OUfJ fpRNELL UNIVERSITY LIBRARY 3 1924 079 608 638 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924079608638 In compliance with current copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1992 to replace the irreparably deteriorated original. 1997 €mmll IBttivemtg ^itatg BOUGHT WITH THE INCOME FROM THE • SAGE ENDOWMENT FUND THE GIFT OF anenrg W. Sage 1891 R-.li.T-A.f.AA. z./^/<>..Z... 99«3 SOPHOCLES. PHOTOGRAPH OF THE STATUE IN THE LATERAN MUSEUV IDEAL TYPE OF WELL DEVELOPED MAN. Froniisficce. Prisoners and Paupers A STUDY OF THE ABNORMAL INCREASE OF CRIMINALS. AND THE PUBUC BURDEN OF PAUPERISM IN THE UNITED STATES; THE CAUSES AND REMEDIES HENRY M. BOIES, M.A. MEMBER OF THE BOARD OP PUBUC CHARITIBS, AND OF THE COMMITTEE ON LUNACY OF THE STATE OF PENNSYLVANIA J OF THE NATIONAL PRISON ASSOCI- ATION ; OF THE FENNSYLVANtA PRISON SOCIETY, ETC G. P. PUTNAM'S SONS NEW YORK LONDON 27 WEST TWENTY-THISD STREET 24 BEDFORD STREET, STRAND S^c Untduibochti ^ttsi 1893 ^-l ■Z OZ Copyright, 1893 BY HENRY M. BOIES Electrotyped, Printed, and Bound by Ubc ftnicfterboclicr press, "Rcw ^orfe G. P. Putnam's Sons " FIND OUT THE CAUSE OF THIS EFFECT : OR, KATHER SAY, THE CAUSE OF THIS DEFECT ; FOR THIS EFFECT DEFECTIVE, COMES BY CAUSE." HAMLET, ACT II., SC. s PREFACE. There are four hundred and forty-six charitable, reformatory, and penal institutions in the State of Pennsylvania, inspected at least once each year by its Board of Public Charities. They have a wide variety of objects, methods, management, and in- mates. The view which a member of this Board obtains, therefore, and the impressions he receives of pauperism and criminality are of a very general nature, inducing a consideration of the subject as a whole. Most of the literature of these subjects, on the contrary, is confined to particular and distinct phases of them. I have endeavored in this book to present this general view of the case as it appears in our coun- try ; to emphasize the waste of human sympathy and public funds which results from what appears to be inconsiderate and misdirected methods of treat- ment ; to suggest not only possible improvements in these methods, but radical changes in direction ; and, finally, I have proposed a positive remedy, which, however people may disagree concerning its practicability, I think no intelligent person will deny to be efficacious. vi PREFACE. If the time has not yet arrived, it is certainly approaching fast when the public welfare, the prog- ress of civilization, the elevation of humanity, the regeneration of the race, will be recognized and obeyed as the supreme motive in the social organi- zation, — the final purpose of legislation, as well as of religion and philanthropy. The highest happiness, advantage, and prosperity of the individual, indeed, is only to be secured by such a widening of the scope of public care, as will comprehend and benefit the entire social mass. If the facts and statistics which I have collected in hours snatched from the engrossing cares of widely different pursuits become useful to those interested in philanthropic studies, or tend to give direction to public thought and discussion toward the ameliora- tion of present oppressive conditions, I shall be amply repaid for my labors. I have introduced some illustrations of symmet- rical human development, both ideal and real, as standards to which the abnormal may be compared, and as examples of what is possible in development, " to point a moral or adorn a tale." I desire to gratefully acknowledge the aid and encouragement rendered me in the preparation and publication of this work by Mr. Cadwalader Biddle, Secretary of the Board of Public Charities of Penn- sylvania, Prof. John J. McCook, Hon. Alfred Hand, Rev. S. C. Logan, D.D., Charleton E. Lewis, Esq., Gen. R. Brinckerhoff, Eugene Smith, Esq., Mr. M. J. Cassidy, Mr. Edward H. Hunter, and others ; without which I doubt if I should have had the PREFACE. vu courage or ability to print it in this permanent form. Much of the matter was published in a local news- paper, and the desire expressed by friends that it should be made available for easy reference has been chiefly influential in adding another to the innu- merable list of books which floods the reading public. Henry M. Boies. ScRANTON, Pa., November, 1892. CONTENTS. CHAPTER I. PAGE ABNORMAL INCREASE OF CRIMINALITY AND COST OF PAUPERISM IN THE UNITED STATES ... I The Growth of the Criminal Class Nearly Three Times Greater than the Growth of Population — ^Vicious Immigra- tion, Intemperance, and Unintelligent Laws the Chief Causes — Our Jails Nurseries of Crime — Our Court Penalties Often a Disgrace to Civilization. CHAPTER II. THE CONDITION IN PENNSYLVANIA . . . 9 The Number of Criminals has Increased in a Decade over Fifty per Cent. Faster than Population, the Cost of County Jails More thanFour Times as Fast, and the Public Expendi- tures for State Institutions Five Times as Fast — Local Causes Examined — Importance of the Question — Proper Direction of Reformatory Action. CHAPTER III. THE RECORD OF A SINGLE COUNTY . . 19 Detailed Public Costs of Crime and Pauperism in Lacka- wanna County, Pennsylvania — Appalling Increase — Unnec- essary Waste of Half the Money Raised for Jails and Poor-houses — Costs Compared with Other Counties in Penn- sylvania — Appeal for Local Action. X CONTENTS. PAGE CHAPTER IV. THE NEED OF REFORM BY LEGISLATION . . .26 The Annual Costs of Criminality and Charity — The Evils of General Taxation for Local Purposes — Has the State a Right to Resort to this Policy — Some Figures about the Average Annual Tax and How It may be Reduced — Defective Penal Legislation — Unsystematic and Unconstitutional Methods. CHAPTER V. PHASES OF THE PROBLEM 34 What Is the Solution? — Punishment by Law Absurd — Deterrence, Reformation, and Prevention Proper Objects of Penal Code — Incongruity and Aimlessness of Poor-Laws — True Purpose and Scope — Economy of Correct System Illustrated. CHAPTER VI. UNRESTRICTED IMMIGRATION AS AN ELEMENT IN THIS INCREASE ... ... 42 Alarming Proportion of Foreign Criminals and Paupers — The Necessity and Possibility of National Regulation of Immigration — The Value of American Citizenship and How It should be Protected — The Land of the Bible and the Sab- bath — Necessity of Inculcating American Principles — Appeal to the Church. CHAPTER VIL THE NEGRO ELEMENT OF INCREASE. . . • ^S Remarkable Disparity between the Proportion of Criminals and Paupers from the Negro Race — Probable Causes : Social and Political — Political Status of the Negro in America — Responsibilities of the Government and People — Failure of the South to Remedy the National Evil — Duty of National Government — Importance of This in View of the Future Increase and Position of the Race — Responsibilities of the CONTENTS. XI PACB White Citizen to the Negro — Absurdity of the Prejudice on Account of Color — Necessities of Education and Religion — Elevation or Repression. CHAPTER VIII. THE URBAN POPULATION AS A SOURCE OF INCREASE. 88 Contribution of the Urban Population Compared with That of the Rural — Rapid Growth of Urban Population — The Problem — Its Social Factors in the Three Classes of City Society — Interference with Family Life — Contamination of Children — Neglect of Domestic Duties — Dangers to Youth, of Tenement Life, of the Consolidated Business Systems, of Sabbath Desecration, of Gambling, of Club Life — Evils of Institutional Benevolence. CHAPTER IX. THE URBAN POPULATION AS A SOURCE OF INCREASE — Continued 112 Political Factors of the Problem — Erroneous Principles of Urban Government — Proportion of Urban to Rural Popu- lation — Disparity of Density of Population in Cities — Remedial Suggestions — The Restoration of Equilibrium — Importance of Suburban Facilities of Transit — I. B. Potter's Testimony — Results of Bad Country Roads in New York and Good Roads in France — Purification of Suffrage — Im- provement of the Police Force — Necessity for Increased Religious Effort. CHAPTER X. THE URBAN POPULATION AS A SOURCE OF INCREASE — Concluded . . . . . . .129 Idleness Due to Inadaptation the Prolific Cause of Crime and Poverty — Result of Inability to Meet Novel Require- ments — Industrial Education the Remedy — Polytechnics and People's Palaces — Especial Need in America — Elevate Idleness to its Work, or Transport it to Where it Exists. XH CONTENTS. CHAPTER XI. INTEMPERANCE AS A CAUSE 137 Alcohol as .the PhysioI<^cal Cause of Crime — Proportion of Crime and Pauperism Due to Intemperance — Testimony of Experts — ^Alcohol to be Made to Pay as it Goes — Statistics of Consumption — The Increase of Beer-Drinking — Failure of License and Prohibition — Legislation for Drunkards — State Asylums — Substitutes for Saloons — Educate the Girls to Cook. CHAPTER XII. WHAT IS TO BE DONE WITH THE PRISONER? . 170 Existence of a Large Congenital Criminal Class — Importance of its Identification and Special Treatment — Segregation Essential to Elimination — Special Penitentiaries Necessary — Criminality but Little Effected by Education or Wealth — Crime a Disease — To be Studied and Treated as Such — Evil of the Arrest — Consideration for Youthful Delinquents — Importance of Reorganizing the Penal Code — Results of Reformatory Treatment in Great Britain — County Jails Nurs- eries of Crime — Number of in the United States — Evils of Sheriff Control — Suggested Improvement in Management — Regulations and Diet. CHAPTER XIIL PAUPERS AND POOR-HOUSES 204 Anomaly of Pauperism in the United States — Amount and Cost of It — Causes and Classification — Defectives — Victims of Accident — Hereditary and Incorrigible — Illegitimate Children : Number of and Treatment — Homeless Children —Four Objects of Charity— Out-Door Relief of— Prof. McCook's Report on — E\-ils of — Heteronomic Paupers — Legal Reduction of Their Numbers — ^Almshouse Treatment — County Visitors — Location and Construction of Alms- houses — Discrimination as to Admissions — The Four Motives of Management — Gradation of Responsibility — Religious Privil^es — Conclusion. CONTENTS. XUI PAGE CHAPTER XIV. THE POLICE AS A RESTRICTIVE AGENCY . . .237 Peculiar Importance in United States — Reasons of, and Opportunities for Usefulness — Possibilities — The Personnel — How Chosen — Example of Milwaukee — Organization and Management — Appliances and Facilities — Proper Number of — Co-operation of Different Organizations — Discipline, In- ternal and External — Duty of the People to the Police. CHAPTER XV. DEGENERATION AND REGENERATION . . . 263 Summary of the Results of Investigation into Causes — Universal Abnormality of Criminals and Paupers — A Con- dition, Not a Disposition, Confronts Us — Fostered, Rather than Ameliorated, by Present Methods — Remedy Proposed, Advantages and Objections — Failure of Regenerative Meth- ods in Humanity for Three Thousand Years — Supreme Vital Function of Marriage : Evils of Social Neglect of Its Regu- lation in General and in Detail — Dr. Strahan's Evidence — Threatening the Republic — Principles which should Govern the Regulation of Reproduction — Grandeur of the Results to be Expected — The First Step of Decided Progress in the Regeneration of the Race. CONCLUSION 292 APPENDICES 295 INDEX 311 ILLUSTRATIONS. SOPHOCLES. PHOTOGRAPH OF THE STATUE IN THE LATERAN MUSEUM. IDEAL TYPE OF WELL DEVELOPED MAN .... Frontispiece PAGE VENUS OF MILO. IDEAL TYPE OF WELL DEVELOPED WOMAN .... THE UNION. A GROUP OF DISTINGUISHED AMERI- CANS. PRODUCT OF AMERICAN INSTITUTIONS IN STATESMEN A GROUP OF SYRIANS FROM MT. LEBANON . TYPICAL RUSSIAN" JEWS A GROUP OF SICILIANS A GROUP OF ITALIANS PORTRAIT OF REV. J. C. PRICE, D.D. PORTRAIT OF REV. C. N. GRANDISON, D.D. . PORTRAIT OF HON. J. H. SMYTH A GROUP OF WELL DEVELOPED PURE NEGROES A GROUP OF " INCORRIGIBLES "... PORTRAITS FROM THE ROGUES* G.ALLERY A GROUP OF PAUPERS IN AN ALMSHOUSE 44 48 54 58 62 76 80 86 172 180 208 VENUS OF MILO. JOEAL TYPE OF WELL DEVELOPED WOMAN. PRISONERS AND PAUPERS. CHAPTER I. ABNORMAL INCREASE OF CRIMINALITY AND COST OF PAUPERISM IN THE UNITED STATES. The Growth of the Criminal Class Nearly Three Times Greater than the Growth of Population. — ^Vicious Immigration, Intemperance, and Unintelligent Laws the Chief Causes. — Our Jails Nurseries of Crime. — Our Court Penalties Often a Disgrace to Civilization. The eleventh census of the United States, as it is being published, furnishes statistics of a national growth in numbers, wealth, and general prosperity- unparalleled in the history of civilization. Our own people, if not the whole world, seem to have accepted these marvellous records as indicating the existence on the American continent of conditions and envi- ronments of a national vitality destined to develop here, in the immediate future, the supreme race and people of the world — the consummate flower of humanity. Some of the disclosures made are, how- ever, shocking, if not appalling, in the highest 2 PRISO.VESS AND PAUPERS. degree to our confidence in the future. One of these is the abnormal and disproportionate increase in the criminal class in society. That increase is from I in 3,500 of our population in 1850 to i in 786.5 in iSgo, or of 445 per cent. ; while the popula- tion has increased but 170 per cent, in the same period.' In the last decade, with an increase of 24.5 per cent, in population, the number of the inmates of our penitentiaries, jails, and reformatories has in- creased 45.2 per cent., or nearly twice faster than the general population ! ' This, too, in spite of the enormous multiplication of churches. Christian efforts of all kinds, schools, educational progress, and various philanthropic agencies of an elevating and conservative nature, attended with a lavish expenditure of money and labor. Such a disproportion cannot continue indefinitely without a relapse into barbarism and social ruin. It is more startling because such a state of things does not exist in other civilized nations, as public records show. In England criminal convictions have fallen from 15,033 in 1868 to 9,348 in 1889. In Scotland, from 2,490 to 1,723 for the same years, and in Ireland from 3,084 in 1870 to 1,225 in 1890. During this decade there has been a fair increase in the popula- tion of those countries ; also a considerable growth in wealth ; a notable influx of foreigners from the Continent, mostly of the lower orders, into London > Statistics of the Tenth U. S. Census, and Bulletins Nos. 71, 72, and 95 o/lhe Eleventh Census, ABNORMAL INCREASE OF CRIMINALITY. 3 particularly, similar in social conditions to the mass of emigrants to the United States. The number of imprisonments in France has increased but three- fold in half a century. Such an exposition of the actual foundations for our boasts of the beneficence of free government and American institutions cannot be permitted to continue. This horrid growth must be stopped. It will be when the people, who are the rulers, under- stand the causes and learn how to apply the necessary remedies ; as Bishop Gillespie has well said, " Public abuses do not exist where there is public knowledge." Of course it is understood that exceptional and peculiar conditions have contributed somewhat to increase this disappointing disproportion between the worthy and unworthy in our citizenship. In 1850 our colored population was mostly enslaved, and it was the interest and policy of the slave-holder to keep his property out of the public criminal list by the infliction of domestic punishment and by personal management. But now our colored popu- lation, emerging from the degradation of slavery and naturally prone to cdlow the excitement of liberty to run into license, furnishes over one third of our con- vict class, although it numbers only 7,470,040, about ' one eighth, or 13.5 per cent., of our total numbers.' Doubtless, too, the ignorance and comparative help- lessness of the colored race, with the unreasonable prejudice of white officials, the desire of politicians to disfranchise voters, and of others to secure a greater plenty of convict labor, have unduly swelled ' Census Bulletin No. igg. 4 PRISONERS AND PAUPERS. the number of arrests and convictions among them out of proportion to the actual criminality of the race. Another circumstance peculiar to our country is the almost unrestricted immigration of the lower classes of foreigners from all lands. Foreigners of the first and second generations constitute at present about twenty per cent, of our population. But they furnish more than half the inmates of our reformatories, over one third of our convicts, and nearly three fifths of all the paupers supported in almshouses ! Our paupers, foreign born, or of foreign parentage, equal in number all the white native paupers of purely native origin with the colored paupers taken together ! These figures are derived from Rev. F. H. Wines' report upon the eleventh census, and are believed entirely reliable.' In addition to these extraneous causes may be noted some of a domestic character. First, an unnatural increase of intemperance, which is the first cause of nearly all crime. Whether this is at all due to peculiarities of climate, the fervid, nervous energy of life here, exciting desire for alco- holic stimulus, and the freedom of indulgence which is everywhere possible, as some think, or not, it is certain that the legal or legislative handling of in- temperance has so far been an absolute and complete failure, either in prevention, restriction, or cure. The drink habit is still spreading. Drunkards are increasing in numbers, and no enactments have yet ' Census Bulletin No, 199. ABNORMAL INCREASE OP CRIMINALITY. § been framed which provide a rational and scientific force or authority for dealing with the subject either with a view to prevention or cure. A second cause, of the increase of crime and pauperism is found in the crowding of the people to the centres, or the constant increase of the urban population. Twenty-eight of our largest cities have increased 44.86 per cent, in ten years, while the twenty-eight cities of England increased but 11.2 in the same time. Our total urban population has grown from 12.5 per cent, in 1850 to 27.7 per cent, in 1890, there having been in the last ten years air, increase of 60.5 per cent, in our urban populatiori/n cities of ten thousand and over. The packing of these millions of humanity into blocks and squares in tene- ments means vastly more than the mere crowding of the depraved and criminal together, where they teach and aid one another in crime. It involves the hud- dling whole families — father, mother, and children — into one room, in which to live and sleep in the midst of the uncleanness of beastly poverty and the indiscriminate cohabitation of the sexes. It involves not only the greater temptations to intemperance, licentiousness, and crime, with increased facilities and opportunities, but far worse, the universal disgorging of the children indiscriminately into the streets for air, exercise, and play. In these streets the human tide mingles much as, in the sewers beneath, the pure rains and waters of the service pipes are mixed, compounded, and lost in all the waste and filth of the city, and flow away in a conglomerate uniform flood. So the children of the street soon reach a 6 PRISONESS AND PAUPERS. social and moral equilibrium of a complexion and character not far removed from the death-gendering dregs from which the city must be cleansed. Girls and boys crowd the curb-stones and door-steps late into the night, corrupting one another and familiar- izing themselves with sin before they reach their teens, so that the very source and springs of social life are poisoned. A third cause for the increase of criminals is found in the existing laws for their punishment and the unintelligent manner in which they are administered. In their principles and scheme these laws are an inheritance of mere barbarism, with modified penal- ties. Deprived generally of their chief efificacy by the diminution of the death penalty and continuous durance in their execution, upon the demands of an advancing civilization, they have retained most of the evil effects of false ideas concerning the treat- ment of criminals and crime. Hence they now con- tribute to the increase of both, and tend to nullify the very purpose of their existence. Our criminal court and jail system are a reproach upon our in- telligence, a disgrace to our civilization, an unnec- essary extravagance in our social economy, a curse upon our philanthropy and religion, and an outrage upon humanity. Our jails are conducted as public schools of crime and nurseries of criminals. Into them our constabu- lary and courts hustle ravishers, sodomites, cor- rupters of youth, murderers, burglars, thieves, drunk- ards, prostitutes, and all the foul members of society they can lay hands upon, with children convicted of AStfORMAL INCREASE OF CRIMINALITY. J petty larcenies or of incorrigibility, with detained witnesses, and people accused of misdemeanors or crimes not tried. Inside the walls, comfortably housed, clothed, and fed, supplied with tobacco and cards, with promiscuous intercourse permitted during a part, if not all, the day, the professional criminal and the hardened sinner recount their adventures to an interested audience, and delight to initiate the more ignorant into all the mysteries of iniquity. Incarceration here has no deterrent dread for the "rounder," while the erring one, confined for a first assault, soon becomes assimilated to his com- panions, and joins the ranks of crime. Except for the brief period that the victims are restrained of their freedom of action, our jails are a menace rather than protection to society. These causes sufficiently account for the humiliat- ing and disappointing record of our social develop- ment. It is absolutely essential to the arrest of the serious disease that the potency of each should be recognized, carefully and patiently diagnosed in the light of the present science of penology and soci- ology, if effectual remedies are to be discovered and applied. The subject is one of paramount interest, not only to the sociologist, philanthropist, and Chris- tian, but it reaches and powerfully affects the welfare of every individual member of society, even to those who regard only their own selfish enjoyment, pros- perity, and existence. It demands instant and intel- ligent consideration and immediate action by citizen and legislator alike. Aside from the loss and damage to society entailed by robbery and arson, and the 8 PRISONEJiS AND PA VPERS. waste of life energy of the criminal, the cost of criminal arrests and maintenance is, next to that for education, the largest item of public expenditure, as it constitutes nearly one tenth of the total burden of taxation in the state. CHAPTER II. THE CONDITION IN PENNSYLVAJSTIA. The Number of Criminals has Increased in a Decade over Fifty per Cent. Faster than Population, the Cost of County Jails More than Four Times as Fast, and the Public Expenditures for State Insti- tutions Five Times as Fast. — Local Causes Examined. — Import- ance of the Question. — Proper Direction of Reformatory Action. The statements which we have made upon the disproportionate increase of the criminal class in the United States cannot be dismissed as only of general or national importance, to be dealt with solely by legislators, boards of charity, and philanthropic societies. Their baneful and terrible influence ex- tends to the home and pocket of every individual member of society. The official statistics of Pennsylvania speak on this subject in a language which all can understand. Let us examine and consider them, even if they should proclaim unpalatable or humiliating truth. They are of vital and personal interest to us all. A study of the detailed reports of the Board of Public Charities of Pennsylvania for the years, 1880 and 1890 reveals a very alarming and unnatural increase in the number of criminals and of all other wards supported at public expense. The total num- 10 PRISONERS AND PAUPERS. ber of inmates of the various public institutions in tlie State, on the 30th of September of each of those years, with the percentage of increase in each class, is shown in the following table. Per Cent. 18S0 l8go of Increase Population of State 4,282,891 5,248,574 22.5 Inmates, Penal Institutions 5,449 7,34° 34.7 Defective Classes 6,070 9,712 60. Sane in Almshouses 6,648 6,905 38. Totals, 18,167 23.957 31-8 InCounty Jails, (includedabove) 1,648 2,195 33-19 Committals during the Year 45,842 54.950 19.8 The aggregate of all classes supported and assisted at the cost of the public, including " out-door relief " and reported vagrants, in 1890 was 61,816; one in 84.9 of our population ; about 1.18 per cent. The following table also shows the expenditures of the various penal and eleemosynary institutions of the State during the years 1879 and 1889 respective. Penitentiaries $536,056 $570,857 Reformatories, Workhouses, and Jails 980,016 1.329.353 State and Private Insane Asylums 527.297 1,222,475 Deaf, Blind, and Imbecile Asylums 262,797 439.477 Almshouses 1,193,512 1,184,495 Totals $3,499,678 $4,746,657 An increase of 35.3 per cent, in a single decade. The Huntingdon Reformatorj- and the Norristown and Warren Insane Hospitals were not in operation in 1879. The cdNt>iTtoM in Pennsylvania. ii The cost of county jails alone, was $372,290 in 1880, and $723,013, in 1890, an increase of 94.2 per cent. There was expended in support of all classes, including hospitals, homes, etc., (some of which items were estimated, as accurate returns could not be se- cured) in 1880, $4,480,351, and in 1890, $9,511,970, an increase of 1 10.9 per cent, in a single decade ! It appears, then, from these official tables that the number of criminals has increased in the last decade 54.6 per cent, faster than the population. The cost of county jails has multiplied more than four times as fast, and the public expenditures upon all penal, reformatory, and charitable classes about five times as fast. The cost was equal in 1890 to the burden of a bonded debt, bearing interest at four per cent., of $237,799,250. Such a debt resting upon the Commonwealth would mean ruin and bank- ruptcy. Capital and manufactures would flee beyond our borders from it as though our soil were smitten with the plague. But the incubus is dragging upon the neck of our prosperity just as heavily as though it were a bonded debt, whether we realize it or not. Each year the demands of our charitable and penal institutions grow larger, more urgent, and nu- merous upon the public treasury, as well as upon private benevolence. Our best people seem to de- vote their chief thought to the relief of present dis- tress, without consideration of the causes which produce the growing requirements ; while our law- makers occupy themselves more with projects for increasing the revenues by taxation, in order to provide larger sums to pour into these public sieves, 12 PRISONERS AND PAUPERS. than with the study of measures for stopping the leaks in our social economy. Already the majority of our people, the tillers of the soil, complain that the burden of taxation is greater than the wide and fruit- ful acres of their grand domain can bear. Hence they are striving to shift its weight upon the shoulders of commerce and manufactures, which will surely slip from under it far easier than they imagine. If relief is necessary for our farmers, it must come from a wiser economy of expenditure, a diminution of the needs of a philanthropic social organization, by intelligent legislation calculated to remove the causes and cure the diseases which afflict society ; rather than by a lavish extravagance of appropria- tions wrenched from other sources. Indiscriminate public charity nourishes and cultivates public pau- perism just as certainly as indiscriminate private charity increases mendicity. The increase in the number of convicts in Penn- sylvania has been quite as great as the general increase in the nation ; and this, too, notwithstanding the fact that our foreign-born population is only about i6 per cent, and our colored population only 2.09 per cent, of our total numbers." These two prolific sources of criminals in the country at large must be, therefore, practically eliminated from our consideration of the causes of the increase in our own State. The population of our cities having 10,000 or more inhabitants has increased in the last decade 35.6, which is just .9 per cent, more than the increase of criminals in the State.' We are con- • Census Bulletin No. 1S3. » Census Bulletin No. 165. THE CONDITION IN PENNSYLVANIA. 1 3 strained, therefore, to the conviction that very grave and serious reasons exist in our domestic administra- tion and our social conditions for this unenviable prominence of criminal growth. It may be observed that the cost of our county jails has increased over 94 per cent, in ten years. This aggregated in the 69 county jails $723,013 in 1890, an average weekly cost per prisoner of $4.19, with a range for the individuals of from $7.51 to $2.03. The inspection of the Board of Charities reveals an almost total disregard in all jails — managed, as most are, by county sheriffs — of any consideration for the reformation of the prisoners, or moral preser- vation of the falsely accused. These jails permit a promiscuous and unrestrained commingling of the most depraved and vilest professional convicts with children, accused persons, and detained witnesses without let or hindrance. In many cases even sexes are not separated. Total idleness of inmates, with double beds, and two inmates of the same cell at night seem to be the rule. There is a general lack of regular chaplains, of religious or moral instruction, or of even philanthropic visitation. Unrestricted visitation by outside friends and companions, and supply of depraving papers, literature, cards, tobacco, and often liquor, are permitted. In short, there is an utter absence of all conservative and reformatory influences, a prevalence and activity of almost every means of corruption ; which must inevitably result in the confirming of all inmates in a criminal course of life. 14 PRISONERS AND PAUPERS. A single case, which is vouched for by the author's personal inspection, is believed to be a fair type of the jails in the State and country. A recent visit to the jail in Sunbury, which is reckoned one of the best in the State, disclosed the circumstances and privileges of fifty-four inmates of all classes. Among them were two bright, nice- looking boys, one thirteen and the other fourteen years old, who had been incarcerated already two months, and would have to remain two months longer before trial. They were accused of stealing four bottles of ginger-beer ! Another boy of sixteen years was waiting trial for attempted rape — a depraved and vicious-looking wretch. In the female department, which was merely separated from the male corridor of cells at one end by a wooden partition, through which access was had to it, there were placed six females. Here was a Polish woman with her three children, all under ten years of age, none of whom could speak or under- stand English, indicted for selling liquor without license ! Probably the poor creature had never so much as heard of a license. Here in one cell, to which all had access, lay a woman apparently dying of syphilis. A good-looking fourteen-year-old girl, confined as an " incorrigible," and three other hard- looking creatures completed the complement. The two boys and the budding girl had been com- mitted by the same " Justice," whose elevation to office would seem to have added quite an increment to his original want of sense. These may be taken THE CONDITIOlf IN PENlfSVLVANtA. 1 5 as specimens of the life placed in durance in this public institution. Now can there be any doubt but that this whole body of fifty-four inmates will be as hopeless crim- inals as the worst among them before three months shall elapse ? If any are not, they will be miracles of grace, triumphant over a most adverse system. This is not an abnormal or even an unusual condition in Pennsylvania jails, as even a casual visitation will reveal. Nor can the chief blame be laid upon the jailers, many of whom do the best they can with their perplexing charges and inadequate provision and powers. The fault is in the system which makes possible such a foolish and fatal administration. Judges and justices plunge children into these hot-beds of vice, apparently without thought of consequences, or be- cause no alternative is left them in their clearance of court duty. Those who have fallen under penalty of law for a first or trivial offence are huddled indis- criminately with hardened villains, and left indefi- nitely often, where scarcely a single hand is stretched out to save or help them. It would seem that philanthropy even exchanged hope for despair at the portal of a county jail. Another fruitful source of criminality in our State is the growing laxity of parental discipline and care. Children are turned over more and more to secular and Sunday-school teachers for training and religious instruction. Warden Brush, of Sing Shig Prison, who has given much study to penology, and has had 1 6 PSlSO/fERS AND PAUPERS. long experience with prisoners, in an admirable paper read at the last Prison Congress, gave as the cause which sends most men to prison " the lack of family discipline." Children on the streets, in the saloons, brothels, and places of public amusement, neglected at home, can hardly fail of moral ruin. It is impossible to say whether unrestricted liquor selling has contributed to any disproportionate in- crease of intemperance in this State, or whether the utter lack of intelligent legal dealing with drunkards differs with us from that existing elsewhere. Cer- tainly we are no better in that respect than are others, and we may discover in our inadequate statutes concerning drunkards a sufficient reason for their increase in numbers and general failure to reform. Much too is doubtless due to a very general miscon- ception of duty which prevails among the officers of the law, the constabulary and police, who are apt to regard themselves simply as agents for the appre- hension of criminals rather than for the prevention of crime, which is the real and main purpose and object of their office. Doubtless also our very increase in wealth and material prosperity, making prominent before the eyes of all classes of our people a liberality of expenditure and luxury of living here- tofore unknown, has excited cupidity, envy, and desires for indulgence, which cannot be honestly satisfied. In confirmation of this, we find that over ^6 per cent, of the crimes punished in our peniten- tiaries were against property, and only 24 per cent, against the person. THE CONDITION IN PENNSYLVANIA. 