the proportion of dry vegetables. 
 
MODERN PKISOW SYSTEMS. 243 
 
 Supplementary food.^The supplementary food of the canteen are paid for by 
 the convicts out of the fund placed at their disposal during their sentence. The 
 maximum outlay is 50 centimes a day for each convict. The prices of articles are 
 fixed by the steward in a rate sheet made every six months. A column of the 
 table is reserved for remarks of the director and controller. The prefect of the 
 department decides upon the time of carrying the rate sheet into effect. Withdrawal 
 of canteen privileges is a disciplinary measure. 
 
 Education. 
 
 Discipline in France does a lar^e part of the reformatory work upon prisoners by 
 means of libraries, schools, discussions, and an earnest organization of labor. To these 
 various means of action are added the patronage of liberated men, designed to facil- 
 itate the restoration of convicts to social position. But if the system and discipline 
 propose for their principal end the improvement of the prisoners whose uplifting it 
 is reasonable to hope, they retain none the less a character of sufiicient severity to 
 intimidate those who are more deeply corrupted. In all that relates to the funds 
 of prisoners, especially the part left to the convicts of the proceeds of their labor, a 
 dinerence is made between recidivists and others, varying with the extent of recid- 
 ivism. This diminution of their funds, by restricting the ability to purchase at the 
 canteen, weighs upon the suppleiiientary food of the prisoners and so increases the 
 rigor of the system to which they are subjected. When the conduct of a person is 
 satisfactory the encouragements and devices for exciting and developing hope are not 
 wanting. Thus, if they deserve it, they may receive the rewards indicated hereafter: 
 Permission to procure at their own expense supplementary food and clothing; to 
 receive gratuitously additional bread during the apprenticeship stage; a classification 
 suitable to their professional aptitudes and their tastes; the privilege of receiving 
 visits more frequently than is provided in the regulations; permission to wear beard 
 and hair; in certain circumstances excuse from wearing prison uniform; pardon or 
 reduction of penalty; conditional liberation. 
 
 On the other hand the administration has recourse to disciplinary punishments to 
 overcome the resistance of convicts whdse conduct is defective. The disciplinary 
 regulations applicable to prisoners are posted up in each cell. They are read to neW 
 arrivals and, later, on the days of conference, to all the population assembled together. 
 Violations are few in number, especially in cellular prisons. They are punished, 
 according to circumstances, with the following disciplinary penalties: Eeprimand; 
 withdrawal of permission to make use of wine, of tobacco, and to procure supple- 
 mentary articles of food other than bread. « Deprivation of walk, reading, visits, 
 attendance on lectures and conferences; the withdrawal of food other than bread 
 during three consecutive days at most, the ration of bread being sometimes increased; 
 placing in a cell of punishment with possible removal of all or part of the bed furni- 
 ture other than covers. 
 
 All these punishments are inflicted under the control of competent local authority. 
 They are ordered * by the director in prisons, administered by an official of this order, 
 and by the guard in chief in others, with the requirement in the latter case to report 
 to the director within twenty-four hours. 
 
 Various measures have been ordered concerning the exercise in the yards, which 
 ought to be for at least one hour a day; the visits made by the guards in the cells, 
 the places for walking, the passageways; the precautions to be taken to avoid making, 
 known the names of prisoners; the silence which must be observed in all parts of 
 the house. 
 
 Perhaps the use of irons should be mentioned here. But this measure is not a 
 punishment. It may be applied to prisoners not under punishment. It is a meas- 
 ure of precaution, provided for in article 614 of the Code of Criminal Instruction, in 
 respect to persons who, in a moment of fury, may be dangerous to themselves or 
 others. 
 
 moral and religious influence. — We have already indicated, in examining the 
 conditions under which the moral reform of the prisoner is sought, the various means 
 at the disposal of the administration for this purpose — schools, libraries, conferences, 
 patronage, worship, visits and correspondence of families. Later we shall present the 
 organization of schools and of libraries. The religious service is organized in all the 
 
 a The prisoners under arrest (prfivemis) and those on trial have the right to smoke in the exercise 
 yards, and even in their cells. They may have food brought in from outside, and may have wine 
 (not more than 75 centiliters) or a liter of beer or of cider. 
 
 6 Cell punishments are ordered by the prefect when they are to extend beyond fifteen days. 
 
244 MODERN PKISON SYSTEMS. 
 
 houses, whatever may be their extent, but attendance is not required of prisoners. 
 Ministers of the various faiths also have conferences in relatiop to questions of 
 morality. Free conferences are also permitted in the prisons, and the problems for 
 discussion must have the approval of the administration; 
 
 The visits and letters of families are favored when they appear to contribute to the 
 moral improvement of the prisoner. They constitute, when they are well directed, 
 a means of moral aid which should not be neglected. 
 
 Instruction. — Illiterate convicts under 40 years of age and serving a term of over 
 three months are required to receive instruction in school. The duration of the sen- 
 tence in the prisons for short terms do not give the teachers an opj)ortunity for a 
 programme of great extent. The pupils change so frequently that it is necessary to 
 return incessantly to the same elements, for otherwise only a few would receive 
 benefit. It does not seem likely that instruction so restricted can have a very serious 
 influence on the improvement of the convicts. At the same time, little as the 
 advantage may appear to be, it is not proper to deprive some prisoners of it who 
 desire it and profit by it. 
 
 If one can judge by the number of requests for books, the influence of reading 
 seems more important, and since almost all convicts read, this means should be 
 retained and favored. 
 
 Moral reform of prisoners. — We have already explained the means of moral 
 influence employed by the administration, and have shown that discipline, instruc- 
 tion, and labor cooperate, in various ways, to the moral improvement of the prisoners. 
 But no one can declare with certainty whether the prisoners go out of the prison 
 better or worse than when they entered. Nevertheless the statistics of recidivism 
 furnish some indications which may be examined with useful results. Doubtless we 
 can not say that every recidivist is a man who ca me forth from the prison worse than 
 when he entered it. It is necessary to take into account the effect of the social state, 
 enforced idleness, poverty, sickness, infirmities, enfeeblement of powers, which bring 
 before the tribunals a large number of poor wretches who are incapable of supplying 
 their wants by means of regular industry. 
 
 Keeping these considerations in mind, we notice that in France about 70 per cent 
 of the condemned are recidivists, of whom only a half ar'e legally recidivists (sen- 
 tences over one year in prison). At the same time, criminality, as one will see further 
 on, has been decreasing in France for some years. According to the last account of 
 criminal justice (1897), this "persistent fall in the various graphic curves of crimi- 
 nality gives reason for thinking that we have to do, not with a passing oscillation, but 
 with a permanent tendency which promises a real amelioration in our social state in 
 matters relating to crime.'' 
 
 Moral and religious influences (central prisons). — Each prisoner may follow 
 the exercises and instructions of his own confession. He converses alone with his 
 minister if he desires to do so. A library of more than 3,000 volumes to each estab- 
 lishment is placed at the disposition of the convicts. The list of books is approved 
 by the superior administration. On Sunday the delegated members of associations 
 of patronage are active in personal converse with convicts. On the same day visits 
 are received from families, and correspondence is written. These visits, as well as 
 the influence of patronage, have a salutary influence on prisoners. 
 
 The law of August 14, 1885, permitting conditional liberation under the conditions 
 stated at the begming of this account, has also exercised a happy influence on the 
 mind. The hope of liberty contributes greatly to the restoration of the prisoner to 
 better sentiments. In the same order of ideas rank the pardons, commutations, and 
 reductions of penalties. 
 
 In 1897 there were granted: (1) To men — 60 entire pardons, 26 commutations of 
 penalty, 686 conditional liberations, 189 reductions of penalty. (2) To women — 6 
 entire pardons, 8 commutations of penalty, 156 conditional liberations, 34 reductions 
 of penalty. 
 
 Instruction. — In every central house for men and women is established a school, 
 directed by a male or female teacher. Instruction is given every day for one and one- 
 halt hours, except during vacation. Prisoners under 30 years of age who show on 
 admission defective intelligence are admitted to the school. The pupils are grouped 
 under a monitor selected from among the educated prisoners, aiding the teacher. 
 
 The subjects taught include the programme of the public primary schools: Reading, 
 writing, arithmetic, the metric system, history, and geography of France, moral and 
 civic instruction. The teacher is charged with caring for the library and distributing 
 the books. The books are given out on Sunday. The entire number of volumes for 
 all the central houses is about 40,000. The number given out for reading in 1897 was 
 207,859. In addition to placing books at the disposal of prisoners, there are readings 
 of evenings and in the dining halls. These readings produce a good effect upon the 
 
MODEEN PRISON SYSTEMS. 245 
 
 population of the institution; they are an excellent aid to discipline, helping to main- 
 tain order and silence among the convicts. The prisoners who behave well are per- 
 mitted to buy, out of the product of their labor, books of instruction, professional 
 manuals, etc. No special periodical publication is placed in the hands of prisoners. 
 
 Discharged Prisoners. 
 
 Often the prisoner at his release from prison has only limited resources, and does 
 not immediately find work. It is then that the societies of patronage " may intervene 
 with good effect. These societies are numerous and active throughout France. Many 
 are subsidized by the government. They return the liberated prisoners to the depart- 
 ment of their origin; they help them to find work and receive them into special 
 asylums during a certain time. Many of these societies have adopted the method of 
 giving aid by work. 
 
 Patronage does not exist merely for adults. It is very active and successful with 
 young offenders. There is a society or committee of patronage for each colony. 
 Encouraged by results obtained in different cities, by patronage and assistance by 
 work, the penitentiary administration has itself wished to organize an asylum for the 
 former pupils who are without resources, without employment, and without a family. 
 
 One may read on page 51 of the report of the budget of penitentiary affairs for 1900 
 the following passage: "An interesting form of patronage is that which is conducted 
 by the director of the colony of Douaires, for former pupils of this establishment 
 who find themselves without resources; not only does he procure employment, 
 places for the released prisoners, give them assistance in money and goods, but he 
 also collects them in a refuge situated near the colony. From 1896 to 1898, 80 
 former pupils without employment, without means, often without family or rejected 
 by them, have come to such an asylum. It was in 1869 that the first works of 
 patronage were created. A decree at that time formed a commission for the inves- 
 tigation of questions relating to patronage of discharged prisoners, adult and minors. 
 These societies developed in the departments by the aid of gifts, subscriptions, and 
 subsidies. The State contributes subsidies annually to the amount of 151,000 francs 
 to this work of patronage. In respect to conditional liberation, it has for its object to 
 contend with recidivism. It was a law of August 14, 1885, which instituted this 
 measure. "A disciplinary regulation, based on the daily record of conduct and labor, 
 (says the first article of this law), shall be instituted in the several penal establish- 
 ments of France and Algiers, with the purpose of assisting in the improvement of 
 convicts and in preparing them for conditional liberation." 
 
 This liberation is thus obtained by good conduct, sustained industry, and repent- 
 ance of the prisoner. In order to receive its benefits the person concerned must 
 serve at least half his sentence, if he is convicted for the first time, and two-thirds if 
 h e is a legal recidivist. It is assured that the person liberated shall have employ- 
 m ent at his release, or an asylum with his friends or with honorable persons, or at 
 least the aid of a society of patronage. This conditional liberation may be revoked 
 at any time in case of habitual and public misconduct or the violation of special 
 conditions expressed in the permit. In this case the person must serve for the entire 
 remainder of the sentence. Yet, if the revocation has not been made before the 
 expiration of the term, the liberation is final. A committee appointed by the min- 
 ister of the interior examines all the requests for conditional liberation and gives his 
 counsel. This committee is composed of ten members and includes representatives 
 of the prison administration, of general security, and the minister of justice. 
 
 For young offenders a measure of spepial indulgence has been created under the 
 name of provisional liberation, by the law of August 5, 1850; it differs in several 
 points from conditional liberation. These differences will be characterized in the 
 chapter on the establishment of penitentiary education. 
 
 We must mention the law of May 27, 1885, on the " relegation " of recidivists. 
 
 " Relegation" is an accessory penalty. It is pronounced by courts and tribunals 
 against persons who have committed, within ten years, crimes or misdemeanors 
 whose number and natureareenumerated in article 4 of the law. Those "relegated," 
 once the principal penalty is completed, are transported to a colony. Their desig- 
 nation to such or such a colony is made upon the advice of a committee composed 
 of representatives of the council of state, of the department of justice, of the interior, 
 and of the colonies. 
 
 ol adopt the French word "patronage," as it seems expressive and is brief. It means here a society 
 to aid prisoners.— C. E. H. 
 
246 
 
 MODEEN PRISON SYSTEMS. 
 
 APPENDIX. 
 French Prisons. 
 
 Some additional items are derived from "Monographs of various establishments, 
 prepared for the Fifth Jnternational Prison Congress, Paris, 1895. Melun, Press ot 
 Administration, 1895, prepared for the Minister of the Interior." 
 
 Facts are given relating to the following establishments: Central prison (for men), 
 Melun; Pbissy; agricultural penitentiary of Berrouaghia; central house (for women), 
 at Rennes; cellular prison (mixed), at Angers; house of arrest and of justice, at 
 Lyons (mixed), and of correction at Rouen. For boys: Agricultural and maritime^ 
 colony at Belle-IsIe-en-Mer; agricultural and industrial colony at Anniane; atMettray; 
 at Sainte-Foy. School of Sainte-Odile (girls); correctional department (boys), at 
 Rouen. Refuge workshop at Rouen (girls). 
 
 Note. — The limits of space forbid the reproduction here of the entire translation 
 of the "Monographs of 1895," which was prepared for this volume. Selection has 
 been made of typical houses in order to give a more distinct conception of the life 
 of a French prison. For additional material of great interest see: Penal Codes of 
 France, Germany, Belgium, and Japan, by S. J. Barrows, House Doc. No. 489, Fifty- 
 sixth Congress, second session. Codes of penal law and of criminal procedure must 
 always be studied as the basis of administrative regulations. 
 
 CENTRAL HOUSE OP MELUN. 
 
 Number of population, 605 (average from January 1, 1887, date of introduction of 
 the Auburn system, to December 31, 1894). 
 
 
 No. 
 
 Duties. 
 
 Salary. 
 
 Observations. 
 (Note here the material advantages of 
 officers in addition to salary— lodging, 
 heat, light, uniform, etc.) 
 
 Corps. 
 
 Mini- 
 mum. 
 
 Maxi- 
 mum. 
 
 
 1 
 
 j 
 
 2 
 
 1 
 
 43 
 
 1 
 
 1 
 1 
 
 Director 
 
 Francs. 
 4,600 
 
 2,000 
 2,000 
 1,800 
 1,600 
 1,500 
 
 Francs. 
 6,000 
 
 4,000 
 4,000 
 3,500 
 2,400 
 2,400 
 al,500 
 <i800 
 2,400 
 a 600 
 1300 
 250 
 2,400 
 
 1,700 
 
 1,500 
 1,500 
 6300 
 
 !>360 
 0175 
 
 Furnished heat, light, rooms, or payment 
 
 
 Controller 
 
 instead. 
 
 
 Chief accountant. 
 Clerk of records . . 
 Bookkeeper 
 
 
 
 
 
 
 
 
 
 Teacher 
 
 1,500 
 
 Do. 
 
 
 Catholic chaplain 
 
 
 
 Eabbi 
 
 
 
 Superviaion 
 
 Industries 
 
 Chief guard 
 
 First guards 
 
 Guard clerk 
 
 Ordinary guards. . 
 Foreman of print- 
 
 ery. 
 Foreman of tailors 
 
 Machine foreman 
 
 1,800 
 
 1,600 
 
 1,300 
 1,300 
 
 Uniform, annual indemnity for living ex- 
 penses (100 francs) , payable semiannu- 
 ally. 
 
 Uniform, 750 grams of bread per day, 
 monthly indemnity for living expenses 
 (10 francs). 
 
 The foremen of the other shops managed 
 by free labor are paid by the contract- 
 ors of the shops. 
 
 a Fixed payments. 
 
 b Per month. 
 
 SUMMARY OF STATEMENTS AS TO THE MODE OF RECRUITING THE PERSONNEL; THE GRA- 
 DATION OF ranks; THE POWERS AND DUTIES OF EACH CATEGORY OP OFFICIALS, 
 EMPLOYEES, OR AGENTS; RETIRING PENSIONS ALLOWED. 
 
 Becruiting the personnel. — Persons are recruited for the administration of 
 instruction and guarding by way of examination. Officers of health and worship are 
 designated by the minister of the interior. The officers of the industries under con- 
 tract are free workmen designated by. the contractors and approved by the minister 
 of the interior. The officers of industries on state account are workmen chosen by 
 the director of the establishment. 
 
MOBERN iPElSON SYSTEMS. 24^ 
 
 Gradation and duties. — The minister of the interior has among his powers and 
 duties the execution of the laws relating to prisons. The supervision of every central 
 house is intrusted to the prefect of the department where it is situated, under the 
 authority of the minister of the interior. The director administers under the authority 
 of the prefect. His activity is extended to all parts of the service. All the employees 
 of the establishment are 'subordinate to him. They are required to conform to his 
 instructions for the kind of work intrusted to them, and to assist, even outside their 
 ordinary duties, when he requires their help for writing or for operations relative to 
 the' service. In case of fire, mutiny, or plot he may require an armed force. 
 
 The inspector or controller takes the place of the director when absent. In case of 
 temporary absence he exercises all the powers of the director for all urgent objects. 
 He is especially charged, unless the director intervenes and decides in case of dispute, 
 with the direct supervision of the economic and industrial service; with the order of 
 the workshops, dormitories, and places of punishment; with the classification of work- 
 men in the workshops, in agreement with the steward or the contractors; with the 
 establishment or the execution of the rates for hand work, the tasks of labor, regula- 
 tion of defects, waste, etc. , committed by the workmen. He sees to it that the service 
 of cleanliness is carefully carried out in all parts of the house. The clerk-accountant 
 takes the place of the absent controller in the same manner as he takes the place of 
 the director. As clerk he is specially charged, under the authority of the director, 
 with the writings relative to the register of the convicts, the execution of penalties, 
 the care of the archives. As accountant he is charged (1) with accounts of the 
 property of the convicts; (2) with the payment of expenses of the economic manage- 
 ment and of industry for all sums not above 2,000 francs; (3) with the receipts of the 
 treasury, whatever their importance. He supervises all the written accounts and 
 other confided to clerks. 
 
 The clerk of records (le commis aux e'critures) has no administrative duties. He 
 makes copies for the clerk -accountant and of documents required by the director. 
 
 The duties of the steward (I'^conome) are all the details of the economic and indus- 
 trial service of the management. He is charged, under the authority of the director, 
 with (1) keeping account of materials; (2) supervision of marketing; (3) prepara- 
 tion of budgets for provision of supplies; (4) storing and keeping of all provisions, 
 (5) daily distribution of food and materials necessary for the various services. He 
 is to conform to the regulations and orders which the director gives him. 
 
 The bookkeeper is charged with the duty, under the direction of the steward and 
 under the supervision of the director, of keeping the records of the management and 
 its results. 
 
 The service of the physician includes: (1) Visiting the prisoners at the moment 
 they enter the central house; (2) visiting the prisoners as authorized by the admin- 
 istration on request, on accotmt of health, for medical care, exemption from labor, 
 change of occupation; (3) visiting the prisoners in the places of punishment, shops, 
 dormitories, and yards, every time it is required by the director; (4) treatment of 
 the diseases of prisoners and guards; (5) supervision and management of the infirm- 
 aries for medical purposes; (6) the right to address in writing the director on all 
 questions which concern the health of the prisoners, and the duty of giving in writ- 
 ing his opinion on all questions asked by the director in that which affects the sani- 
 tary service; (7) keeping the medical records. 
 
 The service of the apothecary includes: (1) The preparation and distribution of 
 drugs; (2) supervision of alimentary preparations intended for the infirmary; (3) 
 management of the pharmacy and the laboratory; (4) keeping the records of the 
 pharmacy. 
 
 The teacher has charge of (1) the elementary school of the guards; (2) the ele- 
 mentary school of the prisoners;- (3) keeping the library; (4) helping the director 
 of the court of disciplinary justice as atsistant; (5) keeping the records relative to 
 the moral condition of prisoners (punishments and rewards, relations with families, 
 guardianship, clemency, and conditional liberation) ; (6) keeping the records required 
 of him by the director. The teacher is employed within. He takes rank in the 
 administration after the clerk-accountant and competes with him for promotion. 
 
 The ministers of the different confessions have administrative relations only with 
 the chief of the house. They arrange with the director for rites and other religious 
 services. The control of the altar belongs only to them. The management of other 
 parts of the chapel is in the hands of the director. They select among the prisoners, 
 with consent of the director, the assistants of the worship. They visit the infirmaries 
 and cells as often as they think proper, and attend the sick who ask for them. They 
 are informed of every death. 
 
 Retiring pensions. —All officials, employees, and agents of administrative services, 
 of instruction and supervision, have a right, after thirty years of service and 60 years of 
 age, to a retiring pension, calculated as one-sixtieth of the salary, per year of actual 
 
248 MODERN PRISON SYSTEMS. 
 
 service. The age may be reduced to 50 years and the duration of service to twenty 
 years in case of infirmities contracted in the service. 
 
 School of guards. — An elementary school of guards has been created at the central 
 house of Melun in accordance with a ministerial order of August 19, 1893. The 
 school is held each day during one hour. The instruction is imparted in conformity 
 with a programme and after the arrangement of time annexed to the order cited 
 above. The pupils, to the number of 12, are divided into two groups. The same 
 subjects are taught to the agents of the two sections, holding in mind, in teaching 
 the French language and accounts, the various abilities of the ;pupils. _ At the rate of 
 six days of classes per week each section profits by instruction during about one 
 hundred and fifty hours per year. Sunday (one hour) is devoted to lessons in 
 anthropometry and to military exercises. The instructions in various matters of the 
 programme are divided among the ofiicers and the employees as foMows: Director — 
 law, discipline, transfers; inspector — labor of prisoners; clerk of accounts — book- 
 keeping; teacher — French language, arithmetic, metric system, geography, reading, 
 writing, and outlines of plans; bookkeeper— economic services (the steward can not, 
 01} account of the needs of the service, teach this course) . 
 
 Worsliip. — Organization of the service for worship. — ^The attendance on religious 
 rites is required of convicts who have declared, on their arrival, that they wished to 
 follow the acts of their worship. The service, of worship is cared for by (1) a 
 Catholic priest, (2) a Protestant pastor, (3) a rabbi. 
 
 Catholic worship. — The mass and vespers are celebrated each Sunday and on days 
 of religious festivals, with suitable solemnity, by the Catholic priest, in the chapel 
 of the central house. The rite is followed by a sermon or religious instruction. 
 
 Protestant worship. — Convicts belonging to the reformed religion are gathered in a 
 special hall. The services are held on Sunday, 9 to 10 a. m. The pastor also gives 
 religious instruction. 
 
 Israelitish worship. — A special room is set apart for the celebration of Israelitish 
 worship. The services take place on Friday, 4 to 5 p. m., and Saturday, 9.30 to 10,30 
 a. m. During the Paschal festival the Israelitish convicts who profess their faith 
 take their repasts apart. The food for these repasts is prepared in conformity with 
 the rites of the Israelitish religion. 
 
 No religious exercises are held outside the days fixed for the celebration of the 
 services for the different forms of worship. At the same time religious instruction 
 is given sometimes during school hours, especially at the approach of the great 
 festivals, by the ministers of the different communions to convicts who ask to be 
 catechized. The priests of the different forms of worship lend their cooperation to 
 care for liberated men, and busy themselves especially with the reconciliation of con- 
 victs with their families. 
 
 Instruction. — Schools — Courses — Libraries — Conferences. — Attendance at school is 
 obligatory for all illiterate convicts aged less than 30 years. Illiterate convicts aged 
 more than 30 years and those who possessed, on their arrival, a certain degree of 
 instruction, are not admitted except upon their own request. 
 
 Excluded from the school are those whose bad conduct and perversity may give 
 reason to fear that they may become a cause of trouble. 
 
 The convicts who attend school are divided into two groups: (1) The convicts 
 belonging to the quarter for improvement. They receive primary instruction on 
 Monday, Wednesday, and Friday, from 4.30 to 5.30 p. m. (2) The convicts who 
 have already been subject to previous convictions. The school for them is held 
 Monday, Tuesday, Wednesday, Friday, and Saturday, from 9.30 to 10.30 a. m.- 
 
 Living languages — Draining. — Besides, instruction in the living languages and draw- 
 ing is given, under the direction of the teacher, by monitor convicts named, after 
 trial, for this employment: (1) To convicts in the quarter for improvement, on Tues- 
 day, Thursday, and Saturday, from 4.30 to 5.30 p. m.; (2) to recidivist convicts 
 Thursday at 9.30 to 10.30 a. m., and Sunday at 11.00 a. m to 12 m. 
 
 Music. — Instruction in music is given in a special place. From 9.30 to 10.30 a. m. 
 for instrumental music; from 4.30 to 5.30 p. m. for solfeggio. 
 
 Library. — Annexed to the school is found a library including 2,551 volumes. 
 Beading is permitted to the convicts on Sundays and holidays and every day durmg 
 the promenade. The distribution of books occurs once in fifteen days, on Sunday. 
 Works placed for reading are returned to the library on the Saturday which precedes 
 the distribution. To permit to convicts to make choice of works which they desire 
 to read, an extract from the general catalogue is sent to the writers of each shop. 
 The convicts are responsible for all injuries which occur to the books in their hands. 
 The amount of the injuries is levied on the disposable property of the convict who 
 is responsible for them. 
 
 Conferences. — There are, properly speaking, no conferences of the convicts. At the 
 same time there is given them for reading at their arrival some general regulations 
 
MODERN PRISON SYSTEMS. 249 
 
 and instructions which concern them; besides, during the four or five months of 
 their detention they are collected the first Sunday of each month, at the end of the 
 mass, in the hall of the tribunal to receive from the teacher a communication of 
 rules and to hear him comment on them. They are thus able to acquire an exact 
 notion of their duties, and to know at the same time the jmnishments which will be 
 inflicted on them if they violate the established rules and the rewards accorded 
 to those who distinguish themselves by their good conduct and their application to 
 labor. 
 
 On the occasion of the holding of the tribunal of disciplinary justice and of weekly 
 claims, the director instructs the convicts on their duties and their rights, the disci- 
 plinary regulations relating to employment and restoration to society upon liberation. 
 
 Convicts may procure books at their own expense. The purchases are authorized 
 by the director, with a reserved right of the minister of the interior to approve all 
 works which are not in the catalogues ordered by ministerial decision. 
 
 There are no periodical publications for the use of convicts. At the same time, to 
 facilitate the expatriation of those among them who desire to quit France at their lib- 
 eration, the "Bulletin Mensual de 1' Exposition Permanente des Colonies" is given 
 to the convicts for reading at their request. 
 
 Disciplinary system. — Punishments and reivards. — The convicts who are guilty 
 of violations of the regulations are cited each day to appear before the tribunal of 
 disciplinary justice. Punishments are inflicted by the director, assisted by the 
 inspector, the teacher, and the chief guard performing the duties of the clerk. 
 
 The punishments inflicted are the reprimand, fines ranging from 0.10 franc to 2 
 francs, the hall of discipline, and placing in a cell. Reprimands and fines are sufii- 
 cient to repress the lighter infractions, such as talkativeness, negligence in bearing, 
 petty trading. Punishment in the hall of discipline is reserved for faults rela- 
 tively grave — refusal to work or disobedience, quarreling, abusive language, slight 
 wrongs done to other convicts, etc. * * * It varies from one to fifteen days. 
 Men punished in the hall of discipline receive a ration of bread and soup once a day. 
 They lie in a punishment cell on a camp couch furnished with a mattress. They 
 have one cover in summer, two in winter. In the daytime they are required to 
 march fifteen minutes. The march is followed by a rest of twenty minutes. The 
 duration and the hours of eating are the same as for the others in the population. 
 The punishment in a cell is inflicted for insubordination, grave insults and threats 
 in respect to the administrative persons and guards, disorder and refusal to submit 
 to the regulations of the hall of discipline, etc. 
 
 The convicts punished thirty days in a cell have the food of the healthy men one 
 day in four. The other three days they are subjected to a regime of dry bread and 
 water. Those who are subjected to the cell punishment more than thirty days receive 
 regularly the food of healthy men after the flrst thirty days. Just as with the men 
 punished in the hall of discipline, the convicts in cells lie on a camp couch furnished 
 with a mattress, with one cover in summer and two in winter. 
 
 Violations of regulations — talkativeness, trading, refusal to work and disobedience, 
 threats and insults to guards, quarrels and strife among convicts, etc. — are repressed 
 by discipline. 
 
 Severe wounds upon fellow-convicts, wrongs done to the members of the adminis- 
 trative staff or guards, crimes and misdemeanors of a certain gravity are subjects for 
 j iidicial prosecution. The director enters complaint immediately to the prosecutor 
 of the Republic about the crimes or misdemeanors, at the same time advising the 
 prefect and the minister of the interior. 
 
 The house is organized after the regime of Auburn. There exist divers categories, 
 according to the age, origin, and court history of the convict. So the old men are 
 employed, in a special workshop, at work which causes slight fatigue — the making 
 of- bands. The basket shop, where the apprenticeship is relatively easy, takes, as 
 nmch as possible, the convicts of rural origin. The other convicts are also, as far as 
 possible, classified according to their aptitudes. 
 
 A special quarter, called "for amendment," has been made for convicts who have 
 not served previous sentences and whose antecedents do not give grave cause for 
 anxiety. The men admitted to this quarter of amendment are classed with the 
 iirinting shop. They do not come in contact with the other convicts. A dining 
 loom and a yard are set apart for them. The school is held for them at hours other 
 than those for the rest of the population. 
 
 On the other hand, men who are marked for their bad impulses and who persist 
 in being unwilling to submit to the rules are separated from other inmates and placed 
 in a cell under the title "consign^." 
 
 The director can not retain the convicts in a cell for a longer period than three 
 months. Beyond that term the retention is authorized by the minister of the interior. 
 
250 MODERN PRISON SYSTEMS. 
 
 With very rare exceptions the period in the cell is not authorized for more than 
 one year. 
 
 Pardons and conditional liberation.— Every year a table of proposals for par- 
 dons to be conceded on the occasion of the national festival of July 14 is addressed 
 to the minister of the interior by the hierarchy of public service. This budget 
 includes, in a general manner, the convicts whose conduct has been very satisfactory 
 and who, although they have served a half or two-thirds of their penalty, do not 
 meet the conditions required by the law of August 14, 1885, for admission to the 
 benefit of conditional liberation, whether because they are strangers or by reason of 
 interdiction of residence to which they are subjected, or because of the impossibility 
 of assuring working in a fixed residence. 
 
 Some individual proposals are addressed by way of exception, in the course of the 
 year, in favor of convicts who, after the sending of the budget, distinguish them- 
 selves by an act of devotion. 
 
 Convicts who have served half or two-thirds of their term, according as they are 
 or are not in a legal sense recidivists, are proposed, at all seasons of the year, for 
 admission to the benefits of conditional liberation, if their conduct is satisfactory and 
 if they give assurance of having employment outside or resources sufficient to enable 
 them to live honestly. 
 
 Conditional liberation is granted by the minister of the interior, on the advice of 
 the director, of the prefect, of the procurer-general, and of a commission composed 
 of representatives of the ministers of justice and of the interior. There have'been 
 granted during the last ten years 16 pardons or remissions of the rest of the sentences, 
 297 reductions of the term, 62 commutations of penalty, and 513 conditional liber- 
 ations. 
 
 The average of convicts who have incurred new convictions after having been the 
 objects of grace, or having been brought back after having received the benefit of 
 conditional liberation, is about 2 per cent. 
 
 Conditional liberation has produced some excellent results from the point of view 
 of the interior discipline of the establishment. This reward is very much valued by 
 the convicts and is for them an encouragement to good conduct, and grave offenses 
 have been diminished in a notable degree. This diminution is due also, in part, to 
 the regime of individual separation at night, which was instituted at the central house 
 of Mehin at the time when the law of May 14, 1885, on conditional liberation was 
 first applied. 
 
 Kecidivation. — (1) Recidivists in the proper sense (arts. 56, 57, 58 of the Penal 
 Code) having been previously convicted: 
 
 One time 63 
 
 Two times 11 
 
 Three times 3 
 
 Four times 2 
 
 More than four times 5 
 
 Total 84 
 
 Individuals not legally recidivists previously sentenced: 
 
 Once 124 
 
 Twice 51 
 
 Thrice 113 
 
 Total 288 
 
 Individuals previously confined in establishments of correctional education, * * * 
 39; entire number with such antecedents, 411. 
 
 (2) Individuals who had already been punished by deprivation of liberty for a 
 crime or misdemeanor of the same nature as that which caused the condemnation in 
 course of execution, 206; individuals who had been confined in establishments of 
 correctional education for a crime or misdemeanor of the same nature as that which 
 caused the sentence in course of execution, 3; total, 209. (December 31, 1892). 
 
 Economic service. — (a) Diet of the sound men. — The sound men have a right 
 every day of the week to the following quantities: 
 
 Jlfondaj/.— Morning: Bread, 830 grams per day; thin soup of 4 deciliters, composed 
 of 80 grams of fresh vegetables, 50 grams of potatoes, 10 grams of dried vegetables, or 
 pea soup, 12 grams of fat; salt and pepper as necessary. Evening: A soup similar to 
 that of the forenoon; a mess composed of 120 grams of dried vegetables (lentils), 10 
 grams of onions, 6 grams of fat; salt and pepper as necessary. 
 
MODERN PRISON SYSTEMS. 251 
 
 Tuesday — Morning: Bread, 830 grama for the day; thin soup of 4 deciliters com- 
 posed as that of Monday. Evening: Same soup as forenoon; a mess composed of 
 250 grams of potatoes, 10 grams of onions, 6 grams of fat; salt and pepper as necessary. 
 
 Wednesday — Forenoon and evening: Bread, 830 grams; same diet as Monday with 
 this exception, that in the mess of the evening 120 grams of lentils are replaced by 
 an equal weight of beans. 
 
 Thursday — Morning: Bread, 770 grams; soup of 5 deciliters of bouillon, containing 
 120 grams of beef, 40 grams of fresh vegetables. Evening: The ration of meat cooked 
 in the soup of the morning; a mess composed of 60 grams of rice, 10 grams of onions, 
 5 grams of fat. 
 
 Friday — Morning: Bread, 830 grams; soup, 4 deciliters of bouillon, composed as 
 that of Monday, Tuesday, and Wednesday. At the same time the 12 grams of fat 
 are replaced by 14 grams 4 decigrams of butter. Evening: Same soup as morning. 
 Same mess as Tuesday, except that 6 grams of fat are replaced by 7 grams 2 deci- 
 grams of butter. 
 
 Saturday — Morning: Bread, 830 grams; soup, the same as evening before. Even- 
 ing: Soup, same as in morning; a mess composed of 120 grams of dried vegetables 
 (beans), 10 grams of onions, 7 grams 2 decigrams of butter. 
 
 Sunday — Morning: Bread, 770 grams; a rich soup of 5 deciliters of bouillon, con- 
 taining 150 grams of beef, 40 grams of fresh vegetables. Evening: The portion of 
 cooked meat in the soup for the morning; a mess made of 250 grams of potatoes, 10 
 grams of onions, and 5 grams of fat. The soups for the morning and for the even- 
 ing are prepared separately. 
 
 (6) Additional foods. — The prisoners may procure at the canteen additional food, 
 of which the cost is reimbursed from their disposable funds. These may be deliv- 
 ered to each man, at his choice, if the expense does not exceed 0.50 franc. (The 
 averse is 0.23 franc per man per day. ) 
 
 Monday — Morning: Bread, 1 kilo; coffee, without sugar, 25 centiliters; milk, 60 
 centiliters; butter, 35 grams; eggs, 2. Evening: One portion of cabbage and bacon. 
 
 Taesday — Morning: Bread, 1 kilo; coffee, 25 centiliters; milk, 60 centiliters; Brie 
 cheese, 75 grams. Evening: Veal and carrots. 
 
 Wednesday — Morning: The same food and the same quantity as Tuesday, with 2 
 eggs in addition. Evening: Beef bouillon, 140 grams; vegetables, 35 grams; salt, 
 3 grams; pepper, 1 gram. 
 
 Thursday — Morning: Bread, coffee, milk, as on preceding days, with 52 grama 
 cheese and 130 grams flgs. Evening: One portion sausage and potatoea. 
 
 J^Kda?/— Morning: The same quantities of bread, of coffee, and milk as the other 
 days; butter, 35 grams; sardines, 3. Evening: A ration of macaroni of 213 grams, 
 including fats, salt, pepper, and cheese; a ration of codfish or of salt mackerel of 
 240 grams, including onions, oil, and vinegar. 
 
 Saturday — Morning: The same food and same quantities as Tuesday, with an addi- 
 tion of 300 grama of salt and 30 grama of pepper. Evening: Bologne aausages, 120 
 grams. 
 
 Sunday — Morning: The same food and quantities as Thursday, with this excep- 
 tion, that the 130 grams of flgs are replaced by 100 grama of marmalade. Evening: 
 Mutton and beans. 
 
 There is given once or twice per week in the summer and autumn 260 grams of 
 green salad, including seasoning. Exceptionally the convicts who behave well and 
 who accomplish work above their required task may procure, at their own expense, 
 some wine in the ratio of 25 centiliters per man per day. 
 
 (c) Regulations for the sick. — The infirmary is composed of three medical halls, 
 three surgical halls, eight chambers of isolation for the sick affected by contagious 
 diseases, an office for the physician, a hall for dressing wounds, a pharmacy, a 
 laboratory and adjoining it a bathroom, a kitchen, a room for guards of the service. 
 Generally, owing to the small number of the sick, only one hall for medical treat- 
 ment and one for surgery are occupied. The sick have at their disposition for their 
 promenade during the summer a special court situated between the two wings of the 
 building, and during the winter a gallery covered and warmed. A physician and an 
 apothecary from outaide are connected with the establishment. The visits to the 
 sick occur every morning. The medicines prescribed by the physician are prepared 
 each day by the apothecary and distributed by him. 
 
 Food for the sick. — Sick with a meat diet. — Entire ration: Per day, two soups of 4 
 deciliters of bouillon each, with 50 grams of bread, one in the forenoon, one in the 
 evening; white bread, 500 grams; beef cooked and bones removed, 200 grams; 4 
 deciliters of wine with a quantity of water added as prescribed by the physician. 
 Three-quarters ration: Two soups, one in the morning, one in the evening, of 3 
 deciliters of bouillon each, with 40 grams of bread; bread, 450 grams; beef cooked 
 
252 MODERN PEISON SYSTEMS. 
 
 and without bones, 130 grams; wine, 3 deciliters. Half ration: Two soups, one in 
 the morning, one in the evening, of 2 deciliters of bouillon each, with 30 grams of 
 bread; bread, 400 grams; beef cooked and unboned, 100 grams; wine, 2 deciliters. 
 Quarter ration: Same soup as the half ration; bread, 250 grams; beef cooked and 
 unboned, 60 grams; wine, 2 deciliters. 
 
 Patients on bouillon diet. — The number of bouillons being prescribed by the physi- 
 cian; each bouillon is of 2 deciliters. 
 
 Patients on a slender diet. — The thin soup is distributed morning and evening in the 
 same proportions as the meat soups, according as the patients have the entire ration, 
 the three-fourths, the one-half, or the one-fourth ration. The composition for 1 liter 
 of weak bouillon is: Eighteen grams of butter, 85 grams of fresh vegetables, salt and 
 pepper as necessary. There is, as for the rest, distributed morning and evening, at the 
 same time as the soup, a ration of fresh or dry vegetables in the same proportions as the 
 bouillon. The entire ration is prepared with 120 grams of dry vegetables mashed, or 
 250 grams of fresh vegetables or potatoes, plus 10 grams of sorrel, and 15 grams of 
 butter. The three-fourths rations include 90 grams of dry vegetables mashed, or 1&7 J 
 grams of fresh vegetables or potatoes, plus 7 grams 5 decigrams of sorrel, and 22 grams 
 5 decigrams of butter. The one-half ration is composed of 60 grams of dry vegetables 
 mashed, or 175 grams of fresh vegetables or potatoes, 5 grams of sorrel, 15 grams of 
 butter. The one-fourth ration is prepared with 30 grams of dry vegetables mashed, 
 or 87 grams 5 decigrams of fresh vegetables or potatoes, 2 grams 5 decigrams of sorrel, 
 7 grams 5 decigrams of butter. The patients on a light diet have the same quantity 
 of wine as the patients on a meat diet. The vegetables are replaced by eggs in the fol- 
 lowing proportions: The entire ration, nothing; three-fourths ration, 3 eggs, 2 in the 
 morning, 1 in the evening; one-half ration, 2 eggs; one-fourth ration, 2 eggs. In the 
 preparation of fried eggs there enter 8 grams of butter per egg, and in omelets 10 grams 
 per egg. Vegetables and eggs are replaced by prunes in the following proportions: 
 Entire ration and three-fourths ration, nothing; one-half ration, 250 grams of prunes 
 weighed dry, half morning and evening; one-fourth ration, 125 grams. 
 
 Patients on mill: diet. — The patients on milk diet receive the quantity of milk pre- 
 scribed by the physician. In addition to the regular diet detailed above the physician 
 may prescribe a special diet by the introduction of foods other than indicated above 
 on condition that the value of the articles prescribed does not exceed that of the diet 
 of the infirmary. 
 
 All the patients are cared for in the infirmary of the establishment. In no case are 
 they sent to the hospitals. In case of a surgical operation which involves danger of 
 loss of limb or life the physician is assisted by a surgeon from the city. The 
 autopsies are made upon the cadaver in case of sudden death, accident, or suicide, and 
 in general whenever there is a scientific interest by reason of the epidemic or endemic 
 nature of the disease, or for any other reason. The insane or epileptic convicts 
 are the subject of a medical report which is addressed by the director to the minister 
 of the interior, by the regular course, on an order for transfer. When a transfer is 
 authorized they are sent to an asylum for the insane at Gaillon, where they have the 
 benefit of a special treatment which carries with it a milder regime than that of the 
 central house. The time passed by the insane or epileptics at the asylum at Gaillon 
 counts on the term of the penalty. 
 