1? We will consider causes more fully in connection with projects of remedy hereafter. It is desired first to arouse public attention to the fact that our present methods of dealing with crimes and criminals are a monstrous and dangerous failure. The number of the indigent and defective classes has increased over 30 per cent. — that is, about 8 per cent, more thim our population (almost i per cent, per annum) ; and almost the entire increase of the amount expended upon all classes has been in support of charitable institutions of various kinds, making evident as impressive a failure in our man- agement of the dependent classes as appears respect- ing the criminal classes. The flood of crime must be checked, and the number of criminals diminished ; a more intelligent and economical support of depend- ants inaugurated, or our social and civil organization must of necessity crumble into chaos. It is impos- sible that this disparity of criminal and pauper increase should continue indefinitely, or even long, without disaster. This is not a figure of speech, but a mathematical verity, as certain as the multipli- cation table. Christianity and philanthropy have been anxious, exercised, and diligent in the amelioration of the condition of the poor and the prisoner ; but it would appear that the exigencies of this noble work had so completely absorbed attention as to obscure and distract thought from the grander object of reducing their numbers by operating wisely to diminish the causes of poverty and crime, and to restore the pauper and criminal to a self-supporting, honorable. l8 PSISOIfERS AND PA UP ESS. and productive condition in society. The inspec- tions of the Board of Public Charities show now, however, that the indigent of the State are well pro- vided for, and that its prisoners are everywhere treated with humanity and kindness. Under its careful supervision there has been a constant improve- ment and progress toward excellence in the manage- ment of public institutions of all kinds, and even solitary instances of bad or brutal treatment have become exceedingly rare. The popular tendency indeed is to coddle the jail-bird, so that in many jails he fares better than when he is free. The time has come to govern the methods of treatment by princi- ples which will discourage pauperism and crime and decrease their burden upon society without inhumanity. The facts thus inadequately stated, which are, with complete details, preserved in official docu- ments and buried in both annual and special reports in every State, certainly suggest a subject of national proportions and of vital concern to every intelligent citizen. Our issue is not with the Commonwealth of Pennsylvania alone, for the burden and danger involves the whole nation. In the following chapter the facts as they appear in a single county will be given as an illustration of what may be found by the earnest inquirer generally. The truth brought to the light will show that we have pressed upon our attention questions of the most serious consequence. CHAPTER III. THE RECORD OF A SINGLE COUNTY. Detailed Public Costs of Crime and Pauperism in Lackawanna County, Pennsylvania. — Appalling Increase. — Unnecessary Waste of Half the Money Raised for Jails and Poorhouses. — Costs Compared with Other Counties in Pennsylvania. — ^Appeal for Local Action. If the condition of the nation at large is alarming in respect of the increase of criminals, and of the State quite as disturbing as that of the nation, our in- terest in the subject may be localized and intensified by a detailed comparative statement of the percentage of increase in one county in the last decade. Many will be shocked to learn that bad as the foregoing tables have appeared for the nation and the State, the showing of Lackawanna County in detail is much worse than that of the State as a whole even, as appears from the following figures taken from the reports of the Board of Public Charities for 1880 and 1890 for Lackawanna County. It is probable that a similiar examination would disclose similiar conditions existing all through the country. 19 20 PRISONERS AND PAOPERS. Inmates of Jail and Almshouses in Lacka- wanna Co., Pennsylvania 1880 .S •si ll 1890 u V .£ «• .s§ 1 s '3 »4 e »-( c V U V p. 3 In County Tail 3 6 4 135 18 61 20 75 II 8 231 11 53 62 27 14 II 3 31 495-6 $3.82 In Blakely Poorhouse. . . In Carbondale Poorhouse In Hillside Poorhouse. . In Northern Luzerne Poorhouse In Ransom Poorhouse . . Total 224 314 86 78.S The increase of the population during this decade has been 59.1 per cent., which is a greater increase than is shown in the number of paupers, but less than one eighth the increase of criminals. The in- crease of the cost of maintaining the paupers of Lackawanna County has, however, been excessive, like the numerical increase of criminals, and presents a very discomforting comparison for the considera- tion of the frugal and industrious. The cost of the support of paupers in Lackawanna County, including " out-door relief," with the aver- age weekly cost in 1890, is shown in the following ' The number maintained in other institutions by the different Poor Boards is not given in the report for 1880. THE RECORD OF A SINGLE COUNTY. 21 table, together with the percentage of increase in the decade. POORHOUSE l88o 1890 Per Capita Cost per Week in 1890. Blakely $4,221 4,459 33.407 992 10,622 $9,629 4,727 74,738 2,450 12,609 $3.04 5-54 3.62 2.64 2.26 Carbondale Per cent. of Increase Hillside Northern Luzerne Total for Lack. County. . Cost of County Jail $53,701 8,307 $104,153 20,547 $3.82 93-9 147-3 Total $62,008 $124,700 The population of Lackawanna County in 1890, according to the census returns, was 142,008, of whom those of foreign parentage numbered 54,760, or 38.6 per cent.' The number of taxables recorded in the County Clerk's office for 1889 was 59,373, and the assessed valuation of property in the county in the same year was $23,333,058. The cost of supporting the county poor and prisoners during the year was then a tax of 5.3 mills upon eveiy dollar of valuation, and equal to a per capita tax of 82.8 cents upon each man, woman, and child in the county, or of $2.10 upon every taxable recorded for the preceding year. The average weekly cost of prisoners per capita in this county jail is $1.79 in excess of the well ' Census Bulletin No. 183. 22 PXISOJVJEXS AND PAUPERS. managed Allegheny County Prison, where it is but $2.03 per week. Even in Philadelphia County Prison the weekly cost is but $2.39. The weekly cost per capita of the maintenance of paupers in the State ranges from .78 per week in Centre County, where it is least, up to $5.54 in Carbondale Poor- house, one of the most expensive in the State. The foreign population of this county, which in 1880 was 30.1 per cent, and in 1890 was 38.6 per cent, of the whole population, furnished over 70 per cent, of our paupers. If the same proportion exists as shown in the United States census for the whole country, they have furnished over one third of our convicts. No colored convicts or paupers are reported in this county, although the colored popula- tion numbers 357.' An examination of these state- ments certainly discloses both a shocking increase in criminality, and a wasteful extravagance in the cost of maintaining our poor, which demand immediate attention and remedy. Allegheny is a city of 104.967 people, — a city lit- tle greater in numbers and very similar in elements to Scranton, the county seat of Lackawanna. Its 244 paupers were sustained in the Allegheny City Home, a well-designed and admirably managed in- stitution, eight miles from the city, during the year 1890 at a weekly cost of $1.45 per capita. A good farm furnishes employment and much of the provi- sion for its inmates, who also do most of the neces- sary work of the institution, and make most of their own bedding and clothes. ' Census BtUUUn No. 183. THE RECORD OF A SINGLE COUNTY. 23 The grounds about the City Home are pleasant and tastefully kept. The buildings are always neat, in good repair, and orderly ; the inmates well-fed with plain, well-cooked, and neatly served food. They are apparently as contented and satisfied as it is desirable for them to be. Its department for the insane on the female side is as comfortable and home- like as any similar institution need be made. The management of the institution leaves very little to be suggested in the way of improvement ; while the condition of the paupers is quite as comfortable and pleasant as it ought to be. The weekly cost is abundantly sufficient to secure the best results. At Pittsburg City Farm the weekly cost per capita in 1890 was $2.05 ; at the Luzerne County Home, $2.26 ; at the Blockley Almshouse, in Philadelphia, but $1.27; at the Schuylkill County Almshouse, $1.92. Indeed in thirty-one, out of the seventy-one poorhouses in the State, the weekly cost was less than $2.00 per capita. If the weekly cost of the paupers of Lackawanna County had been no greater than that of the Alle- gheny County Home, the burden of our poor-tax might have been reduced over one half, — that is, instead of $104,153, it might as well have been $52,057. It will be noticed that the highest weekly cost occurs in the Carbondale, Blakely, and Northern Luzerne poor- houses, the last situated near Clark's Green. Yet it is evident that in these the inmates receive far inferior care and live in much less comfort than in the Allegheny City Home. Five institutions, with five farms, five superintendents, all with their hired 24 PXISONESS AND PAUPERS. staffs, are all employed to accomplish what could be done in a much more satisfactory manner in one in- stitution, on a single farm, with one superintendent. The proceeds of the sale of four of these farms and improvements would, probably, be sufficient to pro- vide ample and suitable accommodation for all their paupers in one place. Some wise legislation, with intelligent management, might effect a reduction in our taxation, which would be a sensible relief to the whole people of our county. Wherever in this State all of the paupers are cared for in one institution, the results are the most satisfactory, both in their phil- anthropic and economic aspects. At the same time, the same number of criminals in our jails could have been maintained at the average weekly cost of those in the Allegheny County Jail (viz., $2.03), which would have saved $10,054 in the last year. Thus we find through these evident facts an actual and unnecessary waste, in one year, of $62,091 in the maintenance, in one county, of its prisoners and paupers ! This inexcusable loss is only emphasized if the results of the system are com- pared with the administration of other counties in the State. Schuylkill County supported 129 prison- ers in 1890 at a weekly cost of $2.43; Dauphin County, 73 at a cost of $2.63 per week ; Montgomery County, 66 at a cost of $2.36 ; Northumberland, 64 at $2.30.' Wardens, appointed to serve during good behavior, govern all of these jails, except that of Dauphin, and convicts are made to earn as much as possible of their own subsistence. ^ Report of the Board of PublU Charities, StaU of Penna., 1890. THE RECORD OF A SINGLE COUNTY. 2$ Thirteen of the sixty-nine country prisons sup- ported their inmates on "less than $3 per week; and twenty-six at less than Lackawanna County in 1890; our 62 convicts in the Eastern Penitentiary cost the county but 66 cents per week." Ranking as the fifth county in the State in wealth and population, having for a county seat the fourth city in the Commonwealth, our penal and charitable institutions, and their management, fall far below the degree of excellence which we are entitled to expect. Our citizens have earned a reputation for intelligence and progressive public spirit, which is not consistent with their neglect of these important subjects. We have not only been inattentive to the increase of our criminals, but heedless of the unnecessary cost of their maintenance, until the consequences have as- sumed proportions which would seem to require instant and skilful treatment. There is no imagin- able good reason why these expenses should exceed the average of the State. It should be expected rather, that our institutions should be models for the rural sections to imitate, as are those of Philadelphia, Pittsburg, and Allegheny. ^ Report of the Board of Public Charities, State of Penn., 1890. CHAPTER IV. THE NEED OF REFORM BY LEGISLATION. The Annual Costs of Criminality and Charity — The Evils of General Taxation for Local Purposes — Has the State a Right to Resort to This Policy — Some Figures about the Average Annual Tax and How It may be Reduced — Defective Penal Legislation — Unsystematic and Unconstitutional Methods. The Legislature of Pennsylvania has appropriated during the last ten years for the criminal class, together with so-called charitable objects, the fol- lowing amounts: For the Insane $2,oi6,gg5 For the Deaf and Dumb 1,494,447 For the Blind 535, 000 For Feeble-Minded Children 747, 500 For Hospitals and Miscellaneous Objects. .. 2,145,280 Poor Boards and Directors have Expended. . 16,444,002 This Makes a Total Expenditure for the De- fective and Dependent of $23,383,224' During the same period the Legislature appro- priated : Upon Penitentiaries, Reformatories, and Houses of Refuge $4,241,878 And Counties Expended upon Jails and In- mates 5,849,884 Making a Total for the Criminal Class $10,091,762 ' ' Reports of the Board of Public Charities of Pennsylvania, 26 THE NEED OF REFORM BY LEGISLATION. 2/ Thus we have a grand total of cost to the people of the State, for both classes, of $33,474,986. The actual cost of the criminal class, however, must include a much larger sum, impossible to be accurately stated ; including that which is expended in the detection, arrest, and trial of prisoners ; with expenses of constables and courts. It ought to in- clude also the loss and damage inflicted upon society by the crime and predatory habits of the criminals. The mere statement of these enormous sums must impress every intelligent observer with the conviction that they are out of all proportion to the benefits derived by society from their expendi- ture. The public certainly receives no adequate value for its money. In preceding chapters we have endeavored to indicate how proper legislation may reduce alms- house and criminal costs. Let us now consider the possibility of reduction in these other items of expense by the correction of improper legislation. Much of this is the result of a false popular opinion and understanding as to the proper objects of State appropriations, and much to an unnecessary and wasteful cost of maintaining proper objects. One might conclude that our people had become I confused as to the real idea of government. The object of government is the protection and benefit of the governed in this country. Taxation should be submitted to only for the securing of these objects, promoted with intelligence and executed with true economy. State institutions for criminals under long sentences or confined for reformation 28 J'JilSONESS AND PAUPERS. are evidently correct in design. Because in such institutions only can economical arrangements be made for proper employment and self-support, systematic treatment had with a view to reformation, ^ or a careful determination made as to the proper time and method of restoration to liberty. So also are the State institutions for the insane, the deaf and dumb, the blind and weak-minded, composing unfortunate classes which can be best cared for in this way and treated by themselves, with special adaptations, methods, purposes. For competent superintendents, medical specialists, and attendants are not found in sufficient numbers in the general county institutions to warrant in them the expecta- tion of successful care of these classes. They have come to be wisely regarded as the wards of the State, to be cared for by legislative appropriation. For them the State must provide. Hence the mini- mum of cost must be secured by wisdom and econ- omy in the management of. all the institutions designed for their treatment. In the insane hospitals probably over 75 per cent, of the 7,649 inmates on the 30th of September, 1891, could be occupied, advantageously to themselves, with useful labor, so that they might contribute a large portion of the cost of their own maintenance. This has been demonstrated to be the case in many institutions, both in this country and abroad. One of the most painful impressions made upon a visitor to our hospitals for the insane, is the absolute idleness of the inmates ; who sit and lie about the corridors and rooms, day after day, week after week, THE hTEED OF REFORM B Y LEGISLA TtON. 29 year after year, with absolutely nothing to do, or to occupy their attention, — nothing to distract their diseased minds from their own misery. This en- forced idleness arid confinement transforms, for them, what should be a pleasant home and retreat, into a prison ; escape from which becomes their constant longing, and their almost universal appeal to every one from the outside world. Productive labor would be for them as grateful and useful an agency of cure, as it would be a measure of economy to the taxpayer. The institutions for the deaf and blind are intended and used chiefly for the education of these classes, and their preparation, while young, to sustain them- selves independently outside. But they can, and in some cases they do now, largely reduce their ex- penses by the work done by the pupils or inmates. To wise management therefore we must look for the economy of maintaining the defective classes. Public attention has apparently been so intently di- rected toward securing adequate and comfortable care for them, that now, when it appears that this has been secured, it rests satisfied, as though its full duty were discharged by protecting them from want and suffering, whatever it may cost. As a matter of fact, what has been solved is but the primary and simplest part of the problem. How to restore the largest number to independence as members of so- ciety, how to restrict with humanity the propagation and natural increase of defectives, so as to keep these classes at their minimum, and how to properly care for those necessarily supported at public cost with 30 PRISONERS AND PAUPERS. the smallest possible burden upon the public, are now the vital questions of government concerning them. These ought now to be the subjects of phil- anthropic study. A saving of at least a million dollars a year of the present annual expense in Pennsylvania could cer- tainly be effected, with an increase of comfort to the dependent classes, if the best methods should be employed in their treatment. Legislative appropria- tions for hospitals and miscellaneous charities have averaged, during the last ten years, $214,528 per an- num, increasing in amount at each session, until the session of 1890, which voted the princely sum of $690,745 a year for 1891 and 1892 for these purposes ! The pernicious practice termed "log-rolling," which has prevailed so pertinaciously in Congress in regard to public buildings and improvements, seems to have crept into our State Legislature. Every Assemblyman and Senator appears to have been emulous to carry back to his constituents as large an appropriation as possible, in evidence of his ability, and even to have been willing to vote for any mem- ber's " little bill " who would vote for his. Philadel- phia and Allegheny, having the most numerous representation, of course got the largest slice of this luscious legislative melon ; but most of the important delegations secured at least a bite. Many of the institutions aided have had cunningly coupled to their names the worthy title " of the State of Penn- sylvania," to give color to their claims, although their sphere of operations is manifestly local It must be evident to all that unless this leak can TttE NEED OP REFORM BY LEGISLATION. 31 be stopped decisively and speedily the limit of sup- portable taxation must soon be reached. But the imminence and magnitude of this danger are not the only or even the most important reasons' for checking it. Appropriations to hospitals and local charities of actual, real, unsectarian, and unde- nominational organization, if made by a two-thirds' vote of the Legislature, may not be contrary to the letter of the constitution, but they are certainly con- trary to the spirit of that constitution, and in viola- tion of sound, fundamental principles of popular government. As corporations have no souls, so the supreme corporation among American institutions, the State, is incapable of charity. It cannot exercise benevolence. This is a natural impossibility for the State. The so-called " charitable institutions " which it maintains are wrongly named. The purpose of the State may be called a selfish one — that is, to pro- tect the mass of the governed from injury from de- fective and irrational members in the most economical manner. These institutions are managed by paid officials, who serve primarily for wages without charitable motive, while the recipients of their care receive and demand their benefits as a right rather than a kindness. Whatever is necessary to protect its people from external or internal injury, that the State may do. Whatever will promote the highest prosperity • and happiness of the people as a whole, that the State may assist and encourage. As she levies her taxes with an impartial hand upon all alike, so she must expend them for the benefit of all. 32 PRISONERS AND PAUPERS. She has no right to exact money from the mer- chants or manufacturers of Philadelphia to expend upon injured miners in her coal fields ; or to tax the farmers of the Cumberland to take care of the suf- ferers among the iron mills of Allegheny or to bind up the wounds of her railroaders. What law, hu- man or divine, requires the citizens of Scranton to contribute to the cure of a sick Philadelphian or for a surgical attendance upon a citizen of Pittsburg? Hospitals and all kindred local institutions, Homes for the Friendless, and the like are useful within a limited area, and are to be supported and maintained by the community which is benefited by them. No community is obliged to impose upon itself a larger expense for these purposes than it can afford, nor to appeal, under ordinary circumstances, until it has exhausted its own resources, to strangers and the outside public for assistance. A reliance upon others to materially diminish the burden of local duty, de- grades and diminishes the Christian charity of the community, and inflicts injury instead of benefit upon its society. The voting of State aid to local charities, therefore, not only violates the fundamental principles of free government, but inflicts a serious and subtle injury upon the community which re- ceives the donation. There is no doubt from the wording of the new constitution that its framers intended to prohibit State appropriations to local charities, except in emergencies ; but the ingenuity of the modern politician has devised a way to evade the intention. Hence, on the plea of charity the average annual tax upon society in Pennsylvania for THE I^EED OF REFORM £V LEClSLATtON. %% the last ten years has been, as shown above to be, $3,347,498. Of this amount over $214,528 annually went to local objects. Yet the last session increased this sum to $690,745. Suppose by wise economy and judicious manage- ment the support of the insane, and of jails and alms- houses, were reduced 50 per cent., which is quite possible and practicable, we think we should thus effect a relief from taxation of $1,215,543 ; and adding the amount wrongfully given away to local objects, $1,430,071 (together with the apprehension of un- limited increase of the last item). The statesman who should accomplish a reduction of almost 50 per cent, in the burden of taxation, while conferring a positive benefit upon the social organization, ought to achieve lasting renown, and certainly would deserve the gratitude of his fellow-citizens. CHAPTER V. PHASES OF THE PROBLEM. What Is the Solution ? — Punishment by Law Absurd — Deterrence, Reformation, and Prevention Proper Objects of Penal Code — Incongruity and Aimlessness of Poor-Laws — True Purpose and Scope — Economy of Correct System Illustrated. We have thus far considered the convict and dependent classes in the aspect of a present and an abnormally growing burden upon society. We have proposed a serious problem for popular solution, and have appealed to an economic and selfish motive to excite a general interest in its study. Christ said, " The poor ye have always with you," and the voice of human nature proclaims with equal truth that the wicked will never " cease from troubling " on this earth. Criminals and paupers will probably always exist in the widely varying gradations of humanity ; and Christianity, philanthropy, and political economy alike impose the duty and necessity of helping the weak, sustaining the incurable, and raising the fallen. A professional criminal is a beast of prey constantly endangering society. As the class cannot be exter- minated, we must look to protective measures for security from the obdurate, and to preventive and 34 PRASES OF TffE PROBLEM. 35 reformatory influences to diminish as far as possible the numbers of the class. The burden of pauperism must be lightened by a wise economy of necessary expenditures, made in support of the helpless poor, by affording all an opportunity to contribute to the extent of their ability towards their maintenance ; chiefly by a united effort of the independent mem- bers of society to restrict the constant reproduction of the dependent and defective, and to stimulate and assist the weak, the incompetent, and unfortunate' to avoid a public support. Can this be efficiently done? When we attempt to descend to definite practical measures, we are reminded that the best doctors often disagree as to the remedies, even when entirely agreed as to the disease and the end sought. While careless and thoughtless politicians are al- lowed to invent and enact shortsighted or unintel- ligent plans to remedy the most flagrant evils, under a " penny-wise and pound-foolish policy," or to waste their time and the people's money in stopping spigot leaks to neglect of the open bung-hole, little can be expected of value. Our whole system of criminal and pauper legislation needs a complete revision, in order to bring it into conformity with the new principles evolved by the experience of ages and brought to light by the science of modern civili- zation. Reformation must begin with the laws. Those principles which came into existence as the means of enforcing the power of rulers, have become the palladium and bond of modern society, the very essence of its government. The principles which 36 PRISONERS AND PAUPERS. were reduced to practice in an age of ignorance and ^ barbarism, no longer apply in our advanced social conditions. The idea of the mere legal punishment of crime, for instance, upon which our penal legislation is based has been found fallacious in theory, false in principle, absurd in practice, and almost a total fail- ure in results. God, the Creator and Ruler, has reserved to himself the sole power of determining the exact degree of blameworthiness in huinan trans- gressions of both divine and human law. He alone is capable of inflicting a just and proper punishment upon the transgressor. All human attempts to usurp this prerogative are acknowledged parodies on jus- tice, even as it is understood by mankind. He who steals a loaf of bread to feed his starving child, ac- cording to human law, is just as real a thief, and must suffer as mercilessly the penalty, as he who violates the most sacred trust to gratify a morbid appetite. The penalties of crime have been greatly diminished in severity within the present century, and various crimes distinguished by degrees of guilt with distinct penalties ; but the inequality and in- justice of punishment becomes only more and more glaring thereby. With moral culpability, and its . punishment, human law can properly have little, if anything, to do. Its proper object and purpose is the protection of society. The chief province of penal legislation is confined, we think, by nature to the control of the criminal for the general security, and to his reformation as a preventive and economical project. PHASES OF THE PROBLEM. 37 These purposes, however, have small recognition in our penal codes, which are chiefly a blind and blundering attempt to prescribe the method of ex- piating particular transgressions by the imposition of various amounts and kinds of suffering — imprison- ment for ten days, thirty days, sixty days, ninety days, six months, one year, eighteen months, two years, five years, ten years, in the discretion of the judge, for certain named crimes, as though it were possible for the criminal to measure off his criminality in just such regular amounts as would require the specified days, or months, or years, or for different criminals to deserve the same penalty for similar crimes, or to be equally punished by imprisonment, where some would enjoy a comfort, and even luxury, of living in idleness, which they never could attain at liberty, and others find utter blasting ruin and misery. Our present legislation ought to be reorganized upon the principle of confining the criminal at self- supporting labor, in healthful but not agreeable quarters, until he ceases to be a criminal, or dies ; also of keeping him so separated from others in con- finement that he shall neither receive nor impart contamination. First offenders, on the other hand, should suffer such inflictions as will discourage repetition of the offence, without running any risk of being criminalized by confinement. In short, the scheme of the penal code should be deterrent, reformative, and preventive, instead of punitive. The purpose of the judiciary should be equally the protection of society and the restoration 38 PRISONE/tS AND PA UPERS. of the convict to an honest independence of life, rather than a vindictive meting out of penalty for crime. William Tallack states that an intelligent public and official recognition of correct principles in dealing with criminals has abolished six out of seven jails, and a large percentage of convicts, in the county of Gloucester, England.' There can be little doubt but that similar results will follow in every community. They have universally followed in other counties and countries where they have been adopted wholly or in part. The penal laws of this country greatly need a complete remodelling and codification. For the decrease of the burden of pauperism, legislation, public intelligence, and effort are neces- sary. Our poor-laws are incongruous, generally intended to provide for obsolete conditions, and framed to maintain the needy, rather than to assist and enable such to maintain themselves. Without harmony with themselves, they are confusing and wasteful by their multiplicity, and false in their purpose and scope. They require to be conformed to the new status of society, with the manifest object of reducing both the number of dependants and the public cost of their maintenance. They should be based upon the biblical principle that " if a man will not work neither shall he eat." Every one receiving public aid should contribute, to the extent of his or her ability, to his or her own sup- port ; society only being called upon to supplement to the extent of the actual inability. This can be ' Penological and Preventive Prineiplcs, p. 33. Phases of the problem. 39 best done and most economically by gathering the paupers into homes, or almshouses, by themselves. One county house only should be maintained in each county ; with sufficient farming land about it to raise all iirticles of food which can be economically produced in the section with the labor of the inmates. A county overseer of the poor should be appointed by the county court, or selected by the people, with sufficient salary to enable him to devote his entire time to their care ; to hold office for not less than five years, or as long as efficient. His certificate should be necessary to secure public assistance. In this country, where work is always to be had, it should be his first duty to bring self-supporting work to the needy, either outside or inside the county house, and to see that none suffer through misfortune or adversity ; and second, to enforce the best methods of managing the county home. Annual conventions of county overseers should be provided for mutual consultation and instruction ; and a State official, or overseer of the poor, should be appointed, to whom all should report and be sub- ject. When similar officers shall have been provided in other States, annual conventions of such officials should be held for the study and consideration of plans for the decrease of pauperism and the manage- ment of paupers. In agricultural districts the county farms should be model and experimental farms, for the test and development of methods of farming and breeds of stock for the public benefit, so that the community may receive some return for the cost of their maintenance. 40 PRISONERS AND PAUPERS. By such a general organization excessive costs, due to ignorance and inattention, would be reduced, and the expense of all institutions be brought down to a minimum. In 1890 the various poor-directors of Pennsylvania expended $1,782,849, more than half of which great sum was worse than wasted, in that its expenditure, even when made for the legitimate support of the poor, probably tended to increase instead of curing the evil upon which it was administered. The enactment of a general code, conferring general powers of regulation, administra- tion, supervision, and audit upon a State Board, would undoubtedly greatly reduce the weekly cost of maintenance, and inaugurate measures to reduce pauperism to a minimum. A wise and comprehensive poor-law, embodying most of these features and re- pealing all the rest of the confusing and antagonistic legislation of the State, was reported to the last Legis- lature after a very full and careful study of the whole subject at home and abroad. This was done by an able commission appointed by Governor Beaver, of which our late distinguished fellow-citizen, Hon. Lewis Pugh, was chairman. There is no doubt its enactment would have accomplished all the good results possible at the present time from legislation. It would have effected a saving to the people of at least one million dollars a year in taxation. The politicians and poor-directors, however, who now have the handling of this great sum, by a general movement upon legislators, were able to prevent even a consideration of this wise and humane law, either by the Legislature or by the public. PHASES OP TJffE PROBLEM. 4' With some slight amendments of detail, retaining supervision by the Board of Public Charities, etc., it ought to be enacted without delay. The people must interest themselves in this as well as in the measure so longed urged by the Board of Public Charities, which removes the sheriffs from the charge of jails, or there can be no cure of the cancer which is sapping the vitals of our prosperity. CHAPTER VI. UNRESTRICTED IMMIGRATION AS AN ELEMENT IN THIS INCREASE. Alarming Proportion of Foreign Criminals and Paupers — The Necessity and Possibility of National Regulation of Immigration — The Value of American Citizenship and How It should be Pro- tected — The Land of the Bible and the Sabbath — Necessity of Inculcating American Principles — Appeal to the Church. Having indicated how materially taxation may be reduced by wise legislation and improved manage- ment of public institutions, let us now consider whether the numbers to be supported at the public expense may not be so reduced as to effect even a greater economy. In this connection it is to be remembered that the transfer of an individual from a class supported at the public expense to the class of self-supporters, benefits society not only by the relief from the burden of maintenance, but by the value of his productive effort, which, besides afford- ing the person a better living, usually yields a profit to society. Every such transfer, therefore, is worth more than double the present public expense. 42 UNRESTktCfEb iMMtGkATtON. 4J There is, then, a double incentive to our present con- sideration, and to effort for relief in this direction. It has been stated that our population, foreign-born or having one or both parents foreign-born, while constituting but about 20 per cent, of our whole number, furnishes over one third of our criminals and three fifths of our paupers.' Let us then first examine the foreign element as the most important point of philanthropic attack. The last census shows, however, that our white paupers, native and of native parentage, were only 29 per cent, of the total in our almshouses, and that the colored native population, constituting about 12 per cent, of the whole, furnish only 8.8 per cent, of our dependents." The ratio of foreigners to natives among the defective classes, so far as we have been able to determine (for the examination among them is both more difficult and less accurately reported than respecting paupers and prisoners), appears to be about the same as among these. In Massachusetts the commitments of the insane of foreign birth or parentage in 1889 were three times the number of natives. During the last decade there has been an influx of foreigners to the country through our own ports of entry of 5,246,613, equal to an annual average of 524,661 souls ; besides the large unnumbered multitude which has flowed over our Canadian frontier. The flood of immigration is constantly ' Ctnsus Bulletin No. 31. ' Census Bulletin, Eleventh Census, No. 90. 44 PSISONERS AND PAUPERS. swelling, having nearly doubled in the last decade the numbers of the preceding. There sweeps in upon us now each year a greater horde than that of the Goths and Vandals which overwhelmed the Roman Empire when it ruled the world. As irre- sistible and constant a current as the Moslem invasion which once overthrew and subdued Chris- tendom, it must produce changes and results to which as Americans we cannot remain indifferent. Two principal inferences are suggested by these statements. The first is this: that the principles and institutions which mould and nurture the Amer- ican people must be of wonderful and unparalleled beneficence, vitality, and strength to transform in two generations this heterogeneous and largely low- grade mass into wholesome, independent, and repu- table citizens. There is, indeed, no grander or more conclusive demonstration of the excellence of American institutions possible than is afforded by our present condition. Notwithstanding the con- stant injection of foreign languages, customs, beliefs, religions, scepticisms, communisms, and nihilisms ; nothwithstanding the fact that all nations have for a century or more been sloughing off their insupport- ables upon us, together with a moiety of their ambitious and enterprising people in search of " a better country," still the bounding current of our national life has been able to absorb it all ; and to so cleanse, purify, elevate, and ennoble it, that the American people of to-day stand without a peer upon the face of the earth in happiness, prosperity. UNRESTRICTED IMMIGRATION. 45 intelligence, and Christianity ! This is not the result of climate or soil, of inherited traits or cross- ing of blood or races, nor of liberty and the abolition of caste or classes. It must come from the vigor, truth, and overruling influence of the whole body of American thought, customs, laws, and institutions. These united in the bonds of Christi- anity, have so far been sufficient to cope with and triumph over all these evil elements. But when we notice the growing quantity and rapidly changing character of our immigration, a less satisfactory inference is suggested. In the forty years from 1820 to i860 our English- speaking immigrants numbered 2,744,850; our Germans, 1,545,508; and those of all other nation- alities, 763,671. From the Revolution to 1820 the arrivals are estimated by good authorities at 250,000, making a total of 5,304,029. Between the revolu- tionary period and that of the civil war there were only 57,416 more than arrived during the last decade. Over 84 per cent., moreover, of these immigrants pre- vious to i860 were either English-speaking or German people, attracted to the country chiefly, doubtless, by their love of liberty and their preference for our institutions and form of government, to which they adapted themselves voluntarily. But how different has the tide been for the last ten or fifteen years 1 Immigration to the United States during the last three decades has been from the sources shown in the following table, " alien passen- gers" being included to December 31, 1867. 46 PRISONERS AND PA UPERS. *0^ J3AO •ot-Si -JU33 J3£ ■siB3^ Si jspun •}U30 J3J •iCgi 'o£ 3unf Suipu^ .res^^ €•1 OO «0 en tn iH o* in Qtoo «o 0*« en en o^ ^ en C^ O 00 M o en I ■fe. ^ a I 4 •o68T oi iggi CO « o^ OO GO \0 tC »o ^ \0 \0 M O^oo 0<« CI M CO O coo r* O e*^ "-I en en »n tCod"acr inO O CO \0 en « CO »n •0881 oj lisi t-co «n o enoo O* ^ O* ■-< "^ vO »rt *r» r^ ^ o^ « r>. r>» CJ *o£8i *o£ 3unf 1 98 1 *i XjBnuBf •H r^ r^ co" moo O en to 0*0 00 ^CO O CO e« o* o QO irt r^ O « g So ui £ b. 2°° iJ i! ■^ "^ ea 55 01 ea e^ c W ace! „ •^_rt 4J eB H.5OT o u s s a u o i >■ ;^ ^ §s -3 6 H ooo. And the Grand Inquest as aforesaid, upon their oaths and affirmations, do further present: That the said Alcohol, mixed and disguised as aforesaid, hath afflicted the aforesaid loss and damage of $289,- 984,000 upon the People of the United States, in and before the year of our Lord aforesaid, within the jurisdiction of this Court, against the peace and dignity and prosperity of the People, and contrary to the first law of nature and of God, recognized, obeyed, and maintained universally, not only by this people and nation, but by every people and nation, by humanity at large, by every individual of the race of mankind, by every animal and living thing that has come from the hand of the Creator, to wit, namely, the Law of Self-Preservation. Signed : PHILANTHROPY, Public Prosecutor. WITNESSES. E. C Wines, D.D., LL.D., Rev. Jos. Strong, D.D., Chief-Justice N. Davis, Hon. M. H. Dickinson, Hon. Sanford M. Green, Hon. Alfred Hand, Hon. Robt. T. Porter, Dr. T. J. Morton, et al. Public Prosecutor. — May it please the Court and gentlemen of the Jury. It is not intended to encum- 142 PSISONESS AND PAUPERS. ber this trial with evidence beyond the scope of the indictment. There are other and much more serious indictments pending against the prisoner at the bar, for fraud, embezzlement, theft, robbery, burglary, arson, assaults, maiming, manslaughter, murder, seduction, fornication, rape, adultery, incest, sodomy ; for inhuman cruelties to wives and children ; for causing one third of all the diseases of the people ; for causing the death of sixty thousand of our people every year ; for the destruction within the last cen- tury of more of the general earnings than the cost and value of all the public improvements,made on this continent, including all our railroads, canals, and telegraphs. These indictments may be tried at another time; we refer to them only to show the general animus of the prisoner, and that this indict- ment is not the only one or the most serious found against him. Nor is it for the first offence ; on the contrary, it appears from the records that he is one of the oldest criminals at large in society ; the chief, the leader, the king of all the vicious and criminal class. We have attacked the head in the confident expectation that if we crush that we shall paralyze the whole loathsome train which depends upon it. Neither shall we attempt to excite your sympathies by a rhetorical arraignment, depicting the soul-har- rowing incidents and concomitant circumstances of these crimes specified and charged. The loftiest eloquence, the most convincing arguments, withering invective, the finest arts of vituperation of the grand- est intellects have exhausted their powers in vain on this subject. Your time, patience, and oaths require INTEMPERANCE AS A CAUSE. 143 a decision upon the facts which are submitted in evidence, and upon these we rest our case. THE PRISONER PLEADS NOT GUILTY. Public Prosecutor. — We offer in evidence chemical analyses of the various liquors specified, showing that brandy, gin, whiskey, and rum contain from 40 to 50 per cent. ; that wine contains from 7 to 20 per cent. ; that ale and porter contain from 5 to 7 per cent., and that beer contains from 2 to 10 per cent, of pure alcohol.' That it is the stimulating and intoxicating ele- ment of all these beverages.' That the definition of the word intemperance, in this trial, is excessive indulgence in intoxicating drink. Also, the American table of mortality, adopted by the State of New York as the stand- ard for valuation of life insurance policies, giving the " expectation of life " of persons thirty years old as 30.3 years ; also the annuity table of the Equitable Life Assurance Society, showing present cost of annuity of $icxd for a male thirty years old to be $1,652.50, and for a female of the same age $1,697.50 ; from which it appears that $3,305 is the cash value of an annuity of $200 to a male of thirty years of age. Also statements of various sociolo- gists and physicians, too numerous to specify, that the foundation of intemperate habits is almost uni- versally laid before the victim has reached the age of thirty years. ' Century Dictionary. 144 J'SISOMERS AND PA UPERS. E. C. Wines, D.D., LL.D., President of the Inter- national Penitentiary Congress of Stockholm, author of State of Prisons in the Civilized World, etc., etc., testifies : " Intemperance is a proximate cause of a very large proportion of the crime committed in America. Fully three fourths of all the prisoners with whom I have personally conversed in different parts of the country admitted that they were addicted to an excessive use of alcoholic liquors. ... In a circular letter which I once addressed to the wardens of all our State prisons, this question was put to them, among others : * What is your opinion as to the connection of strong drink and crime?' The answers were all one way. Mr. Pollard, of Vermont, did but echo the general sentiment, though -he put it more sharply than most, when he said : ' My opinion is that if intoxicants were totally eradicated, the Vermont State Prison would hold all the criminals in the United States.' " > William Tallack, Secretary of the Howard Asso- ciation, London, England, author of Defects of Criminal Administration, Penological and Preventive Principles, etc., etc., testifies : " It is unquestionable that, in most countries, the worst sufferings inflicted upon women, children, and dumb animals are perpetrated under the influence of strong drink, for this is provocative of both cruelty and lust. . . . ^ost crimes must be and a re-attrihutahlp^ to intemperance . . . . What is the origin, in innumerable in- stances, of the wretchedness of those homes which it is a calamity for a child to be born into ? It is intemperance. And whatjsjhe. main source of that poverty whicJl-£ailses_io_many-£hildrea-to_be— either negJeHedpr. driven4Bto-esiLcoutseii_A^n it. iajiBg uestiona- bly intemperance." ' ' State of Prisons, pp. 113, I14. ' Penological Principles, pp. 2g6, 300. INTEMPERANCE AS A CAUSE. I AS Chief-Justice Noah Davis, of the New York Su- preme Court, testifies : " Among all causes of crime, intemperance stands out the unapproachable chief. That habits of intemperance are the chief causes of crime, is the testimony of all judges of large ex- perience." ' Dr. Harris, of the Prison Association of New York, testifies : " That fully 85 per cent, of all con- victs give evidence of having in some larger degree been prepared or enticed to do criminal acts because of the physical and destructive effects upon the human organism of alcohol." " The State Board of Charities of Massachusetts, in their report of 1869, testify: "The proportion of crime traceable to this great vice (intemperance) must be set down, as heretofore, at not less than four fifths." Hon. Sanford M. Green, Judge of the Supreme and Circuit Courts of Michigan, testifies : " That_it (intgmperance) J £ the pare nlLof pau perism . That-it Ic ^fVip rhjpf ran tiP nfj^rjrnp" ' John C. Park, District Attorney of Suffolk County, Mass., testifies : " While District Attorney I formed the opinion (and it is not a mere matter of opinion, but is confirmed by every hour of experience since) that ninety-nine hundredths of the crime in the Commonwealth is produced by intoxicating liquors." J. Wilson May, District Attorney of Suffolk County, Mass., testifies : " According to my official ' Address before the National Temperance Society, 1S78. ' The Relations of Drunkenness to Crime, • Crime, p. 37 et seq. 146 PRlSO^TEJiS AND PAUPERS. observation, drinking in some form is directly re- sponsible for about three fourths of the crime that is brought to the cognizance of the county." Judge White, of Pennsylvania, testifies : " After fifteen years on the bench I believe four fifths of all crimes committed are the result, directly or indi- rectly, of the use of intoxicating liquors. Three fourths of the expense to the State for the prosecu- tion of criminals is attributed to the same cause." ' Hon. Alfred Hand, ex-President Judge of Lacka- wanna County and ex-Justice of Supreme Court of Pennsylvania, in a letter to the writer, testifies : " In the trial of criminal cases in Lackawanna County during ten years it. was constantly forced upon my mind, that the great cause of crime, overtopping all other direct causes, has been intemperance. The estimate of crimes due to intemperance, which my observation compels me to make, I place at the minimum, at 75 per cent., and I at one time so stated in Court. It was the same estimate made by Judge Davis, of New York, which I found was fully borne out in Lackawanna County. The exact figures, I am confident, would go above rather than below this estimate." Hon. Mahlon H. Dickinson, President of the Board of Public Charities of Pennsylvania, testifies, by his report for i8go : " That 82.7 per cent, of the commitments to the Penitentiaries of Pennsylvania in 1889 were addicted to the use of alcoholic drink ; that over 87 per cent, of those sentenced to county jails and work- houses in that year were addicted to alcoholic drink ; that over 42 per cent, of the youths committed to the Huntingdon Reformatory ad- mitted the use of alcoholic drink, 22.7 of whom acknowledged in- temperance ; that of the 5,265 township poor relieved, 408 were recorded intemperate ; that only 66 per cent, of those receiving out- ' Address, Pittsburg, May 28, 1889. INTEMPERANCE AS A CAUSE. 147 door relief because of destitution on account of permanent disability claimed to be abstinent ; that of those relieved for temporary disa- bility only 54 per cent, claimed to be abstinent; that no cases of 1,634 admitted to insane hospitals were directly due to intemperance, more than double the number attributed to any other definite cause, except " ill-health." The report of the Allegheny County Workhouse, testifies : That of 52,783 prisoners received since 1869, over 83 per cent, were addicted to alcoholic drink. Dr. Thomas J. Morton, Chairman Lunacy Com- mittee of Pennsylvania, in a letter to the writer, testifies : " A careful consideration leads me to be- lieve that in probably one half the cases of insanity, or about that percentage, the causes will be found in intemperance directly or indirectly." Dr. H. M. Wetherell, Secretary of the Lunacy Committee of Pennsylvania, testifies in a letter to the writer : " From my experience and observation of a very large number of cases, and of the records of each year, as well as from my hos- pital observations, I fully believe that it would be well within the limits of fact to state that one half of all the cases of insanity is attributable to intemperance." Mr. Fisk, in a report of the United States Com- missioner of Education, 1871, testifies: "At the Deer Island House of Industry, Boston, 88 per cent, of the committals were for drunkenness and 93 per cent, of the confinements were connected with strong drink." Charles S. Hoyt, Secretary of the State Board of Charities of New York, testifies : 148 PSISONEXS AND PAUPERS. " After an examination made of the inmates of the various poor- houses of the State in 1875, numbering 12,614, **•=>* 84.36 per cent, of the males and 41.97 per cent, of the females were intemperate ; and of 4,047 insane examined, 79. 2 1 of the males had been intem- perate, and 21.44 pci' cent, of the females." Hon. Robert P. Porter, Superintendent of the Eleventh United States Census, testifies : " The number of convicts in penitentiaries of the United States June I, 1890, was 45',233 ; the number of prisoners in county jails . 19.538 ; and the number of inmates of juvenile reformatories was 14,846 ; a total number of inmates in all penal institutions, 79,617 ; the a^regate of inmates of almshouses was 73,045 ; and the total number of insane persons treated in public and private institutions during the year 1889 was 97,535, an increase in nine years of 73.53 per cent. The annual cost per head for the number of insane treated was $161." Hon. Edward Atkinson, testifies : " That the average expense of individuals in the United States for fuel, food, clothing, and shelter does not exceed fifty cents a day, and that the average earnings of all classes engaged in useful occupations must equal $600 per annum." The taking of testimony is closed. THE PRISONER IS DUMB BEFORE THE COURT. Public Prosecutor. — May it please the Court and gentlemen of the Jury. We make no comment upon the evidence. It is plain and sufficient. The indictment charges a minimum sum of damage to the public, much less than is commonly estimated by competent authorities, on account of these per- INTEMPERANCE AS A CAUSE. 149 sons now supported at the public expense. This sum is found by multiplying three fourths of the number of prisoners and one half the number of paupers and insane by $2,000, which is taken to be the value of each individual to the State when he becomes a public burden. It is well known that the foundation for intem- perate habits is laid under thirty years of age. At this age the average earning capacity of a male in this country is $450 per annum. At an average cost of fifty cents a day for maintenance, or of $138 per annum, the average annual addition of each individual to the general profit or advantage is equal to $263. We admit that intemperate habits have diminished the expectation of life of these in- dividuals one third, and that therefore $2,200 would be sufficient to purchase an annuity of $200 for the diminished expectation. We are also willing to throw off $63 from the annual average profit of these persons to the public, on account of depreci- ated value of service ; and to assume, in accordance with the well-known estimate of Hon. D. A. Wells, that the value of these lives to the country was but $2,000 each. We ask you to find a verdict of dam- age of $2,000 each to the people for these lives changed from productive efficiency to a public bur- den, on account of the ruinous action of alcohol upon them, and to enable you to impose an equiva- lent fine. We ask that the Court charge that the time of this action is self-evidently in accordance with the indictment ; that the jurisdiction of the Court is unquestionable ; that the law and statute 150 PRISONERS AND PAUPERS. violated are as charged, and so leave the case upon your consciences, gentlemen 'of the Jury. Charge of the Court. — The fact of the confinement of the persons enumerated in the several penal and eleemosynary institutions of the country, at the time stated in the indictment, if sufficiently proven, establishes without the necessity of other evidence the fact that they were, and are, within the jurisdic- tion of this Court, and that the reasons and causes of their confinement must have, of necessity, ex- isted in and before the time specified in the indict- ment. Moreover, whatever causes the loss or destruction of human energy and productiveness in the social organization, whatever renders it im- potent as a contributor to the welfare and prosperity of the community as a whole, or imposes instead of such contribution a tax and burden upon the other portion and remainder of society, violates, and is contrary to the universal sway, domination, and authority of the Law of Self-preservation, the first law of nature. It is, therefore, a proper and unde- niable function of the public to lay its hand upon, arrest, and exact compensation from the violator and offender. If, therefore, you find from the evidence before you, that the prisoner at the Bar has caused the loss and damage to the public welfare charged in the in- dictment, you will find for the People ; if, however, you find that the prisoner indicted is not proven to be the cause of such loss and damage, or that, if the cause, yet of a different amount, you will so make your verdict. This the law of common-sense. INTEMPERANCE AS A CAUSE. 15I After consultation the jury present their verdict. The Court — How say you, gentlemen of the Jury : Guilty or not guilty ? Foreman — Guilty, your Honor, as charged in the indictment. The Sentence of the Court — Let Alcohol stand committed until he shall have paid the People $289,984,000. How shall the sentence of Common Sense be executed, and the fine imposed upon Alcohol be collected ? There has been, during the last fifty years, and particularly in the last decade, an astonishing in- crease of beer drinking in this country. Beer is the common and cheap stimulant of the poor and lower classes of society, which, on account of their larger numbers, furnish the largest proportion of criminals and paupers. It would seem, therefore, when we discover an abnormal increase in the consumption of beer, co-incident with an abnormal increase of criminality, knowing the physical and moral effects of alcoholic stimulant upon humanity, that there must exist the relation of cause and effect between these facts. This assumption is confirmed also by the fact that in other civilized countries, where statistics show no such alarming increase of crime, the per capita consumption of stimulants has not unduly increased. Indeed in Great Britain, where the in- crease of criminals has been less than that of its population in the decade, there has been a corres- ponding decrease in the consumption of intoxicants. 152 PSISONEXS AND PAUPERS.' The tables appended' display the consumption of intoxicants in the United States, and some foreign countries at different periods, and some other inter- esting data concerning this. From which statement it appears that the consumption of distilled spirits per capita, has not materially changed, even in fifty years, in this country ; but the consumption of malt liquors has increased 738.1 per cent., contemporaneously with an increase of 445. per cent, in criminals in fifty years ; and 109 per cent, against an increase of population of 24.5 per cent in ten years ; more than four times as fast. In the United Kingdom, on the contrary, there has been a decided decrease in the per capita consumption of all intoxicants, and, as elsewhere noted, in criminality. It may also be noted that the Treasury Department reports "From the data accessible to these authorities, the consumption of alcoholic liquors in the arts and manufactures in the United States, would appear to be between 7 to 10 per cent, of the entire consump- tion. At least 90 per cent, then, of the distilled spirits used in the country has been consumed as beverages." The monstrous increase of criminality, so far as it is caused by intemperance, must then be attributed to the increase of beer drinking. The temperance agitation, which has been active so many years, and the license system, have signally failed in America to check the rising tide of intemperance, or to re- strain the consumption of alcohol within the limits of parity even, with our growth in numbers. The ' See Appendix I. INTEMPERANCE AS A CAUSE. I S3 temperance reform has been effective in the classes of society which it has been able to reach as a moral movement. The decanter has been banished from the sideboard, and the wine bottle largely from the table of the educated, " well-to-do " classes of society. But beer saloons and beer drinkers are constantly multiplying. Political prohibition has proven unsuccessful in most localities for lack of general popular support. The people may come to such a universal intelligence as will enforce prohibi- tory legislation, but they have not reached that plane as yet. The temperance reform has failed, not on account of any lack of intrinsic truth, force, or need, but chiefly because it has been allowed to become obscured and confused, as a strictly moral movement, against the individual or personal sins of appetite and avarice, and made no effective effort to restrict the multiplication of drunkards by procrea- tion. It has been impaired by a complication with politics and civil legislation, which in America are, of right and necessity, distinct and separate from matters of religion and morals ; but, especially, because it has not extended its influence very much into the intemperate classes of society. It has been embarrassed and impeded, also, by the License and Prohibition ultraists among its promoters, who with violent vituperation and intolerance of adverse opinion endeavor to achieve spiritual success with carnal weapons, and so excite and organize an un- necessary opposition and unpopularity. The license system is unsound in principal because it gives governmental protection and sanction to a 154 Prisoners ai^d paupers. traffic which is an intolerable public injury. It is a mistake and fallacy of statecraft, because it increases an evil it is intended to diminish, European nations have discovered this fallacy in licensing the " social evil," and are abandoning that experiment. We must soon follow their example in this respect in our dealing with the saloon. Absolute prohibition is unsound in principle, because it is an attempt to reform society by ballot : as unnatural and impos- sible a purpose as to attempt to legislate people into Christianity. The " Prohibition " idea has no logi- cal or authorized standing in American politics. It is contrary to the spirit of American institutions, in the proposed restriction of personal liberty of action which it involves, and therefore it invites the oppo- sition of political judgment and sentiment. As American society is at present constituted it is evi- dently impossible of attainment, even if all the expected relief could be secured from it, which is doubtful. The mass of mankind will not submit to dictation and interference in matters of taste, appe- tite, or of morals, however much such submission would conduce to the benefit of either the indi- vidual or the mass. The progress of civilization and elevation has always been by gradual advance, by progressive steps, by evolution, rather than by revolution, edict, or legislation. If, therefore, it is impossible, as it appears to be, to prevent the consumption of intoxicants by law, let us see if we cannot discover some plan which will receive the support of the public, and effect a partial relief, if not a complete deliverance ; suggest some INTEMPERANCE AS A CAUSE. 1 55 practical method of legislative action which will pro- mote and assist, instead of impeding the progress of the temperance reformation of society. Some com- mon acceptable ground must certainly exist where the great majority of the people will take a stand, and present an united and invincible front against this fearful evil of intemperance. It is too tremen- dous and alarming to be ignored. Such a basis of action must be harmonious with the inborn and cherished principles of general liberty and personal freedom upon which our institutions are founded. Political action must, we believe, be directed upon the thing itself, without reference to the personalities involved ; it must aim at the protec- tion of society from the injury and burden it inflicts, by securing compensation, as far as possible, for them. Let us eliminate from the whole subject the personal equation, when we deal with it politically, and the strength and vitality will quickly vanish from the opposition leagues which are now united upon a plea of self-defence. Legislation cannot cure the evil, but it may provide protection from its con- sequences. It may require compensation in behalf of the public for the damages it inflicts. This is a legitimate function of government. We propose that Alcohol, the pernicious element in all intoxicat- ing beverages, shall be made to pay as it goes. That it shall be made to settle its own bill every year, instead of fraudulently devolving it upon innocent tax-payers. Let Congress substitute for our present internal revenues and tariff laws upon the subject, a tax upon 156 PRISONERS AND PAUPERS. the percentage of alcohol contained in distilled spir- its, wines, and malt liquors, manufactured or im- ported for use as beverages, of an amount per gallon sufficient to defray the entire cost to the country of maintaining the penal, reformatory, deaf-mute, blind, and insane hospitals, inebriate and idiot asylums, and almshouses of the country, as shown by the re- ports of the preceding year. The proceeds of this tax should be divided to the States according to their respective expenditures for these purposes. The grievous burden would thus be transferred from the people in general, and laid entirely upon those who of right ought to pay this cost ; namely, those who drink. In the table' we have calculated that a tax of $3.00 per gallon of pure alcohol would add to the first cost of distilled spirits $1.50 per gallon, to wine 30 cents per gallon, and to malt liquors 15 cents per gallon, according to the general average of alcohol contained in them. Also that this tax would have yielded, in 1890, a revenue of $268,000,000, which would probably have about equalled the ex- penditure for the maintenance of criminals and pau- pers. If it is objected that the entire cost of these classes should not fairly be laid upon alcohol, we an- swer that the enormous expense for buildings and ac- commodations already incurred, and of maintenance for centuries, has been paid by the general public, — an expense which it will take alcohol a long time to reimburse. No charge is included in this estimate for the costs of arrests, trials, convictions, or the spoils ' See Appendix I. INTEMPERANCE AS A CAUSE. I $7 of prey. This would require an increase of only 60 cents per gallon in the present tax on spirits, and a trifle over $3.00 per barrel on beer, while it would effect an actual reduction of duty on wines, the use of which is already decreasing. It would not be pro- hibitory on account of an increase of cost of drink to the poor, although it would probably restrict the con- sumption, which is the main object to be effected. It would, in effect, doubtless add one cent to the price of a glass of beer. There was a very decided reduction in the consumption of distilled spirits following the imposition of the present tax. We should expect a similar reduction if it were increased. There would be a check to the disproportionate in- crease of the consumption of beer. Crime and pau- perism would decrease pari />assu with a decrease in consumption and revenue from the tax, so that a constant equilibrium would be maintained. The public appropriation of this revenue to the support of criminals and paupers would be, moreover, an omnipresent argument before the people for temper- ance ; more cogent, practical, and universally applied than any other that could be made. The whole ques- tion of temperance, license, and prohibition, would thus be taken out of politics. The liquor dealer's organizations would dissolve, and temperance resume its appropriate place among the other virtues, to be inculcated and promoted as honesty, chastity, reli- gion, and charity are. We are confident that this plan offers the easiest, soundest, most practicable, and hopeful solution of the economical and political part of this greatest of 1 58 PSISONEXS AND PA UPERS. social problems. It is constitutional ; it accords with American principles of government; it infringes upon no personal or individual rights or privileges ; restricts no freedom of will ; interferes with no one's fancied right to deal in, or use, strong drink. It simply abolishes the unequal and annoying system of license machinery and espionage, imposes the financial burden where it justly belongs, and fulfils the highest purpose of government, by the protec- tion of the governed. This done, religion, philanthropy, and humanity can devote their undivided and unhampered atten- tion to the prevention and cure of intemperance and drunkenness among the people, with faith and hope- fulness. Let us then abandon the misdirected efforts of the past, and all unite in this one purpose, almost sublime in the simplicity of its grandeur, to make Alcohol pay as it goes. Whether drunkenness or dipsomania is a physical or mental disease, an uncontrolled habit, or a sin, it is unnecessary for us to discuss, for our present purpose. Our__opinion is that in so me cases it is a disease, in others a habit, and in all a sin . The ex- perience of mankind from the beginning down to the present has established one thing indisputably, that the introduction of alcohol into the system excites a tendency to repetition, and that ever\- repeti- tion increases this tendency ; that the tendency, if unchecked, invariably becomes overmastering, and results in such a weakening of will-power, moral consciousness and intelligence, that the victim is finally reduced to a mere animal, as cruel as a hyena, INTEMPERAtfCE AS A CAtJSE. 159 and as sensual as a hog. Modern science has like- wise positively demonstrated that this tendency to drunkenness is often hereditary, and may be com- municated, like other characteristics, from parent to child ; and that children begotten or conceived under the influence of alcohol are inevitably depraved or unhealthy. It seems also to be contagious and communicable by intimate association. Unique among the diseases which afflict mankind, in the universality and unremitted diffusion of its terrible ravages upon the race, the iniquity of its uniquity is tremendously magnified by the fact that it is the only disease for which there is known an infallible cure — ^the certain and practicable specific, abstinence, voluntary, or enforced. We have proved that intemperance and drunken- ness are the direct or indirect cause of most of the crimes, and much of the suffering and want of society. In view of this fact, who can deny the right of society to legislate logically for its treat- ment and cure? as it legislates concerning its kindred affection of insanity. It is, indeed, not only a right, but a duty of self-preservation, espe- cially where the evil grows so rapidly as it now does in this country. The present legislation rela- ting to drunkenness is based upon no correct or general principle, and is entirely inadequate. In the first place, we believe that drunkenness should be made a crime in itself by law, as it is in fact. Instead of this, criminals are permitted often to urge it in court as an excuse for crimes committed under its incitement. They plead drunkenness, or l6o PSISONEJiS AND PAUPERS. the influence of liquor, with the brazen assurance with which temporary insanity is offered in extenua- tion of guilt, when it should be held as an aggrava- tion, because the criminal generally stimulates his courage and stupefies his moral sense for the pur- pose of facilitating his crime. If the drunkard were liable to arrest and punishment for the mere fact of drunkenness alone, the fear of the law would restrain many from those first steps which lead to absolute ruin, if the penalty were sufficiently severe. The first offence should be punished by solitary confine- ment for from ten to thirty days, the second from thirty to sixty days, the third from sixty to ninety days. The next conviction should consign the cul- prit to confinement at self-supporting labor in a State asylum, house of correction and reformation, if it should be preferred to so name it, not to be released until a competent authority should pro- nounce that a permanent and reliable cure had been effected. It is a reproach upon our intelligence and civiliza- tion that a drunkard must commit some additional crime before he can be confined, in Pennsylvania, for even sixty days, when it is known that in most cases, at least six months or a year are necessary to restore the drunkard to a normal condition of phys- ical and moral health. Whether drunkenness be a disease or a habit, it is certainly beyond the control of the victim. No one can doubt this who has witnessed the remorse and anguish, or heard the vows and oaths never to touch the accursed cup again, which often follow a debauch. These are INTEMPERANCE AS A CAUSE. l6l as sincere and earnest as any pledges made by man, but broken almost as soon as made. Nor can any one who has heard them doubt the necessity of external aid and treatment of such a sufferer, suffi- ciently prolonged and enforced to re-establish a healthy operation of the personal will, if this can be effected, or indefinitely, if it cannot be. Our laws afford no means of extending this aid to the victim of intemperance, or of protecting society, or him, from its dangers. We provide institutions for every class of defectives but drunkards, the largest and most dangerous, as well as the most hopeful of cure of any. Hundreds of thousands of our best and brightest minds go down yearly to the drunk- ard's grave, to a horrible physical and spiritual death, because society fails to do its duty to them and for them. Every one of them, without excep- tion, could be cured and saved. Their blood is upon our heads ; society must answer for it. We must not permit this awful and useless loss to con- tinue. This " government for the people " must take hold of these helpless ones and put them in a place of safety and cure. Every State should have Reformatories, to which drunkards should be sent, voluntarily, upon applica- tion to the court by friends, or upon arrest and con- viction, where, under the skilled care of medical men and moral teachers, they should be confined until cured. Those who are unable to pay the cost of treatment and maintenance should be obliged to work at profitable labor, and the excess of their earnings distributed to those dependent upon their support. 