 (d) Clothings, underclothing, bedding' at cost of state. — The clothing includes 
 the articles composing the penal costume of the convicts: Jackets of wool, changed 
 twice a year; trousers; waistcoats; caps; socks, every fifteen days in winter; socks of 
 yarn and cotton in summer; suspenders; wooden shoes, every three months; stock- 
 ings of wool for the sick, as required; hoods for the sick. Under clothing: Shirts, 
 each week; pocket handkerchiefs of cotton; hand towels of linen; drawers of cotton; 
 cravats; headbands. 
 
 The bedding. — Bedding for the sick: Iron bedsteads of the infirmary, 1.95 meters 
 long and 0.85 meter wide; straw mattress, filled with 20 kilos of straw (the straw is 
 renewed twice a year, and regularly after every death); mattress of the infirmary 
 composed of 7.830 kilos of wool and 3.670 kilos of horsehair (beaten up twice a 
 year) ; cylindrical bolsters of 1.400 kilos of wool and 700 grams of horsehair (beaten 
 up twice a year) ; feather pillows weighing 2 kilos; bed clothing of the infirmary, 3.20 
 meters long and 2 meters wide (changed every fifteen days) ; covers of wool, 2.60 
 meters long, 1.30 meters wide (changed once a year); covers of cotton, 2.60 meters 
 long, 1.30 meters wide (changed once a year). Bedding for the sound men; Bed- 
 steads of iron for the sound men, 1.95 meter long, 0.70 meter wide; rush mats, 1.95 
 meters long and 0.70 meter wide; mattresses for the sound, 6 kilos of wool (beaten up 
 onceayear); cylindrical bolsters, 2kilos of wool (beaten uponceayear); bedclothing 
 for the sound, 2.50 meters long, 1.20 meters wide (changed each month); covers of 
 wool (changed once a year); covers of cotton (changed once a year). The beds are 
 
MODEETS" PRISON SYSTEMS. 
 
 253 
 
 scalded and cleaned each year in spring. The mattresses and bolsters of the infirmary 
 are beaten up more often when required in urgent cases. The linen clothes of the 
 mattresses and bolsters of the infirmary and of the sound men are bleached and 
 repaired each time that the mattresses and bolsters are beaten. 
 
 The wearing of a penal costume is obligatory on all convicts. The prisoners may 
 procure at the canteen, at their own expense, clothing and additional articles as fol- 
 lows in detail: Waistcoats of wool, cotton, or flannel; stockings of wool or cotton; 
 socks of twist; belts of flannel; brushes; soap, etc. 
 
 Organization of -work. — Labor is employed both on state account and on con- 
 tract. The industries on state account are the following: 
 
 (1) Printing.— The . printing department furnishes printed materials and the 
 necessary records for the penitentiary services and other services of the ministry of 
 the interior, the minister of the colonies, and the ministry of public instruction, and 
 for the Soci6t6 G^n^rale des Prisons and certain societies for aiding prisoners. 
 
 (2) Tailors. — The workshop for making clothing provides for the clothing of the 
 ofiicials of prisons and public colonies for young prisoners, for the servants of the 
 bureau of the ministers of justice and of the interior, and of the national printing 
 establishment. 
 
 (3) Shoemaking. — The shoemaking shop provides shoes for the employees of the 
 national printing establishment at Paris and for the convicts in certain penitentiarv 
 establishments. 
 
 (4) Brush making. — The workshop for brush making provides for the needs of 
 penitentiary establishments and for certain branches of the service of the ministers of 
 justice and of the interior. 
 
 Labor on state account includes exclusively the making of articles destined for the 
 service of the state or for services subsidized by the state (as Soci^t^ des Prisons, 
 soci^t^s de patronage). The central house at Melun does not sell outside to the 
 trade nor to individuals. 
 
 (5) Works of building and furniture for the prisons are executed on state account 
 by the convicts. 
 
 (6) Oeneral services. — It is the same with the laundry, repair of linen, bakery, 
 kitchens, infirmary, cleansing, and transportation within the establishment. 
 
 The industries on contract are the following: Stamping of metals, bands for 
 agriculture, basket work (large), cabinetwork (small), wool weaving, watchmaking, 
 matches, and benches in rough. 
 
 ^ Nomenclature of industries. 
 
 ON STATE ACCOUNT (EN REGIE). 
 
 Nomenclature. 
 
 Average 
 
 waffes per 
 
 aay. 
 
 Printing 
 
 Tailoring 
 
 Brush making 
 
 Shoemaking 
 
 building and furniture 
 General services 
 
 Total 
 
 Francs. 
 1.93 
 1.79 
 1.41 
 2.24 
 1.51 
 1.54 
 
 ON CONTRACT (EN ENTERPRISE). 
 
 Stamping of metals 
 
 Bands for agriculture (for aged and infirm) 
 
 Metal weaving 
 
 Basket work 
 
 Cabinetwork 
 
 Wool weaving 
 
 Watchmaking 
 
 Kindling 
 
 Roughing benches (apprentices) 
 
 Total 
 
 104 
 
 1.78 
 
 31 
 
 .56 
 
 24 
 
 1.67 
 
 66 
 
 1.78 
 
 17 
 
 1.73 
 
 22 
 
 1.68 
 
 1 
 
 2.70 
 
 7 
 
 1.77 
 
 11 
 
 .50 
 
 277 
 
 
 Total of convicts employed in the various workshops December 31, 1894, 542. 
 
254 MODEEN PRISON SYSTEMS. 
 
 Operation of the workshops. — The diflerent workshops are installed in large rooms, 
 where the work takes place in common, under the rule of silence. Communications 
 between the convicts and the guards and foremen take place always in a low voice. 
 The same is true of communications necessitated by the demands of work between 
 the chief workmen convicts, the workingmen, and apprentices. In regard to disci- 
 pline, the supervision of the workshop is done by a guard; the same room may have 
 sometimes two small workshops under the surveillance of the same guard. Above 
 the number of 50 convicts the surveillance is by two guards. 
 
 In regard to industry, each workshop is directed by a free foreman. The free 
 foremen (workshops on state account) are directly dependent on the steward 
 (6conome), who alone is responsible for materials. 
 
 The free foremen (workshops on contract) depend on the managers (contractors) 
 in all relating to the care and transformation of materials. They are subject to the 
 disciplinary rules of the establishment, and can be excluded from the house by the 
 prefect on report of the director. 
 
 Both are admitted only on proof of clear judicial record and certificates of good 
 conduct. The workshops for brush making and shoemaking, being unimportant, 
 have no foremen. A guard, under the direction of the steward, is charged with 
 watching the workshop and caring for the raw materials. 
 
 Classification of prisoners. — Prisoners are classified, as far as possible, according to 
 their professional aptitudes, by the inspector, on the suggestion of the steward or by 
 the contractor. This classification is approved, with or without modifications, by 
 the director. The changes in the workshop may be occasioned by reasons of health, 
 on the advice of the physician, or by the requirements of the industry, or by the 
 educational (professional) interest of the prisoners, and heeding, so far as may be 
 done, the desires which they express. 
 
 Apprenticeship. — The apprenticeship is as short as possible; it includes several 
 periods and varies from eight days to three months, with the power of discretion in 
 Hhe local administration to reduce it or prolong it, according to the disposition of the 
 workmen. There is no apprenticeship if the workman knows the work assigned to 
 him. The apprentice is paid 0.30 francs to 0. 80 francs, according to the period and the 
 industry. The master of the apprentice paid by the piece is responsible for the 
 defects of his apprentices; but he profits by the work produced by them in excess of 
 the sum which they receive. Another method of apprenticeship is to pay the master 
 of the apprentice and the apprentices by the day, both being responsible for the 
 defects in their task. In this case the state or the contractor profits by all the product 
 of their labor. 
 
 Daily task required. — All prisoners, without exception, are held to accomplish a 
 daily task. This task is proposed by the foreman, controlled by the inspector, and 
 approved by the director. It should be, as far as possible, proportioned to the 
 strength and professional capacities of the workmen. The tasks once established 
 ought to be, save in cases of sickness submitted to the physician, completely accom- 
 plished. They are often verified by the inspector, who refers to the tribunal of dis- 
 ciplinary justice every individual whose work book shows a deficit equal to or more 
 than the average daily wages of the industry to which he belongs. The deficit in 
 the task, when it is not habitual, is punished with a fine; the workman pays to the 
 treasury the amount lost by the inadequacy of the task. In case of an oft-repeated 
 deficit the fine as punishment is still used, but the penalty is increased generally by 
 the discipline room. (See above. Punishments.) Work accomplished beyond the 
 task imposed is paid according to the same rates as work included in the task, but 
 the workman finds himself recompensed as follows: 
 
 (1) Authorization to increase outlay at the canteen, and to procure especially 25 
 centiliters of wine, if in all respects his conduct is irreproachable. 
 
 (2) After three months of exceeding the daily task he is transferred to the list of 
 the first workmen, and as such receives a distinctive mark and is authorized to wear 
 shoes, at his own cost, instead of wooden shoes. 
 
 (3) Special notes indorsed on the record of the active workers in view of employ- 
 ment by the chief workman of the shop and in view of pardon or of conditional 
 liberation. Beyond this the workmen whose work is sustained are able to obtain, 
 after six months of residence and good conduct, one-tenth of the part which falls to 
 them in the products of labor. 
 
 Defects, intentional and accidental. — Defects not imputable to the evil will of the 
 prisoner call for an indemnity in favor of the party injured. This indemnity may 
 not be equivalent to the damage caused, and the director, on the advice of the inspector, 
 may fix an abatement. It can not be more than the total product of five days of 
 work. The sum of the defects imputable to the vicious will of the prisoners, on 
 the contrary, is entirely reimbursed from the disposable fund of the author of the 
 
MODERN PRISON SYSTEMS. 255 
 
 damage without regard to disciplinary punishments or judicial prosecution. The 
 derelictions of every kind are subject to the same rules as the defects. 
 
 Free foremen of the shops (see above on the operation of the shops) . — The free fore- 
 men of the shops (state account) are named by the minister of the interior, on the 
 su^estion of the director and the advice of the prefect. They are paid by tlie state. 
 They have no claim on a retiring pension. They hold, under the authority of the 
 steward, an auxiliary account of materials, are occupied with their transformation, 
 and furnish to the steward and to the director all the elements of the wholesale 
 price of the products made. They supervise the industrial materials of their shop 
 and propose all measures proper for keeping it in a good state of repair. The same 
 holds good of the places occupied by the shop which they direct. They assign, under 
 the authority of the inspector, the places which the workmen are to occupy in their 
 shops, as well as the work which is to be given them. They supervise the appren- 
 tices and give to the workmen the technical explanations which may be necessary 
 for them. They have no disciplinary power and restrict themselves to indicating in 
 writing in a book of reports all the incidents of their service. These books are 
 placed under the eyes of the steward, the inspector, and of the director, who decides 
 what is right. The free foremen of the shops on the contract plan are paid by the 
 contractors. Their duties are the same as those of the free foremen in the shops on 
 state account. ' They have no disciplinary power in the proper sense, and keep a 
 register of reports, where they set down the facts which are of interest to their shop. 
 
 Classes of labor. — Labor is strictly obligatory for all convicts of the central house 
 of Melun, which ordinarily includes only one class of prisoners — those condemned 
 to reclusion, a penalty whose duration varies from five to ten years and which may 
 be exceptionally extended to twenty years and even to perpetuity for individuals 
 whose penalty has been commuted or much softened, as happens for sexagenarians. 
 
 The contractors pay to the state all the product of labor ( wages of prisoners). The 
 state in turn pays back the quota which falls to the prisoners. All prisoners, under 
 the ordinance of December 27, 1843, have right to wages. The quota which returns 
 to the convicts varies from one- tenth to four-tenths of the products of labor (sum of 
 wages paid by the contractors). 
 
 To fix this quota account is made (1) of the nature and duration of the penalty; 
 (2) the judicial record of the convict; (3) of his conduct in prison. Those con- 
 demned to seclusion obtain four-tenths of the wages allowed if they have not pre- 
 viously incurred a fentence above one year of imprisonment. They lose, on the 
 other hand, one-tenth for every previous sentence above one year and two-tenths if 
 said penalty is a condemnation to fund labor. At the same time the quota may not 
 be in any case lower than one-tenth. The convicts whose conduct is good and the 
 work steady may for recompense obtain one-tenth or two-tenths as supplement if they 
 had been classed on arrival for one-tenth, and one-tenth only if they belonged to 
 the classes of two-tenths, three-tenths, or four-tenths. 
 
 Fund (pdcule) of convicts. — The average amount of the remainder of the fund 
 is: Three years of detention, 250 francs; four years, 350 francs; 5 years, 450 francs. 
 
 Formation and administration of the fund. — The fund of the convicts is composed of 
 sums which are credited them on the product of their work, or of what they brought 
 with them at their admission, or which during their detention has come into their 
 possession or been sent to them for any reason whatever. It is divided into two 
 parts, the disposable and the reserve fund. The quota which is due the convicts 
 from the product of labor is divided into two parts — half to the disposable fund, half 
 to the reserve fund. The disposable fund includes in general the sums brought or 
 received by the convicts and the gratuities. The head accountant is charged with 
 keeping account of the fund. 
 
 A work book is given to every convict to write down (1) the tools which are given 
 him; (2) the raw materials used in the work; (3) the prices to be paid according to 
 the rates arranged by the minister of the interior; (4) the amount of wages due him 
 monthly. A book of the fund is started in the name of each convict on his arrival. 
 The receipts and expenses are written up monthly. This book is sent to the convict 
 each month that he may know its contents. 
 
 Average wages. — The average wages of convicts has been, in 1892, 1.78 francs by day 
 of work and 1.34 francs by day of detention. The part for the State has been 0.76 
 franc by day of detention. Three convicts received two-tenths of the product of 
 their labor, 34 received three-tenths, 641 received four-tenths, and 7 received five- 
 tenths. 
 
 Disposable fund. — Nature and average of personal expenses by day of detention in 
 1892: Bread and other food, 0.238 franc; additional clothing, utensils, 0.048 franc; 
 letter postage and small items, 0.006 franc; average outlay, 0.29 franc. 
 
 Reserved fund. — The convicts may, during their detention, be authorized by the 
 
256 MODERN PRISON SYSTEMS. 
 
 minister of the interior to make drafts on their reserve fund to pay, altogether or in 
 part, their costs of justice; to send, upon certificate of indigence, help to their 
 families; to pay a debt, or to make restitution. The remainder of the disposable 
 fund is claimed at liberation to pay expenses of justice. The reserved fund belongs 
 to the discharged prisoner; he meets the expenses of clothing and travel out of this 
 fund. The remainder of the reserved fund is sent by postal order to the selected 
 place of residence. Only pardoned and conditionally liberated men can receive this 
 fund at their exit. Convicts who have solicited and obtained assistance deposit 
 voluntarily their reserve fund with the societies of patronage, in the form of a savings- 
 bank book. Outside of such aid no special measure is taken to prevent the convicts 
 wasting their fund, unless it is that they may not use it except at their chosen resi- 
 dence. 
 
 Protectorate (patronage). — The central house is situated in the city of Melun, 
 the seat of a society of aid and assistance by work. One can say without exaggeration 
 that assistance is not wanting to the discharged men. The society of patronage at 
 Melun assist each year more than 1,200 unhappy travelers, mendicants, vagabonds, 
 with or without previous criminal records; but the discharged men of the central 
 house rarely appeal to their benevolent intervention. This is due to several causes, 
 and especially to the character of the population. The house contains practically an 
 annual average of 149 liberated men: 
 
 Discharged definitely 59 
 
 Discharged conditionally 68 
 
 Pardoned 6 
 
 Liberated aliens expelled at the frontier 16 
 
 Total 149 
 
 In quite a large number of cases the society of patronage, by the intermediation of 
 the director and chaplains of different confessions, has intervened to secure or hasten 
 the reconciliation of convicts with their families or former employers. This system 
 succeeds generally with the conditionally released men. The society of patronage 
 also concerns itself for the families of the convicts, and has made advances to them 
 of 903 francs, which has been repaid entirely out of the fund of the convicts during 
 their detention. The 59 convicts discharged without conditions, who figure in the 
 table above, have not appealed for aid, although most of them are without employ- 
 ment on their liberation. This is due to the fact, we believe, that their fund is large 
 enough to lead them to hope to provide themselves with work, and above all from 
 the desire to withdraw themselves from all control. The larger part of these indi- 
 viduals are hardened recidivists who give little hope of their returning to good con- 
 duct. A good means of rendering, them service would be not to give them their 
 fund except in monthly installments of 50 francs. 
 
 So far as aliens expelled are concerned, the national assistance is not for their use. 
 Some attempts have been made to secure for them international aid, but no one has 
 accepted it. There is reason to believe that the remainder of their fund is sufiicient, 
 in their eyes, to permit them to hope to provide themselves with work. 
 
 Juvenile Offenders. 
 
 These regulations were adopted by the minister of the interior on the advice of an 
 extra parliamentary commission composed of senators and deputies (among them 
 those who had been, in recent years, reporters on the prison budget), of magistrates, 
 of administrative officials, and of persons who had studied carefully questions relating 
 to juvenile offenders. 
 
 This same commission has formulated the following views, which will be very 
 attentively considered by the higher administration: 
 
 "At least three types of establishments should be maintained: The reform school, 
 the penitentiary colony, the correctional colony. In the first instance certain cate- 
 gories of children may be placed in the reform schools. A department for observa- 
 tion should be annexed to each penitentiary colony, and children above 12 years 
 should at first be sent there. 
 
 " The penitentiary colonies created by the law of 1850 should receive the title of 
 houses of penitentiary education. The commission expresses the opinion that an 
 understanding should be established between the minister of the interior and the 
 minister of justice, so that when a child goes from the hands of justice he shall be 
 accompanied with a ' notice' giving detailed information about the physical and moral 
 state of the child, on his antecedents, and as much as possible those of his parents. 
 
MODERN PRISON SYSTEMS. 257 
 
 "Establishments should be maintained for children under 12 years in schools of 
 reform of the present type. The system here should be different. * * * Special 
 schools or departments should be provided where the methods of reform schools may 
 be carried out, and where, as a reward, children who have been very well behaved 
 in houses of penitentiary education may be admitted. In every house of penitentiary 
 education the young prisoner should be placed under observation for a certain time 
 after his arrival. This observation shall be so conducted that all contact with recent 
 arrivals and the population of the establishment shall be prevented. The sleeping 
 rooms should be so arranged as to secure isolation during the night." 
 
 The law of 1850, in establishing penitentiary and correctional colonies, did not 
 impose any programme. It did not confine the administration to fixed and immuta- 
 ble rules by specifying what these establishments should be in relation to material 
 organization and composition of the population. The administration also has been 
 able to determine step by step the arrangement of colonies, and to establish divisions 
 even in the categories fixed by the law. One can not pass over in silence the improve- 
 ments which have been introduced into all the services relating to wayward children, 
 especially during recent years. The administration has endeavored to make pre- 
 dominant in the establishments of correctional education the idea of protection and 
 moral reform rather than of repression. It is with this purpose that the employees of 
 the colonies have been chosen chiefly for their ability in teaching. The number of 
 teachers has been trebled in recent years, and, aside from the steward and his assistant, 
 the bookkeeper and all the employees of the administrative service are teachers placed 
 under the orders of the director. It is a reform whose results are notable. Before 
 1876 the penitentiary-colony included children of all ages. Those under 12 years 
 formed a special section called the "Petit-Quartier," supervised by the Sisters of 
 Prisons. This thought of isolating the little ones was good, but frequently the condi- 
 tions of common life brought them in contact with the older pupils. The adminis- 
 tration became aware of this fact and authorized the creation, at St. Eloi, near 
 Limoges, of a special house, to which it gave the name of " School of Reform." Only 
 children under 12 years were placed there. In 1877 this example was followed by 
 Sisters of Providence at RibeauvilW, who were authorized to create a second "School 
 of Eeform" for the same class of children at Frasne-le-ChMeau (Hte-Sa6ne). These 
 three colonies are private establishments. The same thought inspired the organiza- 
 tion by the State of the reform school of St. Hilaire ( Vienne). 
 
 According to the last statistics of 1897, the population of the penitentiary establish- 
 ments for young prisoners on December 31 was as follows: 
 
 Public establishments boys. . 2, 361 
 
 Private establishments do 2, 337 
 
 Private establishinents girls. . 1, 016 
 
 These minors were distributed in the different houses whose names are found on 
 the succeeding papers. 
 
 We believe we should describe as completely as possible some of these establish- 
 ments, by reason of the peculiar characteristics which they present, whether they 
 constitute special types of penitentiary colonies, or whether they include special 
 sections and differ in their entirety in respect to organization, the nature of work 
 required of the pupils, and even, in a certain degree, m discipline. 
 
 PUBLIC ESTABLISHMENTS. 
 
 Reform School of St. Hilaire (Vienne). — In 1894 one of the eminent reporters 
 of the penitentiary budget expressed himself thus on the subject of reform schools: 
 "The penitentiary administration has understood that there was in the law an 
 imperfection which is to be regretted, and it has endeavored to supply the want in 
 practice by a happy classification, and by the formation of separate houses for the 
 class of children most deserving of pity, least corrupted, and more accessible to good 
 influences and improvement." It pays honor to the lady directors of reform schools, 
 and says: "There has also been founded a laic and public establishment of the same 
 kind by the gradual transformation of the colony of St. Hilaire (Vienne). This 
 establishment, which includes three farms distant from each other, seemed to offer 
 the best conditions for the organization of a. reform school. At the same time the 
 difficulties encountered being great, we have proceeded with prudent caution. From 
 the beginning in 1891 the farm of Chanteloup was exclusively devoted to children 
 under 12 years. Provisions were made to prevent contact with pupils of other farms. 
 A teacher and some women or daughters of employees were charged with supervision 
 and moral education. On February 2, 1891, the reform school counted 62 pupils; on 
 August 1 of the following year the population had reached the number of 109. The 
 
 H. Doc. 452 IT 
 
258 MODERN PRISON SYSTEMS. 
 
 results were excellent. All the children, with few exceptions, showed themselves 
 industrious and docile, and the administration was thus encouraged to extend the 
 reform school. It decided that the two other farms of Bellevue and Boulard should 
 be gradually left free from the young prisoners of greater age and that in future the 
 colony of St. Hilaire should be exclusively recruited among young prisoners of less 
 than 12 years. These are the wise measures of preservation on which the adminis- 
 tration has a right to be felicitated." Encouraged by the results, the administration 
 has, after complete transfer of larger boys, transformed the penitentiary colony of 
 St. Hilaire into a school of reform. 
 
 Three distinct branches were established: (1) The farm of Ohanteloup, which 
 receives the children as they come from without; (2) the farm of Bellevue, to which 
 pass the children of Ohanteloup when, by reason of the degree of their primary 
 instruction, of their physical development, and age, it is no longer possible to keep 
 them there; (3) the farm of Boulard, which receives the youth from Bellevue when 
 they are already large, strong, instructed, and able to do heavy field work and shopwork. 
 
 At Ohanteloup the corps of teachers and supervisors includes 1 head teacher (a 
 woman), 2 ordinary women teachers, 1 head supervisor, 5 ordinary supervisors, 3 
 supervisors for outside service, and 1 special priest. 
 
 The physician of Boulard visits the farm every day. The officers are appointed by 
 the minister and are placed under the authority of the director of the school, who 
 is at the farm of Boulard. The head woman teacher reports only to the director. 
 The service is divided into two parts: (1) The interior and (2) the exterior service. 
 The interior service is cared for by the head woman teacher, the ordinary women 
 teachers, and the head and ordinary supervisors. The three women teachers are for the 
 service of instruction for all the population, which varies between 100 and 110 pupils. 
 These are divided into three courses, each of at least two divisions. The programmes 
 are those of the primary schools. The division of matter is the same as in public 
 instruction. There is a course in vocal music and the children have practice in sing- 
 ing. They are heard in certain ceremonies, during the exercises at the promenade, 
 and at mass. Outside of the class the women teachers cooperate with the supervisors 
 in all the services and movements of the day. They take the place of the mother in 
 all things, and the child is happy on returning from the outside labor to find a sort 
 of family hearth. The supervisors are chosen from among the widows of guards. 
 Almost all are mothers of families, having known the unhappiness and struggles of 
 life, and bring the most precious assistance to themoral reform of the little unfortunates. 
 
 The farm, situated on a plateau, is surrounded by woods; the air is very pure and 
 salubrious. The buildings are very well furnished; everywhere verdure and flowers; 
 all is smiUng and gay. A park of 7 hectares surrounds the house; a garden culti- 
 vated by the children furnishes the vegetables for the young population and for the 
 employees. 
 
 The external service is cared for by two supervisors, who keep the cattle and attend 
 to the teams. They make the rounds to assure security, are busy with instructions 
 in gymnastics, accompany the promenaders on Sunday, and direct the horticultural 
 and agricultural works. 
 
 The population of little children is divided into three brigades. The first is charged 
 with the care of the park; the second with the garden and flowers; the third is 
 directed by the person who is in charge of cultivation, this being the largest. Some 
 children, the smallest, are busy with the service of cleanliness, the kitchen, etc. 
 
 Farm of Ohanteloup — The disciplinary system is suited to the class of children 
 under 12 at this farm: Standing erect, lowering the grade, erasure from the tablet of 
 honor, isolation by day in a special chamber, and where there is rebellion a chamber 
 called "cabinet de reflexion." Ohildren placed in isolation receive the. ordinary 
 diet and rest in a sleeping room. Aside from the isolation all the other punishments 
 are ordered by the head teacher, with the obligation to report daily to the director. 
 
 Rewards granted by the director are: First, inscription on the tablet of honor; 
 second, additional food; third, playthings and dainties. Rewards granted by the 
 head teacher: Good marks which pay a punishment or procure playthmgs; confiden- 
 tial employments; grades, chevrons, badges, cross, ana insignia. 
 
 Rewards of honor granted each trimester are: First, the flag of honor to the section 
 which has had the fewest punishments in the trimester; second, the blue rilDbon, 
 the red, the green, or tricolor, with a cross, as reward for work, either at school or in 
 shops. The most meritorious is named the banner bearer. The corporals and 
 sergeants receive chevrons, badges, as well as the drummers and trumpeters. Out- 
 side of these rewards, there are some more desired, perhaps, because they are rare 
 and coveted elsewhere. 
 
 First of all, the Ohristmas tree, decorated with toys and bonbons. The ceremony 
 is presided over by the director, assisted by the employees. Then on the 1st of 
 
MODERN PRISON SYSTEMS. 259 
 
 January there is a distribution of bonbons. At Easter colored eggs. On July 14 
 sports of all kinds and artificial fire. The picnic in the woods. And on the day of 
 the festival of the region, wooden horses, circus, etc. This day is one of the best, 
 and forms the subject of conversation for many a day. Often the children arrive 
 sickly, mean, scrofulous. After a month of living at Chanteloup one can no longer 
 recognize them. 
 
 The task which falls to the teachers is painful; but the counsels, the advice, the 
 affection are effective with many children, because they are so young and the evil 
 has not yet taken deep root in them. The impressions received at Chanteloup are 
 not effaced when the children have gone away. They remain submissive, industri- 
 ous, affectionate, thankful in relation to their masters and supervisors. 
 
 Farm at Bellevue. — This farm receives the children of Chanteloup who are 
 between 12 and 13 years of age. The hours of class instruction are less numerous. 
 The manual work becomes more serious and more regular. A teacher (head of the 
 detachment) resides on this farm. He is placed under the authority of the director, 
 to whom he renders a daily report of all that occurs. The children are under the 
 surveillance and direction of foremen, and no longer of women. The work is agricul- 
 tural. Many children are occupied with the sheep and with poultry. In case of very 
 bad conduct the culprit is taken to the farm of Boulard, which is 2 kilometers distant. 
 The farm has an extent of 71 hectares, and the dormitories contain 76 separate cham- 
 bers. The head teacher visits Bellevue each day. The director also appears there 
 from time to time. 
 
 The punishments are fixed by the director, with the exception of being made to 
 stand m a corner and the deprivation of recreations, which are inflicted by the 
 teacher, head of the detachment. 
 
 Farm of Boulard. — It is at this farm that the administrative and economic serv- 
 ices of the reform school are centralized. The director, the administrative and teach- 
 ing officers reside there. The extent of the cultivated lands is 138 hectares. The 
 children are sent to Boulard from Bellevue when they reach the age of IB years. 
 They remain there until their departure, whether by provisional liberation or definite 
 release. Two large dormitories contain 284 individual chambers. 
 
 The refectory is large and well ventilated. One may see in the center a commemo- 
 rative tablet bearing the names of former pupils who died for their country. On the 
 sides the tablet of honor and the list of children who have obtained a certificate for 
 primary studies. At the end there is a theater, where, during the winter, comedies 
 are played. There is singing and recitations. The young prisoners find great pleasure 
 in these things. 
 
 The buildings are well furnished. The carriage houses, stables, and swine sties 
 are well arranged. The infirmary has two large separate halls, with three chambers 
 of isolation, a rest hall with covered promenade, court and garden, a kitchen, a phar- 
 macy, a bath room, and a chamber for the infirmary supervisor. The supervisor is 
 aided by his wife, who has the title of wardrobe keeper for the infirmary. 
 
 The hydrotherapeutic apparatus is in another place. Shower baths are given to 
 all children, two each week in summer and one in winter. A school hall serves for 
 chapel. The chaplain reads the service every Sunday. 
 
 Classes are held every day, on the average three hours. They are directed by the 
 head teacher, the teachers, and supervising monitors. The classes are suspended 
 during the heavy agricultural labors. 
 
 Instrumental music is taught at Boulard by the supervising foreman of music. 
 This instruction is not permitted to interfere with apprenticeship to a manual trade. 
 
 At this farm the agricultural and industrial workmen are trained. The workshops 
 are so organized as to meet the needs of the establishment and to provide for the 
 agricultural works and the repairs on the buildings. These workshops are for black- 
 smiths, farriers, edge-tool makers, wheelwrights, carpenters, masons, painters, shoe- 
 makers, and bakers. 
 
 At Boulard the disciplinary system is that of a colony of penitentiary education. 
 The rewards come under the same principle. It is in the contingent at Boulard 
 that the director chooses subjects for placing with individuals. These set a high 
 value on the pupils. The director is able to find evidence in the pupils at Boulard 
 of the happy effects of the education which they have received at Chanteloup. 
 
 Public colony of education, penitentiary, agricultural, and maritinae, at 
 BeUeisle-en-Mer (Morbihan. ) — In addition to agricultural works, that which 
 gives a distinct place to this establishment is the apprenticeship of a part of the 
 pupils to the rude labors of the sea on the schooner Sirena. The maritime section 
 ordinarily includes 90 to 100 children taken from the agricultural section of the col- 
 ony, to fill, so far as needed, the vacancies caused by release and enlistments in the 
 service of the navy. The maritime section is provided with a corps of instructors and 
 
260 MODERN PRISON SYSTEMS. 
 
 nautical appliances of instruction such as are requisite to give theoretical and profes- 
 sional training and satisfy the demands of the service. 
 
 Personnel of instruction.— Inclades: (1) An officer of the commercial marine, chief 
 of the service; a former captain, with long experience. He is charged T\ith all the 
 details of technical instruction of the pupils under the immediate authority of the 
 director of the colony, from whom he receives instructions and to whom he renders 
 a daily report. He directs the lessons and the practical exercises of the marines and 
 sees that the teachers perform their duties exactly. He presides over the exercises 
 of the small sail vessels in the roadstead of Belleisle; busies himself with various pro- 
 fessional works, controls the good order, discipline, and conduct of the boys; super- 
 vises the workshop of the ropewalk for which he is responsible, and keeps the reg- 
 isters of the school. 
 
 (2) An experienced captain of the coasting trade, having the rank of first super- 
 visor, who assists his chief and supplies his place in case of absence or hindrance. 
 He gives orders to supervisors, directs the sailing exercises and maneuvers on board 
 a fixed boat, and commands the rowing boats on the sea. He keeps a ship journal 
 in which are set down the striking events of the day. At night he assists in super- 
 vising the dormitories and receives the orders of the head supervisor of the colony in 
 respect to all except maritime affairs. 
 
 (3) Four marine supervisors, all former sailors bre vetted for service — these are 
 charged with the details of practical instruction, under the direction of the chief or 
 captain, or his second. They impart to the recruits the primary elements of the mari- 
 time profession, show them how to work, and, as their instruction progresses, initiate 
 them into the various professional labors. They command the small vessels as 
 patrons, give lessons to the pupils in swimming with the oar and scull, follow them 
 in all the practice exercises, and watch over discipline. They assist also in supervis- 
 ing the dormitories and the proper activities of the colony. 
 
 (4) A supervising foreman of the ropewalk- directs the workshop of rope mak- 
 ing under the special surveillance of the captain. He teaches them to card, spin, 
 place hemp in position, and with their aid execute all the orders for ropes. 
 
 The various workshops — The fixed boat — The floating material — The fishing material. — 
 The special workshops have been erected to render more profitable the practical 
 instruction of pupils and to divide the works and the lessons, so as to avoid the occa- 
 sions of dissipation often produced by too great a congestion of pupils in the same 
 place. They are four in number — the school of seamanship and steering, of sails 
 and cordage, the workshop of rigging, and of rope making. All are provided with 
 tools, instruments and materials necessary for their processes. 
 
 The school of seamanship and of steering, where the pupils receive their first notions 
 of the marine calling, is a great hall which can receive and occupy the entire popu- 
 ulation when the outside occupations are not practicable on account of bad weather. 
 The appliances for small boats of the colony are thus arranged in good order, as well 
 as the practice guns and all articles of professional instruction, such as marine 
 charts, tables of the national flags and signals, compass, instructions relating to coast 
 buoys and the naval lights, books, manuals, naval model, etc. The school of sea- 
 manship serves as a hall of honor. There the marine foreman, aided by selected 
 monitors, teaches the recruits to know the different parts of a hull, masts, various 
 ropes. Then they learn to make knots, plats, thongs, splices, anchorages, etc., in use 
 among sailors, and then is explained the magnet and compass. Then they learn to 
 hold to a sail's yard, to draw a sail, and become familiar, in a word, with the first ele- 
 ments and movements of the trade before being admitted to the exercises of the fixed 
 boat. 
 
 The workshop for sails and cordage is installed in the school of seamanship so that 
 surveillance may be made easy. Having received adequate notions of sailmaking, 
 the pupils who come on board the ships of the navy, or commercial fleets, are able 
 to make themselves much more useful since the sailors became more rare lay reason 
 of the transformation of sailing vessels to steam ships. Twenty pupils taken at the 
 time of enlistment or of approaching release, are admitted to this workshop; but 
 their comrades enter then in their turn as vacancies are caused by departures. They 
 learn to make and repair cords, to sow and repair a sail. They are instructed in all 
 ordinary' operations, and a good number of them, when they have regained freedom, 
 can flnd a livelihood by reason of this apprenticeship to the trade of sailmaking. 
 
 The workshop of rigging, directed by a special marine supervisor, serves, as the 
 name indicates, for instruction in the different works of making, maintaining, and 
 repairs of the rigging of ships. There the pupils derive profit from the lessons 
 received in the school of seamanship, and perfect their instruction. They learn to 
 worm, press, strap the pullies, to make the anchorages in use at sea, as well as other 
 acts necessary in real seaman life. They repair the rigging of the fixed ship, which 
 
MODERN PRISON SYSTEMS. 261 
 
 is stored below in winter, and place it in position, which constitutes the best of all 
 lessons lor them. The pupils, before enlistment are then subjected to an examina- 
 tion, for it is important that they be in a position, when they present themselves to 
 the division of Lorient, to pass a similar examination for admission to the school of 
 topmen at Brest. 
 
 The workshop of cordage is furnished with its wheels, turns, bridges, and other 
 machines of the trade; in the loft of one part of the establishment, having a length 
 of about 100 meters, the hemp is received in the raw condition, so that the apprentice 
 may pass through the different steps of the trade of ropemaker, and to render the 
 manufactures of the workshop more advantageous to the State. Thanks to the 
 efforts of a competent foreman the cordage delivered to the penitentiary adminis- 
 tration does not fear comparison with that of private industry. A second ropewalk 
 in open air, organized in 1894, permits the manufacture of thick and long ropes. 
 
 The fixed ship, 25 meters in length, constructed in the great court, with masts, 
 riggings, and sails, with their masts, serves to train the pupils in sail exercises and 
 maneuvers. 
 
 Divided into sections as on the vessels of the State, they learn to extend and 
 draw in sails, to take a reef, to unrig the topgallant sail, to climb the higher masts, 
 to lower the sail yards, and at need to entirely unrig and dismast the ship with 
 means on board, and to replace all. They are made to execute all the various 
 maneuvers which sailing ships make in the roadstead and at sea, getting under sail, 
 anchoring, tacking, bringing to, diminution of sail according to increase of wind, 
 putting about. Although they merely go through the appearance of these maneu- 
 vers, their imagination and intelligence, aided by the explanations of the teachers, 
 supply without difficulty that which the immobility of the ship does not permit to 
 do in reality. As to the rest, during the courses they go out daily on the sea, in 
 the small boats of the colony. They frequently have the desirable opportunities 
 of seeing the maneuvers executed by sailing vessels. 
 
 The floating material devoted to the instruction of the pupils is composed of five 
 boats constructed at Nantes and at Palais. Four boats are employed for exercises at 
 sea, with oars and sail, and fishing in the roadstead; two are especially used for sar- 
 dine fishing, the one of 8 and the other of 9 meters, each manned by eight pupils and 
 a marine supervisor, and swimming practice, with the scull. The fishing equip- 
 ment is important and would occasion considerable expense to the administration 
 if it were not in great part made by the pupils. Without speaking of the fish- 
 ing lines and various implements, rings, buoys necessary for the management of nets, 
 it includes, 14 nets for sardines, 3 for red mullet, 10 for mackerel, a large seine, 
 and 3 large trammels. A supervisor or a special marine guard directs the opera- 
 tions on the sea according to the orders of the captain, chief of the maritime service. 
 
 Since 1893 the pupils who embark in small boats are no longer inscribed as mari- 
 time; this favor is reserved solely for the crew of the Sirena. 
 
 The fishing industry, besides permitting the inscription of the pupils on the rolls 
 of the Belle-Isle quarter of marines and thereby their offer for enlistment at the age 
 of 18, furnishes food for the entire population of the establishment which is not to be 
 disdained. In 1899 they caught 4,667 kilograms of various fishes, of which 3,695 
 kilograms were sardines; of which 80 repasts were given to the pupils. 
 
 Information about the schooner Sirena. — On November 8, 1895, the minister author- 
 ized the aquisition of the yacht Sirena. This schooner is constructed of teak wood 
 and oak; it gauges 25x%- tons. Its dimensions are: Length, from before the stem 
 to back of the stern, 23.98 meters; breadth, 4.18 meters; height, under the deck, 
 2.88 meters. This vessel is comfortably arranged to receive the crew. Before the 
 foremast is a lodging place with direct access to the deck, where are found the 
 berths of the pupils who form the larboard section. These berths of iron, with 
 a bottom of sailcloth, are attached to the sides of the vessel; they are raised up dur. 
 ing the day. 
 
 This lodging place contains, besides the cabin of a supervisor, the kitchen and the 
 closets in which are kept the bags of the pupils. The part of the ship included 
 between the two masts contains the office, the quarter in which lies the starboai 1 
 watch, and finally the chamber of the supervisor, who looks after this section. 
 
 In the back part are two large chambers comfortably furnished, the one set apart 
 for the captain and the other occupied, in which are kept the dress-parade suits of 
 the pupils. At the extremity of the ship are found the toilet room and the store- 
 room for sails and cordage. 
 
 The crew is composed of: (1) The long-term captain; (2) two marine suj>ervisors, 
 designated as masters; (3) twenty pupils. The captain directs the ship, gives pro- 
 fessional instruction and cares for discipline. Each time he goes to sea he advises 
 the director of the hour' of his departure and the probable course he will take. 
 
262 MODER'N PRISON SYSTEMS. 
 
 When the ship reenters port he personally informs the director of his arrival and 
 renders an account of the events of the voyage by communicating to turn extracts 
 from the journal. 
 
 If one of the pupils has committed a grave offense, the captain reports it to the 
 director, who, after hearing the culprit, assigns a penalty. At the same time, the 
 captain is authorized during the voyage, for light offenses, to inflict the following 
 punishments: Dry bread, retrenchment of rations, platoon. These punishments are 
 registered and transcribed at the end of the month in the moral statistics. The 
 pupils in the colony are subject to punishments inflicted for grave offenses. 
 
 On Sunday, at 9 o'clock, the captain inspects the crew, the materials, the supply of 
 food, and assures himself that the vessel is in a state of perfect cleanliness. He orders 
 the distribution of an extra ration of wine to pupils who have shown by their deport- 
 ment, conduct, and work that they deserve it. The director frequently goes on board 
 when the vessel is in port to assure himself that the orders relating to supervision, 
 hygiene, and cleanliness are rigorously observed. He receives complaints, and gives 
 satisfaction to the children if these are well founded. 
 
 Supervisors or masters. — At sea each supervisor commands and directs the section 
 intrusted to him. He watches over the good management of the regulation lights, 
 assures himself that every pupil is at his post, observes the recommendations and 
 orders which have been given to him. He sees also that the pupil in charge of the 
 helm follows exactly the route given by the captain. 
 
 The master of the quarter informs the captain at once of changes in the force or 
 direction of the wind, and of any event which may give cause for modifying the 
 route. 
 
 In port or roadstead the masters perform each a distinct service. The master of 
 the starboard has charge of cleaning the vessel, of the conservation and distribution 
 of the food, of clothingj and of making and repairing the materials for fishing. The 
 master of the larboard is busied with the outside service, which includes the scouring 
 of the deck, the furbishing of the copper ware, the placing of rigging and masts, the 
 proper condition of sails, the surveillance of the supply of cordage, of paints, and the 
 stock of sails. 
 
 During the night the masters, in their turn, are required to make frequent rounds, 
 being certain that the kitchen fires are extinguished at the regulation times, that 
 nothing contrary to discipline and good morals occurs in the lodging rooms occupied 
 by the pupils, and that the man on the quarter deck keeps good watch. The captain 
 is informed of the least incident. 
 
 Employment of time. — Service on land. From April 1 to October 1 the "shake 
 down" of the morning occurs at 5 o'clock; from October 1 to April 1 at 5.30 o'clock. 
 The pupils dress, beat their bed covers, draw up the hammocks and pile them in 
 the receptacles assigned to this use; they proceed at once to their care of cleansing. 
 These various works should terminate a half hour after rising. Then washing and 
 scouring of the deck. 
 