1 62 PRISOIfERS AND PAUPERS. The record of the Keeley Bichloride of Gold Insti- tution at Dwight, Ills., is given as 95 per cent, of cures out of over twelve thousand cases, most of them the most hopeless and obdurate, with whom every other effort had failed. Whatever may be said against this method of dealing with drunken- ness, it certainly succeeds. We have personal knowl- edge of many confirmed inebriates who have been restored to a normal condition of health and appe- tite, with no more desire for liquor, apparently, than existed before they began to drink. Some may again succumb to temptation and fall, or the latent fires burst out again ; if so, they will fly again to the physician ; but as months pass and the condi- tion of health grows stronger, faint hopes become absolute faith, and it would seem that at last hu- manity had triumphed over its arch enemy. It is the duty of the State to supply this or any other tested cure to its drunkards. Other inebriate asylums in this country, and in other lands, have also restored a large proportion of their patients to sobriety. The Christian Home, in New York, has saved hundreds ; it is claimed by its managers at least 75 per cent, of those com- mitted to it ; the Franklin Home in Philadelphia, and the " Rescue One " mission of Col. W. W. Hadley in New York, have been very successful, relying solely on the saving efficiency of the Holy Spirit of Christianity. The Binghamton Inebriate Asylum, in the sixteen years of its existence, treated over four thousand and restored 6i per cent, of its patients, although the legislation for the purpose INTEMPERANCE AS A CAUSE. 1 63 was inadequate, and the science of the subject not as well understood as at present. The failure in obtaining the highest success in asylum treatment, hitherto, has been found to be due to the impossi- bility o"f retaining the patient under restraint long enough to build up the natural functions of body, mind, and morals, to a condition of health and strength sufficient to resist the temptations to which they originally succumbed. As soon as the inebri- ate has recovered an apparently normal tone of sys- tem he insists upon his cure and liberation, although it is manifestly contrary to reason and common sense that habit or disease of ten, twenty, or thirty years* duration should be permanently eradicated in a few weeks or months. The medical profession, scientists, philanthropists, and Christians, all who have given the matterproper consideration, agree that quarantining of the ineb- riate, the application of proper remedies, and time, will, in a much larger proportion of cases, effect a positive cure of this terrible affliction than can be predicted of any other serious ill to which flesh is heir. Where cure is impossible, confinement will at least prevent indulgence and propagation. It seems inexplicable that State hospital treatment should have been so long delayed, or that any reasonably intelligent legislator should now oppose it. There can be no doubt that State institutions, under proper management and organized with adequate control over their patients, would accom- plish more for the relief of human misery and for the public benefit than all the almshouses, insane. 164 PStSONEXS AND PAUPERS. deaf and dumb, and blind asylums together effect. Let the next step of the temperance reform then be to secure the enactment of legislation for the estab- lishment of State inebriate asylums and the care of drunkards. These would depopulate in time the almshouses and asylums for the defective, and save each year their cost in the reduction of taxation. I believe the majority of voters also will favor, generally, as it does in most States, the absolute pro- hibition of the sale of intoxicants to minors, insane, idiotic, or intoxicated persons, drunkards, those whose relatives or friends or poor directors give notice should not be supplied, United States troops. State militia, prisoners, and paupers; the soliciting of others to drink ; the sale on the Sabbath, on elec- tion day, or within a block, in cities and towns, or a mile, in the country, of public schools, churches, assemblies of people for religious purposes; fair grounds, military encampments, in jails, prisons, almshouses and public buildings ; the furnishing of liquor on pass-book or store orders, for goods of any kind, and the collection of dram bills by law. The majority would also favor making whoever supplies liquor to a person who should commit crime under its influence liable for the damage done, the inca- pacitating manufacturers and dealers in intoxicants for jury duty, and the requirement of scientific tem- perance instruction in the public schools. Let adequate penalties be imposed for infraction of these simple prohibitions and requirements, and then let all the complicated, confusing, diversified and inconsistent license laws be repealed. They INTEMPERANCE AS A CAUSE. 1 6$ have been tinkered and experimented with in this country ever since the first settler landed, and the consumption of alcohol has steadily increased under their protection and fostering authority until the hideous results have become the heaviest burden upon public prosperity, and a nightmare in almost every family in the land. How many hundred years of experience will be necessary to convince the American people, ordi- narily so quick to profit by these lessons, that the license system is not only a failure but a public iniquity ? It would seem that an increase of over lOO per cent, in the consumption of beer, and of nearly 54 per cent, per capita increase in the con- sumption of intoxicants in ten years, should be enough to appall the most indifferent and phlegmatic citizen. Where is this increase to end ? When is it to stop ? These are questions that touch every heart and every pocket-book in the land. We have purposely avoided the introduction into this discussion of the more serious evils and losses to the country on account of intemperance, and confined our attention to its influence upon crime and pauperism. The physical, intellectual, and moral degradation of the race, the weakness and disease it imparts to succeeding generations, the harrowing bodily and mental suffering it causes, the direct and indirect cost in cash it inflicts upon the country (estimated by competent statisticians to be at least $2,000,000,000 per annum, with a present annual in- crease of $500,000,000) all these we leave for others to present. The totals are too great for ordinary l66 PRISONERS AND PAUPERS. comprehension. We simply state the parallel facts of abnormal increase both of criminality and of in- temperance, and appeal to our fellow-citizens to make one pay for what it produces of the other, as a fair and just relief of the burden of taxation, and efficient preventive measure ; to retain the present prohibitions ; provide for the cure of the drunkard, and repeal all license sanction to the liquor traffic, in the full confidence that Christianity and philan- thropy in such a fair field will be equcd to the emergency. There are two things which we have to recom- mend to philanthropy as a means to reduce intem- perance among the people which have not been as yet adequately tried, but which, we believe, would be most effective. The first is this : Supply a satis- factory substitute for the liquor saloon. Man is a social animal. He will go out nights where he can meet his fellows and have amusement and entertain- ment of some kind, different from what he can find even in a comfortable home with a congenial family. The very poor are fairly driven out of their lodgings for any comfort or pleasure. The door of the saloon is invitingly open to them everywhere. Their innate sense of fair dealing compels them to drink before they leave as compensation for rest, fire, and company, if nothing else impels. But once inside there are plenty of other inducements to drink. It is largely because liquor saloons offer the only free and common resort for the poor, that the poorer classes drink the most, and consequently populate our prisons and asylums. We must accept the situa- INTEMPERANCE AS A CAUSE. 167 tion as it is. We must deal with man as we find him if we are to expect success. Establish coffee- and tea-houses, social halls, with neatly sanded floors, cheap tables and comfortable chairs, where a good cup of coffee or tea can be had at about cost, say two cents ; or any of the non- alcoholic drinks, with oysters, sandwiches, crackers and cakes, pleasantly lighted and warmed ; where smoking is allowed, and pipes, tobacco, and cigars furnished cheaply. Let them be supplied with news- papers, periodicals, and games ; and whatever attrac- tion, music or entertainment can be afforded, in style suited to the tastes and requirements of the poorest. Let there be apartments for families and women. Then the groggeries would soon lose a large portion of their customers ; the reform of life would begin naturally, and the waste of dram-drink- ing be checked where it is most severe. This is no experiment. The project has been in successful operation for some time abroad. It is one of the most fruitful and beneficient methods of General Booth, and the Salvation Army, and has been attempted upon a limited scale and in various cities of our own country. We need these social halls multiplied and convenient in all the densely popu- lated quarters of our cities. Alcohol plants half a dozen brilliant saloons in a block, and they are profitable out of the scant and hard won earnings of the poor. Let us have at least one life-saving station to every half dozen false beacons it sets up, and I am confident the result would be grand beyond our hopes. 1 68 PRISONERS AND PAUPERS. Another project is also based upon the old adage, that "the way to a man's heart is through his stomach." I believe that much of the intemperance of the poor is due to bad cooking. An early and hastily prepared breakfast, a dinner out of a tin pail, and a poorly cooked supper after a long and hard day's labor, cannot conduce to comfortable digestion. The inward uneasiness or leaden lethargy of the digestive organs after such a day call for assistance and stimulation ; so the poor man leaves wife and children to seek relief in the saloon, where he soon learns to stay until he goes home drunk. Now, if the good wife but knew how to prepare the family meals in a neat, attractive, appetizing, and healthful way, how much of the want, privation, suffering, sickness, doctors' bills, and loss of time might be saved ? How much domestic comfort, con- tent, and happiness might be added to the bread winner's family ? There are a hundred different ways of cooking and serving bread, pork, and potatoes, so that with these three items alone one might have a different and toothsome bill of fare every day of the year if the cook but knew how to prepare it. Let us then teach the poor how to cook, and to be neat and cleanly. Neatness is next to Godliness; cooking next to manliness ; both should be a part of the prescribed course in every public school. From twelve years upward every girl should be carefully and continuously trained by competent in- structors in the best methods of cooking and serving the common articles of daily food, and in the ordi- INTEMPERANCE AS A CAUSE. 1 69 nary duties of family life. How infinitely more im- portant is a knowledge of these things to the after life of 90 per cent, of the girls in our schools, than many of the studies upon which at present they not only waste their time, but which actually tend to unfit them for the enjoyment of the life they must necessarily live. We believe in manual training for boys, too, but when we consider how much the health and happiness of the home depends upon the wife and mother, especially among the wage-workers, it seems incredible that we should so totally ignore any effort to prepare the girls in our schools for their lot in life. Let us change this now, and graduate housewives instead of novel readers, factory-girls, and house ornaments, and we shall accomplish more for the promotion of temperance, the decrease of crime and poverty, and the general good of society, than the public schools have ever yet dreamed of doing. CHAPTER XII. WHAT IS TO BE DONE WITH THE PRISONER? Existence of a Large Congenital Criminal Class — Importance of its Identification and Special Treatment — Segregation Essential to Elimination — Special Penitentiaries Necessary — Criminality but Little Effected by Education or Wealth — Crime a Disease — To be Studied and Treated as Such — Evil of the Arrest — Considera- tion for Youthful Delinquents — Importance of Reorganizii^ the Penal Code — Results of Reformatory Treatment in Great Britain — County Jails Nurseries of Crime — Number of in the United States — Evils of Sheriff Control — Suggested Improve- ment in Man^ement — Regulations and Diet. There has been much thought, study, and wisdom expended in the discussion of this question ; much has been already accomplished in this country and more in other countries by this expenditure, toward the improvement of the condition of crimi- nals and their reformation. Inspired chiefly by a Christian philanthropy, the socialogical and govern- mental object has become greatly obscured and neglected in the discussion. It appears that so far as the public is concerned, in America the results are very far from satisfactory or encouraging. Notwith- standing all that has been said and done, crime and criminals are increasing in a fearful ratio, and the necessity for some more drastic treatment seems manifest and pressing. The people, the social 170 rVSTA T IS TO BE DONE WITH THE PRISONER ? 17I organization, must take consideration of the subject in general, as affecting the public welfare, and threatening the social order, and even its existence. We may check the abnormality of the increase of criminals in this country by the faithful use of the means we have recommended, but until the mil- lenium arrives, society will doubtless have to deal with its refractory elements, — the products of the impoverishment and degradation of excess and immorality. Let us see if some improvement in our present methods may not be made to contribute materially to the reformation and reduction of the numbers of those which it is compelled to keep under treatment. The condition of the case in America is this. On the first day of June, 1890, the census enumerators reported 79,617 inmates of our reformatory and penal institutions. It is estimated by the best authorities that not over one third of the criminals are in durance at any one time. We may assume, therefore, that we have in our population at least 238,000 criminals, or persons "who have been con- victs, and are likely to become convicts again. Morrison ' gives the police estimate of the crime class in England and Wales in 1891, as between 50,000 and 60,000 persons, contributing but 12 per cent, of the inmates of the prisons. Every one who has visited prisons and observed large numbers of prisoners together has undoubt- edly been impressed, from the appearance of the prisoners alone, that a large proportion of them ' Crime and its Causes, p. 142. 1/2 PRISOI^ESS AND PAUPERS. were born to be criminals. There would seem to be certain recognizable features which differentiate these from the rest of mankind, and set them apart as a class by themselves ; a criminal class, of which it might be reasonably assumed that, although any given individual might be reclaimed and saved, as a class the whole were destined to live and die crimi- nals. Indeed, it would seem that a composite photograph of a hundred or so of them might pro- duce the typical criminal, which would be useful in identifying the relationship of a suspect to the class. These are they who have . inherited criminality from parents, who are the product of generations of vice and crime, or who have slid down the plane of transgression and excess to the very bottom of degradation, and whose children will inevitably follow the family calling. They are human deform- ities and monstrosities, physically illshapen, weak and sickly, with irregular features. They bear a sinister, ignoble, and furtive expression. They have an unbalanced and distorted cranium, are of a low order of intelligence, apparently devoid of the nobler sentiments ; with a depraved if not utter absence of moral sense or conscience. They are as abnormal and anomalous mentally and morally, as physically, yet we know physical anomalies often exist without psychical deformity, and moral obli- quity or depravity is found in youth without outward evidence, though they stamp their seal indelibly upon the physique before old age. Herr Sichart, director of prisons of Wurtemburg, found by jnquirj' extending over several years, and q: w O LJ K^4.^^^i,^£ ^, IVI/A T IS TO BE DONE WITS THE PklSONRRf 1 73 including 1,714 cases, that "over one fourth of the German prison population had received a defective organization from their ancestry, which manifests itself in a life of crime." Dr. Vergilio says that " in" Italy 32 per cent, of the criminal population have inherited criminal tendencies from their parents." According to Dr. H. Maudsley " the idiot is not an accident, nor the irreclaimable criminal an unac- countable causality." Of the 527 convicts received in the Eastern Penitentiary of Pennsylvania in 1890, ninety-three were upon their third or more sentence. Seventeen of these had been detected, arrested, tried, and convicted more than six times. One of them was to serve his fourteenth sentence; sixty- eight of these prisoners had relatives who were then or had been in prison ; and 103 were received upon their second sentence. One was received upon his seventh conviction for buglary. The convict who was received upon his fourteenth sentence had served nearly thirty years in prison since he was twenty years of age, for burglary, and is the father of the burglar received on his seventh sentence.' These are fair examples of most penitentiary con- victions. Commenting on these and others, the Hon. Richard Vaux, president of the Board of Inspectors of the Eastern Penitentiary, who is recognized all over the world as the great champion of the separate confinement principle of dealing with criminals, and who has devoted a life-time to the introduction of practical common-sense into penol- ' Annual Report of Eastern Penitentiary for tSgo. 174 PSISONEJiS AND PAUPERS. ogy, says : " Where crime is a vocation, the outcome of inherent, inherited, chronic or constitutional, moral and physical defects, it is absolutely necessary to try the best means to produce an alterative that will reduce, change, or correct the pre-existing cause of crime." Of the 52,783 persons committed to the Allegheny County Workhouse between 1869 and 1 891, 15,824 were upon their third conviction and over, 542 upon their tenth ; 135 upon their twentieth; 33 upon their thirtieth; 12 upon their fortieth ; 5 upon their fiftieth ; and i each upon their sixtieth, sixty-first, second, third, and fourth con- victions, with corresponding intermediate numbers." The cases in the lower courts of Massachusetts during the year ended Sept. 30, i860, aggregated 81,255 ; and in the Superior Court, 2,158, of which 33,290 were committed to jails, and more than half the cases were recommitments.' In a paper on " Criminal Anthropology " read be- fore the National Prison Association in Cincinnati, Dr. H. D. Wey, physician to the New York State Reformatory, quotes from Dr. J. S Wright : " The concurrent and unanimous testimony of those who are, from their experience and knowledge, most competent to judge, is : that the great underclass of criminals have more or less defective organiza- tions, especially as relates to their nervous system, and more especially as to their brain ; that they are more or less deficient in moral sense, showing in this respect the lack of development or result of decay ; the best and last developed sense, the moral sense, disintegrating first of all ; that they are perversely wicked and indomitably inexpedient, ' Report vf Allegheny Co. Workhouse for iSgi. *W. P. Andrews, Clerk of Court at Salem, at National Prison Association, Pittsburg, 1891. W/W T IS TO BE DONS WITH THE PRISONER? 1 75 committing crimes when doing right would be of more use to them ; that they are as passionate as the wild beasts of the forest, and as rest- less as the ocean that heaves with every gust of wind ; that they are at war with mankind and ever in commotion with themselves ; that they are like the ship beaten out by the storm — the ship without compass, rudder, or captain ; they are formed and fashioned by the hand of an evil genius whose name is bad heredity, and whose hand- maid is ignorance ; and that they cannot be very much reformed, and that their reformation ought to have begun in their ancestors." In all human probability 99 per cent, of all the effort and expense society may incur for the reformation of this class will be wholly thrown away, and any freedom or leniency allowed them will be abused to the injury of the benefactor. The public welfare reqixires that this criminal class shall be speedily identified, separated, and permanently secluded from society for three impera- tive reasons. First, for the protection of society from the injury and ravage of criminals. Second, that the public may save the cost of repeated de- tections, arrests, trials, and expensive confinements, and the waste and discouragement of unsuccessful efforts for their reformation. And third, in order that the class may be exterminated. The first of these reasons has apparently been the chief motive of penal legislation and philanthropic action hith- erto, but the last is by far the more important and imperative. Criminality and criminals will inevitably increase faster than the rest of society if the latter are per- mitted to breed without restraint, for the limitations which restrict reproduction among the better classes are inoperative upon them. Neither religion, morals, 176 PRJSONEJiS AND PAUPERS. marriage, or the burden of supporting their offspring, have the slightest influence in repressing their sen- sual indulgence. Indeed, the sexual sense is abnor- mally developed in them. They spawn their noxious progeny with as little care as the fish of the sea, and with almost equal prolificacy. Dugdale in his study of the "Juke" family, traces 1,200 criminals and paupers impregnated with the vicious blood of one ancestor in seven generations, who cost the public over $1,300,000. Rev. O. McCulloch, of Indianapolis, discovered and identified 1,750 descendants of Ben Ishmael, living in Kentucky in 1 790, who had been criminals and paupers, among whom 12 1 were prostitutes. In six generations 75 per cent, of the cases treated in the City Hospital in Indianapolis were of the tribe of Ben Ishmael. Court Pastor Stocker, of Berlin, investigated the history of 834 descendants of two sisters, the eldest of whom died in 1825. Among these he found j6 who had served 116 years in prison for serious crimes, 164 prostitutes, 106 illegitimate children, 17 pimps, 142 beggars, 64 paupers in almshouses ; estimated to have cost the state more than $500,000. The trustees of the Children's Home in Washing- ton County, O., in their eighteenth annual report state that 66 per cent, of the inmates of their home from that county in the preceding two years had been related by blood or marriage. It is impossible to estimate the dreadful diffusion of criminal characteristics and tendencies which may be disseminated through the social organism in WITA T IS TO BE DONE WITH THE PRISONER? 1 7/ seven generations by the 238,000 present members of the criminal class in this country. There is virus enough in them to corrupt and poison the entire population in that time. Heredity of character is too well understood and too generally accepted as a fact to require more than the statement. Races, nations, communities, and families preserve their distinctive peculiarities through hundreds of genera- tions. Special skill and excellence in particular trades, occupations, and artifice have been recog- nized in particular families from the time of Tubal Cain and Moses to the present. Family traits, like- nesses, and tendencies are familiar to all, and heredity is acknowledged almost universally as a biological law as invariable as the law of gravitation. But we pay far more attention to the breeding of domestic animals than to that of their masters. It is time, however, that society should interpose in this propagation of criminals. It is irrational and absurd to occupy our attention and exhaust our liberality with the care of this constantly growing class without any attempt to restrict its reproduc- tion. This is possible, too, without violating any humanitarian instinct, by imprisonment for life ; and this seems to me the most practicable solution of the problem in America. As soon as an individual can be identified as an hereditary or chronic criminal, society should confine him or her in a penitentiary at self-supporting labor for life. Every State should have an institution adapted to the safe and secure separation of such from society, where they can be employed at productive labor, without expense to 178 PRISONESS AND PAUPERS. the public, during their natural life. When this is ended with them, the class will become extinct, and not before. Then each generation would only have to take care of its own moral cripples and defectives, without the burden of the constantly increasing inheritance of the past. The question of separate or solitary confinement need not be considered in such a prison. There would be no danger from contamination, no objec- tion on account of criminal acquaintance and com- panionship. The inmates would be compelled to be honest and harmless, and might be converted to a religious or Christian life, but they should be kept close nevertheless. No pardon, no hope of liberty should be possible except in a clear and positive case of mistake in the character, or where, after indubit- able reformation, the convict should be made inca- pable of reproduction. When upon a third conviction the judicial authorities determine the prisoner to belong to the criminal class, the law should imperatively require the sentence to be the penitentiary for life, whatever the particular crime committed. The main question to be decided should be, is the prisoner a natural or incorrigible criminal ? The certainty of the third sentence ending the social life would act as a power- ful deterrent upon criminals, and assist in the settle- ment of the question in respect to any case which even this fear could not restrain. A. board of pardon, consisting of the superintend- ent of the penitentiary, the sentencing judge, and the Chief-Justice of the Supreme Court of the State, IVHA T IS TO B£ DONE WiTtI THE PktSON&R? 1 79 might be given power to correct mistakes of sentence in annual session, when it could be done without danger to the public; but, except by unanimous action, even this should be made legally impossible. The penalty for murder, arson, and rape should also be a sentence to such a penitentiary. This should be constructed with a view to the safe confinement, economical management, and profitable employment of the inmates. Any excess of earnings above the cost of self-support should be applied to the relief of dependants of the convict. But hereditary criminals do not constitute the entire class. It is constantly recruited from the social lees. Drunkenness, excess, and vicious lives are constantly begetting " defective organizations," which will in turn beget criminals or paupers, as certainly as the child will bear the family resem- blance. The laws of heredity operate as inexor- ably downward as upward, under suitable conditions. The act and fact of reformation is naturally and solely individual. The reformed criminal must reconstruct his entire organism before he can beget reformed progeny. His children are morally certain to reproduce his natural immoralities. General Booth, the most far-sighted, benevolent, and whole-souled philanthropist of this age, whose life has been devoted to saving men, says : ' " There are some cases within our knowledge which seem to con- firm the somewhat dreadful verdict by which a man appears to be a lost soul on this side of the grave. There are men so incorrigibly lazy that no inducement you can offer will induce them to work, so ' Darkest England, p. 205. I So PXISONESS AND PAUPERS. eaten up with vice that virtue is abhoirent to them, and so inveter- ately dishonest that theft is to them a master-passion. When a human being has reached that stage, there is only one course that can be rationally puisued. Sorrowfully, but remorselessly, it must be recognized that he has become lunatic, morally demented, incapa- ble of self-government, and that upon him, therefore, must be passed the sentence of permanent seclusion from a world in which he is not (it to be at large." To quote from Morrison again, " It is hardly pos- sible to do anything with these offenders, and they unfortunately constitute at least one fourth of the criminal population." ' " The only effective way of dealing with the incorrigible vagrant, drunkard, thief, is by some system of permanent seclusion in a penal colony." ' This life confinement should not be confounded with the " indeterminate sentence " proposal, nor regarded in the light of a penalty for a single crime, which it is not ; but as the legitimate consequence of such a continuance in vicious practices, as has depraved and unfitted the convict for a share in the public freedom, and made him dangerous to the social organization and prosperity. He must be incarcerated for the public safety. In a less civilized and advanced society he would probably be put to death, and so exterminated. Our Christian charity and power may mercifully extend to him oppor- tunity for reformation and salvation, but it must prevent his perpetuation of his crime-branded lin- eage. The abnormal increase of criminals cannot ' Crime and its Causes, p. 224. ' Crime and its Causes, p. 226. V _^ .-^,5-^...., f^^. \, - 2f'' ■.■■■■'■; IP f It wBk ^ PORTRAITS FROM THE "ROGUES' GALLERY.' ILLUSTRATING A3N0RMAL PHYSIOGNOMY. H^/fA t IS TO BE DONE WITH THE PRISONER! \%\ be checked so long as unrestricted reproduction is permitted. With such an extirpation of the distinctively criminal class, the conservative, elevating, and reformatory philanthropy of modern society will be enabled to cope successfully with the degenerating influences constantly at work in the social fer- ment. The abnormal increase will be arrested ; but without this the task is hopeless, absolutely hope- less. The hand of reformation cannot efficiently reach or touch the loathsome creatures in the miry depths. As a matter of social economy, the costs of repeated crimes, detections, arrests, trials, trans- portations to prisons, and maintenance there, would in this way be entirely saved, as well as the conse- quential damages from future generations. The service of the life sentence need not be rigorously punitive. Its very hopelessness and seclusion would be sufficient in this direction. But it should be sure and certain as a life sentence, and attended with self-supporting labor at least, and profitable if pos- sible. This appears to us to be a perfectly just and righteous solution of the problem, and entirely within the proper power of legislation and govern- ment. We think it should be inaugurated without hesitation or delay. Nearly all the authorities and students of penology agree upon the necessity of permanent seclusion of the incorrigible, for the good of society ; but none, so far as I am aware, have so far urged this most important of all reasons for it, the natural extirpation of this class. The penal 1 82 PRISONERS AND PAUPERS. colony would only perpetuate it, but this plan is not to be thought of for America. Having provided for the extermination of the criminal class, Penological Reform must also con- sider measures to prevent its reconstitution from society. It is not only necessary that the citadel of crime should be besieged, but that its communica- tions of supply should be cut off. A complete dis- cussion of. this aspect would naturally comprehend in its purview the entire subject of sociology. But we limit our present study to the treatment of those who have been detected and arrested, who have thus manifested an inclination to sink below the social average towards the bottom, for the purpose of checking this inclination and restoring them to society. Major McClaughry, the eminent penologist who had charge of the Joliet prison in Illinois for many years, and lately resigned the superintendence of the Huntington Reformatory in Pennsylvania, to accept the office of chief of police in Chicago, says, "that criminal parentage, and association, and neg- lect of children by their parents," are the great causes of the increase of criminality in America. Mr. Charles Martindale says, in the North Ameri- can Review, " that pauperism and crime are the results of heredity, and association can no longer be doubted." The be"st authorities abroad fix the proportion of the incorrigible at from 25 to 32 per cent, of the convicts. In America it is undoubtedly larger, be- cause we have so long offered an open haven of JVHA T IS TO BE DONE WITH THE PRISONER? 1 83 refuge to all people, without any application of our proverbial common-sense to penal legislation and management. Without statistical information I should say that at least 40 per cent, of our convicts belong to the incorrigible class. We now have to deal with the remaining 60 per cent. Notwithstanding all that has been written upon ignorance, poverty, intemperance, climate, temperature, and seasons as causes of criminality, there are but two in the final analysis and classifica- tion. Heredity and Heteronomy, — inherited de- fects, or the corruptions of circumstance and associa- tion. Recent studies of the convict in prisons reveal the astonishing fact that the proportion of highly educated criminals to the number of highly educated in society, is greater than that of the ignorant criminals to the uneducated class, and that the number of convicts from the wealthy class is of a greater proportion than that from the poor.' Verily, ■ ' Honor and shame from no condition rise." Neither birth, nor culture, education, affluence, or social position, apparently, secure the individual from the attack of the spirit of evil, any more than they do from the measles, drunkenness, or smallpox. Indeed, the opportunities and temptations to ex- cesses and drunkenness in the higher classes natu- rally result in degradation and vicious diathesis in the descendant. Until the human race has been brought up to a condition of perfection, to the ' See Morrison on Crime, pp. 82, 143. 184 PRTSONERS AND PAUPERS. " measure of the stature of the fulness of Christ," " who knew no sin," and who had "power and au- thority over all devils, and to cure diseases," there will be a proportion in all the walks of life who will violate the restrictions of human and divine law. There will be found in the intricate system of co-op- erating physical, mental, and moral organization, which is named man, an imperfection, weakness, or unbalancing of power in certain individuals, what- ever their birth or education, which will render them liable to yield to evil influences and to fall into the commission of crime. In appendix will be found some interesting statistics from the census and re- ports of the State Penitentiaries of Pennsylvania, New York, Ohio, and Illinois, which corroborate this view.' The 60 per cent, we are now to treat of are largely the victims of heteronomy, the subjects of evil associations and environment. It is fair to assume in regard to these, that if the heteronomical conditions are changed and corrected for a sufficient time, a complete reformation can in most cases be accomplished, and the prisoner restored to freedom without danger to the public. Criminality is always a kind of disease, due either to physical, mental, or moral deformity, malformation, or vitiation. Crime is but the symptom. Some are incurably afflicted, others curably. There are chronic and temporary conditions ; active and morbid, violent and latent states. It is contagious, and sometimes epidemic. This is the accepted belief of those who have ' See Appendix, II. and III. WHAT IS TO BE DdNE WtTH TtiE PRISONER f 1 85 given the matter proper study. The argument in support of this conclusion is very fully made by ex-Judge Sanford M. Green, of Michigan, in his book on Crime, to which those interested are referred. The first thing necessary to be determined, then, when an arrest is made, is the character of the dis- ease with which the prisoner is afflicted. Is it hereditary or heteronomic, deep-seated or tempor- ary, habitual or sporadic. This diagnosis is of vital importance, because it is estimated that over 95 per cent, of the arrests made are for trivial offenses, slight aberrations over the line of rectitude ; mere sporadic transgressions, resulting from sudden im- pulse, passion, or accident, which instantly transfer the prisoner from his place in society into the ranks of the criminal. The accidental transgressor should be restored to his place again in society, before he is contaminated by or identified with this class, either in his own mind, or in the public estimation. That is, the effect of the arrest upon this 95 per cent, must be made as slight as possible. Indeed, arrests should be avoided, except in the most necessary cases, as conducing to criminality, rather than restricting it. But if an arrest must be made, the effort of the officer of the law should first be directed to prevent confinement. For disorders, misdemeanors, and the infraction of local ordinances, it would be far better that the prisoner should be taken home or before a magistrate to be fined, or even dismissed with a reprimand, than that self- respect should be impaired by imprisonment, or 1 86 PRISONERS AND PAUPERS. criminal disposition, acquaintance, and association formed. The best system that has been devised for avoid- ing the evils of imprisonment and indiscriminate arrests, is undoubtedly that which has been in suc- cessful operation in Boston for more than ten years, which is called the " Probation " system. The city is divided into districts, each having a " Probation " officer in supervision of the persons arrested in his district. It is his duty to get the names of all arrested, examine the history and character of the prisoner, visit his residence and family, and if he concludes that it would be best, and the charge will permit, he recommends his liberation ; if found guilty, that sentence be postponed. He keeps him under supervision for a year, assisting him to an honest living if possible, or if he fails to do well orders his arrest and sentence. One district there records 7,25 1 cases under the probation officer in ten years, of whom only a little over i per cent, ran away, and but 6^ per cent, were returned for sentence. The dread of the jail is the most powerful deter- rent to those who have not suffered the degradation of an imprisonment, or enjoyed its comfortable ease. No child under eighteen years of age should ever be sent to a jail. A "jail bird " is branded for life, and without powerful assistance from within and with- out, stands a small chance of escaping permanent criminality. Fines, restitutions, and compensations, under outside supervision, anything almost, should be substituted for a jail sentence. Where imprison- ment is necessary, it should be for first and second IV HA T IS TO BE DONE WITH THE PRISONER? 