 At 7.30 o'clock the section of the quarter breakfasts; immediately each pupil 
 reports at his post of cleaning. The work of cleaning ended, the pupils report at 
 their posts for maneuver, the topmen to their respective masts, visit the rigging, 
 which they repair if there is need; the other pupils are busy with the sails, the 
 handling of the materials for fishing, etc. 
 
 From 11 o'clock to 12:30 the crew dines by sections, the duration of the repast 
 being a half hour. At 1 o'clock the pujiils attend to the lesson set for them by the 
 captain, or, in case he is prevented, by one of the masters. These lessons include 
 the theory of maneuvers, the regulations of lights and boarding ship, the different 
 systems of buoys employed on the coast of France, the signals of the international 
 code — indeed, all that pertains to the art of steering. At 3 o'clock the crew takes up 
 its work on deck until 4:30 o'clock, the hour for supper. The section which is not 
 on duty goes to the colony to attend school and sleep in the establishment. The 
 master of the quarter is charged with the daily service; he arranges the turns of the 
 guards, makes the rounds, and makes certain that the boats hoisted on the catheads 
 are well locked; that precautions for the security of the boat are well taken. The 
 "shake down" of evening is at 7 o'clock in winter and 8 o'clock in summer. The 
 pupil charged with cooking is relieved of quarter-deck service. 
 
 Service at sea. — As on land, the crew is divided into two sections, each master 
 supervising and directing his section; the watches are four hours long. If the 
 departure from port takes place on an odd day, the starboard watch takes the 
 night duty; it guards from 8 p. m. to midnight, rests from midnight to 4 a. m., and 
 resumes its duty of four hours at 7 a. m,, the hour of "shake down" for the entire 
 crew. If the departure takes place on an even day, it is the larboard watch which 
 performs the service as indicated above. From 11 a. m. to 6 p. m., if the weather 
 and state of the sea permits, all the crew is on deck. If otherwise, the pupils who 
 
MODERN PRISON SYSTEMS. 
 
 263 
 
 are not on duty descend into the square room, where they study the theory o£ 
 topmen and steersmen or attend the school. 
 
 After supper, at 4 to 5 p. m. for those on watch, the master of the quarter causes 
 the fires to be extinguished, lights the lanterns prescribed by the regulations, and 
 sees that the pupil at the cathead is at his post. Each pupil takes his turn at steer- 
 ing for one hour, and changes places with the pupil at the cathead. 
 
 In order to avoid accidents, unhappily so frequent on ships during night maneu- 
 vers, the greatest prudence is recommended to the pupils, especially those called to 
 climb the masts or go out to the yard end; it is expressly prohibited to them to sit 
 on the drift rails, the netting, and to lean on the purlins. When the degree of instruc- 
 tion permits it, the captain teaches the pupils to take the high meridian of the sun; 
 in a word, all that is useful to know for the direction of a ship. 
 
 Food. — The dietary on board is nearly the same as that of the pupils in the colony, 
 but the meat ration given on Wednesday, Thursday, and Sunday is raised to 150-200 
 grama. Every child receives every day, after washing the deck, 20 centiliters of coffee 
 and 3 centiliters of rum, and 25 centiliters of wine on Thursday and Sunday. These 
 rations are given to novices and cabin boys of the State marine. 
 
 General observations. — There has recently been an acquisition of 23 life savers 
 (Robert system), which in case of ships running foul, or if ships came alongside, 
 would permit waiting for the arrival of succor. 
 
 All the pupils must learn to swim; they are good marines, good fishermen. The 
 active life which they lead develops their constitution in an extraordinary fashion. 
 At the moral point of view the results are equally excellent. Punishments are rarely 
 inflicted. 
 
 From June 15 to September 30 the schooner fishes for tunny, a pursuit which 
 begins on the Spanish coast, and toward the end of the season is 80 to 100 miles from 
 Belle Isle. These voyages are about eight days in length. From November 1 to 
 April there is fishing for "chalut." The Serina is used to transport to L' Orient the 
 pupils who enlist, whether in the army on land or in the navy. 
 
 The results obtained since the acquisition of the ship are most satisfactory. The 
 - pupils acquire not only the right to be definitely inscribed as sailors, and so have the 
 sure prospect of being promoted at 20 years of age by the marine service, but they 
 also easily find employment in ships of commerce, and make long voyages, and 
 some, the most intelligent and of best record, on the passenger boats of the General 
 Transatlantic Company. 
 
 Statistical table of pupils enlisted, placed, and returned to their families {colony of Belle- 
 
 Ile-en-Mer). 
 
 Years. 
 
 Army. 
 
 Navy. 
 
 Mer- 
 chant 
 marine. 
 
 Placed 
 with indi- 
 viduals. 
 
 Provi- 
 sionally 
 liberated. 
 
 Total. 
 
 1894 
 
 15 
 11 
 18 
 11 
 4 
 7 
 
 16 
 16 
 10 
 10 
 22 
 13 
 
 3 
 4 
 
 11 
 2 
 18 
 23 
 22 
 30 
 
 12 
 13 
 7 
 9 
 
 10 
 9 
 
 57 
 
 1895. 
 
 46 
 
 1896 
 
 48 
 
 1897..-.. 
 
 1 
 2 
 
 7 
 
 64 
 
 1898 
 
 60 
 
 1899 . 
 
 66 
 
 
 
 Total. 
 
 61 
 
 87 
 
 17 
 
 106 
 
 60 
 
 331 
 
 
 
 Public colony of penitentiary education, agricultural and industrial, at 
 Aniane (H^rault) .^In addition to a farm, which shows good results, some industrial 
 workshops are part of this establishment. The workmen of these shops are all 
 chosen among pupils of urban origin, those of the farm among those of rural origin, 
 and also some puny children and workers whose health has suffered from sedentary 
 labor. The results are satisfactory and give proof of the usefulness of this industrial 
 colony which the law of 1850 had not provided, but which was seen to be necessary 
 from unfavorable consequences of the professional instruction. The young Parisians 
 and children of other cities at the time of their liberation returned to the place of 
 their origin without having served an apprenticeship to a trade which could assure 
 them means of existence. The blacksmiths, fitters, turners, and braziers find employ- 
 ment in the crews of fleets and artillery shops. Twenty-eight apprentices have been 
 admitted to enlistment in the corps in 1899. The tailors and shoemakers are also in 
 demand for the army. A large number of workmen have been placed with artisans 
 of the country during the time of their correction and at the moment of their 
 liberation. 
 
264 MODERN PBI80N SYSTEMS. 
 
 Mechanics, blacksmiths, farriers, fitters. — The articles made are: Drilling machines, 
 pumps, portable borers, harrowing machines (scarifiers), plows, wheels, matting 
 hammers, metal catches, keys, screw-drivers, drills, nippers, tongs, purlins, welded 
 iron, rules (iron and steel), compasses, anvils for hammering scjrthes, tinmen's bel- 
 lows, purses in wood (iron or wooden screw), wooden vises, circle drawers (tin cir- 
 cles), hands to draw circles, hammers to break stone, matting hammers to cut stone, 
 mountings for metal saws. 
 
 Edge-tool makers. — Bills, hedge shears, axes, hatchets, hand knives, pruning hooks, 
 cleaning tools, flaying knives, hooked hoes, masons' axes, spades, hooks, weeding 
 hoe, digging forks, forks for manure or digging, spades, shovels, hoes, mattocks, 
 "bidents" and "tridents" (pitchfork), pickaxes, hammers, masons' trowels, scab- 
 bards, roasters, rakes. 
 
 Tinmen. — Platters (soldered or clasped), cups, pitchers, jugs, pails, cans, pots, 
 watering pots, funnels, coffee strainers, measures, cruets, small cisterns, basins, foot 
 baths, cheese molds, colanders, skimmers, bathing tubs, carriage lanterns, bottle 
 carriers, drawn handles, tubes, channels (zinc and tinned). 
 
 Carpenters. — Tables, bureaus, chairs, cupboards, pasteboard, library cases, buffets, 
 shelves, portmanteaus, benches, footstools. 
 
 Wheehmghts.—Wmno-wing machines, carts, drays, hand carts, figureheads, bar- 
 rows, ladders, litters, scythe handles. 
 
 Coppersmiths. — Saucepans, plates, sieves, casks, pans in tin and copper, funnels, 
 half barrels. 
 
 Tailors. — Suits for liberated prisoners placed out or enlisted, velvet suits, work 
 clothes, flannel shirts. 
 
 Shoemakers. — Heavy shoes for use of pupils; finer shoes on orders. 
 
 The administration does not sell any product. All that goes out of Ariane is for 
 other colonies and penal establishments. The creation of the industrial colony has 
 permitted to give a very complete professional instruction to quite a number of 
 pupils, and to introduce economies into state services in the expenses for machines, 
 instruments, and articles for penal establishments. 
 
 PRIVATE ESTABLISHMENTS. 
 
 Colony of Mettray, near Tours (Indre-et-Loire). — Populaiion. — The colony of 
 Mettray is a private establishment. It receives the young prisoners sentenced under 
 article 66 of the Penal Code, who are confided to it by the penal administration, in 
 accordance with a ministerial order of December 3, 1832, and the law of August 5, 
 1850, to give them moral and religious instruction as well as primary teaching, to 
 give them a trade, and, above all, to accustom them to agricultural labors. It also 
 receives children sent under paternal correction, in conformity with articles 375 ff~ of 
 the Civil Code. 
 
 It possesses a special establishment for children of this last class who belong to 
 families in easy circumstances. This establishment, which is called the "Paternal 
 House," is a real college of repression, where the children live in a state of isolation 
 day and night, continue their studies, and prepare for their final examinations. 
 
 In the last triennial period the "Paternal House" prepared numerous candidates 
 for this grade. The separation for the first two classes is not complete, but is so for 
 the third. There are cells of isolation and punishment. 
 
 In 1899 the average number was: 
 
 First class 325 
 
 Second class 99 
 
 Third class 26 
 
 Corps of officers. — The officers are: Director, inspector, bookkeeper, controller, 
 general keeper of stores, treasurer, and general supervisor. 
 
 The inspector, who is a teacher, has authority over all the officers, the general 
 supervision of classes, and takes the place of the director when required. The 
 controller has the direction of household affairs and supervises the workshops. 
 The general supervisor is responsible for the operation of the interior regulations of 
 the establishment. 
 
 AH members of the corps carry, as a distinctive mark and uniform, a cap with 
 three bars. The supervisors, called family chiefs, are charged with a group of 
 children called a "family." They have the supervision of a dormitory in which 
 they lie, of a refectory, of recreations, of the clothing and order of their group, etc. 
 
 During the hours of external labors they are employed in offices or in the service 
 of the "Paternal House." As a distinctive mark they wear a cap with two bars. 
 All the heads of shops and other employees wear a cap with one bar. 
 
 School instruction. — The children receive at Mettray elementary primary instruc- 
 tion in all points similar to that given in the primary schools. The more intelligent 
 
MODERN PRISON SYSTEMS. 265 
 
 are carried far enough to receive a certificate of studies. The number of children 
 received for these examinations, in 1899, was 11 out of 12 presented. Special instruc- 
 tion as well as some notions of practical designing and accounts are given to children 
 who already have certificates of studies. A course in vocal and instrumental music 
 is organized for pupils who show the necessary aptitude. The colony possesses a 
 library of 2,400 volumes for the use of the pupils. 
 
 General exaniinations are passed twice a year, in December and June, to form 
 tables of merit in school, and palms are allowed to be carried on the sleeves of the 
 coat on Sunday, to the one who stands first in each class. All pupils who succeed in 
 passing their examinations for the certificate of studies receive a postal savings bank 
 book for 10 francs. 
 
 Disciplinary method. — The rewards and punishments in use at the colony of Mettray 
 are those prescribed by the ordinance of July 15, 1899. 
 
 Special reward. — Every child who has not been punished in a cell or by restraint 
 has a stripe for good conduct for one year and may, if he continues, obtain a stripe 
 for three years. For each stripe is assigned an annual premium of 5 francs. The 
 posts of trust, as older brothers, gymnastic monitors, group of instruction, give 
 right to premiums of 1 franc per month. The palms of gold carried on the sleeves 
 are given twice each year, in consequence of general examinations, to the highess 
 pupil in each class, and a savings book is given to all who obtain a certificate of 
 primary studies. 
 
 Charitable persons have sometimes placed at the disposition of the colony certain 
 sums for distribution, in the form of savings books, to pupils who are most merito- 
 rious for their work and good conduct. 
 
 Each week there is a competition between all the families. That which has the 
 fewest punishments during the week has the banner of honor and has the first right 
 in review and promenade, and in that week enjoys extra meat at the repasts. 
 
 The pupils whose conduct is good, who have acquired sufficient professional 
 knowledge, and of whom there is good reason to believe they have truly reformed, 
 on the proposal of the director, and with the agreement of the administration, majr 
 be returned to their family, on definite or provisional discharge, or confided to indi- 
 viduals under the control and oversight of the colony. They may enlist in the army 
 or navy before the time fixed for their discharge. 
 
 At the time of the absolute discharge the director endeavors, when the famiUes 
 are unfit, to ^lace the pupils near the establishment, and, above all, in the country 
 where there is less fear of their falling back into unwholesome surroundings. But 
 when, in spite of exhortations, they persist in returning to their parents where they 
 have before them deplorable examples and receive mjurious counsels, the local 
 administration is without weapons. 
 
 Patronage being exercised at Mettray by the establishment itself, and by its agents, 
 the pupils are placed through its care. The greater part of those voluntarily 
 enlisted are placed under the patronage of the society presided over by M. Voisin, 
 counselor of the court of cassation, whose zeal so intelligent and indefatigable con- 
 tributes in a powerful way to the work of elevating youth who are abandoned or 
 culpable. 
 
 Organization of work. — Labor is carried on for the most part at the expense of the 
 establishment. The shoe shop had to be closed on account of the reduction of the 
 population. The brush-making shop works chiefly for individuals. 
 
 The workshops organized, outside of the agricultural pursuits, the nurserymen, 
 and kitchen gardeners, are the shoemakers, brush makers, lailors, wooden-shoe 
 makers, wheelwrights in iron and wood, locksmiths, masons, carpenters, tinsmiths, 
 farriers, cabinetmakers, painters, and bakers. 
 
 The population is divided as follows: 
 
 Agriculturists 253 
 
 In the various workshops: 
 
 Shoemakers 11 
 
 Tailors 18 
 
 Brush makers 25 
 
 Wheelwrights 8 
 
 Wooden-shoe makers 7 
 
 Farriers 5 
 
 Carpenters 6 
 
 Cabinetmakers 5 
 
 It is difllcult to give the average duration of apprenticeship, because of the diver- 
 sity of work and of aptitudes and of the good will of the persons employed. One 
 may fix it approximately at three years. The products of industries are mostly con- 
 sumed in the establishment; little is sold. The brush-making shop works for out- 
 
 Locksmiths 5 
 
 Tinsmiths 7 
 
 Masons 3 
 
 Painters 3 
 
 Bakers 4 
 
 Coopers 1 
 
 Various services 26 
 
266 MODEBN PRISON SYSTEMS. 
 
 aiders. The colony has never had to make transfers to other establishments. The 
 children receive a daily gratuity, varying according to the person. These sums are 
 credited to a reserve fund. They generally receive each week a certain number of 
 good points, having a money value, which they may keep together or spend in the 
 canteen. 
 
 In the shops when it is possible to fix a minimum task the children have additions 
 made to their funds in proportion to the work done above this minimum. In case of 
 -work done for individuals, which is rare, half the gratuity is credited to the account 
 of each pupil employed. The unavoidable errors do not involve repressive measures, 
 while the defects due to intention, in addition to a disciplinary punishment, are 
 debited against the authors on approval of the minister each six months. 
 
 All the supervisors, foremen, or heads of shops in the establishment are approved 
 by the prefect of Indre-et-Loire. They are paid by the establishment. They are 
 required to maintain order in their shops and, except in urgent cases when they are 
 able to send a pui>il directly to a place of punishment and render a report of it to the 
 director, they limit themselves to sending to the head of the family a report of the 
 offenses committed each day. The register of punishments in the family is presented 
 to the director to pronounce the penalty in presence of the pupil.' 
 
 All sums belon^ng to the pupils' fund are converted at his liberation into a postal 
 savings book, which is sent to him within three months after his departure. For 
 those voluntarily employed and admitted to the patronage of the society, under the 
 presidency of M. Voisin, the books are addressed to the society. According to the 
 regulations of the administration the pupil is not able to possess his book before the 
 age of 21 years. The average amount of the fund at the moment of going out was, 
 for the year 1899, 62.55 francs. 
 
 Patronage. — ^The colony of Mettray has always assiimed a patronage over its pupils. 
 Not content with finding for them patrons who offer all the guarantees of morality, 
 it follows them by its agents when the places are in its neighborhood, or by corre- 
 spondence with the children and their patrons. In distant places it has recourse to 
 cur6s, teachers, members of the Society of St. Vincent de Paul, or other charitable 
 persons who are willing to serve as corresponding members of the society of patronage. 
 To facilitate their task there are sent to them each year printed forms which, being 
 addressed to them under care, contain a certain number of questions which they are 
 expected to answer. Those voluntarily employed pass, as we have said, under the 
 patronage of the society over which M. Voisin presides, while the colony does not 
 lose sight of them. 
 
 Many former colonists remain in correspondence with the house, and those who 
 have need of aid never fail to have recourse to it, assured that they will have a 
 benevolent reception. The pupils who are placed in the department come to visit 
 the colony from time to tune, where they always are hospitably welcomed, and often 
 have a little aid in articles or shoes. Those who are sick come to be treated in the 
 infirmary. 
 
 By virtue of the movement friendly to the development of societies of patronage, 
 the city of Tours has founded one of which the colony of Mettray avails itself in 
 the interest of its pupils. 
 
 In general, the colony of Mettray figures in the Union of the societies of patronage 
 of France, and as numerous societies have been founded during recent years in many 
 cities, the colony uses them for those of its graduates, liberated colonists, who have 
 returned to their parents. The patronage service is happy to proclaim that it has 
 always found in them the most earnest assistance, and that they render it services 
 beyond appreciation. 
 
 A PUBLIC ESTABLISHMENT. 
 
 The correctional colony of Eysses (Lot-et-Garonne) . — Article 10 of the law 
 of 1850 runs thus: "There are established in France and in Algiers one or several 
 correctional colonies, to which are taken for training: (1) Young convicts who are 
 to serve two years; (2) those in the colonies who have been declared insubordinate." 
 
 The central house of Eysses (Lot-et-Garonne) having been appropriated, was 
 chosen for the installation of the correctional colony (ministerial decision of June 2, 
 1895) . On June 12 the transfer of the young prisoners, until then detained in the 
 correctional quarters, took place. To the two categories provided by the law of 1850, 
 it is necessary to add this provision of article 8 of the law of May 27, 1885, which 
 reads: "Akt. 8. He who has required 'relegation' under article 4 of this law, if he 
 is under 21 years of age, shall be, after the expiration of his penalty, retained in a 
 house of correction until his majority." On December 31, 1895, the correctional 
 quarter had 302 young prisoners. The establishment is an ancient abbey of the 
 Benedictines of Saint-Gervais and Protais (1687). It had been transformed into a 
 central house on Fructidoi 16, year XI. Well situated on the east of Villeneuve- 
 
MODERN PRISON SYSTEMS. 267 
 
 sur-Lot, in the midst of a smiling country, the climate temperate, the air pure and 
 wholesome, the medical statistics show that there have never been epidemics. One 
 approaches it by a very beautiful avenue of old plane-trees. The buildings are large 
 and well ventilated, and form four distinctquarters. The chapel is in the center. The 
 infirmary admirably placed outside the buildings occupied by the inmates, looks 
 over the fields; it includes 2 large halls, capable of containing 40 beds. The admin- 
 istration has installed there 18 isolated cells for dangerous subjects. 
 
 The cellular quarter includes 43 cells for punishment. With others in different 
 quarters there are in all 100 cells and 12 dungeons. These cells are indispensable to 
 meet the requirements of the regulation, which provides for a repressing and intimi- 
 dating system. The children under punishment are visited daily by the head teacher, 
 the head Supervisor, and occasionally by the director; the priest, the physician each 
 week, and more often in cases of serious illness. The population is divided into five 
 sections. The first of these is composed of candidates for relegation and persons 
 known to be incorrigible and dangerous. The smaller children are entirely separated" 
 from the larger except at school. A teacher is especially placed over one division, in 
 addition to the supervision exercised by the director, head supervisor, supervisors, 
 and foremen. He watches over the children of his division in the refectory, during 
 the recreations, the visits to the punishment squad, and in the cells. He furnishes 
 to the director suggestions in regard to subjects which require attention. School is 
 held every day, the teachers themselves directing a class with monitors as supervisors. 
 The results are satisfactory and there are few illiterates. The dietary is the same as 
 in the penitentiary colony. All the dormitories are transformed for nocturnal isola- 
 tion, and there are 436 individual chambers. The work is industrial and agricultural; 
 the farm includes 13 hectares. 
 
 The trades followed in the shops are those of: Tailors, menders (where all are 
 classed at arrival, awaiting their selection of shops), makers of wooden shoes and 
 overshoes, harness makers, cardboard workers, makers of nets, blacksmiths, tin- 
 smiths, cabinet-makers, coopers, sawyers, painters, masons, and hand workers. Some 
 are busy in field and garden. 
 
 In general, the service on state account includes these employments: Cooks, 
 sweepers, bleachers, nurses, writers. All the works of construction and care of build- 
 ings are done by pupils under the direction of the supervising foreman. They con- 
 struct the cells. 
 
 Befuge installed at the Hazey farm. — At the public colony of Donaires (Eure) 
 there is an annexed farm, graciously and gratuitously placed at the command of the 
 colony by the honorable Doctor Borilly, surgeon of the hospital of Cochin. It is 
 devoted to a provisional refuge of former pupils without employment, and merits 
 mention apart. This sojourn is only temporary, for the youth are placed with patrons 
 by the care of the administration. 
 
 Admitted to the refuge are: (1) Former pupils of Donaires who present them- 
 selves at the colony without resources or employment; (2) former pupils who leave 
 the establishment, without a home; (3) those who being in residence are sent for 
 convalescence. 
 
 Before being sent to the refuge those received are bathed at the infirmary. They 
 take articles placed at their disposal by the administration (effects of pupils under 
 reform). The clothing is disinfected, washed, mended, or burned if too ragged. The 
 soldiers in convalescence receive similar articles, and are permitted, if they desire it, 
 to wear their ' ' kepi ' ' as head cover. Papers, money, and other articles are deposited 
 upon arrival in the hands-of the head supervisor, who tickets them and sends them 
 to the baggage master, to be returned to the inmates when they depart. 
 
 Those in asylum live on the farm of Hazey; they can not go away without permis- 
 sion of the director or head supervisor of the refuge, who fixes, according to the 
 season, the hour of return. A card of identification is given to each guest by the 
 vice-president of the committee of patronage. Work is obligatory. Rising hour is 
 5 a. m. in summer and 5.30 in winter. Retiring hour is 9 p. m. in summer and 7.30 
 in winter. In winter the guests may be under instruction of evenings. It is 
 expressly forbidden to smoke inside the farm. The beds are made up in the morn- 
 ing and the covers folded as in the colony. Cleanliness is required. Ablutions are 
 made in summer at the pump and in winter in the dormitory in basins arranged for 
 the purpose. Quiet is required during the night and smoking in the dormitory for- 
 bidden. In the summer the guests go to the colony for a bath once a week. 
 
 All disputes, controversies, insults, quarrels, or assaults with evil purpose are form- 
 ally forb&den. The guests must show politeness to strangers and members of the 
 colony. They must manifest respect and obedience to the head of the refuge. The 
 introduction of all intoxicating liquors is interdicted. Into the park of the chauteau 
 they may not enter. The repasts are taken in common in the hall designated. The 
 supervisor is present at the repast, as well as at the rising and retiring. 
 
268 
 
 MODERN PRISON SYSTEMS. 
 
 The quests have no claim for wages; at the same time, if the administration has 
 judged it to be proper, some gratuities in money or goods will be given to the best 
 workers out of the patronage funds. The guests must accept the places assigned 
 them by the administration. They go where they are sent by the director, furnished 
 with a letter of introduction for the patron, when they are not placed directly at his 
 disposal. At their departure they receive the money and property brought by them 
 and given to them by the committee of patronage. They are to inform the director 
 of their arrival at their destination. 
 
 Excluded from the refuge are: Every guest who has refused to obey, to work, or 
 is guilty of bad conduct; those who leave the farm without permission; those who 
 refuse employment or place procured for them by the administration; those who, on 
 being sent to a patron, do not report to him; those who are sent from the patron for 
 misconduct or bad work; those who have violated knowingly and willfully the pro- 
 hibitions of the regulations. 
 
 ' Entrance into the refuge is voluntary. The refuge is visited every day either by 
 the director, the manager, the chief supervisor, one of the higher supervisors, or 
 other employee designated. 
 
 Infractions of rules, claims, incidents are made known tlie same day by the su- 
 pervisor on duty in the refuge and mentioned in the record ad hoe submitted to the 
 director. The wife of the supervisor is responsible for care of the linen, kitchen, and 
 the sick diet for guests who are ill. 
 
 In case of serioua sickness, on advice of a physician, the guest affected is transferred 
 to a hospital. A list of names of former pupils is kept. The regulations are read to 
 each guest on his arrival. He must subscribe his consent to submit to these rules. 
 A copy is posted in the refectory hall. 
 
 SUuation of the refuge since its creation. — Since its creation, November 1, 1896, this 
 refuge has yielded satisfactory results. Up to December 31, 1898, it has entertained 
 80 unhappy youths who were without work and without resources, often without a 
 family home, who have sought asylum in place of tramping and wandering from city 
 to city in (juest of employment, which they might not be able to find. To-day they 
 are in positions, good workers. 
 
 Movement of population of the refuge at Hazey from November 1, 1896, to January 
 1, 1900: 
 
 Soldiers admitted (forty-eight hours 
 
 to thirty days) 27 
 
 Remaining in the refuge 3 
 
 Total. 
 
 142 
 
 Placed 59 
 
 Enlisted ,^ 9 
 
 Aided and sent home 37 
 
 Sick sent to patrons 2 
 
 Convalescent soldiers (three to six 
 
 months) 5 
 
 Of these 142 guests, 5 were in prison, and at the moment of their liberation they 
 were recalled by the colony and restored to citizenship; 4 former pupils have come 
 back from the correctional colony at their liberation; 14 have written of their inten- 
 tions to return and received money for travel. 
 
 These statistics are sufficient to prove the good one is able to do by giving a refuge 
 to former pupils. They are kept from prison and society is preserved from the 
 offenses which these unfortunates would commit. Hunger and misery are evil 
 advisers. 
 
 Special establishments for jrouugr girls. — The law of August 5, 1850, mentions 
 in articles 15, 16, and 17 the special instructions relating to young girls. 
 
 Aet. 15. The rules traced by the present law for the creation, regulation, and sur- 
 veillance of penitentiary colonies are applicable to penitentiary houses destined to 
 receive the young women prisoners, except the following modifications: 
 
 Abt. 16. The penitentiary houses receive: (1) Minors detained by way of paternal 
 correction; (2) young girls under 16 years condemned to prison for any period what- 
 ever; (3) young girls acquitted as having acted without discernment and not sent 
 back to their parents. 
 
 Abt. 17. Young girls detained in penitentiary houses are brought up under a severe 
 discipline and are put at work suited to their sex. 
 
 There exists in France under the law only one type of penitentiary house which 
 receives all classes of girls. 
 
 On December 31, 1897, the population was 1,016, thus divided: 
 
 The public establishment 156 
 
 Private establishments 860 
 
 Total 1,016 
 
MODERN PRISON SYSTEMS. 269 
 
 Divided thus by categories: 
 
 Public establishment: 
 
 Acquitted (art. 66) 855 
 
 Condemned (arts. 67 and 69) 1 
 
 Paternal correction 33 
 
 Total 156 
 
 Private establishments: 
 
 Acquitted (art. 66) 855 
 
 Condemned (arts. 67 and 69) 3 
 
 Paternal correction 2 
 
 Total 860 
 
 Insubordinate girls are shut up in a special quarter annexed to the school of 
 preservation of Doullens. On January 1 , 1900, they numbered 40. 
 
 School of preservation at Doullens (Somme) and the correctional quarter 
 annexed. — Origin, purpose, personnel. — This house of penitentiary education was 
 founded January 1, 1895, to receive girls imprisoned under article 16 of the law of 
 August 5, 1850. It is installed in the ancient citadel of Doullens (Somme) of which 
 it occupies the entire second inclosure. In the first is found its annex, the cor- 
 rectional quarter, which receives insubordinate pupils from various penitentiary 
 houses. Nocturnal isolation is rigorously applied in the two quarters whose serv- 
 ices are otherwise distinct, and, in some respects, different. The school of preserva- 
 tion includes 126 chambers for sleep; the correctional quarter has only 40, but so 
 disposed, in 14 day and night cells, as to isolate the most undisciplined. Under the 
 orders of the director are placed female officers: 1 female inspector, 4 teachers, 1 
 head supervisor, and a certain number of guards. Primary instruction is given to 
 every pupil during two and one-half hours every day, and relates to matters required 
 to obtain the certificate for primary studies. 
 
 The trades or professions taught the pupils are those of dressmaking, laundry, 
 and gardening or farm work. But outside the time given specially to apprentice- 
 ship in these trades, each child is employed successively in mending the linen, in 
 the kitchen, or general household service, that they may acquire the domestic 
 knowledge indispensable to all women in modest circumstances, and perhaps even to 
 others. 
 
 In a general fashion the professional instruction of pupils is directed not only with 
 a view to improving the handicraft and the production of shops, but also and above 
 all with the constant aim of preparing the girls to gain their livelihood honestly after 
 their liberation. 
 
 In order to stimulate the ardor of the pupils for work their efforts are rewarded 
 with gratuities, presents, or money. The presents may be books, boxes or small 
 implements of work, materials to be made up during recreations into handkerchiefs, 
 aprons, chemises, etc., for their trousseau when they go away. Ribbons or fillets, 
 weekly for classes and monthly for hand work and conduct, are bestowed on a scale 
 of to 9 in the different lines, and these distinctions, very highly appreciated by the 
 pupils, enable them to reckon mathematically the number of good marks given each 
 month. 
 
 The gratuities in kind are allotted, in the form of good marks, to pujfils whose con- 
 duct and work are beyond criticism. A good mark has a value of 5 centimes, and 
 there are distributed monthly 1,000 good marks among 100 children. Further, on the 
 14th of July ot each year, at the national festival, savings books of 10 to 30 francs are 
 given by the superior administration to the most meritorious pupils. So, while the 
 personal trousseau of the girl gradually increases by gifts in kind or money, her fund 
 in money, grown from a few centimes, is increased from two sources which flow 
 together at last — the good marks and the exceptional grants. On the day of libera- 
 tion the greater part of the fund is deposited in the savings bank in the name of the 
 child, who can not dispose of it until her majority, and the remainder is sent from 
 time to time to meet her needs. 
 
 Violence, brutalities, and corporal punishments of all kinds are forbidden. The 
 disciplinary punishments employed are, according to the case: Reprimand to the 
 pupil, alone or in presence of other pupils; kept standing during the class, recreation, 
 work, or repast; withdrawal of the distinctions for class, conduct, and work; depriva- 
 tion of recreation or walk; fines deducted from fund for breaking, injuring, or willful 
 spoiling of work; diet of dry bread, under the rule of July 15, 1899; placing in a cell 
 fifteen days or more. For a longer period the approval of the minister must be 
 received. Placing in the correctional quarter is a penalty inflicted only on order 
 from the minister. This is the scale of punishments. 
 
270 
 
 MODEEN PEISOJSr SYSTEMS. 
 
 In respect to the relatively discreet girls in the school of preservation the deprivation 
 of rewards is more used than punishments in the strict sense, and the latter are employed 
 only after all other means which a wide indulgence could suggest have failed. 
 
 It is not the same in the correctional quarter, where indulgence rarely succeeds and 
 where generally the application of article 614 of the Code of Criminal Instructions 
 becomes necessary. Here we have to deal with girls of 16 to 20 years, notoriously ill- 
 disciplined, who have already abandoned themselves outside to prostitution. 
 
 As in the other penitentiary establishments, there are two dietary systems — ^the full 
 diet and the scant diet. * * * 
 
 In respect to moral education, there can be no fixed regulations; it can result only 
 from the personal efforts of teachers whose efforts tend constantly to develop the 
 good disposition of the pupils, to restrain their vicious or wandermg instincts, and 
 put them on guard against false or exaggerated ideas. In this work of reform and of 
 preservation there is a place for ingenuity and good will. The director, not only in 
 his instructions but in continuous action, by the measures he employs, by his mode 
 of punishing and rewarding, is intent upon inducing those under his administration 
 to iDelieve two things to be necessary, justice and benevolence. 
 
 The woman inspector takes the place of the absent or unworthy mother with the 
 more unhappy, poor, disinherited girls, whose moral misery is truly heartrending, and 
 she awakens good sentiments, which continue to linger in these depressed natures. 
 
 The priest, in the exercise of his office, seeks to develop in the pupils the idea of 
 duty in a fashion as broad and elevated as possible, without passing the limits of the 
 narrow and dwarfed intelligence to which he appeals. 
 
 On their side the female teachers, without seeking to take the place of the priest, 
 apply themselves to fortify and deepen in the soul of their pupils the essential notions 
 of human morality common to all creeds and necessary to all civilized beings. 
 
 Finally, the supervisors and foremen make the most of the least facts or mcidents 
 of the interior life of the house to address to their little world useful recommendations 
 and even to enounce precepts which, in their simplest forna, accomplish more than 
 wise dissertations in showing the difference between good and evil. 
 
 Thus directed and counselled, the pupil grows up, develops physically and morally, 
 and reaches the day for release. The great question of her replacement in society, 
 regarded and studied by the administration, receives a solution. If the family offers 
 adequate guaranties, the child is sent home. In the contrary situation, the discharged 
 girl is confided to the Society of Patronage of Noisy-le-Sec, which receives her, 
 places her, and lends her the moral and material aid which she needs. This society 
 was founded by Madam Inspectress-General Dupuy. 
 
 Table of public and private establishmenis devoted to correctional education of minors under 
 
 16 years. 
 
 BOYS. 
 
 Name of establish- 
 ment of correctional 
 education. 
 
 Num- 
 ber. 
 
 Location. 
 
 Date 
 
 of 
 found- 
 ing. 
 
 Founders. 
 
 Nature of work as- 
 signed to young pris- 
 oners. Observations. 
 
 Public establish- 
 ments: 
 
 1 
 2 
 3 
 
 5 
 
 Commune of Ani- 
 ane (Hfirault). 
 
 Commune ot Aube- 
 rive. 
 
 Canton of Palais 
 (Morbihan). 
 
 Communes of Gail- 
 lon, St.-Aubin 
 and St.-Julien of 
 Liftgue, Canton 
 Gaillon (Bure). 
 
 Commune of Eoi£EiS, 
 Canton Trois 
 Montiers (Vi- 
 enne). 
 
 1885 
 1897 
 1880 
 1847 
 
 1860 
 
 
 Industrial and agri- 
 cultural. 
 Do. 
 
 Auberive 
 
 do 
 
 
 do 
 
 Agricultural, mari- 
 time, and industrial. 
 
 Industrial, agricultur- 
 al, and horticul- 
 tural. 
 
 Industrial and agri- 
 cultural; reform 
 school; receives only 
 children under 12 
 
 
 do 
 
 St -Hilaire 
 
 do ... 
 
 
 
 
 6 
 
 7 
 
 Commune of Motte- 
 Beuvron (Loire- 
 et-Cher) , domain 
 of former impe- 
 rial civil list. 
 
 Communes of St.- 
 G e r m a i n-d e s- 
 Puits.Osmoy.and 
 Moulins-sur-Y6- 
 vre (Cher), Can- 
 ton Baugy. 
 
 1872 
 1846 
 
 do 
 
 years of age. 
 Industrial and agri- 
 cultural 
 
 Do 
 
 Vald'Yfivre 
 
 M.Ch. Lucas, mem- 
 ber of the Insti- 
 tute, former in- 
 spector-generalof 
 prisons; changed 
 to a public colony 
 in 1872. 
 
MODERK PBISON SYSTEMS. 
 
 271 
 
 Tabk of public and private establishments devoted to correctional education, of minors under 
 
 16 years — Continued. 
 
 BOYS— Continued. 
 
 Name of establish- 
 ment of correctional 
 education. 
 
 Num- 
 ber. 
 
 Location. 
 
 Date 
 
 of 
 found- 
 ing. 
 
 Founders. 
 
 Nature of work as- 
 signed to young pris- 
 oners. Observations. 
 
 Public establish- 
 ments—Continued. 
 
 8 
 
 1 
 2 
 
 3 
 4 
 
 Communes of Ville- 
 neuve-sur-Lot 
 (Lot-et-Garonne). 
 
 Commune of Bar- 
 sur-Arbe (Aube). 
 
 Commune of Bou- 
 logne (Haute- 
 Marne). 
 
 Communeof Javerl- 
 hac (Dordogne). 
 
 La Couronne (Cha- 
 rente) . 
 
 Commune of Baugy 
 (Cher). 
 
 1895 
 
 1862 
 1879 
 
 1876 
 1897 
 
 The State 
 
 
 Private establish- 
 ments: 
 Bar-sur-Aube 
 
 
 Industrial and agri- 
 cultural labor. 
 
 Viticultural. 
 
 Boulogne 
 
 M. Sommelet 
 
 Industrial. 
 
 La Couronne 
 
 M.Bellefoye 
 
 Horticultural. 
 
 
 5 
 6 
 
 1852 
 1868 
 
 M.delaMarditee... 
 Le Marquis du Luc . 
 
 M. Demetj and Vi- 
 comte de Br^ti- 
 gni^res de Cour- 
 teilles. 
 
 Department of the 
 Seine. 
 
 Agricultural and hor- 
 ticultural. 
 Do 
 
 
 Mettray . 
 
 7 
 8 
 
 pfitre. 
 Commune of Met- 
 tray. . 
 
 Montesson (Seine- 
 et-Olse). 
 
 1840 
 1895 
 
 Agricultural, horticul- 
 tural, and industrial. 
 
 Professional school; 
 garden and indus- 
 tries. 
 
 Scole Lepeletier 
 deSt.-Fargeau. 
 
 St.-feloi 
 
 9 
 10 
 
 H 
 
 Haute- Vienne 
 
 Commune of Port- 
 Ste.-Foy. 
 
 Commune of Lan- 
 
 1876 
 1842 
 
 1843 
 
 Community 
 
 Vice-Admiral V«r- 
 huel and Society 
 of Protestant In- 
 terests. 
 
 M. Achille Ducl6- 
 
 Ste.-Foy 
 
 ceives children un- 
 der 12 years of age. 
 
 Agricultural and hor- 
 ticultural; receives 
 only Protestant chil- 
 dren. 
 
 Agricultural. 
 
 St.-Uan 
 
 St.-Joseph 
 
 Societyofpatron- 
 age of young 
 prisoners and 
 discharged 
 youth of De- 
 partment of 
 the Seine. 
 
 12 
 13 
 
 gneux. 
 Haute-Sa6ne 
 
 9, rue de M^zi^res 
 (VI" arrondisse- 
 ment), Paris. 
 
 1877 
 1833 
 
 sieux. 
 Community 
 
 MM. Moreau-Chris- 
 tophe, Charles 
 Lucas, and BSren- 
 ger. 
 
 Agricultural; school 
 of reform; receives 
 only children under 
 12 years of age. 
 
 Principally industrial 
 (industries of Paris) 
 and agricultural 
 (accessory). 
 
 GIRLS. 
 
 Public establish- 
 
 
 
 
 
 
 ment: 
 
 
 
 
 
 
 
 1 
 
 
 1892 
 
 The State 
 
 Special house for 
 
 
 
 lens (Somme). 
 
 
 
 young girls; a spe- 
 cial quarter for in- 
 suhordinate girls. 
 
 
 
 
 
 
 Private establish- 
 
 
 
 
 
 
 ments: 
 
 
 
 
 
 
 Institution of 
 deaconesses. 
 
 2 
 
 Rue de Eeuilly 
 (Paris). 
 
 1874 
 
 do . .. 
 
 For young girls of 
 Protestant faith. 
 
 
 
 
 Israelitish house 
 
 2 
 
 Neuilly-sur-Seine 
 
 1873 
 
 Israelitish women . . 
 
 For young girls of 
 Israelitish faith. 
 
 of refuge. 
 
 
 (Seine). 
 
 
 
 Aslle Ste.-Made- 
 
 3 
 
 Limoges (Haute- 
 
 1849 
 
 M. I'AbbfiF^ret.... 
 
 Industrial and others; 
 
 leine. 
 
 
 yienne). 
 
 
 
 receives young girls 
 who are to become 
 mothers or have spe- 
 cial diseases. 
 
 Atelier-Refuge 
 
 i 
 
 Commune of Dann- 
 
 1849 
 
 Sister Marie Er- 
 
 Industrial and agri- 
 
 de Rouen. 
 
 
 tal, near Rouen 
 (Seine-Inf(Sri- 
 eure). 
 
 
 nestine. 
 
 cultural. 
 
 Barillien 
 
 Montpellier, So- 
 litude de Naza- 
 
 
 1871 
 
 do 
 
 Do. 
 
 6 
 
 Commune de Mont- 
 
 1842 
 
 M.l'Abb^Couval... 
 
 Do. 
 
 
 pellier (H^rault). 
 
 
 
 
 reth. 
 
 
 
 
 
 
 Ste.-Aune d'Au- 
 ray. 
 
 
 
 1871 
 
 do 
 
 Do. 
 
 
 
 
 
 
272 MODEBN PKISON SYSTEMS. 
 
 ITALY. 
 
 [Sources: Ordinamento generale della Amministrazione Carceraria, Roma, Tipografla delle 
 
 Mantellate, 1891.] 
 
 ORaANIZATION AND ADXCINISIBATION. 
 
 The Kinds of Prison Establishments and Repobmatobies and thbie Pueposbs. 
 
 Aetiole 1. The prison establishments are distinguished as: Establishments for 
 preventive incarceration, establishments for ordinary punishment, establishments 
 for special penalties. 
 
 Art. 2. Establishments for preventive imprisonment are: The judicial prisons, 
 central and branches; departmental judicial prisons. 
 
 Art. 3. Establishments for ordinary punishments are: Penitentiaries, houses for 
 seclusion, houses of detention, houses of arrest. 
 
 Art. 4. Establishments for special penalties are: Intermediate prisons, agricul- 
 tural and industrial; houses of rigor, judicial asylums for the insane, houses of cus- 
 tody, houses for convicts known to be habitual drunkards, workhouses, houses of 
 correction. 
 
 Art. 5. Reformatories are distinguished as: Institutions of education and correc- 
 tion, institutions of educational correction, institutions of paternal correction. 
 
 Art. 6. The judicial prisons, central and branches, in the capital places or other 
 communes of a circuit, are set apart for: (a)' Persons on trial, (6) for persons sen- 
 tenced to detention or to seclusion for not more than six months, or for those sen- 
 tenced to arrest (except under article 413). 
 
 Art. 7. The judicial prisons of departments, situated in the capitals of a depart- 
 ment (mandamento), are set apart (a) for persons on trial for offenses which come 
 within the jurisdiction of a prefect; (6) for accused persons not yet remanded to the 
 judge; (c) for persons sentenced to seclusion or detention not exceeding three 
 months, or sentenced to arrest (except article 413). 
 
 Art. 8. The central and branch judicial prisons, as well as the departmental, may 
 hold in custody (a) those sentenced to any penalty which deprives of liberty, in 
 expectation of their being sent on to their destination; (6) i)risoners in transit; (c) 
 prisoners who are temporarily at the disposition of the authorities of public security. 
 
 Art. 9. The judicial prisons — central, branch, or departmental — are arranged for 
 continuous cellular segregation and for the system of nocturnal segregation. To con- 
 tinuous cellular segregation are subjected (a) persons on trial during the period of 
 instruction, and until the competent judicial authority has declared that the con- 
 tinuous cellular segregation shall cease; (6) persons on trial who make a formal 
 request to remain isolated, even when they might be released, when it is practicable 
 to concede their request; (c) prisoners who are allowed under the Penal Code to 
 expiate their crimes in the judicial prisons without isolation, and who make a formal 
 request to remain segregated, when it is practicable. Prisoners of other classes are 
 subjected to segregation at night. Prisoners who have requested that they might 
 pass their terms in isolation, and whose requests have been granted, may not be 
 removed upon their simple desire and without serious grounds of health. In the 
 judicial prisons penal sections may be established in the sense of article 232. 
 
 Abt. 10. The ordinary establishments of punishment are designed to serve as peni- 
 tentiaries (ergastolo), for seclusion, for detention, and for arrest. These establish- 
 ments for punishment are on the system of continuous cellular segregation for those 
 convicts who, according to the rule of law, are to serve their sentences under this 
 regimen. Other convicts are isolated at night, but the provisions of article 9 are 
 here applicable. 
 
 The penal establishments for males may have different sections for different periods 
 of the same penalty, and the same principle applies to prisons for women. 
 
 Art. 11. The special penal establishments are designed for the following classes of 
 prisoners: (a) The houses of the intermediate penalty, of which the Penal Code 
 speaks in article 14; « (6) the "houses of rigor," for convicts to whom article 344 of 
 the regulation applies; (c) the judicial asylums for the insane, for convicts to whom 
 articles 469, 471^73 (persons on trial) apply; (d) the houses of custody, under 
 article 47 of the Penal Code [persons whose full responsibility is in question]; (e) 
 
 a Article 14 reads: "Those sentenced to seclusion for not less than three years who have served not 
 less than thirty months of their term, and have conducted themselves well, may serve the remainder 
 of their terms in a penitentiary, agricultural or industrial, or laboring on public or private works 
 under the control of the public administration. In case of bad conduct this permission is revoked." 
 
MODERN PEISON SYSTEMS. 273 
 
 houses for habitual inebriates (article 48 of Penal Code) ; (/) workhouses (article 22 
 of Penal Code); (g) houses of correction (articles 54-56 of Penal Code). * * * 
 These establishments a*e subdivided into separate sections, for continuous cellular 
 segregation, segregation at night, community, according to the disciplinary rules of 
 the general regulation or under special rules. 
 
 Art. 12. The establishment for education and correction are designed for minors 
 (articles 53 and 54 of Penal Code). They are of three classes, and are on the con- 
 gregate system, with segregation at night, and have sections for youth of different 
 
 AitT. 13. The prisons for prevention, ordinary and special, belong to the govern- 
 ment; the reformatories may also be private establishments. 
 
 THE ADMINISTRATIVE CORPS OF PRISONS AND HBPOHMATORIES. 
 
 Art. 14. The administration of prisons depends upon the minister of the interior. 
 
 Art. 15. The prisons and reformatories are divided into the divisions [comparti- 
 menti] and thirteen circuits [circoli]. * * * 
 
 Art. 16. The penal establishments and the reformatories are intrusted to a special 
 directory. The central and supplementary political prisons may be intrusted to a 
 special directory or to the higher administrative authorities of a locality. The 
 departmental judicial prisons, where there is no subprefect or local prison directory, 
 are intrusted to syndics, who may delegate to the chief guard, or his representative, 
 some of their powers, with the previous consent of the minister. The prisons and 
 reformatories for women (adults or minors) may, by agreement, be intrusted to 
 charitable institutes of women, under the direction of the local authority. 
 
 Art. 17. All the directing authorities, within the limits and under the rules estab- 
 lished by the regulation, depend directly upon the prefecture of the respective 
 provinces; and they should refer all matters affecting public order to the prefects, 
 and should keep in touch with the competent judicial authorities in respect to the 
 course of justice and the decrees of penal procedure. 
 
 Art. 18. For the service of custody, watch, and convoy of prisoners there are 
 provided trained persons and agents; i'or the establishments or sections for minors, 
 for the house of custody and for the judicial asylums for insane, trained persons and 
 attendants; for establishments and sections for women (adults or minors), sisters or 
 female guards, or both. * * * 
 
 Art. 19. The directing authority and officers of prisons and reformatories follow, 
 in the sphere of their duties, the orders sent down from superiors, administrative and 
 judicial. When no rule has been made an under officer should require a written 
 order. 
 
 Art. 20. The ordinary correspondence between the directory of judicial prisons 
 and the minister of the interior goes through the prefects; those between the penal 
 establishments and reformatories and the minister also by way of prefects when it is 
 an affair of officers, public order, manufactures, or events of unusual importance; 
 in all other cases directly. In all cases the directors may communicate directly to 
 the minister matters of exceptional or urgent nature. 
 
 COUNCIL OF SURVEILLANCE. 
 
 Art. 21. In every commune where are found houses of seclusion, detention, or of 
 custody is established a council of surveillance, composed of the procurator of the 
 king, together with the tribune in whose jurisdiction the establishment is situated, 
 the president of the society for aiding discharged prisoners, of the prison of the cir- 
 cuit or province, and, in his absence, a person chosen by a council of the order of 
 advocates, and the director of the establishment. The presidency of this council is 
 assumed by the procurator of the king. The director has the function of reporter. 
 An employee of the direction, designated by the director, or another named by the 
 president when the council does not hold its session with the direction of the estab- 
 lishment, performs the office of secretary. The person chosen by the council of the 
 order of advocates remains in office one year, but niay be reappointed for two follow- 
 ing years. 
 
 Art. 22. Powers of this council: (a) To formulate proposals for the transfer to 
 houses of intermediate correction of those condemned to seclusion who are mutin- 
 ous or to revoke this concession, under article 14 of the Penal Code; (6) to make 
 their observations on the requests preferred for conditional liberation for those pris- 
 oners who meet the required conditions, under article 16 of the Penal Code; (c) to 
 propose the recall of an order by which, under article 47 of the Penal Code, one sen- 
 tenced to a penalty restraining personal liberty has been sent to serve it in a house of 
 custody. 
 
 H. Doc. 452 18 
 
274 MODEBN PBISON SYSTEMS. 
 
 AjtT. 23. The council of surveillance meets in the office of the director of the estab- 
 lishment or in another place designated by the president. It is convoked by the 
 president at least two times in a year, and the director of the establishment is required 
 to prepare the necessary data for discussion and decision in matters belonging to his 
 duties. The director of the establishment calls an extra session of the council in 
 cases provided for in article 454 when delay is thought dangerous to order and disci- 
 pline. 
 
 Akt. 24. A special record is kept of all deliberations of the council, which gives an 
 account of the proceedings in the treatment of each proposition and giving a summary 
 of the reasons for the resolutions adopted. 
 
 Aet. 25. The conditions of transfer to an intermediate prison from a penitentiary 
 are found in article 453 of the regulations, and those of conditional liberation in 
 articles 381 and 499. . 
 
 Aet. 26. The request for conditional liberation is presented by the convict to the 
 director of the establishment in which he is serving his sentence, and the director 
 transmits it to the procurator-general at the court of appeals of the district in which 
 the sentence was pronounced, with his observations on the proofs of amendment 
 given by the convict, and with those of the council of surveillance. The list of con- 
 victs who have applied for conditional liberation, the applications having been trans- 
 mitted to the procurator-general, are sent from the director to the minister of the 
 interior within five days after the end of each semester. 
 
 ******* 
 
 VISITING COMMISSION. 
 
 Art. 46. In all communes in which are found prisons and reformatories there is 
 established for each institution a visiting commission, to which is confided the task 
 of inspecting the food, furniture, hygiene, instruction, work, and of cooperating 
 with the director in order to reinforce authority, the maintenance of discipline, the 
 execution of the rules, the care and reform of the prisoners. 
 
 Aet. 47. The visiting commission is composed of the syndic of the commune or an 
 assessor delegated by him, who acts as president, the procurator of the King, and 
 the priest in whose parish the establishment is situated. The commissioners elect 
 two citizens nominated, one by the prefect of the province and one by the procurator- 
 general of the district of the court of appeals. In communes where there is no 
 tribunal the procurator of the King has for his substitute a praetor, who may not 
 have a substitute. For establishments or sections for female prisoners the two elected 
 members may be women. For reformatories the members elected are chosen by 
 preference from the members of the society of patronage. The members elected are 
 chosen every year, but may be reappointed. The members nominated as substi- 
 tutes of those who cease to be in office before the end of the year remain on duty for 
 the time that the original officers would have been in office. 
 
 Aet. 48. In case of serious events where the discipline of prisons or reformatories 
 is in danger, the visiting commission may be chosen on a royal order upon the propo- 
 sition of two ministers of the interior and of justice. The visiting commission has 
 for a quorum three of its members. For the performance of its duty the commission 
 has access to the interior of the prison or reformatory, and may visit the dormitories 
 and cells, the infirmaries, the workshops, punishment cells, dispensaries, the kitchens, 
 the barracks of the guards, etc. The commission is also permitted to hear the requests 
 of prisoners, and especially of convicts serving sentence, or who expect a transfer. 
 
 Art. 50. In order that the commission may visit prisoners not yet sentenced, or 
 who are under the control of the authorities of public security, there is need of the 
 intervention of the representative of judicial authority. 
 
 Aet. 51. For ordinary visits the commission may delegate two of its members in 
 turn. The director should designate to the visiting commission the prisoners that 
 are meritorious. 
 
 Art. 52. The visiting commission should watch over the instruction and periodical 
 examinations of prisoners in reformatories and houses of correction. 
 
 Aet. 53. A register of these visits shall be kept by the director. Annually the 
 president of the commission sends his report to the prefect of the province, and the 
 prefect sends it to the minister with his approval. In urgent cases reports are sent 
 to the prefect and minister without delay. 
 
 PBESONNEL OF ADMINISTKATION. 
 
 Art. 54, The corps of administration of prisons is composed of inspectors, 'directors 
 of circuits, directors, deputy directors, secretaries, assistant secretaries, accountants, 
 bookkeepers, computers, assistants of accountants, officers, and clerks. 
 
MODERN PRISON SYSTEMS. 275 
 
 Art. 55. Additional officers in each establishment are: Chaplains, physicians, phar- 
 macists, teachers, instructors in agriculture, technical instructors, foremen, sisters. 
 
 Inspectors of prisons. — Art. 56. The inspectors of prisons have their offices with 
 the minister of the interior. They visit, by orders of the minister, the prisons and 
 reformatories wherein there are prisoners representing the central administration. 
 
 Art. 57. At least once a year the inspectors should visit the prisons in their cir- 
 cuits and make a report to the minister. 
 
 Art. 58. Every officer is obliged to give documentary and other information re- 
 quested by the inspector. The local administrative and judicial authority, the presi- 
 dents of societies of patronage and of visiting committees give reports to the inspec- 
 tors, in order that the inspections may better serve public ends. 
 
 Art. 59. _ When the inspection reveals serious defects in the offices of an establish- 
 ment, the inspector requests the responsible officer to give his explanations in writ- 
 ing, and these he sends to the minister with his own observations and with docu- 
 ments. When thefacts are of exceptional importance and demand careful precautions, 
 the inspector telegraphs to the prefect of the province or to the minister of the inte- 
 rior, according as it is a matter of public order or of administration, or to both in 
 grave cases, and awaits instructions. When the situation is so serious that immediate 
 measures must be taken, the inspector acts without delay, telegraphing at the same 
 time to the prefect and to the minister. In other cases the inspector gives necessary 
 orders and refers them to the minister. 
 
 Art. 60. In all the registers which the inspectors examine they should affix their 
 signatures. 
 
 Art. 61. In visiting an establishment the inspectors place themselves in commu- 
 nication with the superior administrative and judicial authorities to further their 
 migsion. 
 
 Art. 62. The inspectors not on circuit duty remain at the office of the minister of 
 the interior and deal with matters of the director-general of prisons. When their 
 collective opinion is desired they assemble under the presidency of the director- 
 general of prisons or his deputy. Minutes are made, and each member may record 
 his vote, dissent, and reasons. The youngest inspector acts as secretary. To the 
 inspectors are intrusted special studies relative to laws, regulations, instructions, 
 statistics, etc. 
 
 Art. 63. When there are women prisoners the inspectors appointed may be women. 
 
 Circiiit directors. — Art. 64. For the inspection of central prisons, auxiliary and 
 departmental, for the surveillance of minors placed with honest families by the 
 administration, and for other special duties, there is appointed in each circuit, by 
 ministerial order, a director of administration of prisons, chosen from the directors 
 of the first three classes. * * * 
 
 Directors. — Art. 65. The director is head of the establishment. All his subor- 
 dinates, without exception, owe to him obedience in all matters relating to the 
 service, and he, in his turn, owes to them to show a good example in public and 
 private conduct, which alone can inspire respect. The director governs all parts of 
 the service and makes all suitable provisions; watches for the scrupulous observance 
 of laws, regulations, instructions, contracts; observes the manner in which officers 
 who are subordinate to him fulfill their duties; examines all correspondence, records, 
 and acts of discipline; and is responsible for every irregularity that a diligent watch- 
 fulness might have known and prevented, for every failure not referred to higher 
 authority, and every order given by him and not executed. 
 
 Art. 66. The director makes and. modifies rules for internal management, with 
 advice of visiting committee, as in respect to hours of various forms of work, assign- 
 ment of cells and rooms, introduction of food. These rules should be approved by 
 the minister of the interior, or, in case of departmental prisons, by the prefects. 
 
 Art. 67. The director is to study carefully the character of each convict; to seek 
 to inspire him with confidence; to show to him by accurate methods and firmness 
 that all that is done or ordered is the scrupulous execution of law, not capricious 
 nor passionate. 
 
 Art. 68. To secure the custody of convicts and detained persons the director must 
 (a) arrange with the prefect and with the military authorities for outside guards; 
 (6) to plan, as economically as possible, for guards over groups of working prisoners 
 inside and outside the prison; (o) to visit at least monthly all parts of the prison, 
 and be sure that vigilance is exercised day and night; (d) to visit, as often as possible, 
 the places where prisoners are laboring in the open, and see that the guards are 
 active to prevent flight, assaults, and communicatixms with outside persons; (e) to 
 see that convicts do not come in contact with free laborers save in exceptional cases 
 known to the minister; (/) to investigate at irregular intervals dormitories, work 
 places, cells, and employees or officers; {g) to see that arms and ammunition are 
 
276 MODERN PRISON SYSTEMS. 
 
 ever in a good condition for use, and to inform the minister or prefect if any addition 
 or change is required; (h) to require, in caae of mutiny, the captain of a military 
 post to furnish an extra guard, and to report to the judicial and administrative 
 authorities. 
 
 Akt. 69. Internal discipline. The director ought (a) to establish for employees 
 an order of hours of service, and extend work beyond ordinary hours when neces- 
 sary; {h) to establish order of service for employees so that each shall have his turn; 
 
 (c) to report on conduct of employees to the prefect and minister each semester; 
 
 (d) to assemble occasionally the employees for instruction in their duties; (e) to see 
 that the agents observe the forma prescribed ; (/) to investigate cases of contagious 
 diseases and take precautions; (g) to require the prisoners to be clean and follow the 
 rules; (h) to classify the prisoners in dormitories, chapel, workshops, school, accord- 
 ing to the regulation, by age, and other personal conditions; (i) to procure work 
 for prisoners according to their capacities, taking account of their previous employ- 
 ments or those for which they are to be prepared or are inclined; (j) to assign 
 services to prisoners who are meritorious, but without partiality; (k) to see that 
 prisoners sent away are able to travel, and that malingerers are not declared to be 
 sick; (Q to visit the prisoners as often as possible and hear their complaints with 
 kindness, and to correct evils; (m) to admonish prisoners who fail in their duty 
 and to praise them for actions which show good will and amendment; (n) to 
 arrange for visits of the chaplain, surgeon, master, employees, foremen, and others, 
 especially to those prisoners who are in cells; (o) to promote correspondence and 
 affection between the prisoner and his family, if they are upright people; (p) to 
 urge economic habits and see that the savings are not wasted; (q) to examine corre- 
 spondence, prevent sending or receiving objectionable letters, and to communicate to 
 political and judicial authorities anything of interes*; to them; (r) to prevent illumi- 
 nations and clamor about the prison, especially in connection with festivals. 
 
 Art. 70. Itistheduty of the director in respect to the administration: (a) To verify 
 and control the introduction and removal of all goods and products and impose fines 
 on contracts; (6) to supervise the contracts and discipline those who neglect duty or 
 break rules; (o) to watch over repairs and inspect materials used; (d) to examine the 
 provisions and see that the contracts are kept; (e) to see that the sanitary measures 
 are observed and, on advice of the physician, that the medicines are up to standard. 
 
 Art. 71. For grave family reasons the director may permit employees a short vaca- 
 tion of five days once or twice a year and report to the prefect. 
 
 Art. 72. Without authorization of the prefect of the province or minister the 
 director may not absent himself from residence more than a day or during one night. 
 
 Art. 73. The prefect, twice a year, may give a permit of absence to the director, 
 as in article 71. * * * 
 
 Art. 74. The director, with consent of the minister, may delegate certain of his 
 duties, but remains responsible. 
 
 Art. 75. The director must record: (a) The daily and permanent orders issued by 
 him; (6) important events and orders issued; (c) audiences granted and measures 
 taken for prisoners. 
 
 Art. 76. The director must transmit to the minister of the interior the first of every 
 month (or at other specified times) : (a) The changes in the population of the prison 
 during the previous month, with names; (6) prospective and probable changes, each 
 three months; (c) sums turned into the treasury; (d) report of proceedings in the 
 various sections of the establishment; (e) prospective condition of corps of employees; 
 (/) changes in list of employees; (g) prospecti\ie estimate of punishments mflicted 
 on guards; (h) changes in the personnel during previous three months in the judicial 
 prisons; (i) register of persons on trial; (j) list of soldiers as guards; [k) list of guards 
 who have finished their terms; (l) report of events in judicial prisons; (m) to the 
 procurator-general of the king for the district, a list of those sentenced to hard labor, 
 to reclusion, and detention, who have been set free in the month preceding. 
 
 Art. 77. The director may not give any information except on request of a compe- 
 tent authority, and the minister is to be informed when information is given without 
 express rule. 
 
 Art. 78. The director is to keep a plan of the establishment, but show it to no one 
 without authorization from the minister. * * * 
 
 Vice-director. — Art. 79. The vice-director exercises a constant watch care for all 
 branches of the disciplinary and industrial service under the director, whom he rep- 
 resents in case of absence. * * * 
 
 Secretary. — Art. 80. The secretary attends to the business of his oflSce, the reg- 
 istration of cards of his office, certifies copies of orders, draws up contracts, executes 
 instructions of the director, cares for records. * * * 
 
 Art. 81. The secretary is responsible to the director for these registers: (a) Cata- 
 logue of the libraries; (6) minutes of correspondence; (c) list of officers; (d) guards; 
 
MODERN PRISON SYSTEMS. 277 
 
 (e) prisoners; (/) prisoners sent outside; (a) convicts in penal and reformatory' sec- 
 tions; (h) population of judicial prison; (i) number of changes in the population of 
 the judicial prison; (j) changes in the government penal and reformatory estab- 
 lishments and sections; (k) permits to converse with prisoners; {I) correspondence 
 of prisoners; (to) minutes of deliberations of the commission and council of local 
 discipline; (n) punishments of guards; (o) punishments of prisoners; {p) expiration 
 of sent'>nces; (q) special list of probationer guards where there is a school of 
 instruction. 
 
 Art. 82. The secretary compiles prospective needs outside of the accounts. 
 
 Art. 83. In December the secretary furnishes a list of prisoners who would be 
 liable for military conscription in the coming year for the syndics of the communes 
 to which they belong. 
 
 Assistant of the secretary. — Art. 84. The assistant of the secretary aids the 
 secretary in all his duties and represents him in case of absence. 
 
 Accountant. — Art. 85. The accountant, under the orders of the director, keeps 
 the accounts. * * * 
 
 Art. 86. The accountant has to help him a steward and necessary clerks. 
 
 Steward. — Art. 87. The steward is responsible for the goods and property of the 
 establishment and products of manufacture. 
 
 Art. 88. On duty he wears the uniform required by the regulations, executes 
 orders of the director, and fulfills the duties required by law. 
 
 Art. 89. The steward may not keep moneys outside of those belonging to the treas- 
 ury of the administration, with the exception of certain casual sums. 
 
 Art. 90. Before making payment the steward is responsible for examining the 
 reckonings and for identifying the person who makes the demand. 
 
 Art. 91. The steward keeps account of all receipts and expenditures of money and 
 materials and checks inventories of stocks. 
 
 Art. 92. The entries must accurately state the person paying or receiving, quanti- 
 ties, qualities, and prices. 
 
 Art. 93. The steward is not discharged from responsibility until his reports are 
 approved according to law. 
 
 The clerks and assistants. — Art. 94. Aid the steward in keeping accounts, as 
 instructed by the director, especially in making records, documents of accounts, and 
 correspondence relating to accounts. The clerk of the first rank may act as repre- 
 sentative of the steward when necessary. 
 
 Copyists. — Art. 95. Are provided for the secretary and steward as required. 
 
 Chaplain. — Art. 96. In each prison and reformatory a chaplain is placed for the 
 conduct of religious exercises. 
 
 Art. 97. When the number of the prisoners requires more than one chaplain the 
 director arranges the division of labor for them. 
 
 Art. 98. On the holy days the chaplain celebrates the mass in chapel, and, before 
 or after the divine service, imparts to prisoners catechetical and moral instruction. 
 With consent of the director the chaplain may celebrate mass on other than holy 
 days. He may not receive alms from prisoners or their families in connection with 
 religious services. 
 
 Art. 99. The chaplain according to a plan approved by the director gives special 
 instruction in duties to God, the neighbor, and the fatherland. Prisoners in cells 
 and certain persons on trial excepted. 
 
 Art. 100. The chaplain is also to impart personal religious instruction to prisoners, 
 and especially to minors. 
 
 Art. 101. The chaplain visits the infirmaries every day to see the convicts recently 
 arrived, those in cells of punishment, those about to be discharged, and especially 
 those who request his assistance. He also visits, at periods established by the 
 director, convicts subjected to isolation, except when expressly forbidden by judicial 
 authority in case of those excluded from conversation. In these visits and in all his 
 relations with prisoners he is forbidden to promise material advanta^ as rewards 
 of good conduct, or to converse about matters not relating to his office, or about 
 matters relating to their case. 
 
 Art. 102. The chaplain communicates to the director all his observations in rela- 
 tion to any branch of the service; he keeps a record of his studies of the moral con- 
 duct and disposition of prisoners. * * * , , . . 
 
 Art. 103. At the end of the financial year, in July, the chaplam is to present to 
 the director, to be transmitted with other reports to the minister, an account of his 
 work, his method, results obtained, and suggestions of improvement of methods in 
 caring for the moral betterment of prisoners. 
 
 Art. 104. In case of absence or legitimate hindrance the chaplain may provide a 
 substitute in the person of an ecclesiastic acceptable to the director. 
 
 Tlie physician-surgeon. — Art. 105. In each prison and reformatory there is 
 
278 MODEBN PRISON SYSTEMS. 
 
 appointed a physician-surgeon, and to whom alone is intrusted the service of hygiene 
 in the establishment and the care of employees, guards, and prisoners. When neces- 
 sary he may have assistants, but they acquire no claims on the administration. 
 
 Art. 106. The physician-surgeon, at regular times each day, visits all the sick in 
 the establishment. He may come at extra times, when he thinks it necessary in the 
 interest of patients, and when he is requested by the director, commandant, head of 
 the guard, or watchmen. 
 
 Art. 107. After his visits of inspection to the guards and employees who need 
 medical help, the physician-surgeon visits those sick in the infirmary and cells, 
 orders treatment, and "writes in a register his prescriptions for medicine and diet. 
 
 Art. 108. The physician-surgeon keeps a register of admissions and discharges 
 from the infirmary, the movements authorized by his signature, and all information 
 in relation to the nature, duration, and care of sickness; and also notes observations 
 bearing upon the merit of the convict (art. 369). 
 
 Art. 109. In his visits the physician-surgeon makes note of the execution of his 
 orders, of the quality of medicines and food, and of any fact bearing on the health of 
 the population. * * * The director provides what is necessary and the minister 
 of the interior is given detailed information. 
 
 Art. 110. The physician-surgeon decides when prisoners are to be treated in their 
 cells and when they are to be transferred to the infirmary. In the prisons of minor 
 importance he recommends the transfer of patients to the infirmaries of other prisons, 
 or, in very exceptional cases, to civil hospitals; but the director makes arrangements 
 in harmony with the proper administration and judicial authorities. 
 
 Art. 111. The physician-surgeon is obliged to treat employees and their families 
 when they reside in the establishment, as well as the sisters and the female guards. 
 He also attends to the vaccination of employees and prisoners. 
 
 Art. 112. The physician-surgeon at intervals inspects the medicines furnished by 
 the pharmacy and reports his observations to the director. * * * 
 
 Art. 113. It is his duty to inspect conditions of cleanliness, clothing, bedding, 
 especially when there is contagious disease. 
 
 Art. 114. In agreement with the director he is to take precautionary measures 
 against the invasion and spread of communicable diseases. * * * 
 
 Art. 115. He reports to the director those who simulate illness or refuse to follow 
 his prescriptions for sickness. 
 
 Art. 116. He reports to the director and to the chaplain those prisoners who seem 
 to be dying. 
 
 Art. 117. When a prisoner gives signs of mental alienation the physician-surgeon 
 places him under observation, prescribes the measures of precaution to be taken, 
 and gives information to the director. * * * 
 
 Art. 118. When any violence is committed to the injury of a person the physician- 
 surgeon reports to the director at once or within twenty-four hours, according to the 
 gravity of the case, and to the judge. 
 
 Art. 119. Cases of death he reijorts to the director. 
 
 Art. 120. When there is no university, or the rector does not ask for the cadaver, 
 the physician performs the autopsy and reports to the minister through the director. 
 When the university faculty makes the autopsy the physician has the right to be 
 present (see art. 407). * * * 
 
 Art. 121. At the end of each fiscal year (in month of July), the physician-sui^eon 
 presents to the director, for transmission to the minister, an account of his service, 
 the results obtained, the diseases which have manifested unusual intensity, the 
 causes which seem to have been at work, his visits, the orders made, and on any 
 matters which he thinks will be significant for the sanitary improvement of the 
 establishment. 
 
 Art. 122. In case of his absence or legitimate hindrance, he may call in as a 
 substitute, at his own expense, any medical man previously approved by the director. 
 
 The master of civil instruction. — Art. 123. In convict prisons or sections and 
 in reformatories or in judicial prisons of some importance a master of civil instruc- 
 tion may be appointed. 
 
 Art. 124. The director of each establishment regulates the manner in which the 
 masters perform their duties. 
 
 ******* 
 
 Art. 126. Each master keeps a register of attendance and conduct of each prisoner 
 admitted to his school. * * * 
 
 Art. 127. When requested by the director the master gives moral and educational 
 lectures adapted to the intelligence of the prisoners. * * * 
 
 Art. 128. In houses of correction and in reformatories masters may be appointed 
 to impart special instructions in drawing, music and gymnastics, in which case their 
 duties are fixed by contracts or by orders of a director. 
 
MODERN PRISON SYSTEMS. 279 
 
 Art. 129. In establishments for women the duty of teaching is assigned to compe- 
 tent sisters or to other teachers. 
 
 Aet. 130. It is the duty of the master to report to the director any offense or injury 
 committed by prisoners in the school. 
 
 Aht. 131. Annually, in July, the master makes a report to the director, to be 
 transmitted to the minister, on his work, its results, and the recommendations of 
 measures ha believes would be useful for the education of the prisoners. 
 
 Art. 132. When the chaplain acts as master the rules relating to the master are 
 extended to him. 
 
 The farmer. — Art. 133. At the agricultural colonies the minister may appoint a 
 farmer upon special contracts according to conditions. 
 
 Art. 134. The farmer directs the agricultural industries, but the minister may 
 assign to him additional tasks in the interest of the colony. 
 
 Art. 135. The farmer is subordinate to the local director in respect to matters of 
 discipline of the working convicts, and he must give account to the director. The 
 farmer should regard the director as the head of the establishment and his immedi- 
 ate superior, and the director should regard the farmer as a technical expert who 
 cooperates with him in the same process. 
 
 Art. 136. The farmer has his own office and necessary assistants. He has the dig- 
 nity and rank of a vice-director, and is to be treated accordingly by all employees. 
 
 Art. 137. The farmer is required: (a) To present daily to the director the num- 
 ber of prisoners of whom he will have need for the next day outside the regular 
 workmen, and specify the labor to which they are to be assigned; (&) to visit fre- 
 quently the various colonial houses, the folds, and other branches of labor, and 
 report all important facts to the director; (c) to attend to the duties noted elsewhere 
 in the regulations; * * * (d) to give practical lessons in agriculture to the classes 
 of meritorious prisoners, as prescribed by the minister; (e) to present a report annu- 
 ally to the director of his task, the results, the expenses, and any recommendations 
 he may have to make. 
 
 Technical superintendents. — Art. 138. In penal establishments, where shops 
 are of exceptional importance, technical directors may be appointed on terms decided 
 by contract, according to the case. 
 
 Art. 139. His duty is to oversee the shop industries.' * * * 
 
 Art. 140. He is responsible for the quality of materials purchased, and he arranges 
 rates of payment for work done. 
 
 Art. 141. He is responsible for the quality of wares produced, unless defects can 
 be traced to the bad conduct of the workmen; and he proposes to the director the 
 names of prisoners who are adapted to various kinds of labor, and those who should 
 be promoted, or degraded, or excluded. He is responsible for tools and machinery 
 used. 
 
 Art. 142. He is under the rule of article 137 e. * * * 
 
 Technical assistants and foremen. — Art. 143. Assistants to the foreman and 
 technical superintendent may be appointed. 
 
 Art. 144. These agents are appointed by the minister of the interior on the nom- 
 ination of the director. * * * 
 
 Art. 145. They are to be present at their post before the prisoners arrive; to super- 
 vise their labors all day, and assist the guards in maintaining order and discipline. 
 Although assigned special tasks, they may be called upon by superior officers to 
 perform other duties. * * * 
 
 Pharmacists. — Art. 146. Pharmacists may be appointed in prisons and reforma- 
 tories for the preparation and distribution of medicines. The rules for their conduct 
 and duties are fixed by the minister of the interior, on the proposal of the director, 
 in accordance with the regulations. 
 
 Servants. — Art. 147. Servants and subaltern agents may be employed in prisons 
 and reformatories, as required by work or service. * * * 
 
 Sisters. — Art. 148. For the- surveillance and care of female prisoners and for 
 their moral, civil, and industrial instruction the minister may make use of the serv- 
 ices of the societies of sisters on the basis of special contracts, and such contracts 
 include the regulations, agreements, and duties on both sides. 
 
 Art. 149. The director or the superior administrative authority has control of the 
 sisters under their contracts. 
 
 Art, 150. The communications between the sisters and the director are made 
 through the superior sister, but in cases of emergency that director can give instruc- 
 tions directly and report to the superior sister, and the sisters are personally respon- 
 sible for obedience, without exception. 
 
 Art. 151. The superior sister or her representative is required: (a) To assign the 
 duties of sisters, in relation to discipline, care, stores, industry, according to rules 
 made by the director, and see that these rules are exactly followed; (b) to report. 
 
280 MODERN PE180N SYSTEMS. 
 
 daily to the director all grants whicli affect the order of the institution and the exe- 
 cution of the sentence; (c) to keep records of all services of the sisters. 
 
 Akt. 152. The sisters are responsible to the superior sister and to the director 
 (art. 150). 
 
 Art. 153. In urgent cases the sisters have authority to shut female prisoners in 
 punishment cells for infraction of rules, and they must give prompt notice to the 
 superior sister and await the decision of the director. Assistance may be asked from 
 the director or captain of the guards. 
 
 Art. 154. Every sister, before being admitted to the service, must be accepted by 
 the director. Sisters are not permitted to absent themselves without having obtained 
 permission from the director. Absences not exceeding ten days may be granted by 
 the director, ten to fifteen days by the prefect, and above fifteen days by the minister. 
 
 Art. 155. The sisters are permitted to live according to the rules of their order, on 
 condition that they must fulfil all the duties of their office and the regulations of 
 discipline. 
 
 Art. 156. They are not required to examine the prisoners, but may be called to 
 assist the female guards in this task. 
 
 Art. 157. Correspondence of the superior sister with the minister is by the medium 
 of the director, but in special cases the superior sister may communicate directly 
 with the minister of the interior. 
 
 Art. 158. In case of offenses committed by sisters, the director informs the suj)erior 
 sister, when she has not already reported them, and in any case provides disciplinary 
 measures. * * * The director may suspend a sister from service for grave cause, 
 and may require her to remain in her room, awaiting further dispositions, and he 
 must at once advise the superior sister and the prefect of the province. 
 
 Art. 159. The sisters have lodging in the prison at the expense of the administra- 
 tion, but in respect to salary and other advantages of the administration they have 
 no claims beyond the terms of the contract with the order. * * * 
 
 Art. 160. The rules of articles 201, 202, 203, 205, and 557 apply to the sisters as far 
 as possible. 
 
 Rules applicable to all members of the corps. — Art. 161. Employees are 
 obliged to act upon the orders of the director, with the right to appeal to the min- 
 ister if they believe the duties laid on them are illegal. They are to inform the 
 director of anything which comes to their notice which in any way may affect the 
 service of the establishment. Eequests or complaints must be forwarded to the pre- 
 fect or minister in a regular order. It is absolutely forbidden to an employee to ask 
 of his superior what he has reported, but he can always appeal to the minister in the 
 regular way. 
 
 Art. 162. The employees can have no other relations with guards and subalterns 
 than those which belong strictly to their duties, and they are held to polite behavior 
 with guards and prisoners. 
 
 Art. 163. No officers can enter the departments of female prisoners except in 
 company with a sister, and all outsiders are excluded. 
 
 Art. 164. The director and other officers of a prison or reformatory should assist 
 in turn in the religious services of the establishment. 
 
 Art. 165. Duties of emploj^ees: They may not (a) have any business outside the 
 establishment without authority from the mmistry ; (6) they may not have any part, 
 direct or indirect, in any contract relating to the establishment; (c) they may not 
 belong to any association whose obligations hinder the complete fulnllment of their 
 duties; (d) they may not use any article belonging to the administration for their 
 own advantage; (c) they may not enjoy the service of any prisoner with permission 
 of the minister and the payment of a sum fixed by the director; (/) they may not 
 receive presents or promises from any person interested in the administration, nor 
 from prisoners; (g) they may not trade in any way with guards or prisoners; (h) they 
 may not order work done by prisoners for themselves or their families; (i) nor carry 
 out articles belonging to prisoners; { j) nor introduce articles for prisoners or carry 
 messages without permission of the director; {k) nor exercise any influence on exam- 
 inations on behalf of attorneys; (I] nor to make extracts from records and documents 
 relating to prisoners or the administration. 
 
 ******* 
 
 Corps of guards — Comm.aiidant, head guard, head watchman. — Art. 167. In 
 prisons of special importance a commandant may be placed at the head of the guard; 
 in others, a head guard, and in detention houses, houses of correction, and judicial 
 asylums for the insane and in reformatories a head watchman. In houses of less 
 importance there may be a deputy head of guards or deputy head watchman. 
 
 Art. 168. The commandant, head guard, or head watchman is subordinate and 
 responsible to the director for the custody of prisoners. He arranges the order of 
 
MODERN PRISON SYSTEMS. 281 
 
 services of guards, maintains order and discipline, watches over the cleanliness of the 
 places occupied by guards, and sees that guards perform their duties when work is 
 carried on outside. Each order must be written and approved by the director. 
 
 Art. 169. These officers see that the division of duties is strictly observed and that 
 the arms of guards are examined and kept in proper condition. * *~ * 
 
 Akt. 170. When prisoners are working outside, these officers see that each officer 
 has a given number of men under his care, give them instructions, review the heads 
 of squads to see that they are in proper condition and armed, and on return receive 
 reports. 
 
 Art. 171. Rules of discipline for guards to be observed by the commandant, head 
 'guard, and head watchman: (a) To inform the director of the conduct of the foremen 
 and to propose improvements in the service ; ( 6 ) to visit, by surprise, at various hours 
 of day and night the guards, and ascertain if they are attending to their duties; (c) to 
 present to the director every day, at a fixed hour, a report on the events of the day 
 and give him a table of the movements of population as compared with the preceding 
 day; {d) to collect the guards who are not on duty once a week and give them 
 instructions in their duties; (e) to be present at the daily calls of guards and at the 
 reading of orders; (/) to watch over the arms and ammunition and see that they are 
 always ready for use. 
 
 Art. 172. In relation to the discipline of prisoners the duties of commandant, head 
 guard, and head watchman are: (a) To examine prisoners when they enter and leave 
 the establishment and prescribe measures which he judges necessary for discipline 
 and security; (b) to keep the keys of the establishment and, during the night, those 
 of the principal entrance, when the director does not keep them himself; ( c ) to watch 
 over the introduction of articles from without and have care of visitors; {d) to visit 
 the cells of isolation and punishment as often as possible and hear complaints and 
 requests of prisoners to be communicated to the director; (e) to have inspected, at 
 least once in five hours, at irregular intervals, all parts of the establishment and see 
 that all gates and bars are closed and a record made of each visit; (/)to follow up 
 personally not less than two out of five visits, one at night, if possible, and be certain 
 that the gates, bars, gratings, and walls are secure; (^J to see that all employees 
 follow the regulations exactly and be responsible for violations or delays which he 
 has not promptly reported; (/i) to be sure that permissions for visits and interviews 
 with prisoners are approved by the director and are under observation of guards; 
 (i) to see that visitors do not give forbidden articles to prisoners and bring inter- 
 views to an end when desirable; (j) to see that no letters are sent or received without 
 permission of the proper officer; (k) to verify the list of prisoners at the waking 
 hour and in the evening and see that all are in place, and make a record. 
 
 Art. 173. The commandant or head guard in a judicial prison sends a statement 
 of population each morning to the procurator of the King * * * ; and sends a 
 messenger to the tribunals daily for instructions, and, upon request, himself appears 
 before the judges. 
 
 Art. 174. This officer reports deaths of convicts to the director, or of persons on 
 trial to the judges, and also to the civil officers, as prescribed by law. 
 
 Art. 175. When a prisoner can not go to the court the officers must give information 
 to the officer of the public service or the proctor. 
 
 Art. 176. These officers must see that no prisoner is transferred in ragged or 
 indecent garments or without medical examination. Except on medical advice, he 
 may not delay a transfer ordered by competent authority. 
 
 Art. 177. In establishments where there is no director, the commandant, head 
 guard, or head watchman may call for military aid when needed, and make report 
 to the administration or judicial authority. 
 
 Art. 178. When prisoners in judicial prisons wear their own clothing the officer 
 must see that they are kept clean and in good repair. 
 
 Art. 179. These officers assign prisoners to housework and see that regulations in 
 respect to cleanliness and hygiene, prescribed by rules or ordered by the medical 
 officer, are carried out. 
 
 Art. 180. Duties of these officers in judicial prisons: (a) They must keep records 
 of admissions and discharges, and a list prescribed by the Code of Penal Procedure, 
 with chamber or cell assigned to each prisoner; (b) record of money held for 
 prisoners; (e) record of clothes and valuables to be returned to prisoners on discharge; 
 (d) permits for interviews with prisoners; (e) articles which belong to the institution 
 used by the prisoners; (/) reports on the officers and service of the establishment; 
 (g) penalties inflicted on the guards; (fe) penalties inflicted on the prisoners; (i) 
 visits and investigations; (j) register of persons held for trial; {k) register of terms 
 of punishments of prisoners. 
 
 Art. 181. These officers in penal establishments and reformatories keep the same 
 records, with exceptions. * * * 
 
282 MODERN PRISON SYSTEMS. 
 
 Art. 182. Other services may be be imposed by the director. 
 
 Deputy of head guard or of head watchman. — Akt. 183. These officers repre- 
 sent their superiors in absence, execute their orders, and assist them in any way 
 required; special duties may be added by the directing authority. When there are 
 • several deputies their duties are assigned by the director on the suggestion of the 
 head guard or head watchman. 
 
 Foremen. — Art. 184. The foremen assist the deputy head guards or watchmen 
 in case of absence or hindrance. * * * 
 
 Akt. 185. The foreman of the infirmary is (a) to keep prescribed records and assist 
 the medical officer in carrying out his instructions; (6) to watch over the prisoner 
 nurses, see that they care for the patients, aid them with kindness, do not divert to 
 their own uses food or drink intended for them, and see that no one trades in these 
 articles or brings any objects in without authority of the physician; (c) to see that 
 prisoners isolated in cells do not hold communication with anyone; (d) to attend to 
 the cleansing of the rooms, of underclothes, and all articles used by patients; (e) to 
 care for clothing of patients left with him for return when they leave the infirmary. 
 