1 8/ offences of the corrigible, to a State reformatory. The law under which conviction is had is a law of the State, and its penalties should be enforced under State jurisdiction and superintendence. The State rather than the county is responsible for the future of the convict. He is adjudged diseased and needs cure. His case must be wisely studied, and receive appropriate treatment. He must be educated into correct notions of right and wrong, be taught self-restraint by the influences of rigid disci- pline, and self-command, self-reliance, self-support, and the habit of industry, by the tonic of hard labor. His body, mind, and soul must be brought into rational, harmonious correlation and co-operation. This can only be accomplished in a State institution of sufficient importance to warrant capable manage- ment ; where defects and weaknesses, physical, men- tal, and moral, can be discovered and possibly reme- died ; bad habits corrected and good inculcated, by intelligent exercise, education, and religious instruction. The laws concerning the punishment of children especially need a thorough revision. Children are sent to jail, and transformed there into criminals, in Pennsylvania and in most States, for mischief of various sorts, such as trespass, skylarking, stealing fruit, petty larcenies, riding on railroad cars, and " incorrigibility " (which last is most frequently parental incompetence or heartless desire to be relieved of the support of their children). Such children should be controlled and punished by their parents, who should be held legally responsible for 1 88 PJiiSONERS AND PAUPERS. the conduct of their children during their minority. This is the natural way of controlling them, and would be by far the most efficient with the natural parent and child. Abnormals should pass into the reformatory. Children of unnatural or vicious par- ents, however, should be taken under the care of society, and their parents punished. Child-saving societies and institutions are the most efficient and hopeful agencies of all for diminishing the criminal class. They ought to be established in all large communities, and be represented and supported everywhere. Through them homes can be secured for children of unnatural parents, or those without proper parental control or support. Christian women can accomplish more, in this direc- tion of philanthropic effort, toward the reduction of crime and for human progress in general, almost than in any other. It is the kind of work to which they are adapted by nature. Legislation should make it obligatory upon the courts to take charge of neglected children, and either enforce proper parental care or transfer them to such an institution as will attend to the rearing of them up into honest and self-sup- porting citizenship. The reformatory for youth should be a reform school rather than a prison, in its design and manage- ment. The experience of the reform schools of England, France, Germany, Massachusetts, Connec- ticut, New York, Ohio, and Michigan demonstrate the inutility of prison walls and cells. The grand success of Christian kindness and charity, in dealing with the young, has the seal of promise and expe- WHAT IS TO BE DONE WITH THE PRISONER} 1 89 rience both. These institutions reclaim on an average 85 per cent, of their inmates, mostly convicts. The percentage would be larger if the incorrigible should be transferred from them to the penitentiary for life. It is evident from these considerations that our present penal legislation requires a complete reorgan- ization. Laws are largely the outgrowth of prece- dents, which stretch back into the earliest times. Thus they are venerated for age and immemorial usage, often when the fundamental principle has become obsolete. Our penal code has been amended, modified, and added to for centuries, but it has grown up about principles which took root and germinated in a barbaric age. Based upon the now absurd theory of punishment for crime, instead of the natural and rational one of correction of the relations of the offender to society, it is utterly un- worthy of and abhorrent to our present knowledge and civilization. It should be remodelled, or rather entirely repealed, and a new code enacted, with a chief regard to the person of the prisoner instead of the accident of the crime. It must substitute for the vindictive idea that of disease in the culprit. It must prescribe for the cure of the curable, and the permanent seclusion of the incurable. To this end all definite time sentences should be abolished ; all convicts committed to the reformatories upon an indeterminate sentence, until they are by proper authority adjudged permanently restored and fit for social freedom. The incurable should be transferred to the penitentiary of the incorrigible. By such a system all the unjust and crime-encouraging differ- I go PSISONERS AND PAUPERS. ences and uncertainties of sentences, which are the inevitable result of the " discretion " of judges of dif- ferent temperaments, intelligence, and environments, would disappear, and all criminals everywhere receive a uniform treatment. This in itself would produce a powerful moral deterrence upon criminals. But the most beneficent influence of such a reor- ganization would appear in the opportunity afforded for an exhaustive effort for the reformation and cure of the criminal, almost impossible under the present illogical and unreasonable system of definite time sentence. It is as manifestly impossible for a judge to predetermine the time required for the cure of a criminal, as for a physician to diagnose the time necessary for the cure of his patient. It is as absurd to sentence a criminal for thirty, sixty, ninety days, or one, two, or five years, as to commit an insane person to an asylum for a similar period. Let it then be made the duty of the judges to commit every prisoner, upon the first or second conviction, to a reformatory indefinitely, and a competent tribunal be established to terminate this commitment by liberation, or transfer to the penitentiary. The periodical removal of the incorrigible from the re- formatory will nullify many of the objections raised against the present educational features of reforma- tory management in America, which have given these institutions the name of " Collegiate Prisons " abroad. There will then be necessary, in each State, local jails for the retention of prisoners awaiting trial, the reform school for minors, the reformatory, and the WHAT IS TO BE DONE WITH THE PRISONER t I9I penitentiary for chronics or incorrigibles. A simple, uniform, and certain course for the criminal, inevita- bly devolving upon his personal choice, nature, and responsibility, the quantity and quality of the recom- pense to be made to society, and the punishment to be endured for the infraction of the law. So, exact justice would be secured, both to the public and convict, which at present is generally disputed, and seldom possible. The penitentiary, reformatory, and reform school would necessarily be under State man- agement, and competent superintendence with the most intelligent system would eventually be secured. Great Britain supports over four hundred reforma- tories and industrial schools, through which have been passed in twenty years over one hundred thou- sand children and youths ; and they have been able to close there fifty-six out of one hundred and thirteen prisons and jails within ten years. During this ten years the number of male prisoners there has de- creased 28 per cent., and the female 45 per cent., and this notwithstanding a natural increase in popu- lation. The British Home Ofifice reports, " It is cer- tain that by reformatories and industrial schools a large proportion of the supply of raw material for the manufacture of criminals has, to a great extent, been cut off." ' The foregoing is the system and these are the methods to be striven for and attained in the future. Concerning the treatment of prisoners in our present State institutions, reformatories and penitentiaries, ' These statements are taken from an address of Hon. Robert Stiles,- president of the Prison Association of Virginia. 192 PRISON^ERS AND PAUPERS. little need now be said. They are, in Pennsylvania especially, in charge of intelligent and experienced managers, who have devoted years of conscientious study to the subject'of criminology and penology. Men who have well defined opinions, and pursue consistent and wisely planned methods, intended for the best and broadest results in dealing with those in their charge. The separate system in the Eastern Penitentiary, under the illustrious Hon. Richard Vaux, and the almost equally well known warden, Michael J. Cassidy, has been in successful operation for many years. It is known the world over as the "Philadelphia" or "Pennsylvania" system, and as such is being gradually adopted in other countries. In our Western Penitentiary, the congregate system has been brought to its highest efficiency under Major Wright. In both, the reformation of the con- vict is the main purpose and desire, and the public costs are reduced to a minimum, for the system. Probably little improvement in results is to be ex- pected from well managed State institutions under our present penal code. They all do the best they can with the heterogeneous mass temporarily under their care, constantly discouraged by the conscious- ness that many are hopeless recidivists upon whom all their labor is in vain. In the purview of punish- ment and reformation, as well as the prevention of the diffusion of criminal knowledge, taste, and habits, separate confinement is generally accepted by penol- ogists, as the most rational and hopeful, and conse- quently the most economical, kind of imprisonment ; certainly so long as the chronic, natural criminal is WHAT IS TO BE DONE WITH THE PRISONER} 1 93 to be incarcerated with the sporadic, or accidental. The manifest failure of philanthropic and intelligent management to produce the desired results is chiefly due to causes outside the institutions ; to the faults of the laws under which they are operated. As prisoners are first gathered into jails to await trial or to expiate minor crimes, jail-management effects the larger number, and is consequently the most important factor in this consideration. There are in the United States, seventeen thou- sand and fifty-eight county-jails, and only forty-four juvenile reformatories. There is no juvenile reform- atory in Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indian Territory, Mississippi, Mon- tana, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washing- ton, West Virginia, or Wyoming. They have been established in all the States of the North Atlantic census division, and in all but two of the North Central division, while there are but three States which have them in the South Atlantic division ; two in the South Central ; and two in the Western.^ It is of interest to note that the census reports of 1890 show four fifths of the negro-convicts in the South Atlantic and South Central divisions, and more than three fifths of the negro juvenile delin- quents in the North Atlantic, North Central, and Western divisions. It is the unanimous testimony of every one who is conversant with the management of county-jails, ' Census Bulletins, Nos. 72 and 95. 13 194 PSISONEJiS AND PAUPERS. that they are nothing more or less than breeders of criminals, where they are, as is generally the case, committed to the superintendence of political sheriffs, who have secured their election for the profit of the office, to be acquired in a single term. Eminent penologists have repeatedly denounced them as a more prolific cause of the increase of criminality than intemperance even. Were the sheriff actuated solely by a desire for the reformation of his prisoners, he could scarcely acquire, during his brief term, a super- ficial knowledge of the proper duties of a warden. If by diligent care he should obtain this, he would quickly be obliged to give place to a new and ignorant incumbent. Hon. Eugene Smith, one of the vice- presidents of the National Prison Association, de- scribes most concisely, in a paper read at the annual convention of the association in 1885, the evils of sheriff-management, as follows : " The sheriff is an autocrat in the county-jail ; its management is a disagreeable part of his function and is tolerable to him only as it is made profitable. The sheriff's office, speaking generally, repre- sents a bad element, but a very powerful element, in local politics — an element which takes little interest in moral reforms, but has a keen eye for the emoluments of office. Improvements in the county- jail involve the expenditure of money ; the sheriff is averse to incurring such expenditures on his own account, and in justice to him it must be said that the people are equally averse to raising the money by taxation. There is no tax that the supervisors of the county are so loth to impose, or that the people so grudgingly pay, as a tax to enlarge or improve the county-jail. The public take no interest in details about the management of a prison ; the whole subject is most posi- tively distasteful to them. There is no organized public body that feels much responsibility about the county-jail ; and so the whole business is relegated to the sheriff, who exercises a supreme and un- challenged control. The sheriff has a brief tenure of office, he has WHAT J S TO BE DONE WITH THE PRISONER? I9S little knowledge about prison-management, and still less about prison- reform. He takes the jail as he finds it, and administers it as his predecessors have done ; and so it has been handed down from gen- eration to generation. Indeed, the sheriff, even if an earnest and intelligent reformer, would be powerless to accomplish any radical improvement. He could not keep the prisoners in solitary confine- ment, because the construction of the jail is such that the inmates of cells can communicate with each other almost as freely through the grated doors as when congregated in a common hall. He could hardly be expected to keep the prisoners at hard labor unless some specific appropriations were made for the purpose. The possibilities of jail-reforra by the action of the sheriff are only in superficial and meagre particulars." We foolishly maintain then, in America, forty times as many criminal hotbeds as reformatories, re- cruiting depots for the criminal class in nearly every county, while more than half the States make no of- ficial effort for its reduction. Designed apparently, as a general rule, without the faintest conception of the proper purpose of confinement, with no visible object except security, combined sometimes with cheapness, sometimes with an attempt at architec- tural display, committed to the management of a professional politician as a reward for partisan ser- vice rendered or required, the county-jail is an un- mitigated curse upon the community. And yet, quoting again from Hon. Eugene Smith : ' ' If all the convicts now herded in the county- jails were placed in reformatory prisons under a proper and skilful regimen, it is a rea- sonable anticipation that 80 per cent, of them could be reclaimed from crime and so trained as to lead a life of honest self-support. As to the economic gain to the property interests of society in being freed from the depredations of so large a fraction of jail convicts, I shall make a statement which will appear startling and extravagant, 196 PRISONERS AND PAUPERS. but it can be fully vindicated by positive figures at my command — ike saving to the community, computed in actual money, resulting from the reclamation of 80 per cent, of our jail convicts, would be sufficient in a single year to rebuild all the county-jails in the United States." This is an undisputable fact, and seems sufficient in itself alone to account for the evil we are discuss- ing. We might well afford to destroy and reconstruct all our defective jails at once, as well as our penal code, to effect a reduction of 80 per cent, in the num- ber of those we are supporting continually in and by them. No county can afford to maintain the infa- mous jails as they at present exist at the county towns. No State should tolerate their influence. However small the number of inmates, they must be confined separately, and without the possibility of intercommunication and association. Under our present laws they will for a time, doubtless, be con- tinued as a necessary evil, but they should be used only for the temporary confinement of prisoners awaiting trial. No convict ought ever be confined within their walls. Until the whole penal system is reorganized upon a new basis of common-sense, the following princi- ples should regulate their management. I venture these suggestions as the result of careful observation and some study, in the hope that their publication may result in a temporary reduction in the conta- gion of vice which is now disseminated through the community by them. First. There should be separation of the sexes, so complete and distant as to preclude the possibility of a single communication by sight or sound. friTA T IS TO BE DONE WITH THE PRISONER) igj The necessity of this is obvious to all who know anything of the depravity of the habitual "jail-bird," of both sexes. It is too horrible and ingenious for publication. The entertainment obtained by ob- scene conversation through soil pipes used as speaking tubes, is beyond the imagination of most people, but these creatures seem to enjoy even this where it is possible, and sign language where that can be used. Second. Confinement of the accused, whom the law assumes to be innocent until convicted, and de- tained witnesses, under fairly comfortable circum- stances, and entirely apart from convicts. As some of the accused, however, would be of the depraved and vicious class, it is necessary that the jailer should exercise the utmost diligence that none of such should have intercourse with the others. Un- tried prisoners, quite free from suspicion of innate depravity, might be allowed intercommunication, but where there is a possibility of corruption, separate confinement should be rigorously enforced. Children and youths should, of course, be kept separate from adults especially, as well as from one another. Third. Convicted prisoners should invariably be held in solitary confinement, and secluded from in- tercourse with the outside world. This is important in order that the imprisonment may be irksome, that there may be no distraction of the mind from whole- some meditation upon the folly of their course, and that reformatory influences may have uninterrupted effect upon them, as well as to prevent them from corrupting others, or strengthening one another in vicious thought and knowledge. IgS PSISONEJRS AND PAUPERS. Fourth. Convicts should be made to work regu- larly ten hours a day, in order to contribute as much as possible to their own support, but chiefly that a habit of industry may be instilled into them, and that they may be taught an honest means of livelihood. They should be clothed in a distinctive prison garb, and their diet be made as plain and cheap as is consistent with the preservation of health. Fifth. Regularity, system, order, and neatness should be enforced in all the operations and conduct of the institution. The convict needs to be taught these habits as the first step in reformation, and they are quite as essential to the proper and economical management of the jail. Sixth. Visits by friends and companions of con- victs should be strictly prohibited, except by a mem- ber of the immediate family, at rare intervals. Gifts and presents, calculated to alleviate the discomfort and rigor of confinement, should not be permitted, nor should the Police Gazette and such periodicals as criminals delight in ever be allowed inside the walls. It would be better to prohibit newspapers altogether. Seventh. Convicts should not be permitted to cover the walls of their cells with pictures or hang- ings, because they are not intended to be a home- like or comfortable place, and because such things may become the breeding places of vermin and noxious things, or hide attempts to dig through and escape. Eighth. Liquor and tobacco should be strictly prohibited, under all circumstances, to convicts. All WHA T IS TO BE DONE WITH THE PRISONER? I99 letters sent, or received, should be read by the war- den, restricted to necessary family matters, and to long intervals. Ninth. All of the work of the jail should be performed by the prisoners, as far as is possible; certainly the regular scrubbing and semi-annual whitewashing, both as a measure of economy and exercise. Floors and all wood-work in cells and cor- ridors should be thoroughly scrubbed at least twice a week, and cleaned daily. Every prisoner should be made to bathe once a week. Immediately upon the admission of a prisoner, he or she should be examined by a physician as to physical health, be given a bath and a clean suit of clothes, vaccinated if necessary, hair cut, height, weight, and description taken and recorded, and the personal effects and clothes, after cleansing the lat- ter, packed up with a description list, and stored for restoration upon liberation. Prisoners should be required to rise at five in the summer and at six in winter, wash and dress, make their beds, and arrange their cells in order before breakfast. This, and all meals should be served, for the separately confined, in the cell. Two hours after rising, work should begin, and continue until noon, when half an hour's exercise should be given in the open air, when possible, before dinner. At one o'clock work should be resumed, and continued till six o'clock, with half an hour of open-air exercise. Sup- per should be at 6:30 ; at nine all lights should be extinguished, and prisoners go to bed. They should not be permitted to sleep in their day garments. 200 PRISONERS AND PAUPERS. Beds should be straw or husk mattresses, furnished with sheets and pillow-cases and sufficient blankets. The cheapest and best bedstead for jails is made with two wooden saw-horses and three inch-thick boards, a foot wide and seven feet long, which can be washed and kept clean. No other furniture than a chair, a small table, three hanging shelves, wash basin, a small mirror, tooth- and hair-brush, and comb are necessary, or should be allowed. Work in jails cannot well be made profitable on account of the usually short sentence to be served, but stocking-knitting with machines, carpet-making, mat-making, brush- and broom-making, and, best of all, shoemaking and cobbling, can be usefully con- ducted. Machinery has so completely taken the place of hand labor in the manufacture of boots and shoes that the old-fashioned shoemaker is hard to find, and it is difficult to get a shoe mended any- where. If prisoners were taught in jails to make shoes and slippers for the inmates, they might acquire a trade which would afford them a certain support upon liberation, and so a double utility be received from instruction in this. All bedding and under- clothing should be made and washed in the jail where the inmates are sufficiently numerous, and, where the character of the prisoners will permit, the outer clothing should also be made by them. The best of them should cook and serve the meals and do the kitchen work. In localities where there should be a market for it, kindling-wood might be prepared and sold, or stone broken for country roads. Industry of some kind should be regularly enforced. H^ITA T IS TO BE DONE WTTtI TRE PRISONER ? 20I The tendency in all jails managed by sheriffs is toward extravagance and unnecessary attractiveness of food supplies to prisoners. The comfortable quar- ters, ease of life, and superior food furnished at public expense, makes jail life so desirable to tramps, vag- rants, and the large class determined to live without work that " good jails " have become a favorite winter resort for them. They get themselves incarcerated, to enjoy the comforts supplied by a thoughtless pub- lic, by the commission of some venial offence, and are frequently known to complain of the unexpected brevity of their sentence. It is absolutely necessary that jail life should be made in all respects less agreeable than that to which the prisoner is accus- tomed at liberty, to secure any deterrent influence from it. As a guide for inexperienced sheriffs and wardens, we offer the following suggestions upon the jail dietary. We have obtained from Mr. Michael J. Cassidy, the well-known warden of the Eastern Peni- tentiary of Pennsylvania, who has had a long and successful experience in the management of prisoners and prisons, the following expression of his views upon the food question, as valuable as any obtainable, and we quote them in full : " A proper diet for persons confined should not be a fixed diet. Much depends on the location and the condition of those to be cared for. A certain quantity, or one particular sort unvaried, is not best ; as much variety as the produce of the locality in which the institution is located, sufficient in quantity, distributed in accordance with the judgment of the management or direction is better. Some physical constitutions require more than others. A fixed quantity would not be economy. Good and sound articles of food, certainly not 202 PRiSOlfERS AND PAUPERS. fine or specially selected ; vegetables that are in general use, and bread made from sound wheat flour, not high bolted, but that which contains some of the middlings ; meats such as can be made into stews or soup, all grease or fats of the meats used in the food in some way should constitute the general diet. Short-calce or bread, with lard made up in it, one day in the week is very de- sirable. The following are the daily rations as served at present : Bread is given according to the need of the prisoner, coffee in the morning, tea for supper ; Monday, beef soup, with vegetables, pota- toes, turnips, rice, or barley, one pound of beef cooked, cut into rations and served separately ; Tuesday, short-cake and one half pound of bologna sausage ; Wednesday, bean sonp and beef ; Thurs- day, satter-kraut and one half pound of pork ; Friday, Irish stew, beef, unions, potatoes, and barley ; Saturday, mutton soup, three fourths of a pound mutton, and vegetables ; Sunday, meat pie, beef, onions, and potatoes with top and bottom crust, baked in pans in the ovens in which the bread is baked. " The above may be varied or changed any time. Green vegetables in season, when they are abundant in market, such as tomatoes, green onions, carrots, beets, and pickles, when they are low in price should be supplied. I cannot suggest a more economical method than the above." The army ration for a ten days' supply of the articles of food enumerated below indicates what is ample for men in active service, and need not be exceeded in the issue to prisoners in jail : Roasted coffee, 12.8 ounces; tea, 2.4 ounces; vinegar, 3.2 gills; molasses, 0.8 gills; soup, 6.4 ounces; salt, 6 ounces ; pepper, 0.4 ounces. Three pounds of fresh vegetables are equivalent to one pound of beans, peas, rice, or hominy. Vinegar, molasses, salt, pep- per, and soap should be issued in about this propor- tion to the cell ; then the following dietary would be suitable for a week, varied according to location and season. Tea and coffee should be served clear. tViTA T is TO BE DONE WITH THE PRISONER? 203 A suitable and economical dietary for use in county- jails is given in the Appendix, for the information of those interested in a proper supply of food to prisoners.' By such a management of jails and the prisoners in them, many of the evils which they now propagate may be corrected or diminished, and some reduction be made of their contribution to the general stock of criminals in numbers, as well as of the total and per capita cost of their support. Permanent seclusion for the natural and incor- rigible criminal, and indeterminate sentence to a reform school or reformatory for first and second convictions, except for the most heinous crimes, and special, permanent wardens for all jails, with complete reform of management, are the three vitally essential requirements of modern penology in America. ' See Appendices IV. and V. CHAPTER XIII. PAUPERS AND POOR-HOUSES. Anomaly of Pauperism in the United States — ^Amount and Cost of It — Causes and Classification — Defectives — Victims of Acci- dent — Hereditary and Incorrigible — Illegitimate Children: Number of and Treatment — Homeless Children — Four Objects of Charity — Out-Door Relief of — Prof. McCook's Report on — Evils of — Heteronomic Paupers — Legal Reduction of Their Numbers — Almshouse Treatment — County Visitors — Location and Construction of Almshouses — Discrimination as to Admis- sions — The Four Motives of Management — Gradation of Re- sponsibility — Religious Privileges — Conclusion. We now turn briefly to the subject of pauperism in America. We confine ourselves to America be- cause the conditions of society in this country are essentially different, in respect to the independence of the individual, from those existing elsewhere. It is our just pride, that in the United States every human being of sound body, mind, and soul, has an equal and perfect right to, and ability for, an inde- pendent existence. There is absolutely no external restriction of birth, circumstance, or law, upon his comfortable self-support, success, or ambition. The human nature is entirely untrammelled and unfettered in the struggle and competition of life. The neces- sary supply of food, fuel, clothing, and shelter are ample, and obtainable by a reasonable minimum of 204 PAUPERS AND POOR-HOUSES. 20$ industry. It may be asserted with assurance that no sound man, woman, or child in good health in this country need ever be a pauper. But humanity is the same here as elsewhere, and presents the same examples of widely diversified, and different grades of ability and independence ; all the way down from the distinguished accumulator of immense wealth to the helpless imbecile. The social condition here, as everywhere, in civil- ized Europe, antique Asia, or savage Africa, is an effervescence, in which strength and purity are con- stantly rising toward the top, and weakness and the dregs are settling toward the bottom. The condition is constant, the proportions only are variable. Under our institutions, an intelligent sociology can and will produce a maximum of clarification and a minimum of lees, the greatest human advantage, and social economy. The line of separation between indepen- dence and pauperism is marked everywhere at the point of ability for a self-support, congruous with the condition of civilization in the community. Our conditions and standards of living are higher than the average, but our institutions are also the most elevating, and the proportion of our population above that line to that below would increase much more rapidly, but for our incomprehensible neglect of rational measures to restrict degeneration, and the constant influx of those who are below it from all over the world. The distinguished Professor R. T. Ely, of New York,' estimates the number of paupers in the United States at about 5 per cent, of the ' The North American Review for April, l8gi. 206 PRISONERS AND PAUPERS. population, or over three millions; and their pecu- niary cost to the country one hundred million dol- lars per annum. Our case is therefore not only special, but serious. Nature requires active and im- mediate assistance for its relief and convalescence. The subject, notwithstanding our wonderful growth in wealth and general prosperity, is worthy careful and exhaustive study, and courageous intelligence of treatment. Pauperism has been attributed to various causes ; but in America, as in the case of criminals, paupers may be all resolved into two classes, as determined by the cause. Heredity and heteronomy; natural incapacity from deterioration, and the force of environment, developed in habit or misfortune, will account for the whole class. These two classes require quite different treatment. For convenience of consideration they may be separated into three sub-divisions. First, we have the incapable, by nature unable to maintain themselves without assistance ; the physically, mentally, or morally defective ; cripples, deformed, deaf, blind, imbecile, weak-minded, dis- eased, insane, or criminal. Second, beggars, vagrants, tramps ; the incorrigibly idle, dissolute, and criminal, who prefer to prey rather than work. These two classes are mostly hereditary paupers. They are the victims of congenital defects ; the pro- duct of ancestral excesses, weakness, or sin. Third, the unfortunate ; whom adversity, destitu- tion, old age, affliction, sickness, or accident, have PAVPMRS and POOR-HOUSES. 267 reduced to a necessary dependence upon charity for the support of life and health, either temporarily or permanently. These are mostly heteronomics, many of whom a change or improvement of environment will restore to independence. For the maintenance of the morally defective or criminal pauper, society has been compelled to pro- vide temporarily, at the discretion of judges and juries. We have suggested plans for disposing of these in the preceding chapter. Our States most advanced in civilization have also recognized the claims of the principal defective classes, such as the insane, deaf, blind, and imbecile, for public care, by the establishment of special asylums for their main- tenance by taxation. This is a first step imperatively required in every State ; for all classes, where they are sufficiently numerous, to warrant separate treat- ment. The next should be to secure such manage- ment of these institutions and their inmates, as to reduce the public burden of these classes to a minimum. This object will be attained by such instruction, training, and employment, as will prevent their repro- duction, supplement their several defects, and render them as far as possible self-supporting. This can only be satisfactorily accomplished in moderately large State establishments, under skilled and intel- ligent direction. It is manifestly impossible in alms- houses. Irresponsible victims of a congenital mis- fortune as they are, it is absolutely necessary for the good of all that they shall be prevented from trans- 208 PXISONSRS AND PAUPERS. mitting their incapacity to future generations by marriage. They must be denied that privilege as a price of the assistance they receive from the public, for it is obvious that society might better permit them to perish, than to allow them to perpetuate, through generation after generation, their depend- ence upon the public. The alarming increase in the number of these, where they are systematically sup- ported by the public, and where, for this reason, accurate statistics are accessible, is undoubtedly mostly due to hereditary transmission of defects and tendencies from parent to child. This unnecessary and unnatural increment should be. prevented by adequate police regulations. Legislation should prohibit the marriage of the physically, mentally, or morally defective person, provide for the complete seclusion of these by law, and punish illegitimate sexual intercourse with them by a life-sentence to the penitentiary. The noble spirit of philanthropy dangerously inter- feres with the natural processes of extinction of the deteriorated, incapable, and unfit, by interposing public care when they would perish if left to them- selves by induced sterility and weakness. The dis- eased, crippled, or degraded pauper ought to be placed in special hospitals under State management, for cure, and surgical or educational treatment. In this way many might be restored to a condition of self-support, and liberated without danger to society, either from themselves or their descendants. In cases where competent medical authority should decide that defective offspring would naturally ensue upon PAUPERS AND POOR-HOUSES. 209 marriage, the patient should be detained in seclusion, and made to devote his life to earning his own and his dependent's support, under public care and direc- tion. In such hospitals the victims of disabling acci- dents could and should be cared for and assisted, although, of course, without restriction as to mar- riage. Almshouses are as unfit and unsuitable places lor the proper maintenance as these, as they are generally acknowledged to be for the maintenance of the large defective classes of deaf, blind, and in- sane. In such hospitals also, the weak-minded, the harmless and mildly insane, epileptics, and the in- capable crank, could be cared for, made useful, and so prevented from propagating their disability. Modern philanthropy has provided hospitals in our densest communities for the temporary relief of almost every special ailment ; but, so far as we are aware, no State or city has yet established an institu- tion for the permanent treatment and care of these large classes of defectives. A complete and com- prehensive plan for dealing with pauperism must, however, include such an institution for each definite ratio of population. A ratio which could be properly determined by an examination of the various institu- tions where they are now maintained. The second class of paupers, by our analysis, the hereditary or incorrigible beggar, tramp, vagrant or idler, should be incontinently passed into the State reformatory for convicts, to be treated ; and either transformed into honest self-supporters, or transferred into the State penitentiary, for life. The attempt to procure an unearned living, the practice, or habit 2 to PklSONERS AND PAVPEKS. of securing it, is in itself a theft from society. It is a crime against social order and divine law much more grave and injurious to the public, than any single taking of the property of an individual with- out his knowledge or consent. It should be made a penal offence, and consign the offender to his appro- priate place among other convicts, where such of- fenders would become subject to the same influences and restraints as have been recommended for crimi- nals, to which class they belong. Such an enactment would of its own motion tend to restrain and reduce the numbers disposed to fall into this class, and by its terror very largely protect society from those outrages which it now frequently suffers from it. It is well known, moreover, that the entire class is largely composed of criminals at large, who would thus be gathered into the institutions intended for them, without the cost or delay of a special crime, detection, trial, and conviction. This would be a result of important public economy, and sufficient alone to warrant the legislation required. Another considerable and important class requir- ing special legislation and treatment is composed of those commonly spoken of as " unfortunate girls." It is made up of persons of all degrees of intelligence, immorality, and depravity, from the comparatively innocent victim of seduction to the common prostitute. They are driven to the almshouse or charitable institution by the compulsion of their circumstances. They remain pauperized so long as may be necessary, and depart, leaving their offspring to be reared at public cost ; many returning repeat- PAUPERS AND POOR-HOUSES. 211 edly for the same cause, and never leaving better than they came. Indeed, with this double brand of sin and pauper- ism upon them, thei-e is but one way to open them, — it is the way which " taketh hold on death." Under present conditions they are not only condemned to the pauper criminal class themselves, but to a con- tinual breeding of criminals and paupers. Their children, " conceived in sin " and brought forth in iniquity, generally inoculated with the virus of drunkards, tainted with physical disease as well as moral corruption, are, if they live, destined by the law of heredity to follow the parental tendency, often so strong and dominant that, even under the most favorable environment and the wisest training, they are unable to overcome it. The number of these illegitimates added to the population annually is much greater than is generally supposed. If the whole truth could be known, I have no doubt it would be appalling. I have been in almshouses where a stock of two dozen cradles were not considered unnecessary. There were twenty-one born in the Hillside Home of Scranton in the first six months of 1891. The number of children born in the almshouses of Pennsylvania each year, ending September 30th, for the ten years beginning with 1880, as shown by the reports of the Board of Public Charities, was consecutively 406, 355, 416, 435, 481, 436, 383, 376, 391, 365, a total of 4,054, and an annual average of 405.4. In 1889 there was added a report of seven " lying-in " hos- pitals in Philadelphia and fifteen general hospitals 212 PSlSOIfEJiS AND PAUPERS. throughout the State, showing 505 illegitimates born therein ; which, added to the average, makes a total of 910. In 1890 the total from both sources was 852. The reduction of births in almshouses since 1885 is doubtless to be attributed to improved hos- pital facilities. If the same ratio prevails throughout the entire population of the country, it would have yielded 10,834 illegitimate children to the United States in 1890. There is no good reason for believ- ing that the state of society in Pennsylvania is worse than the average in this respect, and we are com- pelled to conclude that the criminal and pauper class is being augmented by births from this source alone at the rate of at least 10,000 per annum, in addition to the legitimates, if we may so call them, or the births to married criminals and paupers. This is certainly an element of large and serious consequence in our sociology. It reveals a condition which must be promptly recognized, adequately dealt with and counteracted. The danger of such an infusion of corruption into our national life-current cannot be safely ignored, for it is as great as any that threatens our welfare. Scarcely any intelligent or comprehensive remedial scheme has been attempted, except perhaps by the Roman Catholic Church, in its system of " orphan- ages " for children and " Houses of the Good Shep- herd " for the mothers. In these institutions, which are models of good management, the children are reared under kind and religious instruction until they can be entrusted to good familes ; and the mothers maintained in seclusion occupied with useful indus- PAUPERS AND POOR-HOUSES. 213 try until, reformed in character and health, they can be restored with safety to society. They indi- cate the general direction of the effort which must be made to meet the necessities of the case. The first object society has to consider in the matter is to stop this illegitimate increase. The second is the reformation of the mother, and of the father, if he can be caught. The third, the rearing of the children into a condition of independent good citizenship. The proportions of the evil have passed beyond the powers or control of private charity, and urgently demand the exercise of governmental func- tions. Every State must establish a " House of the Good Shepherd," though not in the ecclesiastical sense, sufficiently commodious for the care of all unmarried pauper mothers, to which the laws should compel its magistrates to remove them, with their children, wherever they are found, as soon as fit for removal; where they should remain at least two years to care for their children, if they live so long, or if they should not, until in the judgment of the matron and committing magistrate it would be best to restore them to freedom. In these houses the mothers should be kindly and judiciously trained, physically, mentally, and morally, with a view to reformation and cure. They should be kept em- ployed, to educate them to honest self-support, and to reduce the expense to the public. The manifestly defective, diseased, or incorrigible should be trans- ferred to the penitentiary for females, while the healthy and reformed should be provided with good 214 PjRISONERS and PAUPERS. situations. When the children arrive at two years of age they should be transferred to nurseries and kin- dergartens, whence, at a proper time, it should be the effort of the management to remove them into pri- vate families, by adoption, or indenture, if they are healthy and sound. These nurseries would afford employment for the best of the mothers. The State of Pennsylvania requires such an institu- tion to accommodate at least one thousand at the present time. As it would be expected to greatly diminish the evil it would be intended to relieve, the institution need not be of expensive design or con- struction. The buildings should not be large ; they should be detached, for a proper division of the mothers according to moral and physical conditions, and for the care of the children. It should be managed by Christian women of ability and intel- ligence. Such an establishment would doubtless save the public direct cost of at least two hundred thousand dollars per annum ; and more than twice that much in indirect and consequential damage. This, too, would be a constantly increasing benefit, for the number of depraved mothers is increasing, and contaminated children are multiplying contin- ually under our present neglect. Homeless children are a still larger class of pau- pers needing special care and attention. The deserted waifs of our city streets, the neglected offspring of the criminal and drunkard, orphans and half-orphans of the indigent, who may be un- able or unfit to properly rear them, constitute an important and growing element of our denser com- PAUPERS AND POOR-HOUSES. 21 J munities, and require the immediate consideration of legislators for the protection of society. The pressure of necessity has compelled charitable societies and individuals to establish houses of correction and refuge, juvenile asylums, homes for the friendless, childrens' aid societies, and similar institutions here and there ; but they are managed without any general, regular, or complete system, according to the ideas and ability of their benevolent promoters, and afford but a local and sporadic relief. The New York Juvenile Asylum, according to its last report, has cared for 28,745 during its existence. The report of the Board of Public Charities of Penn- sylvania for 1890 gives the following census of pauper minors in public institutions in the State, September 30, 1890: In Philadelphia House of Correction, 1,005 > House of Refuge, 735 ; Mor- ganza, 509; Huntingdon Reformatory, 332; Deaf and Dumb Asylums, 648 ; Blind Asylums, 179 ; Elwyn Institution for Feeble-minded Children, 800 ; in almhouses, 445 ; reported in forty-seven out of one hundred and eighty-three other institutions, homes, orphanages, etc., excluding Girard College, 7,103; a total of 11,756. There were aided by " outdoor relief," during the year, 9,698. There were 78 sent to the penitentiaries ; and 457 com- mitted to county-jails, under twenty-one years of age. For its 6,45 5 public insane patients, the State appropriated $465,166.14; but has absolutely no system for the care of its 21,455 pauper children ! It is of great importance that the States should adopt a systematic and adequate plan of care and 2l6 PJilSONEJlS AND PAUPERS. education for this large element of its future con- stituency, which will not only comprehend the entire class, but provide completely for its growth into self-sustaining, useful citizenship. This can only be assured by the maintenance under the man- agement of Christian women, of homes for all these children, into which they may be gathered and trained, until they can be located under the domes- tic influence of good families in the country. The subject of child-saving is of sufficient magnitude to warrant a much more complete consideration than we can ^ve it here. We have yet the third class of paupers for whom to provide. These are the wounded, maimed, ex- hausted and sick in the battle of life; the true objects of charity and benevolence. Many of these have fallen out in the march from inherited weak- ness, or incapacity, but they have bravely under- taken the struggle, and are entitled to social and human sympathy and care. The sterner restrictions of legislative enactments are unnecessary, except to secure to them the aid and relief they may be unable alone to obtain. There are two methods of bestowing this in common use. One known as " out- door relief " ; the other as " almshouse treatment." Public " out-door relief " is liable to serious abuse and imposition. Almost universally it makes con- firmed paupers of the recipients, who soon come to depend upon, and demand it as a right due them from the public treasury. On these accounts " out-door relief " is regarded with disfavor by the public and humanitarians. As the administering PAUPERS AND POOR-HOUSES. 21 7 officials are generally unable to properly investi- gate applications, they encourage fraudulent claims, waste the public funds, or pervert them to poli- tical purposes, thus stimulating instead of reducing pauperism. The fearful results of careless out-door relief have been most impressively demonstrated in the exhaustive and instructive report of Prof. J. J. McCook, of Hartford, chairman of a committee appointed by that town in October, 1890, upon "out-door alms." He shows that Hartford, in twenty years, had gained 41.1 per cent, in popula- tion, 51.8 per cent, in paupers, and 277.9 P^*" cent, in cost of relief per capita. Its pauper population had increased, notwithstanding the general pros- perity of the city, to i to every 16. i of its people. This is a greater average than exists in any of seven- teen European countries, which averaged i in 29.8 ; England and Wales having i in 36, Ireland i in 35.7, Scotland i in 57.9. Compared with cities in 1890, London had i in 40.6 ; Manchester i in 42.2 ; Whitechapel (London) i in 41.7; Philadelphia in 1889, I to 78; Worcester, Mass., in 1890, i to 23; Berlin in 1885 had i in 26.2; Dresden in 1889, i in 49.' The charge upon the taxpayers of the city had grown to one hundred and eighty-nine dollars per capita in this time. The reform resulting from his investigations and recommendations are concisely stated by Professor Grahcim Taylor, D.D., in the Congregationalist of November 26, 1891, and we quote what he says, as indicating in detail the restrictions to be imposed upon that kind of relief. ' See Appendix V. 2l8 PBISONESS AND PAUPERS. " In a single year, with an increasing population, the city of Hart- ford, Conn., has reduced the 'out-door alms' of its municipal or ' town ' charities by nearly ten thousand dollars. This is offset by the addition of only eight inmates to the almshouse, despite the cutting off of seventy-four ' rents,' and the reduction of all payments of rent to a maximum of four dollars per month. Not only has there been no appreciable increase in the demand upon the voluntary chari- ties, but the town expense in caring for the poor in the almshouse has actually decreased ; the burial account, upon which the expense of one in five of all the burials in the town were found to be chained, has been lessened by seventy-six cases ; the coal account was dimin- ished by two hundred and forty-eight tons, and the pauper population has been reduced 18.14 V^^ cent. Notwithstanding additional ex- penses incurred this first year by inaugurating the new system, the selectmen report a reduction of g.48 per cent, in the total expense for "all relief.' The yearly average of this reduction should be much more marked within the first few years of the reform period. But the saving in the manhood of the poor is worth more to the common- wealth than the money saved. " This genuine social economy was effected by the adoption in town meeting of the following business methods for the administration of towTi charity : rent not exceeding four dollars per month to be paid only to families in 'legal settlement,' having one child under four- teen ; investigation and recorded report of all applications for any aid ; not more than one dollar and fifty cents to be given in any case before such investigation ; no grocery orders on stores to be given ; grants of supplies to be made only from storeroom kept by the town and stocked with ten designated articles most necessary to sustain life ; medical treatment only for present existing sickness or injury ; town physicians to be nominated by the Hartford Medical Society ; police court commitments to be excluded from almshouse, which shall be resen-ed for poor persons only ; revision of rules for almshouse management ; burials paid for by the town to be managed by the to^vn at a cost not exceeding fifteen dollars ; lengthened terms of commitment to jails after third conviction ; fuller statistical and com- parative reports to be made of all charity administration. " Of equal and even more permanent and wide-reaching value are two results attained in the instrumentalities used to secure this reform. First there came the long-belated, but now permanently established, Charity Organization Society, which is an essential substitute for the PAUPERS AND POOR-HOUSES. 2ig vicious methods abandoned. But the greatest of all the good accom- plished by this whole movement is the report of the special committee on out-door alms, upon which were based the above-given recommen- dations that were adopted by the town. It contains the most exhaust- ive tabulation and practical study of comparative statistics bearing on municipal out-door relief that has ever been made in this country. To its author, Rev. Professor J. J. McCook, of Trinity College, Hartford, the country is indebted for the most important contribution on this subject to its sociological literature. His tables of the comparative charity statistics of American and foreign communities, and the appendixes, including discussion of the legal, historical, political, economic, sanitary, and social aspects of the charity problem ; make the report a permanent classic in the literature of the subject." Prof. McCook has kindly permitted the publica- tion in the Appendix of several tables collated by him in the interest of public instruction, to which attention is invited.' In our opinion it were better that public out-door relief should be prohibited by law, except in cases of sudden calamity, and to assist honest, hard-working children to maintain indigent parents at home ; or indigent widows to keep their children under their own care. All other proper objects of charity should be provided for either in the almshouse, or by private benevolence. This latter should be allowed oppor- tunity, as a public necessity, to foster the birth and growth of divine charity in the human heart. For upon the development and diffusion of this spirit depends all human progress. In order that private benevolence may be wisely and efficiently adminis- tered in these days of steam and electricity, when those best able to give are least able to investigate, because of the incessant pressure of personal affairs ' See Appendices IV. and V. 220 PRISONERS AND PAUPERS. upon their time, a system and organization are necessary. For it must be accepted as an axiom, that every dollar that is given for the mere asking is worse than wasted. Every city should have an organization of all its charitable individuals and societies, represented by an agent, or agents, to whom all applications may be referred ; and whose duty should be to see that no needy, deserving persons should suffer for want of timely aid. Such aid should be only temporary, and intended to restore the assisted to a position of self-support, by providing work, and teaching how to earn. In this way mendicity may be totally eradicated without compunction to the conscience of any. Where such an organization is sustained, in conjunction with the necessary State institutions suggested, there need be no suffering on account of poverty, and pauperism will be reduced to its mini- mum. This is not simply a theory or opinion, but has been demonstrated in many places, and repeat- edly. The most beneficial relief is that of human sympathy and kindness; a manifestation of the universal brotherhood of man ; which not only re- vives the flagging hope of the afflicted, but gives him courage, with the consciousness that he is recog- nized as still in the race, and capable of indepen- dence, so soon as he is on his feet again. This is better than all material aid, though this must be supplied also. Let us then have organization in every community to look after and help the needy, and abolish, as far as. possible, the dole from taxa- tion so often demanded as a right. PAVPZkS AND POOk-HOUSES. 221 How then shall the real objects of charity, our third class of heteronomics be provided for? That is, those whom age, disability, infirmity, or misfor- tune, have rendered permanently dependent ? Proper legislation might materially reduce the number of these also, by enforcing the support of the aged and children by the next of kin, wherever it is possible ; thus recognizing and enacting the laws of nature in the human code. For there are some (the inspector of pauperism is shocked to dis- cover so many) children who are not only willing, but anxious, to shift the burden of the support of their helpless parents upon the shoulders of the pub- lic ; as insensible of the claims of filial affection as of duty. Unnatural and hard-hearted parents abound also who seem to regard their offspring as an encum- brance and expense, from which they strive to ob- tain relief in almost any way short of actual murder ; some who do not even stop short of that. It may not be for the public interest that such parents should be compelled, or that the difficult attempt should be made to compel them to discharge their natural duties, but they certainly should be made to defray the cost when the public performs this for them. Their natural disposition warrants the exer- cise of severity, absolves the public from considera- tions of pity or sympathy on account of any alleged inabilities, and they should be held to a strict account. As the numbers of this third class are great, always have been, and probably always will be, experience and theory agree in an indisputable demonstration 222 PSTSONESS AND PAUPERS. that they must be cared for in public almshouses. It is unwise and unsafe to attempt regular and per- manent relief to them in any other way, for any other plan inevitably results in neglect and suffering to the worthy, in great imposture and abuse of charity, and in the increase of pauperism to an in- supportable extent. It must be accepted as an axiom of public relief that when it is to be continuous and regular the aid must be rendered in a regularly or- ganized institution. To this the applicant for as- sistance must be transferred before public support by taxation can be conferred. As the duty of main- tenance rests upon society in general, the response must be from the social organization, and not from private charity ; by equal taxation of all, rather than the benevolence of a few, however large their interest. This duty being a just and properly admitted one in all ages and among all nations, its performance should be consistent with the best sense of kindness or charity of the community when the objects are restricted to legitimate dependents. It becomes a public duty to be discharged with intelligence, care, thoughtful consideration, and as much of human sympathy as can be infused into a public function or functionary. While the actual perform- ance must necessarily be delegated to paid officials, it is very important that the community at large should retain a vital and constant interest in it, and manifest this by frequent visitation and supervision. This is more necessary to the community than even to the well being of the dependent. For society PAUPMRS and POOR-tlOUSES. ^2% cannot relieve itself of its responsibility by simply paying the bills. This is the only way even a flavor of charity can be retained in public alms, either as to the giver or recipient, without which the " poor rate " becomes an irritation and its disbursement a graceless exaction. We have already indicated the necessity for uni- form and systematic legislation concerning the poor ; for single county almshouses, where a dense popula- tion does not make more than one necessary ; for paid county overseers, who shall devote their entire time to the administration of the public alms. We have also called attention to other improvements formulated in the law which was presented to the Pennsylvania Legislature of 1891, but prevented from receiving even a consideration by the short- sighted or selfish influence of present officials. In addition to the general provisions of this law, a Board of County Visitors should be constituted from the most intelligent and philanthropic citizens of both sexes, with rights and powers of visitation and inspection, and the duty of making a public re- port upon the management of the poor fund in every county. The public should also be constantly urged to visit and inspect the almshouse, and com- fort the inmates by their attention. County visitors should minutely inspect the build- ings froni cellar to garret, talk with and encourage the inmates to talk freely with them, suggest such reforms and changes as seem necessary, in a kindly way to the officials, endeavor to secure as near approach to the conditions and management indi- 224 PRISONOUS AND PAUPERS. cated hereinafter, as practicable, and keep a record of their observations. Constant inspection and suggestion will promote continual improvement, and finally secure fair results, even where the accom- modations have been badly located and unwisely built. The location, construction, and naming of public poor-houses in America has hitherto been governed by no settled rules or principles, but rather by the caprice of officials of every diversity of intelligence and disposition, so that examples are frequent of almost every degree of excellence and unfitness, extravagance and meanness, — results due, we are confident, more to lack of proper information than intention. The consequence is an enormous waste, in the aggregate, of the public resources, both in first cost and subsequent conduct. We therefore venture to offer some suggestions, derived from a diversified observation, upon these subjects before proceeding to a consideration of the treatment of paupers in them. The location of the almshouse should be decided upon these considerations chiefly. There should be connected with it at least one hundred acres of good fertile land, for a less quantity does not warrant building and the expense of management. The quantity of land should not be less than two acres for each expected inmate, between fifty and two hundred and fifty. When larger numbers are to be provided for, a proportionate increase should be made in acreage according to circumstances. In agricultural communities the public farm should be PAUPERS AND POOR-tiOUSES. 22$ made as far as possible an experimental station, where local problems concerning crops, cultivation, and breeding of stock could be solved at the public expense, for the general good. The land should be fertile and fitted for economical tillage, so that it may be made to produce with the inefficient labor of the paupers as much as possible of their support. All vegetables, potatoes, cabbage, turnips, carrots, beets, peas, beans, green corn and dry, rye and buckwheat, and in favorable localities wheat, needed, should be raised on the premises. The railroads have made it generally possible to buy wheat flour, beef, and pork from the West cheaper than they can be produced in the East. It will be found economical to raise some pork, generally, to dispose of refuse, and sufficient pasturage and fodder for the cows needed to supply butter and milk must be calculated upon. Orchards and fruit-trees should be set out, and plantations of small fruits, berries, and grapes made to whatever extent they can be cared for. Some flowers and ornamental shrubbery will afford pleasant entertainment in cultivation, and appearance to all. The buildings should be placed upon a high and well-drained position, where proper sewerage may be secured, and where they may be plentifully sup- plied with pure soft water by gravity to the second storj'. This supply of water is indispensable, and must be secured by an elevated reservoir where the natural fall is insufficient. Without such a perpetual and reliable water-supply it is impossible to main- tain satisfactory conditions or management. 226 PRISONERS AND PAUPERS. They should be within a reasonable distance of a station on a railway or water-way, so as to be acces- sible to visitors, but remote enough to prevent the premises from becoming a loafing ground for the idle and curious, and to prevent the inmates from easy access to liquor saloons. The buildings should be permanently constructed of brick or stone, to save the cost of renewals and repairs, and for security against fire. They should never be more than two stories high. The best de- sign we know is in plan in shape of the letter " X-" A house for the steward and the offices being at the intersection of the cross, connected with a wing on each side, one for males, the other for females, and toward the rear with the building containing kitchen and dining-rooms, by a corridor divided lengthwise by a partition, which continues and completes that separation of the sexes so absolutely essential. The two floors of the wings have a wide hall running the entire length, and ending at a large window from which an iron fire-escape leads to the ground. In the middle of each wing is a large day-room open- ing to the front, and a passage leading to a separate building in which are bath-rooms, closets, cells for filthy or diseased patients, and which are also suita- ble for use as an infirmary ; this passage is ventilated on both sides by windows to prevent contamination or odor. In each annex there should be a closet for brooms, brushes, pails, and utensils. In each wing a room is devoted to the storage of the clothing and effects of the inmates, with a framework for compartments, eighteen inches square, along the PAUPERS AND POOR-HOUSES. 22; sides. Trunks and boxes may be arranged in the middle. Walls should be covered with adamant plaster, all corners rounded, to avoid the angles where cobwebs and vermin are apt to collect, and wainscoated high enough to prevent the hand from soiling the plaster. The cellar and closet floors and washboard through- out, should be of cement. All doors should open outward into the hall, be fitted with such locks that a single master-key will open all, both for conven- ience of inspection and safety of the inmates, and from sleeping-rooms have an open transom reaching to the ceiling, \yithout glass or frame, for ventilation. The buildings should be heated with steam hy in- direct radiation, supplied from boilers located out- side. Where fuel is cheap, electrical lighting is prefer- able, as safest and most easily controlled. The laundry may be over the boiler-house ; it should not be in the main buildings. The stairs should be of iron with slate treads. A room should be provided for religious worship and general meetings. Barns, stables, and out-buildings should be far enough removed to avoid disagreeable odors and noises. Such a plan as this may be adapted to the require- ments of any number almost. It is important that the appearance of the whole establishment should express economy and plain utility, rather than ele- gance or display. Iron bedsteads with woven spring mattresses have been found the cheapest and clean- est. They should have also straw or husk mattresses ; two sheets, woollen blankets, a white cover, pillows 228 PRJSONEXS AND PAUPERS. and pillow-cases, so that they may always be kept clean and appear neat with but slight cost, for the washing should be done by the inmates. Porcelain lined bath-tubs with rounded edges are best and not now expensive ; they should be set on legs above the floor and not cased in with wood, but neatly painted outside. Wash-basins and water-closets should also be open underneath, so that perfect neatness may be preserved, and the nuisance of decaying wood avoided. A flue to the chimney-shaft from under the closets will carry away all gases. It is important that the plumbing be done by a skilled and intelli- gent designer and workman, to prevent future dis- ease and cost. Bath-rooms and closets must be kept neat and clean by frequent scrubbing, or they will soon become repulsive. Small cheap towels, to be used but once, should be supplied to avoid commu- nication of skin arid eye diseases. In these days of cheap and durable porcelain, tin and metal dishes should be banished from the eating tables. But more important than clean white dishes are the services of a good baker and cook; more important to the content of the inmates than plenty and variety of food even, for by them the cheapest articles of diet can be made attractive and sufficient ; without them, the most extravagant outlays will be spoiled and in vain. The exercise of a more careful discrimination as to admissions to the almshouse is not only important in a social aspect, but is in justice due the real objects of charity, who ought not to be compelled to asso- ciate with the vicious or depraved, or even kept in PAUPERS AND POOR-HOVSMS. 