 Art. 186. The foreman in charge of the gate is responsible for its custody. He 
 must keep the keys intrusted to him, and not consign them to others, nor be absent 
 from his room without permission of the commandant, head guard, or head watch- 
 man, and without having a substitute. It is his duty,'further, (a) to forbid entrance 
 of persons without proper passes, except employees of the establishment and persons 
 admitted under rules; (6) to examine all parcels and articles which are brought into 
 or taken out of the establishment; (c) to examine, when instructed by the director, 
 or, in urgent cases, by the commandant, head guard, or head watchman, the 
 employees, servants, foremen, contractors, or their messengers at their entrance and 
 exit; (d) to prevent the entrance or exit of any of those persons who have violated 
 a rule, and to inform his superior officer at once; (e) to accompany to the office of 
 the superior officer persons who are to confer with him or who have permits to talk 
 with prisoners, or bring letters or parcels; (/) to keep a record, day and night, of 
 materials, articles, tools, products, etc., which enter or are taken out, property of pri- 
 vate persons or of the Government, and to keep the permits and bring them to the 
 director with his report; (g) to keep from his room any stranger or employee, unless 
 he has a pass; {h) to see that the guards, except those on regular beats, do not go 
 out from the establishment, unless they are in perfect order and have permits, and to 
 keep a record of the time when the guards report for duty; (i) to be polite and care- 
 ful in meeting the members of families of prisoners and other visitors; {j) to conform 
 to directions of the director in respect to keys and duties assigned him. 
 
 Art. 187. The foreman assigned to the storehouse reports to the accountant, and 
 follows his directions when approved by the director. 
 
 Art. 188. The foreman in charge of the records of requests, distribution, and inven- 
 tories relating to food supplies must see that the requests are within established 
 limits, that the prisoners have the supplies granted them, and that there is no neglect 
 in the service. 
 
 Art. 189. The subordinate in charge watches over the distribution of food to pris- 
 oners and gives notice to the superior officers of defects or complaints. 
 
 Art. 190. The foremen who act as night patrol inside the establishment assume 
 regularly the functions of head of the post or watch. 
 
 Art. 191. The head of the infirmary and the gate keeper are usually exempt from 
 patrol service. 
 
 Art. 192. When there are no foremen other employees may be appointed to per- 
 form their duties. 
 
 Guards and clerks of surveillance. — Art. 193. Such employees are appointed 
 upon competitive examination under ministerial rules in the office of the secretary, 
 accountant, head guard, or head watchman. 
 
 Art. 194. They are exempt from night duty only when this is required by the 
 nature of their duties and ordered by the director. 
 
 Art. 195. They have the same hours as other guards, and when not on regular 
 tasks perform such service as the director may intrust to them. 
 
 Art. 196. They are not permitted to reveal the affairs of the office to other employ- 
 ees, convicts, or outsiders. For violation of this rule the person is discharged and 
 may not be reappointed. 
 
 Special employees. — Arts. 197-199. Provides for the appointment, by the director, 
 of employees for certain special duties. 
 
 Duties of watchmen.— Arts. 200-202. The watchmen report to the director or 
 his deputy; render reports in writing, and have these duties: (a) To meet punctually 
 the requirements of regulations and the instructions of the director; (6) to watch 
 over contractors and their representatives, the shop foremen and others, and see 
 
MODERN PRISON SYSTEMS. 283 
 
 that the rules are not violated; (c) to keep the keys intrusted to them and return 
 them at the close of their duty; {d) to watch constantly all prisoners who are in 
 cells, common rooms, work places, school, chapel, conversation room, passages, and 
 elsewhere, and see that those sentenced to isolation do not converse; (e) to make 
 the prescribed rounds and report to the superior officers any facts of importance 
 which come to their attention, affecting discipline or security; (/) to see that the 
 prisoners observe the regulations about cleanliness, treating them with humanity, 
 but with justice and firmness, and holding no conversation with them beyond what 
 is required by the service; (g) to examine the prisoners carefully in all their move- 
 ments; (h) to watch the prisoners at work and see that they do not injure or appro- 
 priate tools and materials; (i) to verify the list of tools, etc., at end of labor hours, 
 see that nothing is rnissing, and report anyone who is responsible for a loss; {j) to 
 escort prisoners outside and at work and see that they do not converse, injure any- 
 one, or escape; (k) to see that the barracks and their furniture are kept in good 
 order, according to regulations. 
 
 Art. 203. The guards are not permitted to punish prisoners. 
 
 Art. 204. In case of mutiny or assault the guards may use arms, reporting to the 
 superior officer. 
 
 Art. 205. Unless prevented by the needs of the service the guards may go out two 
 hours each day, with a half day free once in a fortnight. 
 
 Art. 206. The guards are responsible for injuries to furniture, clothing, and other 
 objects, when they have not tried to prevent them and have not reported to the 
 superior officers. * * * 
 
 Disciplinary measures (with employees). — Art. 207. Under the regulations, 
 these disciplinary measures may be used with guards: (a) Admonition; (6) simple 
 arrest, for one to fifteen days; (c) detention in a hall of discipline, for five to fifteen 
 days; (d) arrest with rigor, ten to thirty days; (e) suspension from class or grade, 
 one to three months; (/) lowering of class; (g) loss of rank; (/t) discharge from 
 service; (i) expulsion from the corps of officers. 
 
 Art. 208. Admonition is used in CEise of slight infractions of the rules of service, 
 and especially for first offenses: Lack of zeal and promptness in executing orders; 
 tardiness at a daily call; lack of neatness; improperconduct in the gate room; incor- 
 rect treatment of outsiders who have access to the establishment; unjustifiable 
 delay in making report of infractions of rules; using prisoners to write letters. 
 
 Art. 209. Simple arrest: For repetitions of faults mentioned (art. 208); or for 
 violations of rules with aggravating circumstances; or for first offenses like the 
 following — neglecting orders of administrative or judicial authority; introducing 
 prisoners or outsiders to the guard quarters, without permission ; inexact reports, unin- 
 tentional; failing by neglect to prevent prisoners doing injury to materials or goods 
 of the establishment; failure to see that prisoners receive food and do not waste it, 
 give it away, or hoard it; failure to respond at daily call; habitually falling into debt; 
 smoking in places where it is not permitted; gambling or reveling in a public house; 
 frequenting houses of ill fame; introducing or trading in food or wine in the quarters; 
 using partiaUty or abuse toward inferior officers; changing in any way the division 
 of duties; profanity or obscenity; wearing civil clothing without permission. 
 
 Art. 210. Arrest in the hall of discipline is for second repetitions of acts in article 
 208; for those who repeat acts mentioned in article 209 with aggravating circum- 
 stances, and for the following: Writing to outsiders affairs of the service; communi- 
 cating to prisoners the names of those who have reported against them; mocking at 
 or abusing prisoners; neglecting oversight of clerks and foremen so that gross 
 abuses arise; procuring for prisoners, without permission, food, drinks, books, etc. ; 
 communicating to prisoners on trial anything relating to their case; hiding the 
 misdeeds of prisoners; gambling inside the establishment; drunkenness; failing to 
 respond to call twice in a year (not immediate repetition); sleeping on duty or 
 manifestation in other ways of indolence, negligence, or heedlessness; scandalous 
 flirtation; violation of rules of arrest or detention; making unfounded claims; caus- 
 ing discontent in the corps. 
 
 Art. 211. The punishment, "arrest with rigor," is inflicted for repetition for the 
 third time of offenses named in article 208; for second repetition of those named in 
 article 209; repetition, with aggravating circumstances, of offenses of article 210, and 
 first offenses of the following kinds: For permitting the introduction into the 
 infirmary of food or drink not ordered by the physician; giving work to prisoners 
 without permission, and not reporting clandestine work; eating or drinking, inside 
 the establishment, with prisoners or visitors; executing commissions of any kind for 
 prisoners without permission of the director; introducing means of gambling or 
 escape; interfering in the trials of prisoners, or giving advice as to choice of advo- 
 cates; eating or drinking with friends of prisoners outside the establishment, or with 
 
284 MODERN PEISON SYSTEMS. 
 
 persons discharged within three years; ' maltreating prisoners; criticising the actions 
 of superior officers, in oral or written form; remaining absent without permission 
 more than forty-eight hours; staying away more than forty-eight hours beyond 
 vacation allowed; contracting debts with contractors or prisoners; disobeying orders; 
 selling or lending objects of common use; leaving post of duty whei;i no grave conse- 
 quences follow; entering rooms of prisoners without order or request; rendering 
 escape possible to prisoners under their care. 
 
 Akts. 212-213. (Application of principles to certain subordinate officers.) 
 
 Art. 214. Suspension from office or expulsion from service may be the penalty for 
 repetitions and aggravations of certain offenses, and for the following: Refusal to 
 obey orders and disrespectful treatment of superiors; appropriation of food, medi- 
 cines, etc., designed for prisoners; neglecting to report the taking of articles by pris- 
 oners to help them commit offenses or escape; to subject the prisoners to punish- 
 ments not ordered by the administration; associating themselves with the interests 
 of purveyors; accepting presents from prisoners or from their families; aiding the cor- 
 respondence of prisoners inside or outside the establishment; permitting the escape 
 of prisoners by negligence; failure to observe regulations intended to prevent escape; 
 instigation to desertion; open insubordination or threats, short of crime; leaving a 
 post, without a substitute, when serious consequences follow; remaining absent with- 
 out permission beyond forty-eight hours, but not more than five days; violation of 
 rules of arrest in the hall of discipline; vile acts in service; contracting civil or reli- 
 gious marriage without permission; attempts to seduce female prisoners; appropri- 
 ating articles intrusted to their custody. 
 
 Art. 215. (Provision for acts not included in above articles.) 
 
 Art. 216. Disciplinary penalties do not relieve a culprit from liability to penal 
 process. 
 
 Female guards. — Art. 217. They are under sisters, or, these lacking, under a 
 commandant or head guard. 
 
 Art. 218. Their duties are similar to those of male guards (arts. 206-209). 
 
 Art. 219. Disciplinary punishments are (a) admonition; (b) simple arrest from 
 one to fifteen days, and (c) discharge. The penalties (a and b) may be pronounced 
 by the director; (c) by the minister, on the proposal of the director, transmitted by 
 the prefect. 
 
 Administration of Industry and Accounts, 
 general regulations. 
 
 Art. 566. There are five branches of this administration — administration of the 
 house, of manufactures and industry, of buildings, of the funds and effects of pris- 
 oners, of the fund of guards. The minister decides which of these branches are to 
 be established in penal sections of judicial prisons. 
 
 Art. 567. Each of these branches has its own accounts — in the first four for both 
 money and materials; in the fifth for money only. 
 
 Art. 568. The administi-ations of the house and of manufactures have a budget of 
 expenses and receipts each year, with balance sheets, vouchers, and inventories for 
 verification of accounts rendered. 
 
 Art. 569. The administration of buildings has charge of the new works and repairs 
 and the labor of convicts upon these. Accounts must be kept of implements used on 
 the walls. 
 
 Art. 570. All expenses are recorded with the minister of internal affairs, and he 
 provides supplementary funds, if needed. All income is turned into the public 
 treasury. * * * 
 
 Art. 571. Within the regulations all payments of expenses are made under the 
 regulations, unless special approval of the minister is required. * * * 
 
 ■ Art. 572. The administration of the particular interests of prisoners and guards are 
 checked up and compared in the office of the minister. * * * 
 
 Art. 573. Payments ordered by the minister and not under any special branch are 
 made according to the regulations. 
 
 Administration of the house. — Estimates and contracts. — Art. 574. The supply 
 of food and other articles for the prisoners is made by contracts or on state account, 
 according to the dispositions of law or administrative regulations of the state. The 
 director, under either system, must make an estimate at the beginning of each 
 year. * * * These estimates, with statements of probable income, are sent to 
 the minister in February. * * * 
 
 Art. 575. In the making of the estimate the following items must be carefully 
 considered: The population of the establishment; the dietary ordered; the prices of 
 
MODERN PBISON SYSTEMS. 285 
 
 articles customarily paid; the condition of the clothing, utensils, etc., of prisoners 
 and guards, and the amounts required; general and local conditions which may affect 
 the financial administration. 
 
 Art. 676. Both income and expenses must be separately stated and in distinct 
 -chapters and articles, according to the nature of each class. 
 
 Art. 577. Only personal items of expense for guards are placed in the estimates; 
 expenses paid by the minister for arms, transportation, etc., are not included. 
 
 Art. 578. Expenses for materials to be used in the institution for its economy are 
 not in the estimates. * * * 
 
 Art. 579. Six months before contracts are made the director sends the minister an 
 itemized account of the proposed contracts. * * * 
 
 Art. 580. In whatever way the supplies are procured the director is to see that the 
 terms are faithfully carried out. * * * 
 
 IVEaterials for coiisujuption. and use. — Art. 581. The distribution of food is 
 made under the regulations. 
 
 Art. 582. All articles of underwear, bedding, etc., must be so cared for that they 
 will not be injured nor lost. Articles of food and flre which will keep should not be 
 held in stock for more than three months at a time. 
 
 Art. 583. Clothing and wash goods for the use of prisoners are to be made of 
 materials prescribed in the rules, and this holds true of materials for guards and 
 officers. * * * 
 
 Art. 584. All bedding and wash goods must be stamped. * * * The number of 
 the prisoner is marked on the goods used by him for bedding or clothing. 
 
 Art. 585. The director causes careful records to be kept of the time during which 
 furniture and utensils are used and charges the prisoner with any unnecessary waste. 
 
 Art. 586. Solid movable articles are distinctly marked with a number and initials 
 of the establishment. * * * 
 
 Art. 587. Articles may not be put to use not stated in the rules. When guards are 
 changed, the articles used are inventoried, so that responsibility for waste may be 
 assigned. 
 
 Extra diet. — Art. 588. In penal and reformatory establishments extra food is sup- 
 plied on state account or by private parties. 
 
 Art. 589. When the supply is made directly by the administration, the director 
 should not provide larger quantities than are strictly necessary. 
 
 Art. 590. The provision is made with funds of prisoners and inmates. * * * 
 
 Art. 591. The interests of the prisoners must be respected in making prices of 
 purchase, and the prisoners are charged in the price with expenses of distribution. 
 This extra charge must not exceed 3 per cent. * * * 
 
 Art. 592. The administration may use the labor of prisoners in the office, but not 
 in depositing or distributing. The servants are changed frequently. 
 
 Art. 593. The right to provide supplies is given gratuitously and not leased. It is 
 conceded to persons who have moral character and who sell at rates under the 
 market price. 
 
 Art. 594. The director, under regulations and with reference to market rates, 
 makes terms and rates of sale with vendors from time to time. * * * 
 
 Art. 595. This supply is for the benefit of prisoners and can not be extended to 
 others without permission of the minister. 
 
 Admimstration of the manufactures. — Budgets and direction. — Art. 596. Each 
 director sends the minister estimates of income and expenses (art. 574), with 
 details relating to the forms of work and his plans for operation. 
 
 Art. 597. The controlling aims must be to secure continuous occupation for 
 convicts and inmates and for the latter especially industrial instruction, to secure 
 sale of products, and to obtain a moderate profit. * * * 
 
 Art. 598. The manufactures are to be conducted on state account — that is, with 
 funds of the Government, through contractors who furnish materials; by partial 
 employment of persons in each industry, on contract or by the day. 
 
 Art. 599. When contractors direct the process, the administration simply main- 
 tains discipline, prevents damage, and sees that injuries are made good. * ■ * * 
 
 Art. 600. Separate and accurate reports of receipts and expenditures must be made 
 for each branch. Where work is done for several branches the quota of loss and 
 gain must be assigned to each one. * * * 
 
 Art. 601 . The technical direction of each branch is under a foreman, free or convict. 
 
 Art. 602. In addition to usual wages foremen receive a bonus, to be fixed by the 
 
 miTllHtfil* WW* 
 
 Materials and products.— A-rt. 603. If a purchase exceeds 4,000 lire it must be made 
 by bids or auction. For smaller sums direct purchases can be made. Purchases are 
 made at first hand, with customary discounts, from reputable dealers, and regard 
 must be had to distance of transportation. * * * 
 
286 MODERN PRISON SYSTEMS. 
 
 Abt. 604. In makiag small purchases the director must give the preference to deal- 
 ers who offer the best quality and prices. 
 
 Art. 605. Where tools and utensils are made in the establishment, the same 
 accounts of cost must be made as if they were purchased outside. The same rule 
 holds for all kinds of service. * * * 
 
 Aet. 606. Such articles for interior use are stamped and numbered for record. 
 » * * 
 
 Art. 607. The materials for manufactures must be marked and recorded in divisions, 
 with date of purchase. Care must be taken that the material furnished by con- 
 tractors is not mixed up with that of the prison. 
 
 Art. 608. Records of cost of all work must be kept, whether done for contractors 
 or on state account. 
 
 Art. 609. In estimating the price of manufactures on state account these items 
 must be considered: The wages of foremen, clerks, and others; a moderate credit 
 for work done by apprentices; a proper credit for use and wear of tools and machines. 
 
 Art. 610. In counsel with the technical foremen and accountants the director 
 fixes prices of products. In making prices, 10 per cent on capital employed should 
 be repaid. Five per cent should be the basis for estimates of price for the state 
 administration. Where this gain is impracticable the reason should be stated to 
 the minister. « * * 
 
 Art. 611. For work done by contract or employment the same financial results 
 should be secured as for state account. * * * 
 
 Art. 612. The rate credited for work done by prisoners should equal that for free 
 labor, proper deductions being made. In estimating the value of hand work done 
 by prisoners, the cost of wear of tools, and various salaries of superintendence must 
 be added. 
 
 Art. 613. The hand work is rated by contract for each kind of work. Generally 
 the foremen and clerks among prisoners are paid daily wages. 
 
 Art. 614. The rates for hand work are fixed for each shop and should be the same 
 under each method of emploj'ment, and when market changes occur the approval of 
 the minister must be had for changes in these rates. 
 
 Art. 615. In each work place a record is kept, which includes: The work done by 
 each prisoner; to whom the work belongs — Government, employer, or contractor; 
 number of days absent from the place for sickness, etc. 
 
 Art. 616. A record of work done by the day is kept. 
 
 Art. 617. At the end of each month the facts are compiled for each species of 
 employment. 
 
 Art. 618. The director, with the aid of the deputy and accountant, decides what 
 shall be repaid the Government, employer, or contractors by the workmen or foremen 
 for waste or negligence. 
 
 Art. 619. Products made for the administration are marked with a stamp kept by 
 the accountant. * * * 
 
 Art. 620. The director sees that the products are sold off and not accumulated in 
 the storehouses. 
 
 Art. 621. The sale of products is by auction, unless they are used by the adminis- 
 tration. 
 
 Art. 622. Exceptionally goods may be sold on credit on responsibility of the 
 director. 
 
 Articles 623 to 632 give details of keeping accounts between the director and the 
 central administration. The aim of these articles is to see that the director gives 
 account of all transactions and property to the minister, and a system of checks is 
 devised to secure accuracy. 
 
 Administration of buildings. — Arts. 633-647. At the beginning of each fiscal 
 year the central administration provides for an inspection of all buildings, at which 
 time the director shows the changes desirable on account of the industries, or for 
 other causes. A report of the inspection is sent to the minister. No change in the 
 use of buildings can be made without authority from the minister, and the director 
 is responsible. Lands belonging to the establishment must be rented if possible; if 
 cultivated, the product is for the administration and not for any officer. Exception 
 is made of gardens about a house, which may be cultivated at expense of the occu- 
 pant, but the ]Droducts may not be sold. When a house leased to an officer changes 
 occupants, an inventory is made, and the last occupant is to make good any injury 
 lor which he is responsible. The director must inform himself accurately in regard 
 to all repairs made. No work may be undertaken in an establishment, apart from 
 ordinary repairs, without consent of the minister. As far as possible works of repair 
 are to be done by prisoners and inmates. Forms for providing money and overseeing 
 
MODERN PBISOW SYSTEMS. 287 
 
 repairs are provided. Materials for construction, wiien tiie work is not done in the 
 sliops, and can not be obtained from other prisons on state account, may be obtained 
 from free industry under the direction of the engineer or the administration. The 
 engineer is furnished by the deputies with a list of prisoners suitable for workmen 
 and disposable for the purpose. These regulations are common to all prisons and 
 reformatories. , 
 
 Administration of funds and property of prisoners and inmates. — Ahts. 
 64&-657. Money owned or earned by a convict or inmate or articles of use must be 
 accounted for by the administration. Money brought with the prisoner or procured 
 out of his property may be used for petty expenses, as postage, for making good 
 waste or injury, for aid to the family, or for extra food. Money earned by labor may 
 be used for extra food, aid to family, underclothes, or books. At the first of each 
 month the prisoner is informed of his credit. Funds may not be exchanged except 
 in the first grade. Ordinarily a convict may not procure articles on credit, but 
 exceptions are made by the director in case of postage, passbooks, etc. Surplus 
 funds are placed at interest, and thus money is provided for extra rewards to prison- 
 ers for special merit. 
 
 Administration of funds of officers of establishments.— Arts. 658-669. The 
 general fund of agents of custody is composed of three elements — the common fund, 
 that of the table, and that of the school. The director is responsible for maintaining 
 this fund unimpaired. A part of the salary is reserved each month for this fund. 
 When the credit exceeds 50 lire it is placed in the postal savings bank, and the 
 director attends to sending and inscribing interest due. This fund can not be 
 touched except for such articles as are needed by the agent of custody. The table 
 fund is reserved for payment of food and treatment in the infirmary. The school 
 fund, kept out of salary, is drawn upon for instruction, paper, or books. Twice a year 
 the director reports the state of funds to the minister for his judgment as to disposi- 
 tion. Interest on surplus funds is a source of payment for extra services. 
 
 Bules for accounts. — Arts. 670-696). The fiscal year is from July 1 to June 30 
 of the succeeding year. Before the end of September all accounts must be settled 
 for the preceding year, debits and credits. Special rules are made for the accounts 
 of rewards paid prisoners for labor. In each establishment, in addition to the fund 
 for current accounts, there is kept a reserve under three keys of different forms, one 
 held by the director, another by the accountant, and the other by the bookkeeper. 
 Forms are provided for receipts and expenditures, reports, credits of various funds 
 and accounts. * * * 
 
 Service of accounts. — Arts. 697-793. The director formulates the methods of 
 keeping books to meet the requirements relating to budgets (art. 574 to 596). He is 
 responsible, along with the accountant, for expenses exceeding estimates, except 
 in cases of urgent need. The director administers the making of contracts. He 
 signs receipts and orders for payment; orders for moving materials and goods; for the 
 moving of articles of food and fuel; for materials used in construction and repairs; 
 articles received for prisoners; for labor of prisoners. He prescribes to clerks and 
 sisters the method of checking the use of materials and other property. He may not 
 change the price of articles to be sold from that registered in inventories, save in 
 exceptional circumstances. Not less than once in three months the director must 
 examine accounts and funds on hand and report to the minister. Once a year an 
 inventory of all articles and goods must be made. If the director finds disorder in 
 the accounts he is to suspend the person responsible and report to the minister and 
 await instructions. 
 
 Special duties of the vice-director. — He attends directly to provision of materi- 
 als for the house service, purchasing from contractors or dealers. He watches over 
 the stock of food and other materials, inspecting quality and quantity. He sees that 
 clothiiig, utensils, and arms are in good condition. 
 
 Special duties of the accountant. — His principal function is the control of 
 orders and regulations bearing on the financial department. If an order conflicts 
 with regulations he reports the fact to the director, and he to the minister, for a 
 decision. Orders for moving goods and furniture, etc., are prepared by him for the 
 director's signature. Payments and receipts authorized by the director are by the 
 accountant registered in separate books of the house, manufactures, building funds 
 of prisoners, funds of guards, miscellaneous. It is his duty to see that careful entries 
 are made of all materials and expenses, and at the end of the year he formulates the 
 financial report. 
 
 Special duties of the bookkeeper. — This oflScer has to keep records of money 
 and materials, under orders from the director. He has charge of cash and receipts. 
 Minute rules are given for each form of transaction in his care and models of papers. 
 The chief purpose of these rules is to furnish the supreme administrators of the 
 
288 MODEKN PRISON SYSTEMS. 
 
 Kingdom all the details of the financial transactions of each establishment, so that 
 errors and dishonesty may be checked and corrected. 
 
 Special duties of foremen and technical directors. — These oflScers are respon- 
 sible to the director for the execution of work ordered by him. They must keep 
 account of materials delivered to them by the bookkeeper. They furnish estimates 
 of factors entering into cost of work done and materials used. 
 
 Special directions for accounts of agricultural penal colonies. — Akts. 794- 
 816. Here the general principles of accounts already cited are followed, with 
 such particular modifications as are required by the nature of the industry. 
 
 Special rules for the accounts of judicial prisons. — Akts. 817-847. The direc- 
 tor must see that accounts are kept of money deposited, the treasury, movement of 
 funds, auxiliary funds, sums deposited for work done, payments to prisoners, accounts 
 with prisoners and guards. (There follow technical details for .accounts, with 
 reference to model formulas used. ) 
 
 Accounts of contractors. — Arts. 848-867. The maintenance of prisons may be 
 subject to contract, a fixed sum per day being paid for each prisoner maintained. 
 Instructions are given for keeping inventories of all furniture and materials, 
 and for the guaranty of proper quality and quantity of goods furnished under the 
 contract, and for vouchers of payments. 
 
 Various accounts. — Abts. 868-875. * * * 
 
 Keception of Prisoners. 
 
 Admission into the establishments of preventive detention, convict pris- 
 ons, and reformatories. — Art. 220. Interrogation of the person detained. When 
 a person is conducted into the establishment he enters the office of the commandant, 
 head guard, or head watchman, and is requested to respond to questions, to deposit 
 papers and valuables which he has on his person, and to declare if he has brought 
 any articles which he wishes to have deposited for safe-keeping. He is warned of 
 the consequences of lying. Then he is questioned and examined and a record made 
 of distinguishing marks. If he is a convict, he is conducted to the director for further 
 dispositions. 
 
 Art. 221. The commandant, head guard, or watchman makes sure of his identity, 
 disposes of the articles received, makes a record in the register, and sends him into 
 the establishment. When there is any doubt about the identity of the individual 
 who surrenders himself or is brought to the prison, information is given to the proper 
 judge, in case it is a person on trial, or to the director if it is a person condemned. 
 
 Art. 222. Papers, articles of value, clothing, and other objects dejjosited by the 
 prisoner or found on his person are recorded, and if it is a person on trial the judicial 
 authority is informed. In case of a convict, the director may send information to 
 the judge if he thinks the articles of interest to the course of justice. The papers 
 and articles of value are consigned to the bookkeeper or other officer, who is respon- 
 sible for them, and may not be restored without a written order of the director. 
 
 Art. 223. Money and valuables found concealed on the prisoner are set apart and 
 sent to the court of trial, to be disposed of according to law. If the prisoner comes 
 from another establishment and serves a sentence, the articles belong to the patron- 
 age fund. 
 
 Art. 224. When, within fifteen days from the communication named in article 222, 
 there is no order from the court to the contrary, the clothing of the prisoner is washed 
 and placed in the storehouse. The articles stored are placed in one cover and have 
 attached to them a card bearing the name and residence of the prisoner. If the arti- 
 cles are such as can not be preserved, they are disposed of by sale, with the consent ot 
 the prisoner and for his benefit, or may be sent to his family when he prefers and 
 can pay for transportation. The sale or sending to the family is obligatory when the 
 prisoner upon entrance has more than five years to serve. 
 
 Art. 225. Where there is reason on account of the season or of neatness and clean- 
 liness it is thought advisable to take away clothing when the prisoner is examined, 
 and from lack of others to put on the clothing of the establishment, the competent 
 tribunal should be informed twenty-four hours in advance. 
 
 Art. 226. After exammation and registration the physician makes a medical inspec- 
 tion the same or the next day in a room set apart for the purpose. If the physician 
 discovers anything of interest to justice, it is communicated to the tribunal. * * * 
 
 Art. 227. After the medical visit the commandant or head guard, if the person 
 is on trial, gives information to the tribunal, and if the judge does not within two 
 days make objection the prisoner is washed, his hair is cut, and a cell is assigned 
 him. 
 
MODERN PRISON SYSTEMS. 289 
 
 Art. 228. If the prisoner is in for a sentence of over tfiree months, after the med- 
 ical visit the hair is cut, the beard shaved, a bath given, and then, clothed in prison 
 garb, he is conducted to a cell of observation if the prisoner is simply detained, and 
 to an ordinary cell or cubicle if he is sentenced to another penalty. The man under 
 detention remains in his cell of observation five days. The hair of women is not 
 cut unless it is ordered by the physician as necessary. 
 
 Art. 229. Rules for inmates * » * (Arts. 223, 224, 228.) 
 
 Art. 230. All prisoners are instructed in the rules so that they can not plead 
 ignorance. 
 
 Assignment to places of punishment. — Art. 410. The attorneys of the King in 
 the districts of the courts of appeal send recommendations to the minister of internal 
 affairs in respect to prisoners condemned for terms longer than six months. * * * 
 
 Art. 411. The minister assigns places in penal establishments without delay and 
 notifies the courts, and the courts cause the transfers to be made at once. 
 
 Art. 412. Convicted prisoners: (a) Foratermnotexceedingthreemonths, servetheir 
 term in the district prison; (6) for a term not exceeding six months, in the central 
 or auxiliary prisons; (c) for a term not exceeding three years, in penal establishments 
 or sections of the circle to which they belong; (d) for a period over three years, but 
 not exceeding five years, in a prison of their division, but not of their circle; (e) for 
 a period over five years, in a penal establishment outside of their division. 
 
 Arts. 413-415. Exceptions made for convenience. * * * 
 
 Art. 416. The central administration makes an annual statement on these subjects 
 to council of prisons. * * * 
 
 Transfers. — Art. 417. Transfers of prisoners must be made in cellular or covered 
 vehicles. Persons awaiting trial may be transferred in ordinary carriages, at their 
 own expense, care being taken by officers that they do not escape. 
 
 Art. 418. Forms observed in transfers; orders from court or directors; use of 
 soldiers as guards, etc. * * * 
 
 Art. 419. Every prisoner must be examined by the physician just before the 
 transfer, and he gives a certificate if the prisoner is in condition to be moved. If 
 the physician certifies that the prisoner can not be moved without danger to health, 
 the director suspends the order for transfer until health is sufiiciently restored. The 
 proper court and minister are informed of the reason for delay. * * * 
 
 Art. 420. Women about to be confined, or having babe at the breast, may not be 
 transferred. 
 
 Art. 421. The chief of guards gives certificates and articles of value to the head of 
 the escort who has charge of the prisoner * * * and keeps a receipt. The history 
 of the conduct and class of the prisoner is kept in the documents which go with him. 
 
 Art. 422. One lira (20 cents) per day of the expenses for travel is paid the head of 
 the escort from the fund credited to the prisoner, and not more than 4 lire for persons 
 on trial. 
 
 Art. 423. The accounts of the prisoner are closed when he leaves, and the sum due 
 him is sent to the prison to which he is transferred. 
 
 Art. 424. Persons in any way connected with the army are transferred separately 
 from other prisoners. 
 
 Art. 425. Minors are escorted by guard in citizen's dress. * * * 
 
 Art. 426. Persons transferred ■ to insane asylums are intrusted to custodial agents, 
 with aid of soldiers if necessary. 
 
 Art. 427. Special provisions may be made for the transfer of women and girls. 
 
 Art. 428. Funds credited to a prisoner may be retained for a time if the transfer 
 is temporary. * * * 
 
 Art. 429. An extra ration of bread is given to a prisoner at his transfer. * * * 
 
 Photographs and identification of prisoners. — Art. 448. Photographs are 
 made of persons on trial when this is required by the courts; and also persons accused 
 of counterfeiting public money, plotting crime, theft, robbery, extortion, swindling, 
 improper appropriation, or any crime for which the law makes the penalty reclusion 
 for fifteen years or more, and certain others. * * * The photographs must be 
 kept by the director from inspection. 
 
 Art. 449. Three copies of the photograph and anthropometrical description are 
 made and sent to the minister of internal affairs. Negatives are destroyed. * * * 
 
 Art. 450. Photographs are made of prisoners liberated on conditional release, and 
 of those serving ten years or more, who are placed under surveillance of police, who 
 are on any ground released. 
 
 Art. 451. Special house rules in relation to inmates 
 
 H. Doc. 452 19 
 
290 MODEKN PKISON SYSTEMS. 
 
 Rules op Conduct. 
 
 Segulations for the persons detained in judicial prisons. — Aet. 231. Persons 
 on trial are kept in cellular isolation under instructions of the tribunal. The accused , 
 with the consent of the competent judge, while isolated at night, may work in shops 
 during the day under the continual vigilance of the guards. The detained prisoners 
 awaiting judgment of a court of appeals or cassation, and persons convicted and 
 sentenced to not more than fifteen years and expecting to be sent to the place of 
 punishment, sleep apart at night and are together in the day. 
 
 Abt. 232. Distinct sections may be set apart for those condemned to ' ' arrest ' ' for 
 all the time of their sentence, and for those sentenced to detention or reclusion from 
 six months to three years. The first two classes of convicts are under the rule of 
 nocturnal separation and of common life during the day; the last class to continuous 
 cellular isolation during the first period of their term and afterwards to nocturnal 
 isolation, under the provisions of the Penal Code. 
 
 Akt. 233. Prisoners being transferred and those held by oflScers of public security 
 are kept in special places, so that they can not have communication with other 
 prisoners. * * * 
 
 AsT. 234. Separate sections for persons guilty of violating the press laws, * * * 
 with special rules. 
 
 Aet. 235. Minors under 18 years must be kept in cells and must not communicate 
 with adult prisoners, and also children provisionally held for "paternal correction." 
 
 Art. 236. The detained persons under congregate rule during the day should, so 
 far as possible, be kept in a distinct class (according as they are on trial or condemned 
 to a certain kind of penalty), separated in shops and schools, in passageways, and in 
 all other places specially assigned to them. When room is lacking, the hours of 
 movement, should be regulated to accommodate detained persons of the same class 
 together. 
 
 Aet. 237. The same system should be maintained in prisons or sections devoted to 
 women. Women of vicious life, whatever is the charge against them, should be 
 isolated from others. Women who have infants with them may be permitted by the 
 director to keep them as long as he thinks necessary. Infants over 2 years of age 
 may not be kept in the prison with their mothers. Women with infants and not 
 under the rule of isolation may be held in a common hall. When the infants are 2 
 years old, and the mothers are to be sent to another prison or to the penal section of 
 the same prison, the director, through the syndic of the commune of legal settlement, 
 arranges that the child shall be intrusted to relatives, or, if there are none, by the 
 aid of a society of patronage they may be placed in an asylum. 
 
 Regulations for prisoners in penal establishments.- — Aet. 238. The sentences 
 to hard labor are served by the rule of articles 12 to 84 of the Penal Code. 
 
 [Article 12 of Penal Code: The punishment of hard labor is continual. It is exe- 
 cuted in a special establishment, where the convict remains the first seven years in 
 continuous cellular isolation and is required to labor. In the succeeding years he is 
 permitted to work with other convicts and required to be silent, .^ticle 84 of 
 Penal Code: The prisoner condemned to hard labor, who commits another misde- 
 meanor, is subjected to an additional period of cellular isolation for six months to 
 five years, if the misdemeanor carries with it reclusion or detention for more than 
 one year, and to a new period of not less than eight years, which may be extended 
 to life if the offense would be punish-ed with hard labor.] 
 
 The penalty of reclusion is served under articles 13, 80, and 81. 
 
 [Article 13 of Penal Code: Reclusion may be from three days to twenty-four years; 
 it is served in a special establishment, requires labor, and is under the following 
 rules: If not above six months, it may be served in continuous cellular isolation in a 
 judicial prison. If above six months, it is served with continuous cellular isolation 
 for a first period equal to the sixth of the entire period; can not be less than six 
 months nor more than three years, with separate cell at night and silence during 
 the day, for the succeeding period. Article 80. Provides for additional period for 
 repetition. * * *] 
 
 The penalty of detention is served under articles 15, 80, and 81. 
 
 [This penalty is for three days to twenty-four years. It is executed in a prison 
 designed for it, implies labor and separate cell at night. The convict may choose 
 the kind of labor, according to his aptitudes.] 
 
 The punishment of arrest is under the rules of the Penal Code, articles 21, 80, 
 and 81. 
 
 [The term may be one day to two years, in a special prison, with labor. Women 
 and minors, not recidivists, may be permitted by the judge to serve the sentence at 
 home. If the rules are violated, the regular punishment is inflicted.] 
 
MODERN PRISON SYSTEMS. 291 
 
 Art. 239. Women prisoners serve the sentences of hard labor, reclusion, detention, 
 or arrest in special establishments or sections. 
 
 Internal regulations of prisons and reformatories.— Aht. 240. The hours of 
 opening and closing are determined by house rules. Immediately after closing 
 the keys of the principal entrance are delivered by the porter to the commandant, 
 head guard, or head watchman, who, at the opening hour of the next day, returns 
 them to him. Outside the director, commandant, head guard, or head watchman, 
 or others who are given this right for grave reasons, no person may enter or depart 
 from the establishment during the night. 
 
 Akt. 241. Each section of the establishment is to have an alarm tower, from which 
 alarm may be sent to the central office. * * * 
 
 Aet. 242. At the waking signal the prisoners arise, brush their clothing, wash face 
 and hands, comb the hair, fold the bedclothes, putting all in order, and sweep the 
 cell or chamber. The cleansing of other places is done by prisoners assigned to the 
 duty. 
 
 Art. 243. On work days, a half hour after the waking call, at the second sounding 
 of bell or horn, the prisoners in the congregate section file into their shops or other 
 places of work; those who are to remain in their cells are to begin their tasks. 
 
 Art. 244. At the hour fixed for retiring the prisoners in the congregate section 
 march to their cells or dormitories, arrange their beds, undress, and lie down. 
 
 Art. 245. The director may modify the hours of rising and retiring for prisoners in 
 cellular confinement, having regard for their conduct and social position. The same 
 persons may remain awake until 9 o'clock in winter and until 10 in summer, and in 
 such case must themselves pay for lights. 
 
 Art. 246. Prisoners of all classes, unless there is a judicial order to the contrary, 
 are to be taken daily for a walk, in separate courts or together, according to the sys- 
 tem to which they are subjected, and under constant guard. The duration of the 
 walk is regulated according to the seasons, but the minimum is one hour. The time 
 maybe increased on festival days, or when time and court space permit, especially 
 for persons on trial, minors under 18 years, and prisoners of feeble health. 
 
 Art. 247. Prisoners condemned to hard labor and reclusion, after the period of 
 segregation, may take a walk together, observing the rule of silence, and must walk 
 in line at a fixed distance from each other. They may not stop, nor leave ranks, 
 nor sit down without obtaining permission of the guard. Those condemned to 
 detention or arrest must walk in good order, at most two and two, or remain seated, 
 and speak in a low voice. The inmates are under special rules. 
 
 Regulations for prisoners and inmates. — Art. 248. Prisoners of these classes 
 entering a prison or reformatory are under the control of the public administration. 
 Nothing should be neglected which will instill into them the conviction that the 
 superior authority and guards have their interest at heart, but at the same time are 
 held strictly to the performance of their own duties, and that the first means of mak- 
 ing themselves respected is to be respectful to others, and that, whatever their actions, 
 good or bad, all will be equally punished or rewarded. 
 
 Art. 249. Convicts are to be callecl by their matriculation number. Convicts and 
 inmates are to be addressed with "voi" [direct and less respectful form]; but con- 
 victs, inmates, and persons on trial are to address ofiicers and guards with "lei" 
 [indirect, respectful form]. Convicts and inmates address each other with "voi." 
 
 Art. 250. Prisoners and inmates are required to render instant obedience, without 
 remarks to employees, ofiicers of the guard, and others in authority. 
 
 Art. 251. Prisoners and inmates may not leave a place assigned them without being 
 accompanied by a guard. Prisoners who during the day live in common in work- 
 shops and elsewhere may not go to cell or dormitory from the time of exit to the time 
 of return without a special order of the superior officer. 
 
 Art. 252. No communication is permitted between prisoners and inmates of differ- 
 ent classes and between prisoners subjected to continuous cellular segregation, except 
 by special permission of the director or of the court in case of persons on trial. 
 
 Art. 253. With exceptions (noted in articles 457 to 484) silence is obligatory on 
 prisoners and inmates in all their movements, at meals, work, school, worship, and 
 rest. At times, in places and grades of penalty when silence is not required, the 
 prisoners may talk in low tones. 
 
 Art. 254. In presence of superior officers and visitors the prisoners and inmates 
 must maintain respectful bearing. 
 
 Art. 255. Prisoners answering a question and giving explanations to ofiicers must 
 talk in low tones. They may not directly address a visitor without authority from 
 the director. 
 
 Art. 256. Prisoners who work in common in gangs during the day refer matters of 
 tasks to the head of the department or his representative, and not to their comrades. 
 
292 MODERN PRISON SYSTEMS. 
 
 Aet. 2b ^. Prisoners are required to obey the foremen. When they refuse the fore- 
 man must report them to the commandant or head of watch or guard, and sometimes 
 to the director. 
 
 Akt. 258. Convicts acting as foremen must treat the laboring prisoners properly, 
 instruct the apprentices intrusted to them, and see that they work with zeal and 
 assiduity. 
 
 Art. 259. Prisoners must behave properly toward their associates, and are forbidden 
 at any time or under any pretext to ask of anyone food, drink, or any other articles 
 whatsoever. 
 
 Art. 260. They are absolutely forbidden to sing, shout, to employ unfit language, 
 to make collective demands, or converse in words unintelligible to the guard. 
 
 Art. 261. Without permission of the director (in case of persons on trial, of the 
 judge) all trading, buying, selling, and giving of food or other articles are forbidden 
 between prisoners and between these and officers or strangers. In addition to lia- 
 bility to disciplinary punishment such transactionsare void. Prisoners may not take 
 articles belonging to the establishment and send them to their families. 
 
 Art. 262. Prisoners are forbidden to soil or damage the walls; to make inscriptions 
 or marks upon them; to lie in bed with their clothes on or to be undressed in day- 
 time; to injure clothing, furniture, or articles which belong to the administration, 
 contractors, or agents; to make use of bowls or utensils in a way different from their 
 purpose, and to commit any improper act which may injure the building or furni- 
 ture of the establishment. 
 