2i^ the same institution. Much of the repugnance of the pauper to the poor-house is doubtless the out- growth of this understanding that it is the receptacle of so many disreputable persons. It is abhorrent to all that the poor unfortunate, bereft of family, health, and means of support, should be condemned by misfortune to the society of drunkards, tramps, and prostitutes. Wherever these are found in sufficient numbers they should, even now, before the general reformation of our laws is secured, be confined in a workhouse where they can be treated by them- selves. County workhouses are more necessary than alms- houses, in most parts of the country. By means of these the proper objects of charity may be kept by themselves and the manner of their treatment may not only be greatly simplified and improved, but will become more economical. The attendants will be of a better class, and the sympathies of ofificials and the community will not be dulled by the exactions of professional beggars. The numbers to be main- tained would thus also be reduced from one half to three quarters in most localities. As helplessness will then be the chief character- istic of the inmate, attention and care will become the chief feature of the charity, and may be made to express the kindness of the public, instead of its economical impulses. Almshouse management should be actuated primarily and principally by four motives. First, by a desire to conform to " Heaven's first law " of order and neatness in every detail. Noth- 230 PRISOlfEXS AND PAUPERS. ing can compensate for shortcomings in these respects, because complete conformity is always possible under all circumstances, and because lavish attention and expenditure will be unsatisfactory to all concerned without this, while content will be assured with even limited allowances with it. To this end the grounds and buildings must be kept in order and repair, grass and shrubs trimmed, walks clean and neat, fences and walks painted or lime- washed, comfortable seats provided for the aged and invalids to sun themselves in cool weather, and rest themselves in shade in hot, and the whole outward appearance of the premises made as pleasant as possible with the labor of the inmates. Inside, the floors should be oiled every few months and washed twice a week at least ; beds and bedding aired daily, fresh mattresses supplied each new-comer, and the straw of those in use changed every sixty days. Sheets, pillow-cases, and coverlets washed weekly, and all beds made up neatly, and alike, each day before noon. A separate bed should be given to each inmate, no clothing, boots, shoes, hats, or personal baggage kept in sleeping rooms, and bed- steads thoroughly washed weekly. Each inmate should be made to bathe and change underclothing once a week. Washing of clothes, dishes, or uten- sils in bath-tubs should be prohibited, bath-rooms and closets should be scrubbed daily, and in hot weather a bucket of water with a pound of dry cop- peras (sulphate of iron) dissolved in it, or a little carbolic acid, should be poured in closets once a week. No vegetables or fruits should be stored in PA UPERS AND . POOR-HO USES. 23 1 the cellars of occupied buildings, which should be kept dry, and whitewashed every spring. The cooking should be under the direction of a competent cook, capable of preparing and serving the food in a digestible and attractive manner, prop- erly seasoned ; who also should keep kitchens, store- rooms, pantries, utensils, and all employed about them in the most scrupulous neatness. Meals should be served at regular hours, upon neat tables in the dining-room, where some officials should always be present at meal time to see that all are well served and everything in order. In the Appendix will be found several dietaries in use in various well-managed institutions, which will indicate what experience has demonstrated to be the best provision for the pauper. These, of course, are to be varied according to season and locality, especially in regard to fruit and vegeta- bles. All meats, fish, bread, and butter must be perfectly sound, fresh, and sweet.' Secondly, the benevolence of the public is to be administered with kindness and thoughtful care. The aged, the bedridden and invalid require patience and a measure of indulgence. Their lot is hard enough at best, and should be alleviated in every possible way by the attendants. A competent physician should visit such daily, for comfort and assurance sake, even if no medicines are needed, and prescribe the diet and attention needed by them. Where there are as many as three or four of these constantly, a trained nurse should be regularly em- ' See Appendix IV. 232 PXISdNERS AND PAUPERS. ployed with a sufficient number of assistants to care for all in the house, under the direction of the doctor. Such a nurse will secure the necessary cleanliness and neatness in all the surroundings. The people's money cannot be more advantageously expended than by the employment of capable attendants. Thirdly, nothing will contribute to the health and content of the inmates and the economy of their support more than constant and judicious employment. By this they will be able to feel that they are to some extent earning their own support, and so much of the bitterness will be removed from the gall of pauperism. The males should do most of the farm- and gar- den-work; raising the principal farm and garden supplies, do the heavier house work, the repairing, painting, whitewashing and most of the scrubbing, and in winter or bad weather be occupied in basket-, broom-, mat-making, carpet-weaving, shoemaking and mending. The females should do the sewing, mending, dress- making, the washing and ironing, kitchen and dining- room work, and those with a taste for it could be occupied with flowers and flower-beds outside. The old women and invalids should be made to knit socks, mittens, and do such other light work as they can perform ; they might be permitted to sell such articles as may be in demand, and supply themselves thus with those things they desire beyond the regular supply. The officials and attendants should pay sufficient attention to discover the abilities of the various PAUPERS AND POOR-ItdVSES. 2%% inmates, and to make adequate plans to use these to the best advantage. Useful labor will distract the mind from brooding over personal miseries, soothe the suffering, comfort the mourning, strengthen the weak, and bring sweet, soul-refreshing sleep to the tired and forlorn. Better than drugs, more blessed and efficacious than idle rest even, suitable labor is the most beneficial boon public charity can confer upon its objects. By a studious effort to adapt work to the abilities of the inmate the highest economy of management will be secured. This is the fourth motive principle referred to above. The people's money must be nei- ther wasted nor so expended as to fail of the best results. Poor directors should inform themselves carefully of the best methods of management ; of the fair cost per week in the best institutions, and strive to keep their own expenses down to a parity with these. Successful and economical management can only be secured by a proper grading of responsibility. Poor directors are responsible to the people ; the superintendent to the poor directors; the subordi- nates to the superintendent ; each is, and ought to be, supreme in their respective spheres of operation. The superintendent cannot accomplish what is expected of him without strict discipline and sys- tem ; he cannot maintain either without the unbiassed power of selection and discharge of all employees about the establishment. Even a superintendent of mediocre ability with unhampered powers and con- trol will produce better results than is possible with 234 PRISONERS AND PAUPERS. the highest abilities, and a double- or triple-headed management. Experience has abundantly demon- strated that success in private or public aflfairs de- pends more, upon that unity of purpose, plan, and action, which can only flow from a " one-man power " at the head, than upon any other element. Directors may prescribe the general plans and policies, limit the expenditures, provide facilities, buildings, and improvements ; fix the rate of salaries and wages, and select a superintendent to manage ; but they must leave him entirely free to do it in his own way, to hire and discharge all his subor- dinates, if they expect him to produce satisfactory results. The slightest infraction of this rule will seriously affect the whole administration, and direc- tors should neither recommend appointments with- out assuring the superintendent that he is perfectly free to exercise his own judgment and preference in the case, nor interfere to secure the reinstatement of a discharged employee. It is far better that an individual should suffer injustice even, than that the whole organization should be impaired. It is the duty of the management to facilitate religious instruction, worship, and consolation to the paupers, according to their respective convictions and preferences. To this end a proper place for Sunday services should be provided, and regular services held in them by ministers and priests of such denominations as are most numerous in the alms- house, every Sunday, upon invitation of the man- agement to those most conveniently located to render PAUPERS AMD POOR-HOUSES. 23$ such ministry. Ministration to the minority accord- ing to their belief and desire should be secured as often as possible. Pastors and priests of sincere piety will always be found willing to render such services without cost to the public. When these become too burdensome upon individuals, the de- nomination most interested should defray the neces- sary expense, as a proper and necessary contribution of the church to its poor. It cannot be tolerated or allowed that any portion of the public fund raised by general taxation should be expended in payment for such services to sec- taries. Such expenditures are in violation of one of the most sacred and cardinal principles and funda- mental institutions of American government, as well as the constitution and laws of many of the States. Poor directors are somewhat prone to be oblivious of the fact that they, as a part of the general govern- ment, are bound to sustain and uphold its principles in all their actions. If they may appropriate the pub- lic funds to sectarian ministers or priests, legislatures and Congress will soon begin to make similar appro- priations, and a general scramble of the churches would follow to secure the largest amounts for their denominational institutions. The inevitable result in the process of time would be that the largest de- nominations would obtain undue wealth and power, and the usual sequestration become necessary. The practice of defraying the cost of maintaining minor or adult paupers in sectarian institutions from the public poor fund is likewise reprehensible and illegal in States where appropriations to such insti- 236 pmsOlfESS AND PAUPERS, tutions are prohibited by the constitution or laws. This cannot be permitted, however much better or cheaper the pauper might be sustained in them, than by the poor directors directly. It is an unjust and unfair subversion of funds derived from " Jew and Gentile, Greek and Barbarian " alike, to the support of a particular sect, which, if it desires to support, train, or educate the needy according to its own creeds, should be willing to procure the necessary means from its own adherents. The strict observance of this principle is neces- sary, whatever the hardship which may follow in some cases, in order that the general good may finally be promoted by compelling a proper, just, and unobjectionable provision for the needy by the State ; such provision is unlikely to be made so long as the most urgent and impressive cases are con- stantly removed from public attention by private or denominational institutions. CHAPTER XIV. THE POLICE AS A RESTRICTIVE AGENCY. Peculiar Importance in United States — Reasons of, and Opportunities for Usefulness — Possibilities — The Personnel — How Chosen — Example of Milwaukee — Organization and Management— Ap- pliances and Facilities — Proper Number of — Co-operation of Dif- ferent Organizations — Discipline, Internal and External — Duty of the People to the Police. Nowhere, probably on the face of the globe, does what is commonly known as the police force occupy so prominent, important, and influential a position and sphere in the social organization as it does in the United States ; nowhere does it sustain so potent a relation to pauperism and crime cis here. We do not minify or disparage its power or operations in other civilized nations, however much these may be obscured among them by the display of superior and more impressive authority ; for the potentialities and full usefulness of this element of modern civil- ization and human progress does not appear to be popularly recognized or appreciated anywhere. In the United States, however, under a social organiza- tion for self-government, a government of laws, which are solely the formulated decrees of popular judgment and will, the police and constabulary con- stitute almost the only incorporate and vital evi- 237 238 PXISONEXS AND PAUPERS. dence, or general manifestation of the authority and dignity of government ; they represent the concrete absolutism of the laws, and exercise the majesty and power of the people in, among, and before the people constantly. They become, therefore, to the people here, not only the agents and representatives of self-government, but the express force and soul of government, the general and popular concep- tion of government itself. This increases the power, dignity, and influence of the police officer in this country immeasurably above what exists elsewhere. It is his province here to bring the popular power into direct contact with and control over the people. From the manner in which he does this the masses form their opinions largely of the worth and value of the rule to which they submit themselves. His action thus becomes a potent factor in the conserva- tion or destruction of popular government, and ex- tends its influence beyond the direct effect of its exercise to the very sources of its power. The legislation which the people enact for their own benefit is committed to him for execution, and it fails or accomplishes the wish of the people accord- ing as he discharges his duties. The most necessary and wisest laws are useless without his faithful ex- ecution, and the simplest regulations and ordinances may be made imperative or obnoxious by his neglect. Success of administration, and popularity of govern- ment both depend, therefore, very largely here upon the efficiency of the police. The protection of society from the violence of mobs and the insane rage of riot, to which it is THE POLICE AS A RESTRICTIVE AGENCY. 239 always more or less exposed in dense communities, devolves, in the United States principally, if not altogether, upon the police. With our system of city. State, and national government, the only regular military force being under national orders, small in numbers and scattered in detachments over a wide extent of territory, circumstances as well as law prevent its being called into action until local authority has failed, and there is no force organized to meet sudden emergencies of popular excitement, at the time when it can be most easily and successfully allayed, but the police. Our cities, besides, are becoming the resort and refuge of the worst elements of immigration as well as of our own population. Criminals, anarchists, and ferocious human beasts of prey from all over the world seek to escape foreign espionage, and to ply their ungoverned vocation amid our crowds of freemen, because they expect to enjoy a liberty here denied them under the sterner governments of other lands. The very immigration which swells and increases our national growth and power beyond its natural increment becomes thus a source of new danger, and magnifies the importance of police supervision." It introduces another element, also, of disturbance and danger to our peace and natural order, by importing into our social organization the prejudices, feuds, and hostilities of foreign nationalities, religions, and ' The New York Tribune of March 20, 1892, says, under date of Paris, March 19th, in relation to anarchist deviltries there, " Thirty have fled to London, and are seeking funds there to reach New York." 240 PRISONERS AND PAUPERS. clans, liable to blaze up into conflict and strife in our midst from the embers of antagonisms kindled in other lands and times. We are transplanting the hates and strifes of other peoples upon our soil, as well as the acknowledged enemies of all law and order, the communist, anarchist, and nihilist, and thereby exposing ourselves to imported disorders which have no natural origin here. We must de- pend upon our police to control these elements, to protect us from the attack of the vice of the whole world, from the burden of the pauperism of the whole world, from the ignorance, corrupted intel- ligence, depraved philosophies, wrath, malice, and hate of the whole world, as no other people is com- pelled to depend upon them. The police are, particularly in this country, the eyes and ears, as well as the hands, of the body politic ; not only the means of governmental appre- hension, but of discovery ; the agents of prevention as well as of cure. It devolves upon them to observe the very beginnings of error, failure, and sin in society ; to note the sources, the inception and conception, of crime and poverty ; to watch their birth, growth and development ; to become familiar with causes and occasions, to recognize the necessary remedies. They seldom feel called upon to inter- fere ; indeed, the principle of their action is not to in- terfere before the overt act, when correction becomes necessary and prevention is no longer practicable. The intimacy and constancy of their contact with society and its elements should enable them ta stretch out the helping or the warning hand of gov- THE POLICE AS A RESTRICTIVE AGENCY. 24I emment when it could be efficient, when the needed slight change of direction can be given the indi- vidual faced the wrong way, before the club, the handcuff or the lock-up have become necessary. Indeed, an interference which would be resented from a private person, however gently or kindly made, would be received not only without objection ordinarily from the policeman, but it would carry with it the weight and influence of the wisdom and will of society. A word or an act which would make no impression without authority, with it might be effectual in saving many a youth from ruin. If the police then could be enlisted as conservators of morals as well as preservers of the peace, they would become a power in the community of inestimable utility, and the necessities of their harsher activities would be greatly decreased. The task of training the twig is lighter than bending the tree. If they could be made to devote their chief care to the children and youths when they are beyond the parental eye or control and be placed in a position representing with authority the organized parentage and domesticity of the community outside its homes, upon the streets and in public places, many of the dangers of city life would be alleviated. Their parental functions might be extended for the gen- eral benefit to the relief of the poor from suffering, to the ministrations of charity, to the restrictions of intemperance, the arrest of drunkenness, the correc- tion of evil tendencies and the rescue of those in peril of moral corruption and ruin. They are already required to know the various saloons, traps is 242 PRISONERS AND PAUPERS. and pitfalls set for the feet of the unwary, as well as the criminals and human life hunters that infest the streets. Set as they are to watch over the welfare of society, they may properly be expected and re- quired to protect the ignorant and innocent from contamination as well as from direct assault. Modern civilization appears to have revolved in its cycle to the section of tribal supervision again, to have reached a social condition where the power and authority of the whole community must be exer- cised over the children of all. It seems to be neces- sary that the old patriarchal system should be revived again in some of its fittest features in our denser communities, to supplement and perfect the delimitations which the new environments impose upon the family. The power of the city home is growing weaker, the influence of city streets and public places upon the rising generations of all classes and degrees is being disproportionately mag- nified in every way, by the decreasing part of daily life spent in the homes, and by the increasing attrac- tion and entertainment offered to the public. These things greatly enlarge the duties and opportunities of those to whom society commits the charge of its common possessions and the frequenters of its public places. Many children of the city are under the eye of the police much more of their time than they are under any other charge or care, yet society only re- quires of its police protection from actual violence, ignoring the greater and more far-reaching injury and damage certain to follow the neglect of its children and youth. THE POLICE AS A RESTRICTIVE AGENCY. 243 In view of these considerations it will be well to study the present conditions and possibilities of the police force, to discover how it can be best made to fulfil the demands of the times, the require- ments of government and the expectation of society. These are subjects quite as grave and important as the enaction of wise laws; indeed, just now more depends upon faithful administration and vigorous execution than upon legislation even. Another reason for such a study is found in the tendency of the public mind toward an extension of the police system over the rural part of the population. It is probable that the time is not remote when all constabulary functions will be devolved upon a uniformed and systematically organized police force in the United States. The country constable and justice of the peace, as at present chosen and paid, supporting themselves upon fees for the performance of their duties, are becoming more and more gen- erally recognized as a social abomination and public nuisance, which must before long be abated, together with the sheriff's control of jails for the public wel- fare. In the cities the constable has cease^l to be regarded as more than a court messenger, and the police are depended upon for order and safety. The necessity for a regularly employed and well organ- ized State police force, sufficiently strong, when con- centrated, to control riotous strikers and protect property and willing workers for a longer period than the members of the National Guard can be expected to suddenly leave their occupations, has been notably illustrated by the shocking experiences 244 PSISONERS AND PAUPERS. this year at Homestead, in Western Pennsylvania. A couple of thousand well drilled policemen could have been concentrated and camped there for an indefinite stay, without serious inconvenience to themselves and to the great discouragement of the strikers, as rapidly as the guard was. The police- man is becoming continually more prominent in a sociological aspect, and it is time careful attention should be given to his selection and duties. The personnel of the force is of the first import- ance. As he is to be popular representative of the majesty and authority of our government, the policeman ought to be suggestive, and, as far as possible, typical in appearance of the dignity and invincible authority of the government. He should be a man of imposing health, strength, and stature ; expressing morality, firmness, decision, and power, in his demeanor; and always manifesting considera- tion for the public weal in his actions. It is neces- sary then, that he should be a man of good character and morals, of strong physique, sound intelligence, judgment, and patriotism ; an American citizen by birth or lawful naturalization, with a good knowledge of and hearty sympathy with American government and institutions, and capable of becoming familiar with our laws and local ordinances. While he should be a young man when appointed on the force, he should still be old enough to warrant the possession of discretion and courage; between twenty-five and thirty-five should be limits of age. He should be above the average height, and of pro- portionate weight and strength, in order that fewer THE POLICE AS A REST&ICTIVE AGENCY. 24S may dare resist him. It would be well to adopt a minimum height of S feet, 10 inches, and 150 pounds as a minimum weight ; but no man should be appointed or considered for appointment, until after he shall have passed a satisfactory examination by a compe- tent surgeon as to physical health and strength ; nor till after he has produced conclusive evidence of good character and habits. As he is to represent among the people the honesty and honor of society, he must exemplify before them sobriety, sturdy incor- ruptibility, and dignity of character. These are valuable and rare qualities it is true, but obtainable, though not cheaply ; the pay of the police must be sufficient to secure them. The old soldier said to his colonel in mitigation of an impending sentence for drunkenness, " You cannot expect all the civic virtuesj and temperance included, for $13 a month." An appointment upon the force. should be for life or good behavior, and should relieve the officer from further solicitude concerning his position. Dismissal should never be possible, except as a result of a fair trial before a competent court, upon charges and specifications, for unfitness or misconduct. Ap- pointments should never be made on account of political service, rendered or expected. The force must be absolutely independent of partisanship to be efficient ; it cannot be tolerated that it should be prostituted to political purposes, or to influence elec- tions. More than officials in general, it represents and has the care of the whole body of society, irre- spective of party, or including all parties. The very 246 PRISOJVESS AND PAUPERS. fact that it could be made so powerful an instrument in carrying elections renders it essential that it should be entirely independent of politicians, both in respect to appointments and promotions. Politi- cal indorsement or influence ought always to be fatal to any application for place or advancement. Politicians must evince enough patriotism to at least keep hands off from the police. No political corruption can be more debasing or destructive of our free people's rule, than the subordination of the popular agents of government to partisan pur- poses. They must be as far above suspicion even as Caesar's wife. To insure this, it appears to be necessary that all appointments to the force should be regulated by legal enactment. This should prescribe the essen- tial qualifications of physical, mental, and moral character, age and record, to be determined by a board of four commissioners, not more than two of whom should belong to the same political party ; and that the selection should be made, according to the need of the service, from the list of applicants whose examinations have shown the best qualifications. Promotions should be similarly regulated, and depend upon seniority and ability combined. , Service and merit stripes should mark and reward faithfulness, and be attended with increase of pay. The rules for appointment and promotion adopted by the Board of Police Commissioners of Milwaukee, Wis., have been so successful in securing the desired objects, that we quote a very concise and complete summary of them read before the Fourteenth Annual Con- TUB POLICE AS A RESTRICTIVE AGENCY. ^A7 ference of Charities at Omaha, by Col. F. J. Ries, Chief, for the benefit of other places. "Applicants for patrolman must not be less than twenty-five nor more than thirty-five years of age, at least 5 feet, 7 inches tall, must be citizens of the United States, must be able to speak the English language understandingly, and must have resided in the city of Mil- waukee at least three years immediately preceding the application. Every application must be in the applicant's own handwriting, and state his age and place of birth, weight, chest measure, place of resi- dence, occupation, schooling, how long the applicant has resided in the city, what trade he has learned, if any, and by whom employed the last three years. Applicants must also state what language, if any, besides the English, they can speak understandingly. Each application must be accompanied by the certificates of at least three reputable citizens, each certifying that he has been personally ac- quainted with the applicant for at least one year last past, and believes him to be of good moral character, of correct and orderly deportment, of temperate and industrious habits, and in all respects fit for the police service. As a safeguard against partisanship, it is provided that certificates signed by office-holders will not be consid- ered. Every applicant must answer such questions and submit to such examination as to physical strength, capacity and activity, and also as to educational qualifications, as the board may deem necessary to ascertain his fitness for the service. The educational tests consists of reading from print and manuscript, handwriting as shown from copying from manuscript, writing from memory the substance of matter communicated orally, arithmetic — addition, subtraction, mul- tiplication, and division of whole numbers and decimals applied to United States money. They will also be questioned about city gov- ernment, location of streets, public buildings, and such general matters as strangers in the city inquire about. They must also submit to a thorough medical examination by a surgeon appointed by the board. Those passing a satisfactory examination are then certified by the board as eligible as patrolmen, and, after due inquiry and satisfactory evidence of their good character, are appointed by the chief, subject to confirmation by the board, as fast as vacancies occur. But the appointment is not yet final. For the first sixty days they are on probation only, and if, after two months of active duty, any one proves himself unfit for the service, he will be dropped from the force. If, however, he gives satisfactory evidence of becoming a 248 PXISONERS AND PAUPERS. good and competent ofEcer, he is retained on the force, so long as he performs his duties faithfully, and will only be discharged for neglect of duties, disobedience, or other conduct unbecoming an officer. All promotions to higher grades are made within the force. Here again, as in the case of patrolmen, the honors are bestowed upon those who, in connection with their record while in the service, are found by competitive examination to be best qualified for the place. Under the rules governing promotions, the chief shall give due notice of all examinations for promotion, and any officer who is eligible and who wishes to be a candidate for it may notify the chief in writing of his wish, and the chief will make such provision as shall be necessary, so that the examinations shall not interfere with the good of the service. The rules regulating promotions are as follows : Promotion to the position of roundsman will be made from patrolmen who have been in the service not less than two years ; promotion to the position of sergeant will be made from roundsmen ; promotion to the position of detective will be made from roundsmen and sergeants who have been in service not less than three years ; promotion to the position of lieu- tenant will be made from detectives and sergeants ; promotion to the position of captain will be made from lieutenants. The inspector is appointed by the chief, subject to confirmation by the board, while the chief is appointed by the board. Thus, it will be seen that every precaution is taken to keep politics and favoritism out, and retain good officers in the department." ' It certainly will be possible to secure a good relia- ble personnel on the force in this way, but good material alone will not constitute a perfect police, or secure its highest efificiency. Wise and firm instruc- tion, drill, management, and discipline, and adequate faculties of operation are quite as essential, both as relating to the individual members, as well as to the force as a whole. It will be necessary to have every recruit drilled by a competent instructor, in what are known in military service as the "setting up exer- ^ Report of the Fourteenth Anntial Conference of Charities and Correction, Omaha, p. 120. TH& POLIC& A^ A llESTRtCTJV£ AGJSATCY. 249 cises,'" by which he will be taught to stand erect, to pace his beat with a soldierly carriage of the person, and an expression of decision and power. He must be instructed in boxing, wrestling, handling his club with dexterity, and firing his revolver with accuracy, in the best methods of overcoming resistance in arrests, preventing and quelling disturbances, ren- dering assistance in accidents, protecting pedestrians on the streets, stopping fast or reckless driving, and runaway horses, the management of crowds, the care of property at fires, action on the discovery and giving of fire-alarms, and in other contingencies likely to arise. He should be required to exercise regularly in a gymnasium, for the development of strength and agility and the preservation of health, and to study the laws and ordinances he will be required to enforce. His tour of daily duty should be eight hours, with four hours additional for meals, special details, in- struction, etc., during which twelve hours, he should be dressed in the neatly fitting uniform of the corps. The superior officers should endeavor to inspire him, by precept and example, with a respect and love for the service, and a proper esprit du corps. He should be made in every way to feel perfect confidence that his place is assured for life to the age of retirement, unless abridged by misconduct or incompetency. A life-insurance and pension-fund should relieve him from anxiety for himself and family in case of dis- ability, or old age. Experience should teach him to expect exact justice and impartiality of management and inexorable firmness of discipline from his supe- 2 so PRiSOI/ERS AND PAUPEKS. riors. Such vigilance of inspection and care should be exercised by the superior officers, that no infraction of orders, regulations, good morals, neglect or failure of duty, should escape detection and punishment. The force as a whole should be drilled together, and instructed in operations as a united body against mobs, both with clubs and with rifles, on public occasions, and in parades. These parades are neces- sary to stimulate the esprit dii corps, for instruction of the force, as well as to impress the public with the power of the force to cope with opposition. All pro- motions should be from the next inferior rank if it contains proper ability. The measure and test of efficiency should not be the record of the arrests made, so much as the observance of law and freedom from disturbances and need of arrests on the beat or in the precinct. Every arrest should be recognized as a serious expense and damage to society, as well as to the individual arrested, and the effort should be to avoid rather than to multiply them. The usual organization of a good police force with rank in the order named is as follows: First, the chief, in command of all; second, inspectors, one for every four captains or less, required ; third, captains, one for every one hundred patrolmen; fourth, a lieutenant for ever fifty patrolmen ; fifth, detectives ; sixth, sergeants for every twelve men ; seventh, roundsmen ; eighth, patrolmen. The duties of these officers are so well stated by Col. Ries that we quote again from his admirable Omaha paper. " The officers of each of these ranks are chained with specific duties. It is the duty of the chief of police to cause the public peace THE POLICE AS A kESTRlCTlVE AGENCY. 