 Art. 263. In case of injuries, whether from malice or neglect, in addition to the 
 proper punishment, the prisoner is required to make restitution out of his fund, or, if 
 there is none to his credit, the punishment is aggravated by deductions from food 
 until the damage is made good. Inmates under 14 years are not liable to this reduc- 
 tion of food. When there are several prisoners or inmates, when the author of the 
 damage is not known, all who are present are held responsible for making good the 
 loss. 
 
 Art. 264. It is forbidden for prisoners and inmates, with exception in the rules, to 
 receive from without smoking tobacco, food, and other articles, apart from under- 
 clothes and shoes, clothing for release, instructive books. * * * if articles not 
 permitted are brought in, the director sends them back and notifies those to whom 
 they are directed. 
 
 Art. 265. No prisoner may keep with him a razor, penknife, large knife, scissors, 
 or other instruments capable of injuring others, except in cases of temporary need 
 and by permission of the director. Nor may any prisoner retain money or valuables, 
 furniture or utensils (except the regular furniture of his room) without permission 
 of the director. 
 
 Art. 266. Prisoners and inmates may direct requests to the director, minister of 
 the interior and of grace and justice, to under-secretaries of state, to heads of the 
 public ministry, to the director-general, and to the inspectors of prisons, and persons 
 on trial also to the judge who has jurisdiction. _ For this purpose a locked box is 
 presented every day in each cell and shop, and a similar box in the room devoted to 
 correspondence. The keys are in charge of the director, who daily has the letters 
 sent to their address, with such precautions as are prescribed by the regulations. 
 Prisoners may request a visit by the chaplain, the physician, the commandant, or 
 head guard by addressing the guard on duty. Female prisoners address the sisters 
 or female guards. Prisoners are punished for repeating a request already passed 
 upon, unless they offer new evidence. 
 
 Art. 267. Prisoners may appeal to the director, directly or through a messenger, 
 when they have good reason, but they must not expose their requests in presence of 
 fellow-prisoners, and must wait to be called to tell their case. 
 
 Art. 268. The use of smoking and chewing tobacco in prisons and reformatories is 
 forbidden (except according to article 264) . Adults may have snuff. Persona await- 
 ing trial and prisoners on sentences of less than six months are permitted to smoke 
 under certain restrictions. 
 
 Art. 269. Judicial prisoners in separate cells may receive books and political 
 journals if they have been inspected by the court and introduced under the rules. 
 Convicts and inmates are forbidden to hear such reading, but the director may give 
 them other reading matter outside of work hours. 
 
 Art. 270. Extracts from the regulations containing the rules of discipline are to be 
 posted in cells, shops, meeting places, and interview rooms, and also the rates for 
 extra food. In sections set apart for persons awaiting trial, a list of lawyers must be 
 posted by the court. 
 
 Art. 271. Prayers in chapel are to be made mentally, and pronounced aloud only 
 by the chaplain or by a prisoner nominated by him and approved by the director. 
 
MODERN PRISON SYSTEMS. 293 
 
 Collective singing is prohibited in religious services, but prisoners selected by the 
 chaplain may form a choir, which must sing in a place apart from the other pris- 
 oners. 
 
 Art. 272. Games of all kinds are prohibited, and all occupations except those 
 which conform to the regulations. 
 
 Akt. 273. All utensils and instruments of a dangerous kind which the prisoners 
 may be permitted to have for their use shall be taken away from their cells in the 
 evening and restored in the morning. 
 
 Art. 274. In case of misdemeanors the director ascertains the facts, makes a record, 
 and writes down names of witnesses. Copies of this record are sent to the court, 
 the prefect, and to the ministry. 
 
 Art. 275. In addition to prescribed punishments, prisoners who are violent may be 
 restrained by strait-jacket in the cell. The officer in charge shall inform the director, 
 and in case of persons awaiting trial the court shall be informed. 
 
 Visits and conversations. — Art. 291. Visits to the prisons and reformatories are 
 absolutely prohibited without a special permit from the minister of internal affairs 
 or of the under-secretary of state, who are authorized to grant a permit exclusively 
 for purposes of study. 
 
 Art. 292. Exceptional cases, notrequiring permits: Members of Parliament, presi- 
 dents of courts and tribunals, heads of offices of the public ministry, * * * judi- 
 cial persons in the exercise of th^ir functions, the bishop of the diocese, the director- 
 general of prisons, inspectors and delegates of the minister of internal affairs, pre- 
 fects and sub-prefects in their jurisdiction, inspectors of prisons, directors of the 
 district on errands of duty, officers of public security on duty, members of the com- 
 mission of visitors and council of surveillance, members of the society of patronage 
 in the district when recognized by the governor, the local priest and minister of 
 other faiths, and messengers of courts on errands of duty. Lists of persons author- 
 ized to visit prisons are posted in the prison. 
 
 Art. 293. Minors under 18 years of age may not be permitted to visit prisons. 
 
 Art. 294. Visitors are ordinarily accompanied by the director or his i epresenta- 
 tive, judicial officers, inspectors, and some others being excepted. 
 
 Art. 295. Not more than two persons may visit a preventive prison at once, nor 
 more than four a penal or reformatory establishment; nor can more than two visits 
 be made in one day, except by judicial officers. 
 
 Art. 296. The director or attendant should advise the visitor not to direct remarks 
 to prisoners nor to make observations which they can hear. After the visit explana- 
 tions may be made apart from prisoners. No particulars about persons awaiting 
 trial can be communicated, and a special permit from the minister is needed in 
 respect to inmates. 
 
 Art. 297. When several persons wish to make special studies they must send 
 request for permission to the minister of internal affairs, stating the number of per- 
 sons, the place to be visited, the scope of the investigation. Such permits are not 
 issued unless the applicants are known from the positions they occupy, or from their 
 published works or other evidences of scientific ability. 
 
 Art. 298. Aside from representatives of higher offices no one is permitted to visit 
 prisoners in punishment cells under the rule of silence, or prisoners awaiting trial and 
 subject to the orders of a court. * * * 
 
 Art. 299. Two registers of visitors are kept in each prison — one for those who come 
 with special permits, and the other for those who have some duties to fulfill. 
 Observations may be written down, with name, position, etc. 
 
 Art. 300. No person outside the administration is admitted to converse with 
 prisoners without written permit from the court, if the prisoners are awaiting trial, 
 or, in other cases, from the director. The director has power to suspend a permit 
 when a prisoner is in punishment or when a visit would injure discipline, and then 
 he gives his reasons to the authority who granted it for suspending the privilege. 
 
 Art. 301. Permits are good only for the day named in them, and are taken up 
 when the visit is concluded. 
 
 Art. 302. Convicts are permitted to converse only with relatives or those who have 
 a legitimate interest in them. * * * Inmates are under rules of the house. 
 
 Art. 303. The persons admitted should be known personally to the director or 
 bring evidence of identity from the syndic of the commune, with statement as to 
 their relations to and interest in the prisoner. For interview with a person on trial 
 only a certificate from the proper court is necessary. The person over the guards 
 should see that the visitor is identified as the one named in the permit. * * * 
 
 Art. 304. Persons on trial or condemned for less than three months may have two 
 visits a week; in exceptional circumstances more. * * * Permits must be signed 
 by proper judicial officer, prsetor, or director. 
 
294 MODEEN PRISON SYSTEMS. 
 
 Aet; 305. Convicts in hard labor in cells during the first period may receive one 
 visit a year, and afterwards one each six months. Those in reclusion, once in six 
 months for the first period, and once in three months afterwards; those in detention, 
 once a month; those in arrest, once in fifteen days. * * * For inmates, house 
 rules regulate conversations. 
 
 Art. 306. An interview is not to exceed half an hour. 
 
 AEr. 307. Conversations of prisoners or inmates with visitors are to be held in a 
 room assigned for the purpose, a guard being present. In judicial prisons persons 
 awaiting trial may have a distinct room. Special conversations are permitted, as a 
 rule, once a month. Persons convicted and soon to be transported are granted inter- 
 views with near relatives. Prisoners who are sick may enjoy visits in the infirmary. 
 
 Aet. 308. Prisoners of different classes and sexes may not have visits at same time 
 and place, nor can more than three persons be admitted at once unless they are 
 parents or children. 
 
 Abt. 309. Permissions for interviews are not ordinarily given to persons out of 
 prison less than a year, to those who are under police surveillance, to women of ill 
 fame or who keep brothels. Exceptions are made for father, mother, wife, husband, 
 sons, brothers, sisters, or tutors of a prisoner. Drunken persons, even if they have 
 permits, are excluded. 
 
 Abt. 310. Visitors may not enter an establishment with arms; nor may they bring 
 with them drinks or food, without permission of the director, in case of inmates, 
 and of a court in case of persons awaiting trial. 
 
 Aet. 311. Visitors may not hold conversation in a low voice, or use a dialect or 
 language unintelligible to the guard, or give information which may tend to disturb 
 order and discipline. If the guard hears doubtful or dangerous communications he 
 suspends the conversation and reports to the head guard. The director is informed 
 and takes further steps, informing the court in case of persons awaiting trial. 
 
 Aet. 312. A visitor who violates the rules under articles 310 and 311 is sent out of 
 the establishment and may be refused further admission for such time as the authori- 
 ties think best. 
 
 Aet. 313. When relatives come from a distance, or when the prisoner is very ill, 
 extra visits may be granted, outside the times assigned for regular visits; but visits 
 may not be made before hour for rising, nor after hour for retiring, nor at hour of 
 worship. 
 
 Aet. 314. Persons charged with crime may confer with their counsel under the 
 rules. Guards are present but do not hear what is said. 
 
 Aet. 315. Once a month the director receives from heads of guards the permits for 
 visits and sees that they are regular in form. 
 
 Correspondence.— Aet. 316. — Letters sent and received by prisoners must be 
 approved by the director; those of prisoners on trial by the court. Information of 
 interest to the police is sent to the judge. * * * 
 
 Aet. 317. Persons on trial or under sentence not beyond three months may write 
 one letter each week. Prisoners under longer sentence may not write to their fami- 
 lies the first month of incarceration. Afterwards those condemned to hard labor 
 may write one letter in four months; those in reclusion, one letter in three months, 
 those in detention, once a month; those in arrest, once a fortnight. * * * 
 
 Aet. 318. Prisoners may write only to nearest relatives. * * * 
 
 Aet. 319. Special paper furnished by the establishment must be used, and no more 
 lines can be written than those ruled. * * * 
 
 Aet. 320. The writers must not use improper or unintelligible language, nor dis- 
 cuss prison affairs, but must confine themselves to personal and family matters. 
 
 Art. 321. An exception is made of letters sent by persons on trial to the minister 
 of internal affairs, under-secretary of state, and other high officials, and such letters 
 may be sent sealed. 
 
 Aet. 322. Prisoners and inmates must leave their letters open when sent to these 
 higher officials. * * * 
 
 Aet. 323. Prisoners receive answers to the letters sent to these authorities, when 
 the director is authorized by them. 
 
 Aet. 824. Letters which violate rules are held back and the writers are liable to 
 punishment. 
 
 Aet. 325. Prisoners are not permitted to keep with them writing materials, except 
 those in cells, who may have paper for writing, the paper being numbered consecu- 
 tively and not to be used for letters. Convicts secure permission from the director, 
 and persons on trial from the court. 
 
 Aet. 326. A guard supplies paper and supervises the use of it. Guards write let- 
 ters for the illiterate. Prisoners not in isolation cells write in the school, separated 
 according to classes. 
 
MOBEEN PRISON SYSTEMS. 295 
 
 Aht. 327. Letters written by foreigners in a language other than Itahan must be 
 translated before being sent, except those under article 321. The expense of trans- 
 lation is borne by the prisoner, or exceptionally, by the administration. 
 
 Abt. 328. In extraordinary cases the director may permit a prisoner to telegraph 
 to relatives or write before the regular time. 
 
 Art. 329. The making of public agreements must be in one of the principal offices 
 or, if the prisoner is sick, in the infirmary; always in presence of one who represents 
 the director. 
 
 Aet. 330. Printed matter, books, and parcels directed to prisoners must be passed 
 upon by the director before distribution. Letters and parcels registered are opened 
 by the chief guard in presence of the prisoner. 
 
 SPECIAL ESTABLISHMENTS OP PUNISHMENT: 
 
 Special reg'ulations for intermediate, agricultural, and industrial prisons. — 
 Aet. 452. Admission to an intermediate, agricultural, or industrial prison is granted 
 by the minister of internal affairs on the motion of the council of supervision of the 
 establishment in which the person is serving his sentence. 
 
 Art. 453. To be granted this privilege the prisoner must be serving not less than 
 three years, have served half his term, in no case less than thirty months, and have 
 attained the class of "merit." 
 
 Art. 454. If the prisoner does not continue in good conduct, the permission may 
 be revoked by the minister on the motion of the council of supervision. * * * 
 
 Art. 455. If a prisoner is thus remanded to an ordinary prison, the privilege of 
 applying for a place in an intermediate prison is taken away, and he may be denied 
 the opportunity of conditional liberation. 
 
 Aet. 456. Prisoners in an intermediate prison are divided into two classes^those 
 who have not served two-thirds of their term, and are not eligible for conditional 
 liberation, in the permanent class; and those who are eligible for conditional libera- 
 tion, and have served three-quarters of their terms, in the preparatory class. 
 
 Art. 457. Prisoners in the permanent class have a stripe of green cloth sewed 
 under the number of their matriculation and are authorized: (a) To walk out of 
 rank and to converse in time of exercise; (6) to spend 0.50 lira per day in extra 
 food, and enjoy other benefits and rewards (art. 382). 
 
 Art. 458. Prisoners in the preparatory class wear a stripe of red sewed under the 
 number of matriculation, have extra privileges (art. 382, d), are preferred for work 
 outside, and may write each month to their families, and may receive visits from 
 relatives in a separate room. 
 
 Special regulations for penal establishment "with rigor." — Art. 459. Pris- 
 oners found to be obdurate are transferred by the minister on motion of the council of 
 discipline to a prison of severe type. Prisoners at hard labor may not be thus trans- 
 ferred until they have served the period of cellular confinement, but for severe 
 pmsishment are under the discipline used in the "houses of rigor." 
 
 Art. 460. The "houses of rigor" may include prisoners under diverse penalties, if 
 they are kept apart. 
 
 Art. 461. Prisoners transferred to "houses of rigor" are in three classes: (1) 
 Punishment, (2) trial, (3) rehabilitation. 
 
 Art. 462. In the first class are placed those who have recently arrived, and who 
 remain there until, during six consecutive months, they obtain at least nine-tenths 
 of the maximum number of good marks. In the second class are those who come 
 from the punishment class, and who remain there until, during eight consecutive 
 months, they obtain not less than eight-tenths of the maximum of good marks. In 
 the third class are placed all who come from the class on trial, and for twelve con- 
 secutive months obtain not less than seven-tenths of the maximum of good marks. 
 This period being completed, they are sent back to such ordinary or intermediate 
 prisons as the minister thinks best for them, account being taken of the term of 
 sentence unexpired. 
 
 Art. 463. Prisoners placed in the class of rehabilitation who for a month do not 
 obtain seven-tenths of the maximum good marks are degraded to the class on trial, 
 and can not be returned to the class of rehabilitation until for six consecutive months 
 they have earned the maximum of good marks. 
 
 Aet. 464. The prisoner sent to the class on trial who during one month does not 
 earn eight-tenths of the maximum good marks is degraded to the class of punish- 
 ment, and can not be reinstated in the class on trial until for six consecutive months 
 he earns nine-tenths of the maximum of good marks. 
 
 Aet. 465. The director may keep a man who should be degraded for not having 
 his merits in a class another month on probation. 
 
296 MODERN PRISON SYSTEMS. 
 
 Art 466 In the punishment class the prisoner is subjected to continuous cellular 
 isol^ion requVed to work at special wort without recompense, without visits from 
 outside friends, without correspondence, and without extra food In the class on 
 S the prisoner is also subjected to cellular treatment and labor. A prisoner at hard 
 labor may write one letter in six months; have extra food twice a week not above 
 20 lira each time. Those in seclusion, in respect to letters and extra food, are under 
 the rules applied to those under hard labor during the first period. Those condemned 
 to detention are under the rules applied to those in seclusion during the first period. 
 In the rehabilitation class there is a similar grading of severity. * * * 
 
 Art. 467. The recompense given to those in the class on trial is three-tenths, and 
 in the class of rehabilitation five-tenths of the sum indicated in article 287. 
 
 Art. 468. Prisoners in houses of rigor retain the distinctions of their penal class, 
 but wear sewed under the number of matriculation a black stripe for punishment, a 
 green for those on trial, and a red for those in the rehabilitation class. 
 
 Special rules for judicial asylums for the insane. — Art. 469. Convicts on 
 terms of more than one year afflicted with insanity are sent to special establishments 
 (judicial hospitals for the insane), where they are held for security and care. Trans- 
 fers are made by the minister on advice of the physician of the prison, and the 
 minister may take advice of one or mare alienists. 
 
 Art. 470. Convicts on terms under one year, mentally afflicted, but inoffensive, 
 paralytic, or in temporary delirium, may remain in ordinary establishments when 
 the means of medical care are not lacking and no injury to discipline is caused. In 
 other cases the prisoner may be sent to a judicial asylum or to provincial asylums at 
 the expense of the administration. 
 
 Art. 471. Persona under accusation or absolved from blame, but supposed to be 
 dangerous (art. 46 of Penal Code), may be transferred to a judicial asylum, in a sep- 
 arate section. * * * 
 
 Art. 472. In the same way are treated persons placed under observation for 
 a time. * * * 
 
 Art. 473. Persons on trial may be given the same treatment, by order of the 
 minister. * * » 
 
 Art. 474. A physician, entitled sanitary director, has charge of patients in judicial 
 asylums, but the general administration is under a regular director, as in ordinary 
 prisons. 
 
 Art. 475. The director of a judicial asylum sends to the president of the civil court 
 which gave the order a quarterly report on the health of the inmates mentioned in 
 article 471. Monthly reports are sent to the magistrate. These reports are approved 
 by the sanitary director. 
 Art. 476. The courts may send other physicians to make examinations. * * * 
 Art. 477. Liberation of convicts is made under the rule of article 433, with precau- 
 tions taken for insanity; persons on trial are released by the court which sends them. 
 Art. 478. The sanitary director makes an autopsy when a patient dies in an asy- 
 lum, unless the body is given to a university, and a report is sent to the minister. 
 » « * 
 
 Art. 479. Matters of food, discipline, and labor are regulated by special rules which 
 fix the duties of the sanitary director and the administrative director. 
 
 Art. 480. Once a year, in July, a report is sent by- the directors to the minister, 
 with observations and recommendations. 
 
 Special rules for houses of custody. — Art. 481. The admission of a convicted 
 person to a house of custody is ordered by the minister of internal affairs, on the 
 decree of a court. * * * 
 
 Art. 482. When the council of supervision, on advice of the physician, and infor- 
 mation, believes that the reasons for sending the prisoner to a house of custody have 
 ceased to be valid, it ma.y propose, through its president, to the proper court, that he 
 be transferred to an ordinary prison. 
 
 Art. 483. The minister, on the decree of the court, designates the ordinary prison 
 to which the prisoner is to be sent, account being taken of the period he has vet to 
 serve. The transferred prisoner is not subjected to cellular segregation; he is placed 
 in the third class if he has served one-sixth of his term, in the second class if he has 
 served one-third, in the first class if he has served one-half. * » # 
 
 Art. 484. Disciplinary rules for those in custody: (a) They are kept in special 
 sections, according to the form of penalty; (6) nocturnal separation; (c) are not 
 required to work, but if they do, have four-tenths of product as reward- (d) are not 
 held to the rule of silence and to march in file; (e) milder cell treatment * » *■ 
 (/) in other respects are under the rules of detention. ' 
 
 Art. 485. When the consent of the prisoner is required, the director acts for thp 
 best interest of the person. 
 
MOBEKN PRISON SYSTEMS. 297 
 
 Penal establishments for inebriates. — Art. 486. In ordinary and judicial 
 prisons special sections may be set apart for inebriates, and these are under the rules. 
 
 Workhouses. — Art. 487. Admission to a workhouse is ordered by the minister 
 on a decree of the attorney of the King in the circuit of the condemnation. 
 
 Art. 488. General and internal rules apply to these workhouses. 
 
 Art. 489. A convict who can not be assigned to a workhouse serves his sentence in 
 a judicial prison. 
 
 HOUSES OP CORRECTION. 
 
 Art. 490. Houses of correction for minors are distinguished into those for seclusion 
 and those for detention and arrest. * * * Each house is divided into two sections, 
 one for minors under 16 years, and one for those over this age. 
 
 Art. 491. The ordinary regulations are used except that the hours of labor are 
 reduced to eight; * * * those in the second class may have a visit and write a 
 letter once in two months; those in the third class once a month; to civil and moral 
 instruction is added industrial or agricultural instruction. * * * Those in the 
 second class have one and one-half hours exercise, and those in the third class two 
 hours. Military and gymnastic exercises may be substituted. Savings-bank books 
 may be added to the ordinary rewards. * * * The rewards for labor are reduced. 
 * * * The sums which may be spent for luxuries may not exceed 0.10 lira per 
 day in the first class; 0.20 lira in the second; 0.30 lira in the third * * * with 
 exceptions. 
 
 Art. 492. A fourth class for those in seclusion is added; those who are able to pass 
 to an intermediate prison. * * * 
 
 Art. 493. At 21 years of age minors may be sent to an ordinary prison, and to a 
 class corresponding to their conduct record. 
 
 hepormatoeies. 
 
 Art. 494. The minister of internal affairs may assign a minor to a reformatory, 
 public or private, or to an honest family on decree of a court. * * * 
 
 Art. 495. The director, with consent of the council of local discipline and the 
 authority of the minister, may secure the release of minors from institutions of cor- 
 rectional education or families. * * * 
 
 Art. 496. Special agreements are made with directors and with families in respect 
 to the regulation of correspondence and treatment of inmates. 
 
 Art. 497. Internal regulations of reformatories are sent to the minister for approval. 
 These rules govern such matters as exercise, conversations, writing, food, rewards, 
 etc., with the following principles as a basis: (a) To keep the classes of minors sepa- 
 rate; (6) to inculcate lessons of order, discipline, and respect for superiors; (c) to 
 make neatness of person and propriety of language habitual; (d) to enforce supervi- 
 sion without making it odious and suspicious; (e) to require of inmates suitable to 
 their age, family position, antecedents, future; (/) to encourage industrial training, 
 giving rewards for production; (g) to impart civil, moral, religious, and industrial 
 instruction so as to prepare them for their proper place in society; (h) to punish 
 those who trespass and reward the meritorious, so as to evidence benevolent purpose 
 to raise the moral sentiments and to form character. 
 
 Art. 498. The same principles apply to private establishmenta for correctional 
 education. 
 
 Disciplinary Measures. 
 
 Punishments.— (See under "Reception of prisoners" and "Rules of conduct" 
 for other particulars. )— Art. 332. Punishments which may be inflicted on prisoners 
 are: (a) Admonition, orally made by the director in presence of an oflBcer or of a 
 chief guard- (6) ordinary cell, one to twenty days and one noint of demerit per day 
 foraconvict- (c) ordinary cell, bread and water diet five to fifteen days and two points 
 demerit per day for the convict; (d) punishment cell, bread and water diet five to 
 fifteen days and three points demerit per day; (e) punishment cell, on bread and 
 water fifteen to thirtv days with strait-jacket and four demerit points per day; (/) 
 dark cell, bread and water diet five to twenty days, strait-jacket and irons, a,nd five 
 demerit points per day; (g) solitary cell, two to six months and two points demerit 
 
 Art 333. For minors under 18 years of age the punishments are milder, the time 
 being shortened and the more severe penalties being reduced. * * * 
 
 Art. 334. Where a bread and water diet is part of the punishment for over three 
 days the prisoner is given ordinary food on Thursday and Sunday, and on the other 
 days a quarter of the supplementary ration of bread. 
 
298 MODERN PBISON SYSTEMS. 
 
 Art. 335. Punishments of article 332, letters (d), (e), (/) are accompanied with 
 deprivation of ordinary bed, with a bench and cover as substitute. The surgeon 
 may request additional covers. 
 
 Abt. 336. The strait-jacket is applied two days out of three, but the prisoner is freed 
 from it at meals and when he satisfies the needs of nature. 
 
 Art. 337. Irons are applied to hands or feet, or both, according to the gravity of 
 the offense and the disposition of the prisoner; but in the latter case the punishment 
 shall not exceed ten hours a day, and the prisoner is released as indicated in pre- 
 ceding article. 
 
 Aet. 338. The isolation-cell punishment is always made severe by bread and water 
 diet one day in three. 
 
 Art. 339. Prisoners punished with cellular treatment are forbidden to receive visits, 
 to write, to take walks. Prisoners in isolation may, after the first month, walk an 
 hour a day in the court. 
 
 Art. 340. Prisoners punished in a cell may be set to work, but can not have tools 
 which may be made dangerous weapons. 
 
 Art. 341. Women and minors under 18 years are punished with the strait-jacket 
 only when they are violent and can not otherwise be controlled. 
 
 Art. 342. A prisoner who is ill during a punishment receives treatment by the 
 physician, but as soon as cured must go back to his punishment. 
 
 Art. 343. A person on trial who, after having endured a punishment under article 
 332, letter (g), commits another offense within three months, besides the regular 
 penalty is put on bread and water diet. 
 
 Art. 344. A convicted person in similar position is subjected to the same aggrava- 
 tion of penalty, and may be transferred to a penal establishment with more rigorous 
 rules (article 459ft). 
 
 Art. 345. Penalties of article 332, letters (a), (6), (c), (d) , (e) , (/), for a period not 
 exceeding ten days, are imposed by the director. The others are imposed by the 
 council of local discipline. Before being punished the prisoner is heard in defense. 
 
 Art. 346. The local council of discipline is composed of the director, the oflScial 
 next him in rank, the chaplain, and the physician. * * » 
 
 Art. 347. This council must be called within twenty-four hours of the commission 
 of an offense, and the director is president; three make a quorum; a majority vote 
 decides, and the president gives a casting vote when there is a tie. The director 
 appoints a secretary. Conclusions are communicated to the minister of internal 
 affairs once in three months. 
 
 Art. 348. A prisoner is counted a recidivist when, having been punished he com- 
 mits another offense within three months, if it is a lighter offense, or six months if 
 more grave. * * * 
 
 Art. 349. In case of second or third repetition of violations indicated in article 
 360, should not be less than two-thirds for the first case and the maximum for the 
 others. 
 
 Art. 350. Convicts declared recidivists under the Penal Code should never be dis- 
 ciplined with the milder disciplinary penalties. 
 
 Art. 351. Persons awaiting trial are punished for infractions of rules by order of 
 the court; convicted prisoners by the director or council. 
 
 Art. 352. The director or council may suspend sentence to a disciplinary penalty 
 in case of non-recidivists. The punishment may take its course, on order of the 
 director alone, if there is another offense, however slight, within three months. 
 When the punishment is suspended, the demerit points are charged to the convict. 
 When the punishrnent is diminished in consequence of suspension, the demerit points 
 are canceled in the same ratio. 
 
 Art. 353. A milder punishment than the one ordered in the rules may be ordered 
 for first offenders and prisoners who voluntarily confess their offense. 
 
 Art. 354. Punishments under article 332, letters (e), (/), (g), are made known to 
 other prisoners. Eecord is made of all punishments. 
 
 Art. 355. Punishments of persons on trial (art. 332, c, d, e,f, g', and art. 343) are 
 made known to the court. 
 
 Art. 356. Declaration of crime to a court does not arrest the disciplinary action of 
 the administration. 
 
 Art. 357. In case of invalids and women soon to become mothers, the physician 
 must be consulted before penalty is inflicted. Violations of rules not provided for 
 are punished according to their gravity, according to principles implied in articles 
 359, 360, 361, 362, and 363. 
 
 Art. 358. In urgent cases, the chief guard may restrain a prisoner for grave offense, 
 reporting to the director. 
 
 Art. 359. Admonition is a measure used in case of delay to obey an order, neg- 
 
MODEEN PRISON SYSTEMS. 299 
 
 lecting cleanliness of person or place assigned, lack of attention in school, irreverent 
 actions at worship, breaking the rule of silence, leaving a post assigned before the 
 signal, without permission. 
 
 Art. 360. The penalty of confinement in ordinary cell, deprivation of extra food, 
 aad one demerit is inflicted for repetitions of bffenses of preceding article, for viola- 
 tions with aggravating circumstances, and for the following oftengej: Injury to prop- 
 erty by negligence; habitual negligence of work; doing work not ordered; having in 
 possession paper, food, cigars, or forbidden articles; complaining or making improper 
 remarks; tearing the hook for accounts, altering the record of conduct and the copy 
 of regulations in the cell; wasting, trading, or giving articles or food; attempt to do 
 any wrong act in visits or correspondence; obscenity or profanity. 
 
 Art. 361. The penalty of ordinary cell, with bread and water diet, is for a second 
 repetition of acts named in article 359; for repetitions of offenses named in article 
 360, and for trade in food and other articles; noises, cries, and forbidden communi- 
 cations; gambling and drunkenness; leaving the bed or place assigned at night; 
 malicious injury to furniture; refusal to work or attend school; simulation of sick- 
 ness; mocking at comrades; disrespect for ofiicers; writing lies or using improper 
 language in writing to the director. 
 
 Art. 362. Punishment cell, with bread and water diet, is inflicted for repeated 
 violations of rules in articles 359 and 360, for first repetition of article 361, and for 
 offenses of a more serious nature; altering books to gain credits, disobeying officers, 
 possessing prohibited articles, attempting escape without violence, insolence, mak- 
 ing unfounded complaints or demands. 
 
 Akt. 363. The punishment cell, bread and water diet and strait-jacket, for more 
 frequent repetitions of certain offenses and for these acts; attempts at escape with 
 violence; attempts at mutiny and sedition; threats and assaults on officers; striking 
 companions; obscene actions; writing calumnious assertions (see art. 321). 
 
 Art. 364. The dark cell is penalty for refusing to submit to a punishment, insult 
 and violence against a guard, grave disorder. 
 
 Art. 365. The cell of isolation for grave repetitions of serious offenses and for 
 obstinate refusal to submit to the discipline of the establishment. 
 
 Classification of convicted prisoners in ordinary penal establishments. — 
 Art. 366. The convict who enters a penal establishment is subjected to the r^ime 
 of continuous cellular segregation, if he is condemned to hard labor or seclusion; and 
 to nocturnal cellular segregation iJE under sentence to detention or arrest. When the 
 period of cellular segregation is ended according to the Penal Code, the prisoner 
 sentenced to hard labor or seclusion passes to the rule of nocturnal cellular segre- 
 gation. 
 
 Art. 367. During the period of nocturnal cellular segregation convicts are divided 
 into three (3) classes; the first, the class on trial; the second, the ordinary; the third, 
 the class of merit; and they may be promoted from one class to another, according to 
 the length of sentence and the points of merit they have attained by labor and con- 
 duct. A badge is used to distinguish the classes: Yellow for the first, green for the 
 second, white for the third. 
 
 Art. 368. The promotions are made by the council of discipline. * * * 
 
 Art. 369. Each convict may gain 60 good points a month for labor and 40 for con- 
 duct. A demerit annuls a merit. * * * 
 
 Art. 370. The assignment of points of merit is based on an examination of the 
 records of the chief farmer, heads of industries, chaplain, physician, head guards, 
 register of punishments, information expressly requested by the council. 
 
 Art. 371. The records of officers simply contain facts which indicate merit. 
 
 Art. 372. From these monthly notes the council computes the credits, and the 
 notes are preservedin the office for further examination. * * * 
 
 Art. 373. In the absence of praise or blame, a prisoner is usually credited 30 merits 
 for labor and 20 for conduct. 
 
 Art. 374. In counting credits for labor, the days of sickness, convalescence, and 
 involuntary idleness are not considered, provided they do not exceed half the month. 
 
 Art. 375. The credits are copied upon a card of moral conduct, which the prisoner 
 carries with him. 
 
 Art. 376. The prisoner may have a hearing before the council m respect to his 
 C!r6dit)s 
 
 Art. 377. The president of the council carries out its decision and notifies the 
 prisoners of their merits and demerits. 
 
 Art. 378. Convicts in the class "on trial" remain there, if the term is limited, for 
 a period equal to one-sixth of its duration, exclusive of the period of continuous 
 cellular isolation, but not less than six months; and for eight years, if the sentence 
 is to hard labor. At the end of this term they are promoted to the ' ' ordinary ' ' class, 
 if they have certain merit points during six months. * * * To the "merit" class 
 
300 • MODEEH PEISON SYSTEMS. 
 
 are promoted those who, being inscribed in the "ordinary" class, obtain for six 
 months, on an average, seventh-tenths of the maximum of merits. 
 
 Akt. 379. For recidivists in crimes indicated in articles 364 to 368, 404, 406 to 410 
 of the Penal Code, and for recidivists taken the second time in any crime, if con- 
 demned to a term over five years, the period in the classes ' ' on trial ' ' and ' ' ordinary ' ' 
 is increased one-half. 
 
 Abt. 380. Convicts inscribed in the "ordinary" class who do not obtain in six 
 consecutive months seven-tenths of the maximum number of merits are reduced to 
 the class "on trial," and may not be promoted if in six consecutive months they fail 
 to reach eight-tenths of the maximum. The same rule applies to promotion from 
 the "ordinary" to the "merit" class and to reduction of rank. 
 
 Art. 381. Reduction in class occurs without action of the council of discipline when 
 a convict has lost with ])unishment merit points necessary to hold his place. 
 
 Rewards. — Art. 382. The following rewards may be granted in an ordinary penal 
 establishment: (a) Praise by the director in presence of an officer; (6) permission to 
 have books; (c) permission to send money to his family or to the party wronged, 
 out of any fund he may have (art. 519) ; {d) gift of paper and postage, once in three 
 months, for letters; (e) light for longer time in cell or room; (/) admission o£ convict 
 to school of civil or industrial instruction; {g) permission to write longer and more 
 frequent letters to the family, not to exceed double that permitted in article 317; 
 (h) longer time for walk and rest; (i) longer visits from family, in a reserved room; 
 (j) increase of tenth in reward; (k) special recommendation to soci 'ty of patronage; 
 (/) recommendation to grace of the sovereign. 
 
 Akt. 383. The concessions of reward (a), (6), (c), and (d) are made in the discre- 
 tion of the director, and may be made during the period of cellular isolation, and to 
 those in the class on trial. Rewards (e), (/), and (g) are given by the director to 
 prisoners in the ordinary class. Rewards (h), (i), {j), {k), and (1) are given by the 
 council of discipline only to prisoners in the class of merit. 
 
 AitT. 384. Under the rules there is a publication of the rewards. 
 
 Art. 385. Convicts in the merit class may apply for conditional liberation (art. 16 
 of Penal Code). 
 
 Art. 386. Increase of one-tenth of reward (art. 382, I) is given to a convict who 
 has obtained a maximum of merits in one year. If for two months he falls below 
 the maximum, he loses the increase, and to attain it again must gain the maximum 
 for six months. 
 
 Art. 387. No convict on a limited term can be recommended to sovereign grace 
 until he has served two-thirds of his term and has gained the merit class (Art. 380) 
 or that of preparation (art. 456). Those condemned to hard labor must serve twenty 
 years and attain to the merit class. 
 
 Art. 388. Convicts who have shown great courage or rendered special service to 
 the administration may have exceptional grace. 
 
 Art. 389. Proposals for action of grace are made by the council of discipline 
 through the director to the minister of internal affairs in May of each year, or, excep- 
 tionally, at special times. Announcements of acts of grace are made by the director 
 to prisoners. 
 
 Art. 390. Special rules provide for rewards to inmates. 
 
 Special arrangement for judicial prisons. — Art. 391. Prisoners on terms 
 shorter than six months are not required to wear prison garb, except for reasons of 
 cleanliness and health. * * * Prisoners under the officers of public security are 
 treated as prisoners on trial. * * * Special arrangements for sailors arrested by 
 order of consuls. * * * 
 
 Art. 392. Prisoners in transit are under the rules of the class to which they belong. 
 
 Industry. 
 [See further particulars above, under " Organization and Administration."] 
 
 Art. 276. Persons convicted of crime are required to labor. This requirement may 
 be extended to persons awaiting trial unless they provide for their own expenses of 
 maintenance. In reformatories all must work under rules special to these establish- 
 ments. Ordinarily labor on holidays is optional. 
 
 Art. 277. Persons awaiting trial may, under certain conditions, with the consent 
 of the court, work on their own account, being required to pay part of the product 
 (Art. 285) . 
 
 Art. 278. Prisoners and inmates are not permitted to receive commissions for work 
 except through the director or other superior officer. * * * 
 
 Art. 279. Convicts of exemplary conduct who have served half their sentence 
 may be detailed for domestic service in the establishment. Those condemned to 
 
MODERN PEISON SYSTEMS. 301 
 
 hard labor can not be set to such work unless they have already served twenty 
 years. Ordinarily pert Dns convicted of theft or offenses against morality, or who 
 have violated certain rules (art. 361), may not be assigned to these tasks. If a per- 
 son thus assigned breaks the rules, he is punished, loses his position, and, in extreme 
 cases, may not be reappointed. 
 
 Art. 280. In assigning work, the previous occupations of persons condemned to 
 bard labor and seclusion will be taken into account. Persons condemned to deten- 
 tion or arrest may choose among the industries carried on in the establishment, 
 unless there is some disciplinary objection; but the branch of labor chosen no change 
 can be made without consent of the director and for grave reasons. 
 
 Art. 281. A prisoner who followed a trade not used in the prison may be assigned 
 to a similar work, but those who, having served an apprenticeship, show themselves 
 unlit are passed on to other labor by order of the director, in con.Multation with the 
 former or some superintendent. It is not permitted to a prisoner to work at a trade 
 which he abused by his crime, except when he gains position in the class of merit or 
 is placed in an intermediate prison. 
 
 Art. 282. The apprenticeship should not usually be less than one month, and this 
 is exceeded when the convict has not fully learned the process; but in no case should 
 the period be over six months. Prisoners who have elsewhere learned a trade are 
 not to be put in apprenticeship again. 
 
 Art. 283. The director may order transfers to labor with recompense, upon recom- 
 mendation of superintendents. 
 
 Art. 284. The rates of payment for hand work of prisoners should be different for 
 each shop, and should be posted in shops, cells, and domitories. 
 
 Art. 285. Out of the product of labor of persons awaiting trial, 10 per cent is taken 
 for direction and the rest is divided, one third to the State and two-thirds to the 
 workmen. The one-third which goQs to the State is restored to the person if he is 
 acquitted. Persons convicted, who have made appeal to other courts, are subject to 
 article 287, and the part taken by the State is restored to them if they are acquitted. 
 
 Art. 286. Prisoners who have learned a trade process are allowed a reward for 
 their labor. 
 
 Art. 287. The product is divided into ten parts: (a) Three-tenths are paid to one 
 condemned to hard labor; (b) four-tenths to one sentenced to seclusion; (c) five- 
 tenths to one in detention; (d) six-tenths to one under arrest. The other tenths go 
 to the State. 
 
 Art. 288. When contractors wish to pay extra rewards for exceptional services, the 
 permission of the minister of internal affairs must be obtained. Credit for these gains 
 and expenditure for extra food or gifts to family are under rules of the establishment. 
 
 Art. 289. Prisoners are responsible for injury to tools and waste of materials, 
 whether due to negligence or malice. * * * 
 
 Art. 290. In every workshop or cell must be posted a list of articles intrusted to 
 the prisoners, those being indicated which must be taken away in the evening. 
 
 Care op Health. 
 
 General regulations. — Art. 503. Food, furniture, clothing, and whatever is 
 necessary for cleanliness and health of prisoners and inmates of reformatories are 
 provided by the State. 
 
 Art. '504. All property is intrusted to the care and responsibility of the director 
 and accountants, whether from contractors or for use of the institution. 
 
 Art. 505. When philanthropic associations offer help to prisoners they must act 
 under the regulations. 
 
 Food. — Art. 506. Four classes of food are distinguished: Ordinary diet for pris- 
 oners, sick diet, extra food, diet for reformatories. 
 
 Art. 507. Hours and modes of distribution are fixed by house rules. 
 
 Art. 508. The director may not make changes in the diet without consent of the 
 minister. 
 
 Art. 509. No food can be given to prisoners by families, charitable persons, con- 
 tractors, or others, except as provided for in the regulations. 
 
 Art. 510. Women with child or giving suck may receive extra diet on order of 
 the physician. Special diet may be given to infants with their mothers, and minors. 
 
 Art. 511. Supplementary rations of bread and soup may be given to other prisoners 
 when the physician declares it to be necessary. * * * 
 
 Art. 512. Brefad, soup, and other eatables left over may be given to prisoners who 
 
 request it. * * * . j ■ ^^ j , , 
 
 Art. 513. Prisoners must eat and drink m places designated for the purpose. 
 Art! 514. Persons on trial may procure food from outside at their own expense. 
 
302 MODEBN PRISON SYSTEMS. 
 
 Akt. 515. Food given daily to persons on trial should be restricted, as a rule, to 
 bread at discretion, soup, two dishes of cooked meat, fish, etc., cheese, fmit, conee, 
 a liter of wine for an adult, or half a liter for a woman, or a mmor under lour- 
 teen. * * * _. . 
 
 Art. 516. The same diet is given to convicts with sentence not exceedmg six 
 months. * * * 
 
 Aet. 517. Prisoners on trial may receive food from outside, but may not give or 
 sell to other prisoners of their share of the legal diet. * * * 
 
 Art.. 518. Maximum diet of persons on trial and prisoners regulated by house 
 rules and by article 515. * * * 
 
 Art. 519. Before they can spend money, prisoners must have credits: (a) Convicts 
 in arrest, at least 10 lire; (6) under detention, 20 lire; (c) in seclusion, 30 lire; (rf) in 
 hard labor, 40 lire. Of women, half as much is required. 
 
 Art. 520. Convicts are permitted to spend for extra food not more than eight- 
 tenths of the credit of previous months — ^from 0.20 lira to 0.50 lira in a day. Those 
 whose work is hard may have more. * * * 
 
 Art. 521. Prisoners who have no chance to earn a fund, if of good conduct, may 
 have extra food to the value of 0.15 to 0.40 lira. 
 
 Art. 522. The use of liquors and spirits is absolutely forbidden. 
 Art. 523. There should be a store for the distribution under the following rules: 
 Art. 524. Guards go around each day to receive requests of prisoners. These 
 requests are examined by the chief guard and passed upon by the director after the 
 accounts are compared. * * * 
 
 Art. 525. Quality, quantity, and prices are posted in a list. Prices may not exceed 
 those of the market. 
 Art. 526. The extra food is distributed after inspection by a guard. 
 Art. 527. Sellers of food are not to have access to prisoners. Distribution is made 
 by guards, who transmit complaints or requests to the chief guard, by whom they 
 go to the director. 
 
 Service of the infirmary. — Art. 528. Prisoners in isolation are treated, if possi- 
 ble, in their cells; others in their rooms. Those more seriously ill, or living in com- 
 munity on order of the physician, are treated in the infirmary. 
 
 Art. 529. Transfer to the infirmary is authorized by the director; but persons on 
 trial are transferred by the court. The approval of the physician is required. * * * 
 Art. 530. If a judicial prison has no facilities for treatment a person may be trans- 
 ferred to the infirmary of another prison or to a civil hospital. * * * " 
 
 Art. 531. Infirmaries are to provide for isolation of contagious diseases and all 
 suitable furniture, bedding, and appliances, with a supply of simple remedies for 
 emergencies. ' ' 
 Art. 532. The list of remedies is ordinarily fixed by regulations. 
 Art. 533. Articles for the infirmary are marked to distinguish them from those 
 used by the sound prisoners. 
 Art. 534. Undergarments are provided for the sick. 
 
 Art. 535. The bed on which a person dies must be thoroughly cleaned and disin- 
 fected. Mattresses and pillows must be thoroughly cleaned at least once a year. 
 Linen used by persons with skin diseases must be kept apart. 
 
 Art. 536. On the bed of each patient is a card with a record of his medicines and 
 treatment. 
 
 Art. 537. No food or drink beyond the dietary is permitted without instructions of 
 the physician. 
 Art. 538. Prisoners may be employed to help nurse the sick. * « * 
 Art. 539. Guards assigned to the infirmary have charge of furniture, bedding, and 
 wash goods, and supervise prisoners who act as nurses. 
 Art. 540. Convalescent prisoners return to the ordinary work and food. 
 Art. 541. When a prisoner is dangerously ill the director sends information to the 
 court. 
 
 Art. 542. A mortuary room must be provided in each prison, and bodies of the 
 dead kept there for autopsy. The body can not be taken away until the physician 
 certifies decease. 
 Art. 543. An autopsy is made according to law. 
 
 Art. 644. A report of the results of the autopsy, signed by the physician is kent 
 by the director. ' ^l^ 
 
 Clothing- and furniture.— Art. 545. Clothing and furniture for DriHnn»,.= « 
 
 marked and can not exceed those authorized by the rules. * » * ^ '=uuera are 
 
 Art. 546. These articles are distributed to prisoners who are not Drovirl«>^ tu 
 
 their own, and to inmates of judicial prisons. * * * Prisoners serving Wr3f 
 
 more than six months are required to wear the prison uniform. ° terms ol 
 
MODERN PKISOlir SYSTEMS. 303 
 
 Art. 547. Prisoners are responsible for the care of all articles used, and must pay 
 for injuries which result from malice or neglect. * * * 
 
 Art. 548. Prisoners may buy from their funds or credits necessary plain under- 
 clothing. * * * 
 
 Payment for cells. — Art. 549; In each judicial prison there are cells, furnished 
 with special care, which persons on trial may occupy for a monthly payment. The 
 occupants must keep them in good order, and are under the rules of discipline. 
 
 Lighting'. — Art. 550. The director decides what places must be lighted during the 
 night. No place where there is more than one prisoner and no infirmary shall be 
 without light necessary for supervision. 
 
 Art. 551. A regular rate is charged prisoners for lighting. * * * 
 
 Heating. — Art. 552. The director determines what places are to be heated and 
 provides means. 
 
 Cleanliness and health.. — Art. 553. The domestic service, aside from that in the 
 rooms of officers, is done by prisoners or inmates, under supervision of guards, and 
 these persons must belong to the class which is living in common during the day. 
 They wear the uniform of the prison. 
 
 Art. 554. Walls must be whitewashed, plaster renewed, woodwork varnished or 
 painted as often aa required for good keeping. * * * 
 
 Art. 555. Corridors, cells, dormitories, etc., are swept daily and pavements 
 scoured frequently. 
 
 .^RT. 556. Doors and windows must be opened while prisoners are out of their 
 rooms for ventilation, unless there are reasons to the contrary. * * * 
 
 Art. 557. All these services of health and cleanliness are intrusted to the chief 
 guard or sister, and the director is to be informed when measures are needed to 
 improve the conditions. 
 
 Art. 558. The boilers, saucepans, and other vessels of brass should be constantly 
 kept in repair and cleaned, and all vessels for water should be ready for service. 
 The responsibility for this care is with the head guards or sister. 
 
 Art. 559. In addition to the ordinary washing prescribed in article 227, prisoners 
 must in the summer take baths in turn and wash the feet at least once in two weeks. 
 
 Art. 560. Convicts who have more than three months to serve must shave once a 
 week and cut the hafr once a month. Persons on trial are treated by order of the 
 court, according to circumstances. Prisoners about to be released may let beard and 
 hair grow the' last two months of imprisonment. 
 
 Art. 561. Sheets must be changed every fortnight in summer and each month in 
 winter. * * * For laundry articles the director makes rules. The straw of 
 mattresses must be changed every three months, or more frequently if necessary. 
 Where vegetable fiber or leaves of corn are used the mattresses must be made over 
 annually and the contents made fresh as required. Where wool is used for cots it 
 must be beaten and picked over once a year and washed when necessary. In all 
 cases the covers must be washed at least once a year and at any time when neces- 
 sary. * * * Other articles are changed and cleaned at set intervals. * * * 
 
 Art. 562. Clothing used by a prisoner must be cleaned before it is given to another. 
 
 Art. 563. Bedding must be boiled and exposed frequently to the air, especially at 
 beginning and end of summer. 
 
 Art. 564. The director, through the chief guards, is required to make inspections 
 at unexpected times, and see that these regulations are carried out and record is 
 made. * * * 
 
 Art. 565. Washing and repairing, unless done by female prisoners, must be done, 
 if possible, by convicts. Other service of cleansing and repairs and whitewashing 
 must be done by convicts. . , ., , . 
 
 Births and deaths. — Art. 404. When a woman gives birth to a child m a prison 
 the director transmits, within twenty-four hours, a declaration of the fact to the 
 proper officials, or to the court, if the woman is on trial. Measures are taken to 
 send the infant to the' family or a suitable institution, unless it is thought better, 
 especially when the term is short, to leave the infant with the mother. 
 
 Art. 405. In case of a death the chief guard gives immediate notice to the civd 
 authorities, and the director sees that a record is made and the court informed. At 
 the same time the property of the deceased is inventoried and his account settled. 
 A copy of the former is sent to the officials of the commune of residence, and the 
 family is notified. In case the deceased is a stranger, the notifications go to the office 
 of the minister of grace and justice. ,, ., .-, 
 
 Art. 406. The residue of the funds of a prisoner, after expenses of burial are paid, 
 go to the treasury of the society of patronage. 
 
 Art 407. The burial of prisoners is always like that of a pauper. The expenses 
 are paid out of his funds, and if he had none, by the commune. The bodies of con- 
 
304 MODERN PBISON SYSTEMS. 
 
 victs in penal institutions are given for study to the university of the Kingdom under 
 rules of the ministry. 
 
 Akt. 408. The chaplain, on the day of the funeral, or at the first assembly there- 
 after, gives notice to his comrades and urges suitable admonitions. 
 
 Ajrt. 409. The property of the deceased prisoner, after expenses of burial are paid, 
 is given to the legal heirs upon presentation of proper documents. If no heirs present 
 themselves within six months the articles are sold and the proceeds paid into the 
 treasury of the administration. * * » if the articles are perishable they may be 
 sold at once. 
 
 Education. 
 
 School. — Art. 398. Civil instruction is obligatory in penal establishments for pris- 
 oners under 25 years, and in all correctional and reformatory establishments. Con- 
 victs of a higher age may be admitted as a reward for good conduct (art. 382,/). 
 Persons on trial, under 20 years, may have civil instruction by consent of court. 
 Recidivists and prisoners of vicious conduct are excluded. The director decides 
 when prisoners shall cease to attend school. 
 
 Art. 399. The prison and reformatory schools follow the programme of the ele- 
 mentary schools of the Kingdom. 
 
 Circulating^ library. — Akt. 400. In every penal and reformatory establishment 
 is placed a library where books, chosen from a list approved by the minister of inter- 
 nal affairs, are at the disposition of prisoners. No other publications can be used by 
 prisoners without permission of the director, or, in case of persons on trial, by the 
 court. 
 
 Art. 401. Prisoners may read at the time given for recreation, holidays, and 
 evenings. 
 
 Art. 402. The chaplain is responsible for the care of the books and for accounts 
 of their circulation. 
 
 Art. 403. Prisoners must repay cost of books damaged by them. 
 
 Moral and religious arrangements. — Akt. 393. The prisoner who declares on 
 admission that he belongs to the religious confession of the State shall observe the 
 common and collective practices. A prisoner who seeks to bring pressure to bear on 
 the conscience of another prisoner shall be severely punished. 
 
 Art. 394. A convict who wishes to change his confession makes application in 
 writing, with reasons, to the director, who sends the statement to the minister for 
 further disposition. 
 
 Art. 395. Minors under 20 years must follow the religious confession in which 
 they were born. 
 
 Art. 396. Prisoners in chapel are divided in disciplinary classes, and those serving 
 in continuous cellular isolation do not attend chapel. 
 
 Art. 397. Prisoners who are non-Catholic remain in their cells and may receive 
 the ministrations of pastors of their faith. 
 
 Escapes.— Art. 430. When a prisoner escapes the director takes measures for 
 hiB apprehension and telegraphs the fact to the bureau of public security, the prefect 
 the procurator of the King, and to the minister. * * * Further details are 
 reported in writing * * * and the defect in management must be discovered. 
 
 Art. 431. Funds audited to the escaping prisoner are forfeited to the society of 
 patronage, unless the prisoner surrenders himself within twenty-four hours. 
 
 Care op Discharged Prisoners. 
 
 Art. 432. The courts give order for discharge of prisoners not convicted and of 
 those who have served their sentences in judicial prisons. 
 
 Art. 433. Prisoners whose terms are under five years are discharged by the 
 director and notice is sent to the minister of internal affairs. Those whose sentences 
 are over five j'ears are reported to the minister one month before the end of the 
 term and certificate is sent for release. 
 
 Art. 434. Sentences not less than a month terminate in the forenoon of the last 
 day. For shorter sentences the term expires at the hour of committal. 
 
 Art. 435. A sick prisoner is retained unless he refusal to be held. Notice is sent 
 to minister or court. 
 
 Art. 436. The expenses of further board of a sick man are borne by the poor relief 
 funds of his place of residence; if he has no funds to his credit or his famUy does 
 not pay, the rate is 1 lira per day. •'^ 
 
MODERN PRISON SYSTEMS. 305 
 
 Aet. 437. If the physician certifies that the prisoner may be removed ne is taken 
 to the nearest hospital, and the expense of his care is a charge on the poor relief fund. 
 
 Aet. 438. Four months before time of discharge the minister is notified of the 
 place chosen by the prisoner for his residence. * * * The director informs the 
 officers of public safety in this place fifteen days before discharge. * * * 
 
 Art. 439. When an order is received for instant discharge, the director executes 
 it, seeing that a telegram is repeated. Notice is sent to the officers of public safety. 
 
 Art. 440. If the prisoner belongs to army or marine, notice is sent to his superiors. 
 
 Akt. 441. In case of minors, previous notice is sent to parents, guardians, or 
 society of patronage. 
 
 Art. 442. A prisoner is to be kept isolated for ten days before his discharge. During 
 this period the director, chaplain, or sisters are to visit the prisoner and exhort him 
 to make good use of his liberty. 
 
 Art. 443. The prisoner at discharge receives his account of funds and articles of 
 clothing, etc., which belong to him, and signs a receipt, or makes a mark before 
 witnesses. If he refuses to receipt, a statement is recorded. Money is sent to the 
 syndic of his place of domicile, and he is required to make good any damage to 
 furniture lent him in the prison. 
 
 Art. 444. If the clothing of the prisoner has been sold, or is insufficient, the 
 administration supplies proper clothing at his expense. He must have 30 lire left, 
 and if there is not enough to his credit, something is taken from funds destined for 
 the society of patronage. 
 
 Art. 445. The cost of clothing, when the prisoner pays, shall not exceed 30 lire, 
 or 50 lire if after other expenses the fund remains 200 lire. When the administra- 
 tion pays all or part, the cost mu^ not exceed 20 lire.a When the prisoner has 
 only 30 lire he is assisted. 
 
 Art. 446. The prisoner may demand a certificate of conduct. 
 
 Art. 447. A prisoner conditionally released has the same rights as one who has 
 served full sentence. * * * 
 
 SOCIETY FOR AIDING PRISONERS. 
 
 Art. 29. In the communes, districts, and provinces of the Kingdom there is intrusted 
 to the initiative of private citizens the maintenance of a society for aiding prisoners, 
 whose mission it is to interest themselves in those who are in the ways of crime, and 
 to aid them by counsel and effort to honesty and industry. 
 
 Art. 30. The activity of a society for aiding prisoners is extended to all convicts 
 when, at least six months before their liberation, a request is made to the director of 
 the establishment, and to minors in the house of correction and education, under 
 conditions fixed by the various regulations. The society also should (a) become 
 interested in minors who have no family, or whose families are not in a position to 
 care for them, or are the cause of their perversity; (6) to put themselves, on occasion, 
 in communication with the authority of public security to obtain for convicts restored 
 to Uberty a restriction of surveillance provided in article 119 of the law on public 
 security (June 30, 1889) [for prisoners of good conduct and vouched for by the society 
 for aidmg prisoners]. 
 
 Art. 31. Rules for the action of the society are to be approved by the minister of 
 the interior. * * * 
 
 Art. 32. Six months before the day of liberation of a convict, who has made a 
 request to be placed under the care of the society for aiding prisoners, the president 
 designates a member who is to care for him, and from that moment he is permitted 
 to communicate with and visit frequently the person to be liberated, so that he may 
 become acquainted with his condition. Where a reformed person is concerned, the 
 necessary agreement is made between the director of the institution and the presi- 
 dent of the society. 
 
 Art. 33. In order to intrust to the society a minor, the directing authority must 
 take the necessary steps to obtain the consent of the parents or of their representa- 
 tives, and in cases of special importance, appeal to the superior authority or even to 
 the minister for the proper instructions. 
 
 Art. 34. Protection is taken away from everyone who has proved unworthy of its 
 benefits. 
 
 Art. 35. Where a society opens an asylum or offers employment to those under 
 its protection, organizes special agencies to give discharged prisoners information 
 about employment; assists the family of a convict (art. 21 of Penal Code), the central 
 administration, with advice of the council of prisons, may grant a subsidy. * * * 
 
 a A lira is about 20 cents. 
 
 H, Doc. 452 20 
 
306 MODERN PBISON SYSTEMS. 
 
 Art. 36. Minors in an institution of continual education, who are placed in charge 
 of a society, may be granted liberation under conditions required by this regulation. 
 In case of need the president of the society, in concert with the director of the 
 reformatory, requests the president of the civil tribunal to issue the order. This 
 liberation is revoked for bad conduct of the minor on a request made by the presi- 
 dent of the society to the judicial authority who had granted it, and he gives order 
 for the return of the minor to the reformatory. 
 
 Aht. 37. The ordinance by which (article 114, law of public security) a minor was 
 sent to an institution of correctional education, may be suspended in execution by 
 means of an order of the president of the civil tribunal, on the request of a "society 
 of patronage," which takes the minor under its care, gives him employment, and 
 watches over his conduct. This suspension ceases to have effect when a new order 
 is issued by the same president, on the simple request of the authority of public 
 security, in case the minor ward does not give evidence of reformation. 
 
 Abt. 38. A minor sentenced to an institution of correctional education may be 
 restored to his parents whenever the president of a society of patronage assumes the 
 obligation to place him under care. * * * 
 
 Aet. 39. Women and girls may be placed under the care of women only. 
 
 Akt. 40. The fund of convicts, sent for the benefit of the society of patronage, is 
 sent from the director of the penal establishment or reformatory to the president of 
 the society, and he is to supply it entirely for the benefit of the hberated person 
 according to the rules' of the society. 
 
 Akt. 41. At the end of each financial year (in the month of July) every society of 
 patronage shall send to the minister of the interior, by means of the prefect, a state- 
 ment of the methods of the society, the number 6l its members, the sums collected, 
 of individuals placed under its care, the rules of guardianship, the results obtained, 
 desirable modifications in the regulations, and anything which it is believed should 
 be brought to the attention of the minister. 
 
 Abt. 42. This statement (art. 41) is communicated by the central administration 
 to the council of prisons for the extraordinary subsidies (art. 35), and for any obser- 
 vations that the council itself thinks opportune. 
 
 Art. 43. The society of patronage is requested to place minors with honest families 
 when the court orders it, and the society accepts responsibility. 
 
 Art. 44. In order to assist the society of patronage the minister of the interior 
 makes an additional annual grant: (a) The interests of certain funds * * * (6) 
 the proceeds of certain pious legacies now administered by the state for prisoners, 
 (c) other sums mentioned. (Articles 223, 406, 431. ) 
 
 Art. 45. The annual report to Parliament gives detailed account of the method of 
 distribution of these funds. 
 
 Conditional: liberation. — Akt. 499. Convicts in seclusion or detention may be 
 granted conditional liberation under certain conditions. * * * (Art. 16 of Penal 
 Code.) 
 
 Akt. 500. Principles. — A convict is granted conditional liberation, with some excep- 
 tions made by authority, under the rules established for definite liberation, a previous 
 Tegistration being made with the minister. * * * The director gives the person 
 a small book in which the law is printed, and in which is written the facts relating 
 to the person, the crime for which he was convicted, the sentence served, the day of 
 admission, and of the end of the term, with the obligations of the prisoner, and his 
 photograph. The director explains to the person his duties and the penalties of 
 transgression. 
 
 Art. 501. When the term of sentence is over and the person has not been recalled, 
 the penalty no longer is charged to him and he is finally discharged by a record. 
 
 Akt. 502. If the person violates the rules he is recalled and the minister assigns a 
 place in a prison. He is placed in the " ordinary ' ' class if his recall is due to neglect, 
 and in the class "on trial" if he has committed a crime. * * * xhe director of 
 the first prison is informed by the minister if the recalled prisoner is sent to some 
 other prison. 
 
MODEBN PJBISON SYSTEMS. 307 
 
 BELGIUM. 
 
 GENERAIi ADMINISTRATIOIT. 
 
 [Sources: Actes du Congrfes.Ptoitentiaire International, 1900, p. 333 ff., presented by the general director 
 
 of Belgian prisons. 
 
 The System of Prisc 
 
 The law of March 1, 1870, decrees that the convicts sentenced to hard labor, deten- 
 tion, reclusion, and imprisonment shall, so far as the condition of the prisons admit, 
 be subjected to the system of separation. The incarceration in separate cells is, there- 
 fore, the legal system in the execution of penalties which involve deprivation of 
 liberty. The only reason that the cellular separation is not uniform is that there are 
 not enough separate cells for the purpose. Gradually the congregate prisons will 
 disappear and separate cells will be provided for all. 
 
 Prisoners who are not thought to be proper subjects of separate treatment are con- 
 fined in the central prison at Ghent, which has a quarter for criminals of serious type 
 and one for reformatory cases. 
 
 The law of 1870 provided for prisoners in separate cells and reductions of length of 
 sentence — three-twelfths for the first year (not counting the first month); and by 
 progressive measure up to twenty years, when the reduction may be nine-twelfths. 
 
 The normal maximum is twenty years, which may be reduced to nine years nine 
 months and twelve days of cellular confinement. Convicts for life may not be kept 
 in separate cells longer than the first ten years of their imprisonment. After ten 
 years the convict is permitted to make a choice whether he will remain in isolation 
 or be placed in the common life. It is interesting to note the results. From 1870 to 
 1898, inclusive, 132 prisoners had this option, 95, of whom 3 were women, preferred 
 the cell and 37 the life in common. * * * 
 
 Prisons are divided into groups: The central prisons, which receive only persons 
 under sentence; and secondary prisons, which receive, in addition to convicts, certain 
 classes of persons who are held by judicial and adminstrative authorities. 
 
 The Penal Code requires that convicts sentenced to hard labor shMl serve sentence 
 in houses of hard labor; those condemned to reclusion in houses of reclusion; those 
 condemned to correctional process in houses of correction; and those sentenced for 
 misdemeanors in prisons determined by the government. In fact, since the estab- 
 lishment of the system of separation, which makes each cell a distinct prison, the 
 division provided by the code is not strictly observed, although it is carried out for 
 the most part. 
 
 The central prisons (Lou vain and Ghent) are set apart for criminals condemned to 
 hard labor and reclusion and to correctionals on long terms. There are no central 
 prisons for women, on account of their small number. They generally serve sen- 
 tences in thf> secondary prison near the place of trial. The designation is made as 
 follows: The penalty is served in the place of condemnation. The houses of arrest, 
 situated in the chief town of the arrondissement, receive those with terms up to three 
 years. The houses of security, situated in the chief town of the province, those on 
 terms of five years or less. Most under sentence for more than five years go to a 
 central prison. A specdal quarter is reserved in the central prison of Ghent for 
 juveniles under 18 years of age. 
 
 All Belgian prisons belong to the State. The general administration is a branch of 
 government. It is centralized in the minister of justice. All the services are 
 directed, under the immediate authority of the minister, by a director-general. 
 
 Of this administration there are three sections — one for general service, a second 
 for accounts, a third for care of buildings. Each section has its own duties. The 
 inspectors must report on abuses found by them, on improvements which they think 
 desirable, and must furnish information for the central administration. They may 
 not give orders unless the abuses are grave and flagrant, in which case they issue 
 written orders to take effect immediately. 
 
 There is in connection with every prison an administrative commission composed 
 of six or nine members, named by the Crown, to which belong, among others, the 
 procurator of the King in the arrondissement, the military auditor at the nearest 
 post, and the mayor of the place. Service is without pay. A secretary is appointed 
 by the King and is paid. 
 
 The administrative commissions are charged with the duty of inspection and over- 
 sight, which extend to all services of the establishment outside of accounts. They 
 
308 MODERN PRISON SYSTEMS. 
 
 are also intrusted with some administrative powers. They may make decisions 
 mider the rules (as admission of visitors, giving out of books not in the library, etc. ). 
 
 Not included under the foregoing remarks are the lockups and temporary cells for 
 the use of poUce and courts in dealing with transient persons who must be kept 
 under control or observation pending further legal action. The State does not main- 
 tain nor directly administer these places, which are left to local responsibility, but it 
 pays for the maintenance of most of the inmates. 
 
 Centralizatfon produces happy results. The uniformity of administration, which 
 is the principal consequence of the system, assures a plan of repression of the same 
 character throughout the Kingdom. It avoids the inequalities and injustice which 
 arise when prisoners o,f the same class are under different rules. It permits the 
 most speedy discovery of abuses and their correction. Economically it is most 
 advantageous. 
 
 Reception of Peisoners. 
 
 (See under "General administration" for certain facts relating to provisional 
 classification of prisoners. ) 
 
 Rules of Conduct. 
 
 (There are some particulars under the following heads in connection with other 
 
 topics. ) 
 
 Disciplinary Measures. 
 
 Cellular imprisonment carries with it, by its very nature, a certain disciphnary 
 regimen, which is the same for all prisoners subjected to this method of confinement. 
 This system is mitigated wherever it is compatible with order and security in the 
 prisons in the case of persons held for trial, and even among the convicts there are 
 certain differences of regulations in the central and secondary establishments. 
 
 The administration seeks to make the penalties of short duration as sharp as pos- 
 sible and to subject recidivists to more severe treatment. With this in view it has 
 suppressed the use of the canteen among those who are serving less than three 
 months, and with prisoners on terms above three months and not over a year, if they 
 have in the j'ear previous served a sentence for serious crime. The deprivation of 
 the canteen implies removal of privilege to buy all comforts, especially food and 
 tobacco, but writing' materials, needles and thread, and salt may be purchased. It 
 is further proposed to sharpen the punishment of recidivists by reducing food and 
 the comforts of the bed. 
 
 Punishraents. — The disciplinary punishments for infractions of rules are pro- 
 nounced by the director. Aside from admonition for first and slight offenses, these 
 penalties are: (1) Deprivation of work, reading, canteen, visits, correspondence, etc., 
 or deductions from credits. (2) Bread and water diet in ordinary cell. When this is 
 extended beyond three days the ordinary food alternates with low diet. (3) Eeclu- 
 sion in a dungeon or dark cell, with or without bread and water diet. In the central 
 prisons the director may pronounce penalty not exceeding fourteen days, and beyond 
 that he must take the counsel of the administrative commission, which may extend 
 the punishment to one month. In the secondary prisons the bread and water diet 
 and the dark cell may not be used more than nine days. In these establishments 
 all punishments beyond three days are to be submitted to the administrative com- 
 mission for decision. If the offense falls under the Penal Code, the director reports 
 it to the judicial authorities for prosecution. 
 
 Rewards. — For a reward for good conduct, application, zeal, and progress in 
 school or at work, and for meritorious acts of any kind, the directors may temper 
 the severity of the discipline without taking away its essential character. Thus, the 
 director may (1) admit the prisoner to confidential employments, domestic service 
 or certain exceptional work; (2) he may extend privileges of correspondence; (3) 
 he may grant the privilege of using tobacco, snuff or smoking, the latter being con- 
 fined to times of walking outdoors; (4) the grant of certain recreations and pleas- 
 ures: gift of books, engravings, tools, useful articles, etc. Good conduct is also 
 taken into account in considering applications for grace and conditional liberation. 
 
 Organization of Inddstby. 
 
 The Penal Code requires work of all convicts sentenced to hard labor, reclusion 
 and correctional imprisonment, but labor is not obligatory with prisoners condemned 
 for minor offenses. To carry out this law the administration has introduced indus- 
 tries into the various establishments. There is no penal labor as distinct from use- 
 ful occupation. 
 
MODERN PRISON SYSTEMS. 309 
 
 A royal ordinance of 1887 organized industry in its present form. The new regu- 
 lation has made an important modification of the earlier rules; it has taken away 
 the privilege of directors of secondary prisons to undertake certain industries on 
 their own account and derive income from such sources. This arrangement has 
 raised .the position of the director and raised it above a mercantile character. 
 
 The new regulations have adopted the following principles: The prisoners are 
 employed on state account for the most part. Where there is not enough work to 
 occupy all prisoners the directors may hire the labor force to contractors. * * * 
 It is only to contractors and manufacturers that the hand work of prisoners may be 
 hired; it is forbidden to directors to accept orders from individual customers, except 
 in the case of translation, writing, designing, and the like. The conditions of the 
 contracts are under rules of the administration and must be approved by them and 
 the minister. The rates are fixed by the piece or by the day. These prices are 
 calculated by deducting from the average market rates the amount by which the 
 prison work is inferior to that of free labor. This inferiority is due to the want of 
 skill of ordinary prisoners and to the irregularity of their labor. This defect of regu- 
 larity is due to the movements of prison populations, movements which require a 
 continual renewal of apprentices and make impossible the presence of a certain 
 number of workmen. It should be noticed that when the contractor does not 
 reside near the prison he must pay expenses of transporting raw materials and 
 articles manufactured. 
 
 It is important to remark that if the l^bor of a certain number of prisoners is 
 rented to a contractor for the execution of a specified task, in consideration of a 
 determined payment of wages, the prison labor remains even in this case in opera- 
 tion and organization, subject to the direction of agents of the State. The contractor 
 or his representative may have access to the establishment to verify and control the 
 materials and products, but he is accompanied by an officer of the prison. He has 
 no power of control over the prisoners. 
 
 From the amount paid by the contractor the State retains three-tenths, out of 
 which it pays itself for expenses occasioned by administration and the needs of the 
 prisoner. Of the seven-tenths remaining, one part is credited to the prisoners, in 
 ratios fixed by law, five-tenths for correctionals, four-tenths for those in reclusion, 
 three-tenths for those condemned to hard labor; but this income does not meet 
 expenses. (In 1898 income from labor was 340,032.88 francs; expenses, 2,693,000 
 francs. ) 
 
 Caee of Health. 
 
 The buildings of the cellular prisons are generally so constructed that they meet 
 all the requirements of sanitary principles. The cells are usually 30 meters cubic 
 measure (4 meters long, 2.50 meters wide, and 3 meters high). For cells designed 
 for sick prisoners there are at least 40 cubic meters. Temperature of 13° to 14° centi- 
 grade is secured by heating appliances, and in the infirmaries the temperature is 
 raised to 15°. The heat is from steam at low pressure. The air is renewed by open 
 windows and by pipes which enter each cell. Every time that a cell is empty a cur- 
 rent of air is created by opening the window and the wicket in the door. The wings 
 are ventilated by windows in the ends. Instead of closets the system of movable 
 vessels is used, and these are placed in ventilated niches in the wall. A plentiful 
 supply of water is furnished each prisoner. 
 
 The most minute care is taken to secure cleanliness of the prisons and the convicts. 
 The air is constantly renewed in all parts of the establishment. The places occupied 
 are daily swept; weekly the floors are varnished or oiled. The interior is white- 
 washed annually. During the year whitewashing is repeated where required, and 
 all stains are so removed. Waste water is kept from stagnating, and all animal and 
 vegetable waste is removed promptly. Fumigations are repeated more or less fre- 
 quently according to the season. The bedding is washed and renewed once a year, 
 and at any time when required by cleanliness. The bed clothes are changed once a 
 month, underclothing once a week. Clothing may not be transferred from one 
 prisoner to another without first being washed. 
 
 The most scrupulous care is taken that every prisoner keep his body clean. When 
 registered each one takes a bath. The men are shaved twice a week, the hair is cut 
 as often as necessary. Once in eight days the prisoners wash their feet with the aid 
 of a wet towel. Once a month they go to the bath. All prisoners take exercise in 
 the open air one hour each day. This time may be extended if required by the 
 health of the prisoner. _ ,.-.-. ^ , 
 
 Food.— The prisoners who are well have the following dietary: (a) In the central 
 prisons each prisoner receives each day (in the morning) 600 grams of wheat bread 
 of unbolted flour, and a warm drink (water, chickory , and milk) . At noon, Monday, 
 Wednesdav, and Saturday, meat soup (200 grams of meat); Thursday, pork soup 
 
310 MODEEN PRISON SYSTEMS. 
 
 (8 grams of lard, 200 grams potatoes, 150 grams of beans); Tuesday and Friday, pea 
 soup (250 grams dry peas, 100 grams vegetables); Sunday, vegetable soup (200 grams 
 potatoes, 100 grams rice, 100 grama vegetables). Evening: A dish of potatoes (750 
 grams); Monday and Saturday, and Sunday a dish of dry vegetables (250 grams 
 beans). (6) In the secondary prisons each prisoner receives daily: Morning, 600 
 grams of wheat bread of unbolted flour (ration reduced for boys under 14 years to 450 
 grams, for those over 14 and for women, 500 grams), and a warm drink. At noon 
 on Monday, Wednesday, Friday, and Saturday, a meat soup (100 grams of meat) ; 
 Tuesday and Thursday, a pea soup (200 grama of peas); Sunday, a vegetable soup 
 (100 grama vegetables, 200 grams potatoes, 7 grams rice). Evening: A dish of 
 potatoes, 750 grams. On the advice of the physician that the diet is insufficient, 
 an additional ration of bread may be given. 
 
 As a general rule the sick prisoners receive in the prison all needful care. AH 
 prisons are provided for this purpose with suitable cells. The physician decides 
 whether the prisoner should be treated in his cell or in an infirmary. The regula- 
 tions permit transfer to a hospital in the locality, which ia then considered as a sub- 
 stitute for the prison, but the existence of infirmaries in prisons makes this unneces- 
 sary except where special surgery is required or in case of women about to be 
 confined. 
 
 Medical inspection by specialists in mental disease is provided, since 1891. These 
 specialists may be three in number for the Kingdom, each being charged with the 
 prisons in a group. They examine every prisoner whoso actions lead the director or 
 central administration to suspect his sanity. Persons on trial are examined on the 
 order of the magistrate. The alienists report their findings without delay to the 
 central administration. The insane are placed in asylums on the order of the experts 
 in legal form. But the regulations prescribe that men shall not be sent to an asylum 
 unless it ia necessary on account of their health oi: the order of the prisons. The 
 alienist experts also record in a special book their advice and instructions in regard 
 to the treatment of the person examined, supervision, course of life, diet, etc. The 
 insane convicts are sent to special quarters of the state asylum at Tournay, the women 
 are sent to the state asylum at Mons. 
 
 Education. 
 
 SToral reform. — There is a regular method of registering, in Belgian prisons, the 
 results of the moral agencies. A "moral account" is opened for each prisoner who 
 is under sentence for more than three months. Therein are recorded at the begin- 
 ning information about the condition of the prisoner at his entrance, his civil status, 
 profession, means of existence, degree of instruction, religion, and antecedents. 
 There are recorded the facta relating to his conviction and the circumstances which 
 have called for lenity or severity in the decision of the court. All this information 
 is sent by the court to the director of the prison on prescribed forms within eight 
 days after close of trial. 
 
 During the course of the term served this moral account receives a record of merito- 
 rious acts, rewards obtained, offenses committed, jDunishments endured, and other 
 facts which determine his moral claasiflcation. This classification is considered in a 
 monthly conference of the officers of the establishment. These persons, after visits 
 to cella, record their obaervationa on the conduct, character, and disposition of the 
 prisoner in notebooks which they carry with them for the purpose. At the time of 
 his discharge the moral account receives a record of the information possessed at that 
 time in regard to the prisoner's instruction, health, and amelioration. 
 
 An important innovation was introduced by a law of May 31, 1888, which estab- 
 lished conditional liberation. Under this law prisoners, when they have served one- 
 third or, if legally recidivists, two-thirds of their terraa, provided that the former 
 have seved- a minimum of three months and the latter six months, may be condition- 
 ally released. Entire release is secured if the person ia not recalled during a period 
 equal to double the term of incarceration which had still to be served. By a law of 
 1899 this period may not in any case be less than two years. It is to be five years at 
 least, if the person liberated had incurred during the five years previous to the date 
 of hia last conviction a principal penalty of three months' imprisonment or two sen- 
 tences of one month at least. Conditional liberation is granted only to those who 
 give evidence of amendment. The administration, in order to judge if the person 
 may be released conditionally, takes account of his antecedents, the cauae of his con- 
 viction, his moral disposition, and his means of living if discharged. The moral 
 account kept by the officers ia the basis for a judgment of his condition and disposi- 
 tion and of^the wisdom of granting hhn clemency in the form of pardon or conditional 
 liberation. In the period oetween June 30, 1888, when the law went into effect, and 
 
MODEBN PRISON SYSTEMS. 311 
 
 December 31, 1897, the number conditionally released was 1,656, of which 59 were 
 revoked and 1,241 had obtained an absolute discharge. Others were on trial still 
 under the law. 
 
 Moral and religious infLuence. — The system of cellular separation has an influ- 
 ence purely negative, although considerable, in the direction of preventing the 
 rnutual corruption of prisoners. The administration strives in general so far as pos- 
 sible with persons who are often completely perverted or lacking moral energy to 
 employ effective agencies of amendment. 
 
 The first and most essential of these means is the persevering and continuous 
 action of the officers. The separate cell, by favoring individual study of each con- 
 vict, gives to this incessant action its maximum efficacy. The prisoners are visited 
 several times a day by guards set to supervise them, to direct their training in 
 industry, and also frecjuently by the director, minister, physician, teacher, and 
 members of the administrative commission. These visits are obligatory and fixed in 
 regulations. 
 
 The administration also permits the members of the society of patronage, already 
 approved, to make visits to the cells. These members, on presentation of their 
 certificate visit cells of persons of their own sex and without witnesses. The visits 
 are made at times agreed upon by the president of the administrative commission 
 and the president of the committee of patronage, the director of the prison giving 
 his advice. 
 
 Convicts may receive visits from members of their.families and correspond with 
 them; the correctionals once a week or fortnight, according as they serve in a sec- 
 ondary or central prison; those in reclusion once a month, those at hard labor once 
 in two months. It is thought that these relations with persons outside may be a 
 means of reducing the depressing effects of imprisonment; and that it is useful, from 
 the point of view of amendment and restoration to society, to avoid weakening the 
 family bonds. 
 
 Work, while it is a factor in the penalty, is also an indispensible condition of the 
 moral elevation of the convict. Without express exception made by the superior 
 administration labor is required of all convicts. This work is rewarded, and one 
 part of the pay belongs to the convict. Of the credit given him, one part is paid him 
 when he is discharged, while the other part may be used by him for the benefit of 
 his family or for his own gratification. 
 
 Cathohc worship is conducted by priests appointed for the purpose. The priest 
 celebrates mass every Sunday and holiday, in the chapel. A funeral service is held 
 at the death of a prisoner. The sacrament is administered to those who request it if 
 the priest himself approves, on the ground of their moral disposition. He gives 
 instruction to those who are ignorant of the essential truths of religion. Daily he 
 visits the sick and those under punishment. He visits the prisoners in their cells 
 both for moral and religious ends. 
 
 Once a year there is a spiritual retreat whose exercises are agreed upon between 
 the director and priest. Missioners from outside may assist in these services, but 
 may not visit cells without special permission. 
 
 l5issenting prisoners — that is to say, those who profess a worship recognized by the 
 state other than the Catholic faith, receive the help of ministers of their own con- 
 fessions. A certain number of Protestant pastors and Israelitish rabbis are accepted 
 for this purpose. Prisoners may be excused from receiving such visits. Their par- 
 ticipation in worship is voluntary. 
 
 iftie school-teacher not only gives instruction but also seeks to use his position to 
 improve the moral condition of the men. He visits prisoners in their cells for this 
 purpose. At the beginning of each class he reads some passage and makes comments 
 appropriate to the needs of the prisoners. In all ways he seeks to guide their reading 
 and thoughts so that they will oe morally improved. 
 
 Instruction. — The five most important prisons are provided with a teacher. 
 There are laymen exclusively devoted to the service of the establishment. All con- 
 victs on terms over six months, and who are under 40 years of age, must attend 
 school. All young offenders must attend. For others attendance is voluntary. 
 Instruction is given in chapel or in a special room. Prisoners are separated. Instruc- 
 tion is not given by question and answer, but by lecturing. But between the lessons 
 the teachers visit the cells and examine the notebooks. 
 
 Instruction includes reading, writing, arithmetic, the legal system of weights and 
 measures, elements of grammar, and the history and geography of Belgium. There 
 is a library in each pnson for the use of inmates. The care and management is 
 intrusted to the teacher who is to distribute books each week and direct the choice 
 of reading. In prisons where there is no teacher this duty belongs to a clerk 
 appointed for the purpose. 
 
312 MODEEN PEISON SYSTEMS. 
 
 Caee of Discharged Prisonebs. 
 
 The societies of patronage have grown very much during recent years. The 
 number is 29, and one is found in each chief town of the arrondissement, that is, near 
 each prison. They owe their existence to private initiative. Public authorities 
 facilitate their task and grant them subsidies, but do not interfere with their organi- 
 zation or activities. In reference to adults, the societies of patronage attempt to aid 
 their moral amendment by visiting cells, maintaining or restoring relations with 
 families, procuring assistance that may be needed, and standing by them when they 
 come out of prison in order to enable them to enter into free life and secure employ- 
 ment, or, if this is impossible, to assist them to emigrate. The authorities permit 
 certain of their members, upon approval, to visit the prisoners. 
 
 These societies assist, in a measure, in the administration of the law of conditional 
 release. When a member has visited a prisoner under consideration for conditional 
 discharge, the advice of the society is taken as to the course which should be fol- 
 lowed. The directors of prisons may, at request of a society, give them the funds 
 dne the prisoner at his liberation; and the society in this case decides as to time and 
 manner of paying him the sum which is in their hands for his benelit. Women 
 prisoners are visited by ladies who either constitute a separate society or a section 
 of the general society. 
 
 The principal work of the societies of patronage is on behalf of children who are 
 culpable or unfortunate. The government may send the child to its parents condi- 
 tionally, or place it as apprentice with a cultivator of the soil; and these societies 
 select the proper families and supervise them. They make annual reports to the 
 minister on the condition of the child, and may request change of school or of 
 guardians. They also watch over morally abandoned children, placing them out or 
 seeking the control of government over them. In some large cities special societies 
 are formed for this purpose. At Brussels there is a society for aiding vagabonds. 
 It has a section of visitors, committees of employment, and local correspondents. 
 In 1894 a royal commission of patronage was established for the purpose of discuss- 
 ing questions of interest to such societies. This body offers its counsels on questions 
 submitted to it by the minister of justice, by a member, or by a society of patronage. 
 The 29 members who compose it are named by the Crown. It elects persons to fill 
 vacancies. 
 
 Supplementary Notes. 
 
 Mendicants and vagabonds. — In accordance with a law of November 27, 1891, 
 the government organized for the repression of vagabondage, and mendicancy shelters, 
 and houses of refuge. The shelters ( d6p6ts de mendicity ) have a repressive character. 
 They are set apart to receive persons who are able-bodied, and who, in the language 
 of the law, instead of seeking to live by work, exploit charity as professional mendi- 
 cants — persons who by indolence, drunkenness, or immorality live in vagabondage 
 and vise. The term of imprisonment, which is fixed by the justice of the peace, la 
 from two years up to seven years. 
 
 The houses of refuge have a rather more hospitable character. In them are placed 
 (1) those who, though mendicants, have not the marks mentioned above; (2) those 
 who present themselves voluntarily with certificates from the communal administra- 
 tion. The duration of imprisonment is not determined by the justice, but it may not 
 be over one year, without consent of the prisoner. 
 
 Youthful offenders. — The recent laws on this subject are inspired by the idea 
 that in dealing repressively with youthful offenders there must be an effort to protect 
 and improve them. It is thought best to make the imprisonment of children excep- 
 tional. Unless it is justified by rare precocity, imprisonment is a severe degradation, 
 and should be avoided as far as possible. Preventive incarceration is an extreme 
 measure to which the courts are asked to resort only when this action is demanded 
 by necessity. Their condemnation to imprisonment ought not to be pronounced by 
 the judge without caution, and that for crimes which require a term sufficiently long 
 to secure amendment. Magistrates are requested to suspend sentence and place the 
 children at the disposition of the government. In every case where imprisonment is 
 ordered for a minor under 16 years of age, the sentence is not executed until the court 
 has informed the minister of justice, and reported all the circumstances, and received 
 decision from him. If sentence is passed, the term is served in a special section of 
 the central prison of Ghent. With a view to restricting as much as possible the 
 sojourn of children in prisons, the administration gives instructions that when a child 
 must be brought before a court it shall not first be confined in prison, but brought 
 from the benevolent school and taken back by an officer the same day. Holding in 
 incarceration a second day is an exceptional measure employed only when it is 
 impossible to return the child to the school the same day he is taken out. 
 
MODEBN PRISON SYSTEMS. 313 
 
 The most effective measure for substituting moral aid for rigorous penalties is that 
 01 placing the child under government control. The Penal Code had already pro- 
 vided that this measure might be used with minors over 16 and under 21 who had 
 acted without discernment. The laws of 1891 and 1897 have prescribed the rule for 
 the following cases: (1) Individuals under 18 who have been convicted of being 
 habitual mendicants or vagabonds are placed under government control by a justice 
 until majority. (2) When a person under 18 years is convicted, the court may order 
 that he be placed under such control from the expiration of his penalty until his 
 majority. (3) A person under 16 years who is convicted of an offense with discern- 
 ment and subject to a fine (25 francs) and seven days imprisonment at most, may not 
 be fined nor imprisoned, even if he is a recidivist; the court may reprimand the 
 youthj or, if the case is grave, may order him under government control until his 
 majority. This measure is not punitive but educational. The educational process is 
 carried on in special institutions called benevolent schools. Children of 13 years 
 may be received on request of mayors and sheriffs of communes. 
 
 Children are not transferred from place to place in the cellular carriages used for 
 adult criminals. Ofiicers in civil dress accompany a child. 
 
 Children under government control may be placed out as apprentices or to learn 
 agriculture. The parents may be appointed to act for the government if they are 
 worthy of confidence. Societies of patronage assist the government in watching over 
 the moral education of such children. Committees of lawyers connected with courts 
 also take part in this method of protection. A special lawyer is appointed for each 
 child and on his report of investigation the court acts. 
 
 Each child or youth is protected from having a criminal record in the courts, for 
 no mention of them is made in connection with the reports of criminal trials. 
 
 Sh.ort sentences and suspension of sentence, ■with, probation. — The evil of 
 imposing short sentences is recognized by high authorities in Belgium, but the num- 
 ber of such is very great, in spite of the testimony of the minister of justice in 1897: 
 "The short sentence has very little deterrent effect, does not amend, often degrades, 
 discourages, and plunges into minery." Persons who have not been tried during 
 six months previous to arrest may have sentence suspended, and if they remain 
 without offense for a certain time, up to five years, they are free. If they relapse 
 thev must serve the former sentence. 
 
IlSTDTtlX. 
 
 [Roman numerals refer to pages of inlrofluction; Arabic, numerals to pages of document.] 
 
 Accounts, Italy, 287. 
 
 Address, mode of, Austria, 72; to prisoners, Sax- 
 ony, 31; Wurttemberg 54. 
 
 Administrative boards, local. North Dakota, 155. 
 
 Administrative commission, Belgium, 307. 
 
 Administrator (industrial and financial man- 
 ager)^ Zurich, 97. 
 
 Administrator (or steward), Mexican prisons, 211. 
 
 Administration of prisons. (See "Central con- 
 trol.") 
 
 Officers of prisons. (See " Central control.") 
 
 Agricultural prisons, Italy, 295. 
 
 Agricultural labor, Prussia, 14; Saxony, 40. 
 
 Alabama, 179. 
 
 Allegheny (Pennsylvania), 182. 
 
 Aniane, colony, France, 263. 
 
 Anthropometry, Mexico, 215. 
 
 Anatomical study, corpses. Saxony, 44. 
 
 Appointment of officers, Canada, 135; Holland, 102. 
 
 Apothecary, Mexico, 228. 
 
 Archives, Mexico, 216. 
 
 Arizona, 172, 191, 192, 193, 195. 
 
 Arkansas, 175, 192, 194. 
 
 Austria, XII, xviii; (Marburg prison), xv, xvi, 
 XIX, XX, XXII, xxvii, 71. 
 
 Autopsies, Saxony, 44. 
 
 Bavaria, xx. 
 
 Bavarian prisons (judicial), jails, 17. 
 
 Beds, Bavaria, 27; England, 131; Norway, 113; of 
 
 grisoners, Prussia, 15; Saxony, 41; Wurttem- 
 erg, 69, 60. 
 
 Beheading (German, capital punishment), 1. 
 
 Belgium, 307, xiii, xxix. 
 
 Belle-en-Mer, France, reform school, 259. 
 
 Bellevue, France, reform school, 269. 
 
 Bertillon system, xxii; Mexico, 215. 
 
 Beurlaubun^ (parole). Saxony, 50. 
 
 Births in prison, Bavaria, 29; Italy, 303; Prussia, 
 15, 16. 
 
 Board of directors. (See " Directors." ) 
 
 Board of charities. New Hampshire, 156; Michi- 
 gan, 167; Ohio, 158; Indiana, 158; North Caro- 
 lina, 169; Missouri, 160; Tennessee, 161; Colo- 
 rado, 161; New York, 169; Nebraska, 169; Penn- 
 sylvania, 162; New York, 167. 
 
 Board of commissioners of charities and correc- 
 tion. South Dakota, 170. 
 
 Boards of control, Rhode Island, 163; Wisconsin, 
 164; Iowa, 165; Minnesota, 166. 
 
 Board of charities and reform, Wyoming, 171. 
 
 Board of public lands and buildings, Nebraska, 
 170. 
 
 Board of corrections, Utah, 171. 
 
 Board of visitors, English convict prisons, 124. 
 
 Books, Bavaria, 29; England, 133; Prussia, 16; 
 Saxony, 33; Wurttemberg, 61. (See "Libra- 
 ries.") 
 
 Boulard, France, reform school, 259. 
 
 Bread ration. Saxony, 41. 
 
 Brockway, Z. R., xxiv. 
 
 Bundesrath, Germany, xii; general principles, 3. 
 
 Buildings, IBelglum, 309; prison, England, 124; 
 Italy, 286; Mexico, 217. 
 
 Bureau of labor statistics, Colorado, 161. 
 
 Burial, Austria, 88; Saxony, 45. 
 
 California prison, 182, 183, 185, 187; system, 165. 
 
 Canada, xiii, xvi, xix, xxvii, 136. 
 
 Capital punishment. (See " Death penalty.") 
 
 Cells, Belgium, 309. 
 
 Cells, inspection, England, local prisons, 124. 
 
 Cellular confinement. (See "Separate confine- 
 ment.") 
 
 Cellular prison, Pennsylvania, 181. 
 
 Central control, x, xi. 
 
 Central control, administrative, officers, their 
 duties, etc., Prussia, 4; Suxonv, 30; Austria, 71, 
 72,89; Switzerland, 95; Holland, 101; Denmark, 
 106; Norway, 110; English, 120, 124; Canada, 135; 
 United States of America, 143, 152; Maine, 153; 
 Vermont, 154; North Dakota, 155; Kansas, 166: 
 California, 155; New Hampshire, 156; Connecti- 
 cut, 156; Michigan, 157; Ohio, 168; Indiana, 158; 
 Illinois, 159; North Carolina, 159; Missouri, 160; 
 Tennessee, 160; Colorado, 161; Pennsylvania, 
 162; New Jersey, 162; Rhode Island, 163; Wis- 
 consin, 164; Iowa, 165; Minnesota, 165; Mas,;a- 
 chusetts, 166; New York, 167; Nebraska, 169; 
 South Dakota, 170; Wyoming, 171; Utah, 171 
 Oregon, 171; Idaho, 172; Oklahoma, 172; New 
 Mexico, 173; Washington, 174; Maryland, 174; 
 Arkansas, 175; Virginia, 176; West Virginia, 170; 
 Delaware, 177: Kentucky, 177; Mississippi, 178; 
 Louisiana, 178; South Carolina, 178; Alabama, 
 179; Texas, 179; Florida, 180; Mexico, 202; 
 France, 229, 246 ff.; Italy, 272; Belgium, 807. 
 
 Central houses, France, 230, 234. 
 
 Chains, Bavaria, 17; Wurttemberg, 56. 
 
 Chanteloup, France, reform school, 258. 
 
 Chaplains, under superintendent, Prussia, 7. 
 
 Chaplain, Zurich, 97; Denmark, 106; England, 
 132; Canada, 138; Federal prison. United States, 
 146; United States (north) , 183; Italy, 277. (See, 
 also, "Education" and "Religion.") 
 
 Children of prisoners, Bavaria, 21. 
 
 Classes for discipline. Saxony, 34; Austria, 82, 
 Canada, 142; English local prisons, 128; Italy, 
 299; France, 254; Mexico, 224; Bavaria, 21. 
 
 Classification of prisoners, xxii; Prussia, 10; 
 Switzerland, 99. 
 
 Cleanliness, Bavaria, 21, 27; England, 126, 131,132; 
 Holland, 103, 104; Italy, 303; Mexico, 225; Nor- 
 way, 113,115; Saxony, 31,42; Wurttemberg, 59. 
 
 Clergymen, Bavaria, 29; Prussia, 14, 16. 
 
 Clerks, Mexican prisons, 212. 
 
 Clothing of convicts, Prussia, 15; French prison- 
 ers, 252; Italy, 802; Norway, 113; Saxony, 41; 
 Wurttemberg, 59, 60. 
 
 Colonies for youth, France, 230. 
 
 Colorado prison, 183, 187, 188; reformatory, 195. 
 
 Columbus (Ohio), 182. 
 
 Commissions of prisons, Bavaria, 20; New York, 
 168; Montana, 173; Texas, 179; Florida, 180. 
 
 Commission of supervision, France, 232. 
 
 Communications. (See "Correspondence" and 
 "Visits.") 
 
 Communications, Bavaria, 24; Saxon3^ 33. 
 
 Complaints of prisoners, Bavaria, 23; England, 
 119; Prussia, 12; Wurttemberg, 54. 
 
 Communications with prisoners; Wurttemberg, 
 55; England, 119, 127; Italy, 294. 
 
 Concord (Mass.) reformatory, 196. 
 
 Conditional release, xxxvi; France, 250; Ger- 
 many, 2; Italy, 806; Belgium, 310; Saxony, 60; 
 Switzerland (Zurich), 100; Wurttemberg, 87. 
 
 Conduct, rules, Bavaria, 22. 
 
 Conduct of officers, rules, Prussian, 6. 
 
 Conduct, rules for prisoners, Prussia, 12. 
 
 Conferences of officers, XX. 
 
 Conference of officers. (See "Council of offi- 
 cers.") 
 
 Conference of officers, Austria, 71; Wurttemberg 
 52; Zurich, 97; Norway, 110. (See "Council of 
 discipline.") 
 
 Congregate confinement, Bavaria, 22; Prussia, 10; 
 Saxony, 33; Wurttemberg, 54; Switzerland, 99; 
 United States, 182; Belgium,~307. 
 
 315 
 
316 
 
 INDEX. 
 
 Connecticut, State prison, 182, 183, 184, 186, 187, 
 188. 
 
 Contractors oi labor, Belgium, 309. 
 
 Contract system, Denmark, 107; France, 240, '253. 
 
 Contracts and estimates, Italy, 284. 
 
 Contracts for labor. Saxony, 38. 
 
 Contraband articles, Mexico, 218. 
 
 Convict prisons, English, 124. 
 
 Cook County (III.) jail, 200. 
 
 Corporal chastisement. Saxony, 36. 
 
 Correspondence. (See "Communications.") 
 
 Correspondence of prisoners, Prussia, 12. 
 
 Correctionals, Saxony, 47. 
 
 Corsica (French prison), 230. 
 
 Council of charities arid correction. New Jersey, 
 162. 
 
 Council of discipline, Italy, 298. 
 
 Council of prison officers, Saxony, 30. 
 
 Council of surveillance, Italy, 273. 
 
 County boards of visitors, Colorado, 161. 
 
 County commissioners. North Carolina, 160; South 
 Dakota, 170. 
 
 County penitentiaries. New York, 167. 
 
 Crime, diminution, in France, 233. 
 
 Dark cell, Wurttemberg, 56. 
 
 Dealings with prisoners, Prussia, 7. 
 
 Deaths, Bavaria, 29. 
 
 Death penalty, execution, England, 129; German 
 code, 1; Mexico, 223. 
 
 Deaths in prison, Italy, 303; Prussia, 15; Saxony, 
 44; Wurttemberg, 60. 
 
 Debtors, England, 133. 
 
 Delaware, 177. 
 
 Denmark, xv, xxvii, 106. 
 
 Deputy warden, xv. 
 
 Departments of prison, xiv. 
 
 Departmental prisons, France, 230. 
 
 Description of prisoners, 10. 
 
 Detention. (See "Prisoners awaiting trial.") 
 
 Dietaries, xxxii. 
 
 Director, xiv; Denmark, 106; Italy, 275. 
 
 Director-general, Belgium, 307. 
 
 Directors, board, Vermont, 154; California, 155; 
 Michigan, 167; Prussia, 5; Saxony, 30; Zurich, 96. 
 
 Discharge, xxxv. 
 
 Discharge of prisoners, Bavaria, 29; Prussia, 16; 
 Saxony, 47; Wurttemberg, 62, 70; Austria, 88, 91; 
 Switzerland (Zurich), 100; Holland, 105; Den- 
 mark, 109; ^forway, 113; England, 133; Penn- 
 sylvania (eastern), 181; United States (North), 
 187; South, 194; reformatories (United States), 
 198; women's prisons (United States), 199; re- 
 form schools (united States), 202; Mexico, 229; 
 France, 24B, 256; Italy, 304; Belgium, 312. 
 
 Discharged Prisoners' Aid Society. (See " Patron- 
 Disease, infectious and contagious. Saxony, 43. 
 
 Discipline, internal, of prisons, Italy, 276. 
 
 Disciplinary measures, xxvi. 
 
 Discipline, Bavaria, 22, 25. 
 
 Discipline of officers, xvii; Italy, 283. 
 
 Disciplinary measures (with prisoners), Wurttem- 
 berg, 56, 67 (jails); Austria, 86, 90; Switzerland 
 (Zurich), 99; Holland, 103; Denmark, 107; Nor- 
 way, HI, 114; England, local prisons, 126; Can- 
 ada, 142; Pennsylvania (eastern), 181; United 
 States (North), 187; Federal prison, 189; wo- 
 men's prisons (United States), 199; MIexico, 222; 
 France, 238, 249; Italy, 297; Belgium, 308; Sax- 
 ony, 34. (,See "Rewards" and "Privileges," 
 and "Punishments.") 
 
 Disciplinary punishments, German Empire, 4; 
 Prussia, 13. 
 
 Discipline, prison, 180. 
 
 Dishes, Bavaria, 28. 
 
 Documents, France, 234. 
 
 Doullens, France, school for girls, 269. 
 
 Druggist, France, 247; Mexico, 228. 
 
 Duties of officers (Austria), 74; Bavaria, 19; Prus- 
 sian prisons, 6. 
 
 Edifices. (See "Buildings.") 
 
 Education, including schools, religious, xxxiii; 
 Saxony, 45; Wurttemberg, 61; Austria, 88, 89; 
 Switzerland, 100; Holland, 104; Denmark, 108; 
 Norway, 113; England, 182; Canada, 143; United 
 States (Illinois, Pennsylvania, Iowa, Wisconsin, 
 Colorado, Maine, California, Ohio, Massachu- 
 setts, Connecticut, Indiana, Minnesota), 183; 
 Federal prison, 188; South (United States), 192; 
 reformatories (United States), 196; women's 
 
 prisons (United States), 198; jails and work- 
 houses (United States), 200; reform schools, 201; 
 Mexico, 229; France, 230, 231, 243, 248, 260, -265; 
 Italy, 278, 304; Belgium, 310; Bavaria, 29. 
 
 Eggenburg reform school, Austria, 89. 
 
 Elmira Eeformatory, 195. 
 
 Employees, Mexican prisons, 208, 
 
 England, xii, xiv, xv, xxvii. 
 
 English local prisons, 115. 
 
 Entrance into prison. (See "Reception.") 
 
 Escapes, Austna, 86. 
 
 Estimates and contracts, Italy, 284. 
 
 Examination of prisoners, xxii; Bavaria, 21, 
 England, 124; Italy, 288; Eastern Pennsylvania, 
 181; Prussia, 9; Saxony, 31; by chaplain, SaX' 
 ony, 32; United States (north), 182, (south) 191, 
 reformatories (United States), 195; women's 
 prisons, 198; reform schools, 201. 
 
 Executive control of prisons. United States, 153. 
 
 Exercise, Bavaria, 28; Norway, 113, 115; Prussia, 
 15; Saxony, 42. 
 
 Experimental sociology. (See " Kellor, F. A.") 
 
 Eyesses, France, colony, 266. 
 
 Farm instructor, Canada, 140. 
 
 Farmer, teacher, Italy, 279. 
 
 Federal prison (United States, Fort Leavenworth, 
 Kans.), 188; United States, 143. 
 
 Fees, forbidden, Mexico, 218. 
 
 Festungshaft (fortress prison), 2. 
 
 Fines, Germany, 2. 
 
 Fire, rule in case of, Bavaria, 24. 
 
 Florida, 180. 
 
 Pood, Bavaria, 27; Prussia, 15; Saxony, 41; Wurt- 
 temberg, 66, 58, 61; Austria, 88; Holland, 104; 
 Denmark, 108; Norway, 112; England, 126, 131: 
 Mexico, 225; France, 242, 250, 251; Italy, 285, 301: 
 Belgium, 309. 
 
 Foremen, Prance, 256; Italy, 282; United States 
 Federal prison, 152. 
 
 Fort Leavenworth prison. Federal, 143, 188. 
 
 Fortress prison, Prussia, 9. 
 
 France, xiii, xvi, xviii, xx, xxii, xxix, xxxi, 
 xxxvii, 229. 
 
 Funds of prisoners, Bavaria, 26; France, 255; 
 Italy, 287; Saxony, 39. 
 
 Furniture, Mexico, 222. 
 
 Games, cards, dice, etc., Bavaria, 22; Prussia, 12. 
 
 Garvin, A., 180. 
 
 Gefangnisshaft, 1. 
 
 German Empire, regulations, 1; penal code, 1, 
 
 XII, XXVII, XXX. 
 
 Ghent, 307. 
 
 Girls, schools for, France, 268. 
 
 Governor, English local prisons, 117; Maine, 153; 
 Vermont, 154; North Dakota, 165; California, 
 155; New Hampshire, 156; Ohio, 158; Illinois, 
 159; Colorado, 161; Pennsylvania, 162; New Jer- 
 sey, 162; New York, 168; Wyoming. 171; Utah, 
 171; Oregon, 171; Idaho, 172; Oklahoma, 172; 
 Arizona, 172; New Mexico, 173; Montana, 173; 
 Texas, 179; Rhode Island, 163; Wisconsin, 164; 
 Iowa, 165; Minnesota, 165. 
 
 Goos, Karl, 106. 
 
 Grades, France, 238. 
 
 Grades of prisoners. (See "Classes.") 
 
 Grading system, Pennsylvania (eastern), 181; 
 Federal prison, 188; South, 191; reformatories 
 (United States), 196; women's prisons (IJnited 
 States), 198; United States (north), 182; Wurt- 
 temburg, 56. 
 
 Gratuities. (See "Rewards.") 
 
 Graves, marking. Saxony, 45. 
 
 Great Britain, 115. 
 
 Guards, school of, France, 248; Austria, 74; Italy, 
 280; Mexican prisons, 210; Prussian prisons, 6; 
 United States Federal prison, 149. 
 
 General organization, x. 
 
 Guards of supervision, soldiers, older prisoners. 
 Saxony, 32. 
 
 Haft (German code), 1; Pru.ssia, 8. 
 
 Hair cutting and shaving, Bavaria, 28. 
 
 Hazey, colony, France, 267. 
 
 Health, xxxr. Bavaria, 27; house regulations, 
 Prussia, 14; Saxony, 41; Wurttemberg, 58; Aus- 
 tria, 88; Switzerland (Zurich), 100; Holland, 
 104; Denmark, lOS; Norway, 112; England, 120, 
 130; Canada, 143; Mexico, 214, 225; France, 242; 
 Italy, 302, 30;5; Belgium, 309. 
 
 Heating, Bavaria, 27; Prussia, 15. 
 
 Hintniger, Dr. Oscar, S. 
 
INDEX. 
 
 317 
 
 Hiring out of convict labor, Saxony, 40. 
 Hohclays, Austria, 86; Bavaria, 26; Prussia, 14; 
 
 Saxony, 46. 
 Holland, xii, xv, xix. 
 Hope, as incentive, 185, 193. 
 Hospital, Austria, 78. 
 Hospitals, Mexico, 214, 226; Prussia, 15. 
 Hospital steward, United States Federal prison, 
 
 House committee, Austria, 88. 
 
 Housekeeping, Austria, 77. 
 
 Houses of correction, Maine, 154; Vermont, 154. 
 
 Hours of labor, Bavaria, 26. 
 
 Hours for worli, 38. 
 
 Hudson (N. Y.) women's prison, 198. 
 
 Huntington reformatory, 195. 
 
 Idaho, 172. 
 
 Identification, xxn; Canada, 142; Mexico, 215; 
 Italy, 289. 
 
 Identification of convicts, Prussia, 10. 
 
 Illinois, prison, 183, 184, 186, 187, 197. 
 
 Indeterminate sentence, xxxv. 
 
 Indiana, State prison, 182, 183, 188. 
 
 Industrial schools, New York, 168, 169; Utah, 171; 
 West Virginia, 177; Delaware, 177; Alabama, 
 179; Vermont, 154; Kansas, 156; New Hamp- 
 shire, 156; Michigan, 167; Colorado, 162; New 
 Jersey, 163. 
 
 Industries, prison labor, xxviii; Saxony, 37; 
 outside of prison. Saxony, 40; Wurttemberg, 57, 
 67 (in jails); Austria, 79, 87;Switzerland(Zunch), 
 100; Holland, 103; Denmark, 107; Norway, 112; 
 England, local prisons, 130; Mexico, 224; France, 
 240, 263; Italy, 284, 800; Belgium, 308; Bavaria, 
 25; Prussia, IS. 
 
 Inebriates, establishments for, Italy, 297. 
 
 Infants, Saxony, 44. 
 
 Infirmaries (see**Hospitals"); Mexico, 229; Italy, 
 302; Norway, 113. 
 
 Insanity, xxxii; inspection by alienists, Belgium, 
 310; Saxony, 44. 
 
 Insane, asylums for, Italy, 296. 
 
 Insane convicts, Denmark. 108; Norway, 113. 
 
 Inspection, xxi. 
 
 Inspection of prisons, Belgium, 307; Maine, 153; 
 Massachusetts, 166 (see also "Supervision"); 
 Mexico, 207; Pennsylvania. 
 
 Inspection of prisoners, Canada, 141. 
 
 Inspectors of prisons, Italy, 275. 
 
 Inspector of prisons, Prussia, 6. 
 
 Instructions to prisoners, Bavaria, 21. 
 
 Instruction, Prussia, 16; Saxony, 31, 46 
 
 Internes, Mexico, 227. 
 
 Internal life of prisons in United States, 180. 
 
 Iowa, State prison, 182, 183, 184, 186, 188. 
 
 Italy, XIII, XX, XXVIII, 272. 
 
 Jails, Delaware, 177; Kentucky, 178; Louisiana, 
 178; South Carolina, 178; Alabama, 179; Texas, 
 179; Florida, 180; Illinois, 159; North Carolina, 
 160; Missouri, 160; Colorado, 161; Pennsylvania, 
 162; New Jersey, 162,163; Rhode Island, 163: 
 Wisconsin, 165; Massachusetts, 166; New York, 
 167; Maine, 153; Vermont, 154; North Dakota, 
 155; Kansas, 155; California, 156; New Hamp- 
 shire, 156; Connecticut, 156; Michigan, 157 
 Ohio, 158; Indiana, 168; New York, 167; South 
 Dakota, 170; Wyoming, 171; Utah, 171; Oregon, 
 172; Idaho, 172; Oklahoma, 172; Arizona, 173; 
 New Mexico, 173; Montana, 173; Washington, 
 174; Arkansas, 176; Virginia, 176; West Virginia, 
 177; Norway, 114; United States, 199; Wurttem- 
 berg, 64. 
 
 Jails. (See " Local prisons." ) 
 
 Jail punishment (GefangnissstraJe), Prussia, 8. 
 
 Japan, schools of ofiicers, xxi. 
 
 Jeffersonville Reformatory, 195. 
 
 Jewish prisoners. Saxony, 46. 
 
 Judges make rules for jails, Washington, 174. 
 
 Judicial department, Germany, 4. 
 
 Judicial prisoners, Italy, 290. 
 
 Judicial authority, France, 232. 
 
 Judicial regulations. United States, 153. 
 
 Juvenile offenders, Bavaria, 17; English local 
 prisons, 123, 134; Germany, 2; Holland, 105; 
 Saxony, 33; Wurttemberg, 63. 
 
 Kansas Reformatory, xxvi, 195, 196. 
 
 Kansas system, 165. 
 
 Kellor, Francis A., 191. 
 
 Kitchen, Austria, 77. 
 
 Korneuburg (Austria), 72. 
 
 Labor. (See "Industries.") 
 
 Labor in prisons, German Empire, 2. 
 
 Landesgefangniss, Wurttemberg, 62. 
 
 Legislative control of prisons. United States, 153. 
 
 Letters to and from prisoners (see "Communica- 
 tions"), Bavaria, 24; Saxony, 38. 
 
 Libraries. (See "Education.") 
 
 Library, Bavaria, 29; France, 248; Italy, 304; 
 Prussia, 16; United States (north), 188; Wurt- 
 temberg, jails, 69,70. 
 
 Lighting of prisons, Bavaria, 27: Prussia, 15. 
 
 Limitations of this volume, IX. 
 
 Local prisons (see "Jails"), Belgium, 307; 
 English, 115. 
 
 Louisiana, 191, 192, 193, 194, 195. 
 
 ■Louvain, 307. 
 
 Maine, prison, 182, 183, 184, 186, 187, 188; prison sys- 
 tem, 153. 
 
 Marburg regulations (Austria), 71. 
 
 Marking system, Pennsylvania (eastern), 181; 
 Federal prison, 188; South, 191; reformatories 
 (United States), 195; women's prisons (United 
 States), 198; reform schools, 201; United States 
 (north), 182. 
 
 Maryland, 174. 
 
 Massachusetts, prison, 182,183,184,186,187,188. 
 
 Matron, Canada, 140; English local prisons, 120. 
 
 McClaughry, C. C., xvii, xxvi. 
 
 McClaughry, R. W., xxiii. 
 
 Medical oflicer. (See "Physician.") 
 
 Medical examination. Saxony, 32. 
 
 Medical relief. Saxony, 43. 
 
 Medical service, Bavaria, 20; Mexico, 226. 
 
 Mendicants and vagabonds, Belgium, 312. 
 
 Merit system, XV. 
 
 Methods of State control, legislative, judicial, 
 administrative, XI. 
 
 Mettray, colony, France, 264. 
 
 Mexico, xiii, XVI, xviii, xxviii; penal establish- 
 ments, 202; City of Mexico, prison, 203. 
 
 Michigan City, United States, 182. 
 
 Ministry, Belgium, 307. 
 
 Minister of justice, Canada, 135; Norway, 110; 
 Saxony, 30. 
 
 Ministry of justice, Denmark, 106. 
 
 Minors, Germany, 2. 
 
 Ministry (Italy), 273. 
 
 Minnesota State prison, 182, 183, 184, 186, 188. 
 
 Money and property of prisoners, Prussia, 10. 
 
 Monitors (guards), Mexican prisons, 210. 
 
 Nebraska, 169. 
 
 Negro Reformatory Association, Virginia, 176. 
 
 New Jersey, prison, 184. 
 
 North Dakota system, 155. 
 
 Norway, xii, xv, xvi, xix, xxvii, xxix. 
 
 Noxen, F. (Norway) , 110. 
 
 Nurses, Mexico, 228. 
 
 Offenses, federal prison, 191; Mexico, 222; English, 
 128, 130; Saxony, 34. 
 
 Officers, XIII; discipline of, Austria, 81; duties 
 (Austria), 71; duties, Zurich, 97; Holland, 102; 
 English local prisons, 116; French prisons, 230; 
 Mexican prisons, 203, 204. 
 
 Ohio, penitentiary, 182,183,184,186,187,188. 
 
 Oklahoma, 172. 
 
 Order of the day (Austria), 85; Bavaria, 28; Mex- 
 ico, 221; reform school, Austria, 91; Italy, 276, 
 291. 
 
 Oregon, 171. 
 
 Organization of prisons. -(See "Central control.") 
 
 Outside labor. Saxony, 37. 
 
 Oversight. (See "Supervision." ) 
 
 Pardons, France, 260. 
 
 Parole. (See "Conditional release.") 
 
 Parole, conditional, Germany, 2. 
 
 Paroled prisoners, 194; Saxony, 50. 
 
 Pastor. (&c "Chaplain.") 
 
 Patronage societies, xxii Uee "Discharged 
 prisoners"); English, 123; France, 256; Italy, 
 305; Belgium, 812. 
 
 Paternal power, France, 236. 
 
 Pederasts, 208, 220. 
 
 Penal code, Germany, 1, 3; Norway, 110. 
 
 Penitentiaries, 180, 181. 
 
 Pennsylvania, prison (western) 182, 183, 184, 186, 
 187. 
 
 Pennsylvania system, 162. 
 
 Pensions for oflScers, xviii, xix, 247; Holland, 
 102; Norway, 110. 
 
 Personnel, Bavaria, 18. 
 
318 
 
 INDEX. 
 
 Petitions of prisoners, Saxony, 62, 
 
 Pharmacists, Italy; 279. {See-also "Druggists.") 
 
 Photographs of prisoners, Italy, 289; Mexico, 216. 
 
 Physician, XV; Austria, 88; English local prisons, 
 120; under superintendent, Prussia,?; Zurich, 
 97; Canada, 137; Federal prison, 146; Mexico, ' 
 227; France, 1247; Italy, 277. 
 
 Police surveillance, Germany, 2; Saxony, 47 
 
 Pontiac Reformatory, 195. 
 
 Porter, Austria, 81. 
 
 Presents not to be received, xyii; Mexico, 218. 
 
 Presents to prisoners, Saxony, 34. 
 
 Prevention of escape, Bavaria, 23. 
 
 Product of labor, Bavaria, 26. 
 
 Promotion and degradation of officers, xvi. 
 
 Property and valuables, xxir. 
 
 Property of prisoners (sec "Reception "and "Dis- 
 charge"); Bavaria, 21, 29; Prussia, 10; injury to, 
 Prussia, 12; Saxony, 32,45,48. 
 
 Provisional release. {See" Conditional release." ) 
 
 Provisional discharge, Germany, 2. 
 
 Prisons, judicial. {See "Jails.") 
 
 Prisons of Svritzerland, 95; Denmark, 106; France, 
 246; Prussia, 5. 
 
 Prisoners awaiting trial, England, 125. 
 
 I'rison labor, German Empire, 2. 
 
 Prisoners, how addressed, Prussia, 7. 
 
 Prisoners, civil, Prussia, 9. 
 
 Prisoners in transit, Prussia, 9. 
 
 Prisoners on trial, Wurttemberg, 70. 
 
 I*rison commissioners, Vermont, 154; Illinois, 
 159; Tennessee, 161; Massachusetts, 166. 
 
 Prisoners as heads or foremen, Mexican pris- 
 ons, 213. 
 
 Prussia, administration, 4. 
 
 ■Privileges, United States (north), 185; Federal 
 prison, 189, 191; reformatories, 197; Women's 
 prisons (United States), 199. 
 
 Public works, labor of prisoners, Prussia, 14. 
 
 Punishments {see "Disciplinary measures"); Ba- 
 varia, 17; Canada, 143; English local prisons, 
 119; disciplinary, Germany, 4: Italy, 297; Bel- 
 gium, 308; Mexico, 221; France, 239; Pennsyl- 
 vania (eastern), 181; United States (north), 187; 
 Federal prison, 189, 191; South, 194; reformato- 
 ries (United States), 197; women's prisons 
 (United States), 199, 202; Saxony, 35; Switzer- 
 land, 99; record of, 87. 
 
 Purpose of this volume, ix. 
 
 Purposes of a_prisou system, x. 
 
 Purpose of prison regulations, 162. 
 
 Purpose of prisons, Saxony, 30. 
 
 Qualifications of officers, xiv; Austria, 72, 74; 
 France, 230. 
 
 Reading, Bavaria, 29; Prussia, 16; Saxony, 33. 
 
 Reception of prisoners, xxii; Bavaria, 20; Penn- 
 sylvania (eastern), 181; Prussia, 9; Saxony, 31; 
 Wurttemberg, 62; Austria, 82; Switzerland 
 (Zurich), 98; Denmark, 106; England (local 
 prisons), 124; Canada, 141; Pennsylvania (east- 
 ern), 181; United States (north), 182; Federal 
 prison (United States), 188; South, 192; Mexico, 
 213,215; Italy, 288; Belgium, 308. 
 
 Recidivists, Belgium, 310. 
 
 Recidivation, France, 280. 
 
 Record of prisoners, Bavaria, 21. 
 
 Records, Mexican prisons, 205 (sec "Archives"); 
 Saxony, 32. 
 
 Recruiting the service, xv. 
 
 Reform school, Austria, 89; Prance, 270; Illinois, 
 169; New Jersey, 163, Nebraska, 170; Oregon, 171; 
 Arizona, 173; Montana, 173; Washington, 174; 
 West Virginia, 176; Delaware, 177; United States, 
 201. 
 
 Reformatories, Italy, 297; New York, 168; United 
 States, 181,196. 
 
 Reformatory, Kansas, 165; Colorado, 161. 
 
 Release. (Sec " Conditional release.") 
 
 Relegation (transportation to colonies), France, 
 246. 
 
 Religion (sec "Education"); Wurttemberg, jails, 
 69; Zurich, 97; France, 243, 248; Belgium, 311; 
 Bavaria, 29; Prussia, 16; Saxony, 32, 45. 
 
 Remission of penalty, "good time," Saxony, 37. 
 
 Reparation for injury, Germany, 2. 
 
 Rewards for good conduct, 103 (sec "Wages"); 
 extrafavors, Austria,84; Austria (reform school) , 
 90,94; Bavaria, 26; France, 238; Italy, 800,301; 
 
 Belgium, 308; Saxony, 37, 88, 48; United States 
 (north), 186; South, 193; reformatories, 197, 200, 
 202; Wurttemberg, 66,57. 
 
 Requests and complaints of prisoners, Prussia, 12; 
 Wurttemberg, 69. 
 
 Residence of wardens, Canada, 135. 
 
 Rest at night. Saxony, 42. 
 
 Retirement, age of, xix. 
 
 Rules of conduct, XXIII; Wurttemberg, 54; Aus- 
 tria (Marburg), 82, 84; Switzerland, 99; Norway, 
 111; England, 127; Canada, 142; Pennsylvania 
 (eastern), 181; United States (north), 184; Fed- 
 eral prison, 189; South, 192; reformatories 
 (United States), 196; women's prisons (United 
 States), 199; reform schools (United States), 
 201; Mexico, 217; Italy, 290; Belgium, 308; Mex- 
 ican prisons, 207. 
 
 Rules, need of, for officers, XI, xvii; Italy, 280. 
 
 Sailors, training of youthful offenders for, France, 
 260. 
 
 Salaries, xviii; Bavaria, 18; officers, France, 246. 
 
 Sanitary conditions. Saxony, 43. 
 
 Sanitary precautions, xxii. 
 
 Savings funds of prisoners. Saxony, 39. 
 
 Saxony, xii, xx, xxi; superior control, 30. 
 
 Schools for training officers, xx. 
 
 Schools, prison, (Sec "Education.") 
 
 Security, Bavaria, 23; locking, etc., Prussia, 11; 
 Saxony, 37. 
 
 Self-employment, Bavaria, 27; Prussia, 14; Sax- 
 ony, 37. 
 
 Sentinels, Austria, 80. 
 
 Separate confinement (cellular), Germany, 2; 
 Prussia, 10; Saxony, 33; Wurttemberg, 53; 
 Switzerland, 99; Pennsylvania (eastern dis- 
 trict), 181; Mexico (isolated prisoners), 220; 
 France, 231, 233: Belgium, 307. 
 
 Sherborn (Mass.) women's prison, 198. 
 
 Sherifi, North Dakota, 155; sheriff. New Hamp- 
 shire. 
 
 Short sentences, Belgium, 313; France, 233. 
 
 Sick benefits, xvin. 
 
 Sickness, xxxi; Austria, 88; Bavaria, 21, 28; 
 France, 261; Italy, 302; Mexican prisons, 214; 
 Prussia, 15; Saxony, 43; Wurttemberg, 59. 
 
 Sisters, Italy, 279. 
 
 Sleep, Saxony, 42. 
 
 Societies for aiding prisoners, xxii. 
 
 Solitary confinement (sec "Separate"); Wurttem- 
 berg, 56. 
 
 South Dakota, 170. 
 
 South (United States), prisons of, 191. 
 
 Spoils system, x, xiv. 
 
 State account, Belgium, 309; France, 253. 
 
 State Charities Aid Association, New Jersey, 162. 
 
 Statistics, prison, Mexico, 205. 
 
 State prisons, United States, 180, 181. 
 
 Steward, France, 230; Italy, 277; United States 
 Federal prison, 148. 
 
 Stewart, Douglas, 135. 
 
 Stillwater, prison, 182. 
 
 Storekeeper, United States Federal prison, 148. 
 
 Superintendent of prisons. New York, 168. 
 
 Superintendents, Prussia, 5. 
 
 Supervision, by State, x, xxi. 
 
 Supervision of prisons, Bavaria, 20; English, visit- 
 ing committee, 122; France, 232; New York, 169; 
 Nebraska, 169; State board, Pennsylvania, 162; 
 New York, 167; Switzerland (Zurich), 76: with- 
 out control, 166; New Hampshire. 156: Michigan, 
 157; Ohio, 158; Indiana, 168; North Carolina, 
 169; Missouri, 160; Tennessee, 161; Colorado, 161. 
 
 Supervision of jails, Wurttemberg, 67< 
 
 Supervisory board, Saxony, 30. 
 
 Surgeon. (See " Physician." ) 
 
 Surveillance of police, Germany, 2. 
 
 Switzerland, xii, xv, xvi, xviii, xxii, xxxi, 
 XXXVI, 95. 
 
 Syphilis, Saxony, 31, 43. 
 
 Task, daily, France, 254; Saxony, 38. 
 
 Teachers, Austria, 71; Canada, 139; French 
 prisons, 230, 247; Italy, 278; under superintend- 
 ent, Prussia, 7. 
 
 Technical superintendents, Italy, 279. 
 
 Tenure of ofnce, xvi. 
 
 Texas, 179, 192, 194. 
 
 Tlalpani, Mexico, 202. 
 
 Trade Instructor, Canada, 138, 140. 
 
INDEX. 
 
 319 
 
 Trades taught, France, reform school, 264. 
 Trading lorbidden.Wurtteinberg, 55; with prison- 
 ers, XVII. 
 Training school for guards, France, 248. 
 Tramps, Germany, 2. 
 Transfers, Italy, 289. 
 Transportation of prisoners, Bavaria, 30; Mexico. 
 
 213. 
 Trial, persons on, Bavaria, 23; Mexico, 219, 220; 
 
 Prussia, 7. 
 Tuberculosis, xxxii; Saxony, 43. 
 Types of prisons in United States, 180. 
 Uebertretung (German code), 1. 
 Uniforms of onicers, Bavaria, 18; Canada, 136. 
 United States of America, 143. 
 Utah, 171. 
 
 Vagabonds, Germany, 2. 
 Valuables. (See "Property.") 
 Verbrechen (German code), 1. 
 Vergehen (German code), 1. 
 Vermont, system, 154. 
 
 Virginia (control by legislature), 176, 192, 194. 
 Visitation, ofBcial, xxi. 
 Visitors, county boards of, Colorado, 101; board 
 
 of, English convict prisons, 124; State board,. 
 
 Rhode Island, 164. 
 Visiting committee, English local prisons, 122. 
 Visiting commission, Italy, 274. 
 Visits, Bavaria, 24; Prussia, 11, 12. 
 Visits to prisons by strangers. Saxony, 3; Wurt- 
 
 temberg, 54; Holland, 105; England, 119, 127; 
 
 Mexico, 219, 224; Italy, 293. 
 
 Visits of relatives. Saxony, 34. 
 
 Wach, A., 30. — 
 
 Wages, Austria, 83, 87; paid prisoners, Wurttem- 
 
 berg, 58; Wurttemberg, jaila, 69. 
 Warden, xiv; Canada, 130; Federal prison, 144; 
 
 Mexican, 204, 210. 
 Washington, 174. 
 
 Weapons, firearms, Prussia, 7; Saxouy, 33. 
 West Virginia, 176. 
 Widows and orphans of officers, xix. 
 Wilson, W., The State, 5. 
 Wisconsin, prison, 182, 183, 184, 186, 187. 
 Women's reformatory prisons, Sherborn (Mass.), 
 
 198; Hudson (N. Y.), 198. 
 Women, board of visitors, Rhode Island, 164, 
 
 female guards, Italy, 284; Mexico, 221; France, 
 
 231. 
 Women with child, Bavaria, 21; Saxony, 44. 
 Work. (&e "Industry.") 
 Workhouses, Connecticut, 157; New York, 167; 
 
 Norway, 115; United States, 199, 200. 
 Work outside prison, Bavaria, 25. 
 Wurttemberg, xxii, 52 fl, 62. 
 Wyoming, 171. 
 
 Youthful offenders. {See "Juvenile offenders.") 
 Youthful offenders, Belgium, 312. 
 Youthful prisoners, Mexico, 220; France, 234, 238, 
 
 266. 
 Zuchthaus (German code), 1. 
 Zurich (Switzerland), regulations, 90. 
 
HV 9^ill Hi<-9 
 
 Author Vol. 
 
 Henderson, Cfhas. Richmond 
 
 Title Copy 
 
 Modern Prison Systems 
 
 
 
 Date 
 
 Borrower's Name