2^1 to be preserved, and to see that all the laws and ordinances of the city are enforced ; and, whenever any violation shall come to his knowledge, he shall cause the requisite complaint to be made, and see that the evidence is procured for the successful prosecution of the offenders. He is also responsible for the efficiency and good conduct of the force. " The duties of the inspector are to assist the chief in his various duties, and to have charge of the force in his absence. He has par- ticular supervision of the detectives, who are especially charged with the apprehension of persons charged with criminal offenses, and the prevention of crime by the arrest of known thieves and criminals. " The captain has supervision of the patrol service of the city. He is required to visit each police-station daily, inspect the men and the books of the station, and satisfy himself that good order prevails. He is also required to instruct the men in such military tactics as are useful for the police service. " The city is divided into three police precincts, each having a police-station. Each of these precincts is in charge of a lieutenant. It is the duty of the lieutenants to see that the patrolmen perform their duties faithfully, investigate all complaints made by residents of their precincts, cause the prompt arrest of offenders, and maintain discipline among the men under them. " The sergeants and roundsmen are to assist the lieutenants in supervising the patrolmen, see that the latter are on their several beats, and report any delinquency they may discover. ' ' The patrolmen are to obey the orders of their superior officers, and are charged \vith the duty of becoming thoroughly acquainted with their beat, so as to be better able to protect life and property and maintain good order. They are to treat citizens and strangers making inquiries with civility, and give all proper information in their power. It is also their duty to report all saloons on their beat, and see that no liquor is sold without a license, nor to minors or common drunkards, report all street lamps which are not lighted at night, see that signal lights are displayed at street obstructions, report all defective sidewalks and streets, prevent fast driving, serve official notices, collect delinquent personal taxes, and perform numerous other duties of minor importance. In the performance of their duties, they are to maintain decorum and attention, command of temper, patience and discretion. They must refrain from violent, coarse, profane, and insolent language, and never interfere idly or unnecessarily, nor 252 PRISONERS AND PAUPERS. make an arrest unless they can prove some specific act against the person, but, when required to act, do so promptly and with iirmness. It is also their duty to assist and succor sick and injured persons, summon medical aid when necessary, have such unfortunates con- veyed to their homes, and be at all times on the alert to relieve suffering as far as possible." ' There will also be required at station-houses a police matron to care for female prisoners and children, a police surgeon, an electrician, and other employees, according to circumstances. As to what is the proper and most economical number for the force in our cities there exists a wide divergence of opinion and practice. New York maintains an officer for every 443, at a cost of $2.90 to each head, of its population, the largest and most expensive force in any of our fifty largest cities, while Scranton, Pa., may boast of the smallest force, an officer to every 2,023 of population, and Bing- hamton, N. Y., the cheapest, at a cost of 21 cents per capita, of these cities." If public opinion, Dr. Parkhurst, and the recent indictment of the New York police by the Grand Jury are to be credited, neither large numbers nor high cost secure efficiency or satisfactory results. The police force cannot well be proportioned entirely upon a population ratio. The streets to be patrolled, the area, the amount and kind of property to be protected, the character of the population, the peculiarities of location and the exposure to special ' Report of the Fourteenth Annual Conferoue of Charities and Correction, p. 116. ' Census Bulletin, No. lOO, Eleventh U. S. Census. See Ap- pendix. THE POLICE AS A RESTRICTIVE AGENCY. 2S3 dangers must all be taken into consideration and given their due influence in this determination. The Milwaukee police, to which we have referred above, numbered in 1890 one for each 1,187 of th^ city's population ; it had a patrolman to each 244 miles of its streets, 10.13 patrolmen to each square mile of territory ; cost but 60 cents and made only 1.75 per- centage of arrests per capita of population.' In a population half German and but one quarter native, itself largely composed of citizens of German birth or decent, such is the excellence of its organization and discipline that it suppressed a dangerous German socialistic mob without firing a shot, a few years ago, and has a general reputation of being the most effi- cient force in this country. We may, I think, assume as a general rule, that one policeman to each 1,200 people will be sufficient, if properly selected and disciplined, for most localities. In the Appendix will be found a table of some of the Census police statistics of 1890 of our fifty largest cities making complete returns. It will be apparent from a glance at this table that we directly waste millions of dollars annually upon our police by bad manage- ment, and that, too, without securing even a moderate approximation to the benefits which should be secured from it. The tible may be studied with profit by all our urban legislators. Large cities must necessarily be divided into sec- tions convenient for direct supervision and control. A police sub-division of this kind is known as a lUd. 2S4 PRISONERS AND PAUPERS. precinct, which should be in immediate command of a captain or lieutenant. Each precinct should have its station-house centrally located and speedily accessible to all its patrolmen, where a capable com- manding officer should always be present, and a sufficient reserve force for use in emergencies. The patrol-wagon should be housed adjacent and kept packed with ropes and stakes for use at fires ; a canvas to catch people jumping from windows, a stretcher for injured persons and some temporary surgical appliances for use in cases of accident. On each patrolman's beat there should be a sufficient number of signal-boxes connected by electric signal wires with the fire-alarm system, the patrol-wagon and station-house, and with the latter by telephone, so that every officer can place himself in speedy and full communications with headquarters, sum- mon assistance, the patrol-wagon for arrested persons, without being obliged to leave his beat, and give such information and receive such orders as may be necessary. Our modern electrical appli- ances, lights, wire signals, and telephone, may be made, if intelligently used, to both greatly reduce the cost and increase the completeness of police protection. The use of the patrol-wagon to convey arrested persons to the station-house is incomparably better in a philanthropic aspect than the shocking spec- tacle, so common before it came into use, of a struggling, resisting victim, bloody from clubbing, often loathsome, profane and obscene, dragged along the sidewalk at the head of a procession of youths THE POLICE AS A RESTRtCTlVE ACENCY. 2^5 and children, a spectacle so degrading that it is a question if such arrests do not injure more than they benefit society. Each station-house should be in direct and con- stant communication with general headquarters, reporting all occurrences in the precinct. All verbal or telephone reports should be, of course, reduced to writing and preserved on file. By the assignment of a patrolman to each twelve hundred ratio of the population, it would be quite practicable for the officer to become personally acquainted in a short time with every resident of his beat, to know their names, circumstances, em- ployment, habits and tendencies. He would thus be able to report and prevent suffering from poverty or misfortune, and the abuse of charity by impos- ture. He should know who might be leading an idle or vicious life, without visible means of honest livelihood, those who were falling into evil habits and practices, and warn them or those who should be responsible for them, and readily recognize strangers or wandering criminals entering his sec- tion. These he could report to his captain, so that they may be watched. In short, he could make himself a perfect reliance and safeguard of society, and not only protect his charge from depredation but from the evils of a growing pauperism and criminality. Provision should be made by general State legisla- tion for a systematic interchange of information and reports between the chiefs of police of its several cities, and a uniformity of surveillance over crimi- 256 PRISONEHS AND PAUPERS. nals, convicts at liberty upon probation, and suspected persons. Similar intercommunication and co-opera- tion might also be secured by law to the general advantage between cities in different States, and in this way the benefits of the uniform police systems of foreign nations could be introduced here. One the most useful of these, the liberation of convicts upon probation, to finish their sentences at useful and self-supporting labor, as members of society under the eye of the law, is practically impossible in this country without such harmony of co-operation among our various police organizations. There is but one thing more needed, in addition to proper material, correct organization, and ade- quate appurtenances, to render our American police worthy the confidence and reliance of our people. The prerequisites which we have specified are neither novel nor impracticable ; they have been tested and proven, nor is this final quality doubtful or even difficult. It is expressed in one word, which de- scribes the means of all success, if it is rightly under- stood, the common term. Discipline. The discipline of the police involves, of course, the instruction, training, and obedience of every member ; but more important far than these, knowl- edge, good character, correct disposition, determina- tion, and competent will-power in the head, the chief. It resolves itself from all its various ramifica- tions at last back to the power of one man, to his ability to comprehend his duties, and his courage to perform them. The weakness and failure of our police has been due far more to the lack of discipline TJTE POLICE AS A RESTRICTIVE AGENCY. 2^7 at the head than in the body. Does any one doubt what the result would be if the Mayor of New York, or of any city in the United States, were to say in such a manner as would carry conviction to his chief of police, " If I find any brothel, gambling-saloon, policy shop, illegal liquor-selling, or public immorality within the limits of this corporation after to-mor- row noon, your official head will go into the basket " ? The order would be at once transmitted to the cap- tains, to the sergeants, to the patrolmen, and the thing would be done. If there were failure any- where, one would be put there with the manly power to do. It is because the executive will not execute, that society suffers. Dr. Parkhurst is right in charg- ing the shameful atrocities of the corrupters of society upon the high officials of the public. There can be no reasonable doubt that they are either in- capable or corrupt. It is not for the executive to wink at or be blind to violation of law, to modify, interpret, or take counsel of his hopes or fears, but to execute and enforce the laws as he finds them. If he cannot do this, let the people who placed him in power take him in hand and discipline him, com- pel him to act, or to give place to some one who will act. It is for the leaders and makers of public opinion, the pulpit and the press, to stir up the people to move in this matter. The people are the source of power, and no stream will rise higher than its source. They have made the laws, let them demand their execution with a voice that is certain. The laxity of our officials has become insupportable, the evils 258 P/i/S<>J\^££S AND PA VpMRS. which they permit to afflict us, and which threaten to overwhelm all we hold dear, and all our hopes of the future, demand instant action. While we listen to the delusive enchantments of physical prosperity and national growth, millions of remorseless teredos from the lower depths are honey-combing the hull of our ship of state ; the pleasant breezes which belly the sails of her proud progress towards a higher civilization, and the haven of perfected humanity, are smoky with malaria and miasma from thousands of social hell-holes, neglected . sinks of iniquity, centres of corruption, and pools of pollution. Their subtle and insidious poison is rapidly debasing our politics, enervating our national vitality, weakening our moral fibre, and rendering us incapable of that decision and exertion which the exigencies of our condition require. We need wise laws, but our greater need is strong, courageous, incorruptible executors of the laws we have made, and an inexorable enforcement of dis- cipline by the people upon their chosen officials, and by the public servant in turn, upon the people. It is not enough to elect an agent to do the people's will, and leave him free to do his own will, without other compulsion than comes from a little news- paper criticism and badinage. He must be com- pelled to do his duty. The power and force of the popular will must not be relaxed short of actual con- summation ; it must press on with a vigor which will not be resisted. If a mistake is made in the selection of the official, the mistake must be corrected ; and that repeatedly until the object is attained. THE POUCn AS A HESTJitCTIVE AGENCY. 259 The public officer who accepts the suffrages of his fellow-citizens does so under an honorable agreement with them to honestly execute their will, and when elected he solemnizes this compact by an oath to faithfully enforce the laws. If he fails to do these things, he is faithless, dishonest, and perjured, and should be ostracised as unworthy of confidence and respect, and unfit for the association of reputable people. No man capable of properly discharging the duties of high office would or could face such a social ostracism. It is the just and sure method of enforcing popular discipline. The lack of personal discipline and self denial is the cause of most of the individual failure and ruin in society ; the lack of family discipline is the great source and cause of social depravity ; and the lack of political discipline accounts for most of the flagrant evils which torment society. Discipline re- quires effort, it is incompatible with ease and indul- gence. It is easier and more agreeable to drift, but Niagara is below. The condition politically is desperate, but not hopeless. A slight revival of the patriotism and heroism of war times, a little Napo- loenic will in office, a few popular assertions of the majesty and might of the majority at the polls, and the political atmosphere will become as clear and invigorating as a June morning after a thunderstorm. If the American people can be made to discipline its officials, they will be obliged to discipline their police among others, and so the main desideratum of efficiency will be secured. If they will not or cannot do this there is small need of any reform, for 26o PSISONERS AND PAUPERS. the end is nigh, and degrees of evil or good are im- material. But with proper discipline, a police force, such as we have endeavored to describe, may be made an all-sufficient agency in the reduction of criminality and pauperism to a minimum. It might be extended beyond the limits of incorporated cities and towns and made advantageously to cover the whole country. One of the principal benefits of such an extension of police supervision would be, that the evils resulting from the practice of the country justice and constable with their fees could be abolished. This would be another long step in advance in penological reform. The " fee system," from the nature of things, ranges those who profit from it in the very ranks of transgression, and tends to encourage lawlessness and crime, upon which it depends for business, instead of repressing and re- ducing them. Upon a carefully selected, wisely organized, and firmly disciplined State police force extended over the whole country and in hearty and faithful co- operation with its own different members, we may confidently depend for the most efficient service in the reduction and control of the dangerous classes, the suppression of riots and disorders without the expense and inconvenience of assembling the militia, which we have endeavored to show are so burden- some and threatening to our peace and prosperity. We have explained how such a force may be made the handmaid of benevolence and the minister of philanthropy, as well as the guardian of our prop- erty and our persons. THE POLICE AS A RESTRICTIVE AGENCY. 261 But if the force is to be maintained in a condition of excellence, society itself has important duties to perform to it. From the very nature of the case, and the exigencies of his occupation, the policeman is very largely separated from the common, elevating, and religious influences and intercourse of society. It is his duty to become familiar with vice and crime, to know the corrupt, debased, and criminal members of the body politic. The evil disposed court his favor in all ways, they strive to be friendly with him. His power and disposition to resist the in- fluences of " evil communications " are therefore being constantly weakened, while the attacks upon his moral character are continually multiplied. Extraordinary effort is consequently necessary by the better portion of the people to keep him up to the plane of his original selection and entry into the service. Society has apparently largely ignored its responsibilities in this respect hitherto. It has sent its messengers down into the pitch and mire of its slums without the provision of any special means for preventing their defilement, or preserving their moral cleanliness and health. It compels them to treat and handle its corruption without supplying them with the disinfectants and antiseptics necessary to their own safety. It is manifestly impossible that the best selected police force can continue to be long reliable anywhere under circumstances of such neglect. Humanity, philanthropy, and religion must follow the policeman on his mission with an untiring and increasing care, both for his own sake and the 262 PRISONERS AND PAUPERS. success of his effort. Counter attractions must be opposed against the special allurements to which he is exposed. Pleasant resorts must be provided for his off duty hours, where the better things of life may be contrasted with the debasing pleasures with which his duties make him familiar, and intellectual and moral influences may be brought to bear upon his character. Particular effort must be made to keep up his connections with all the higher influences of social life, with the educational and religious enterprises of the people. He must be kept in touch with good society, in sympathy with the best social movements, and in connection with the Christian church. He needs the support, strength, and inspiration of the church and the Divine Spirit more than ordinary men. His church should look out for him with unusual solicitude and zeal, to counteract the evil of his daily environment. It is quite as essential to preserve as to select and train our police. We commend the police force to the thoughtful consideration of the people as an agency capable of the largest and most beneficient development in the amelioration of the evils of society in America, worthy of the utmost care and attention in organiza- tion and maintenance. CHAPTER XV. DEGENERATION AND REGENERATION. Summary of the Results of Investigation into Causes — Universal Abnormality of Criminals and Paupers — A Condition, Not a Disposition, Confronts Us — Fostered, Rather than Ameliorated, by Present Methods — Remedy Proposed, Advantages and Ob- jections — Failure of Regenerative Methods in Humanity for Three Thousand Years-r-Supreme Vital Function of Marriage : Evils of Social Neglect of Its Regulation iu General and in De- tail — Dr. Strahan's Evidence — Threatening the Republic — Principles Which Should Govern the Regulation of Reproduc- tion — Grandeur of the Results to be Expected — The First Step of Decided Progress in the Regeneration of the Race. We are impelled in conclusion of this general con- sideration of these grave and growing factors of the problem of public prosperity in America, to add a few observations concerning the actual and natural cause, common to both, of criminality and pauper- ism, which are universal and inevitable in civilized society governed by its prevailing sentiments. We have been convinced by our study that most of those characteristics which have hitherto been treated as causes, such as ignorance, intemperance, poverty, disease and defects, are symptoms indicating a social state or condition of crime and pauperism, rather than causes of them. It was not our original inten- tion to go below surface indications, or to attempt 263 264 PRISONERS AND PAUPERS. to treat of anything besides the dangers of the pub- lic, and the methods of protection proposed for the social organization. But so many writers have of late years been threshing out the wheat of valuable knowl- edge without winnowing it, that we are constrained to attempt to concentrate into a concise and intelli- gible summary, the results of the exhaustive and diversified investigations of learned men and philan- thropists into the causes of the great increase of crime and pauperism, and the failure of the wonder- ful modern advance of civilization and growth of Christianity to check this. The wide range of these investigations, and the interesting and useful results obtained, are very fully and impressively epitomized in Havelock Ellis' book entitled The Criminal, published in 1892. Those who desire more of the details than we can offer here may refer to it with profit. The patient and laborious researches of distinguished penologists and professors into the physical and psy- chical symptoms and characteristics of criminality in all ages and among all peoples, are there carefully and thoughtfully presented for consideration. The size, shape, convolutions, and weight of the brain, the size and shape of the cranium, the physiognomy as a whole, the features in detail, the form entire and the members separately, the hair and hairy sur- faces, the organs ; the senses of feeling, taste, smell, sight, and hearing ; speech, language, appetite, diges- tion, circulation of blood, temperature, nervous sensitiveness, mental disposition, capacity, educa- tion, habits, customs, peculiarities, family history; DEGENERA TION AND KEGENERA TION. 265 religious convictions or belief ; — the hereditary and heteronomic influences of a large number of crimi- nals have been examined, and compared with what may be termed the. normal type. But with all this care and research no general rule has been discovered by which the criminal can be positively identified before the crime. Indeed, the most universal as well as the most surprising and anomalous peculiarity of criminals recorded is one which unites them with, rather than differentiates them from, the better members of society, namely, a strong religious sentiment.' They even implore the help of God in the execution of their crimes. This sentiment, in conjunction with their dominant characteristics, seems to constitute the most general abnormality of the class, but of course is without value as a distinctive definition. The variations among criminals are apparently as wide and nu- merous as in the human race in general. While, however, no single peculiarity has been identified as a universal characteristic, these exami- nations have demonstrated beyond question the abnormality of all incorrigible criminals. Every member of the actual criminal class diverges in some essential respects from the normal type of mankind. His physical constitution is a serious variation from, if not an actual deformity or mal- formation of the complete, healthy, human being, aptly illustrating the truth of the reversed Latin adage, " insana meris insano corpore " / so that ab- normality becomes in itself an indicative character- ' The Criminal, p. 156. 266 PRISOffERS AtfD PAUPERS. istic of the class. Conversely, there is never found in the criminal or pauper class, except by accident, a normal, well developed, healthy adult. At least not in America, where the will of the majority is recognized as rational law by all rational beings, and the opportunities of self-support are ample for the healthy and strong. We believe it is established beyond controversy that criminals and paupers, both, are degenerate ; the imperfect, knotty, knurly, worm-eaten, half-rot- ten fruit of the race. In short, both criminality and pauperism are conditions and not dispositions. The mind, the intellectual faculties, and the soul, the moral faculties, — ^which are the motive powers of character, which constitute the man, — ^have their home in his body, to which they are conformed, which they represent, and by which they are lim- ited and controlled in their operations, as well as in their conditions. A normal character is not to be expected in an abnormal physique, nor a sound and healthy character in a diseased constitution. This is one grain of intellectual wheat that needs to have the chaff blown away from it, until it may show clear and distinct to the public eye. Whatever the cause of the condition, heredity or heteronomy, the sins of former generations, or of this, the result and fact is what confronts us, and demands attention. Omitting then from our present consideration the subject of secondary causes, let us limit ourselves to an effort to change the condition, for the condition requires distinct and different treatment from its causes. Vaccination will avert small-pox, but it is DEGENERATION AND REGENERATION. 267 folly and wickedness to vaccinate a patient and let him go free, after he has broken out with the dis- ease. We are to prescribe for the case already in- fected. Here is a gangrened member of the body politic : the question is not how it came to be so, but what shall be done to stop the spread of the poison, and save the life of the patient. There ap- pears to be a remarkable confusion in the minds and practice of many penologists and philanthropists, of the methods of prevention, with remedial meas- ures — a persistence of reliance upon vaccination after small-pox has developed. By thus confining ourselves to the treatment of the diseased member we shall greatly simplify our study, and limit it within comparatively narrow bounds. For while the causes of degeneracy are many and diverse, the rational treatment of a common, well-known case, is simple and plain. The gangrened member must be cut off from the body politic, or physical, and the system toned up to health. We do not propose to turn the criminal and pauper over to the execution- er, as is done in some nations, but we do propose, in the utmost kindness of heart toward them, as well as toward society, to show how they may cut them- selves off naturally by the processes of exhaustion. The laws of biology, that " like begets like," that imperfect seed in parentage cannot produce perfect offspring, that " breeding in " intensifies and magni- fies parental peculiarities, that certain inherited defects or deficiencies induce criminality, and result in pauperism, are well known, and generally accepted to be as invariable and immutable as the law of 268 PRISONERS AND PAUPERS. gravitation. It is as absurd to expect healthy, nor- mal children from abnormal parents, as to look for figs from thistles, perfect fruit on a blasted tree, sound and full-eared grain from imperfect seed, a " two-ten " trotter from a pair of plow-horses. The offspring of degenerate, degraded, defective, or dis- eased parents are of the necessity of nature below the normal standard, physically, mentally, or morally, at birth — even if not malformed or tainted with a diseased diathesis, neurotic, tuberculous, scrofulous, intemperate, or other. Some may be rescued from their inherited tendency by intelligent and favorable care and cultivation ; but without extraordinary at- tention nature will reproduce in them — it cannot do otherwise — an aggravation of parental defects. From criminals and paupers can only come more criminals and paupers. Another grain of wheat worthy of recognition. These are moreover compelled, by the equally inexorable laws of " selection " and " association," to " breed in " with their own classes ; wherefore their progeny progressively deteriorates and degenerates. In a state of nature, or freedom from artificial restrictions or influences, this degeneration rapidly results in extinction, by the inability to survive of the weak, and the sterility of survivors. This is nature's way of protecting its types, and of evolving, by the " survival of the fittest " and the destruction of the unfit, improvement and perfection in vegeta- ble, animal, and human life. There is no such thing as a criminal or pauper class among what are called savages or uncivilized men. l>EGEtfERA TIOM AND REGENERA TtON. 269 The civilized man is the product of the survival through all the ages, of the strongest, most stalwart and capable savages. In the progress of his civiliza- tion, the development of the sentiment of human brotherhood and the principles of Christianity teach- ing him to love his fellow as himself, has caused an interference with the natural law provided for the extinction of the unfit by impelling the strong and independent to maintain and care for the weak and defective. At the same time advances in the sciences of hygiene, medicine, and surgery enable many of the unfit to survive the tests of childhood and disease, the rigors of which they ameliorate, and which in a state of nature woiild be fatal. It is necessary when humanity thus restrains and limits the operation of the laws of nature that it should supply a correlative supplement to prevent disas- trous consequences. If civilization and philanthropy cannot permit nature to accomplish its inexorable decrees in its own way, they must provide some other way for its irresistable pent-up force to expend itself or finally be overwhelmed. By carefully providing for its degenerates and abnormals in comfortable prisons, asylums, and alms- houses, giving them the advantages of the highest knowledge and science of living, society unwittingly aggravates the evil it seeks to alleviate. It main- tains alive those who would perish without its aid. It permits their reproduction and multiplication. It fosters, with more attention than it gives its better types, the establishment and increase of an abnormal and defective class. It not only perpetu- 270 PRISONERS AND PAUPERS. ates by care but encourages by permitting unre- stricted " breeding in " among them the unnatural spread and growth of a social gangrene of fatal tendencies. It is assuming oppressive and alarming proportions which begins to be felt in the whole social organization. In terror our advancing civili- zation begins to inquire if there be no way of coun- teraction consistent with its highest benevolence, by which this abnormality of abnormalism may be avoided, criminality and pauperism restored to natural proportions, or to that ratio of increase which may be the inevitable result of ignorance and excess of living. We believe that the progress of medical and surgical science has opened up such a way entirely practicable, humanitarian in the highest sense, unob- jectionable except upon grounds of an absurd and irrational sentiment. The discoveries in the use of anaesthetics and antiseptics have rendered it possible to remove or sterilize the organs of reproduction of both sexes without pain or danger. This is the sim- plest, easiest, and most effectual solution of the whole difficulty. It promptly and completely stops the horrid breed where it begins and obviates the neces- sity of permanent seclusion other^vise imperative. This is another grain of wisdom to be separated for a profitable use. The sentimental objections to this remedy when examined in the calm judgment of reason appear to have no sound foundation. These organs have no function in the human organism except the creation and gratification of desire and the reproduction of DEGENERATION AND REGENERATION. 2^1 the species. Their loss has no effect upon the health, longevity or abilities of the individual of adult years. The removal of them, therefore, by destroying desire would actually dimish the wants of nature and increase the enjoyments of life for paupers. A want removed is equivalent to a want supplied. In other words, such a removal would be a positive benefit to the abnormal rather than a depri- vation, rather a kindness than an injury. This opera- tion bestowed upon the abnormal inmates of our prisons, reformatories, jails, asylums and public in- stitutions, would entirely eradicate those unspeakable evil practices which are so terribly prevalent, debas- ing, destructive, and uncontrollable in them. It would confer upon the inmates health and strength for weakness and impotence, satisfaction and comfort for discontent and insatiable desire. Neither should the purpose of this operation, the prevention of reproduction, be objectionable to the subject. The abnormal does not want children, has no affection for them, and gets rid of them as soon as possible if they come. If this were not so their offspring, being abnormal, weak, sickly, diseased, deformed, idiotic, insane, or criminal, doomed to a burdensome and suffering existence or an early death, are a curse rather than a comfort to their parents ; so that in no sense could the deprivation of these organs inflict injury or damage to criminal or pauper. On the contrary they would be enabled thereby to enjoy many comforts and privileges, and be relieved from many restraints at present neces- sarily imposed upon them. The range of their en- 272 PXISONESS AND PA UPERS. joyments would in fact be greatly enlarged, both in confinement and at liberty. Many indeed might be allowed freedom who are now closely confined. The adoption of this proposition then would seem to be an unmixed blessing and benefit. But even if this were not the case, society would seem to have, justly, the right to secure to itself re- lief from the undue burdens of crime and pauperism by thus preventing its multiplication, as a fair price for its care and expense in preserving the unfit from suffering and destruction. Such a limitation of the unnatural increase of these classes would certainly reduce, in a short time, their public burden and cost more than one half, by mere reduction of their num- bers. This would be a social economy in the neigh- borhood of sixty millions of dollars a year in the United States, equivalent to an annual addition to the wealth of the people of a dollar a head. Besides, this would remove the necessity for a sep- aration of the sexes in public institutions for perma- nent seclusion, permitting a single instead of a double plan of construction and management, thus greatly diminishing the costs of installation and administration of them. Such a regulation would almost completely eliminate from the catalogue of crimes the long and numerous list of crimes and vices of lust. It would arrest the most prolific cause of progressive debasement and degradation in the crimmal and pauper classes, both at liberty and in confinement, and remove an almost insurmountable obstacle from the course of their reformation. For all who have had the charge of them are shockingly DEGENERATION AND REGENERATION. 2^3 impressed with the knowledge that excessive and unnatural pandering to the sexual passion is their most universal, uncontrollable, and debasing vice. They yield to this like senseless brutes, into which they soon transform themselves by indulgence. These considerations alone seem to devolve upon society, upon the sovereign people, the law-makers, not only the right, but the duty, to complete and perfect its supervision and support of criminals and paupers, by effecting that sterility among them which, by its care, it prevents nature from producing. Such surgery is as wise, beneficient, and merciful as any that is performed. It should be recognized and esteemed by all intelligent persons, to be as neces- sary, safe, and unobjectionable as vaccination or the extraction of an aching tooth. The incorporation of regulations for such treatment of confirmed criminals and paupers into the legal code would certainly be- come a greater blessing and benefit to mankind than any other hygienic or surgical discovery has ever been, however beneficent vaccination and the use of anaesthetics may have been to the human race. As a deterrent, this treatment would surely be more effective than all the other penalties of the code together. For it must be acknowledged that how- ever much the individual and society might be thus benefited, that common sentiment which amounts to an instinct almost, under which the abnormal has found protection hitherto, is one of the strongest and most influential of nature. But it was divinely im- planted to secure the progress and advance of human- i8 274 PRISONEXS AND PAUPERS. ity in numbers and development, not its degeneration and destruction. Ignorance, error, and inattention have permitted the perversion of a divinely-bestowed instinct to a. controversion and opposition of its purpose. Humanity actually thus sins against the Creator and nature, in its contributory negligence of such perversion. The remedy we suggest would certainly be effect- ual, an immeasurable benefit to the human race, the exercise of an inherent right which really injures none, and moreover it appears to have become an imperative duty which society owes to its own preservation, which may not be neglected without actual sin. Society arrests and confines the leper, the victim of smallpox, yellow-fever, cholera, or typhoid, and treats them according to its own will, with or against their consent. It does not hesitate to remove a gan- grened limb, a diseased organ from the person, if it is necessary ; it shuts up the insane, the imbecile, the criminal, for the public protection ; it inflicts punishments of various degrees; compels men to labor without pay, for its good, in durance, even deprives them of life if it pleases ; assumes arbitrary control of the life, liberty, and happiness of an indi- vidual, if it considers it necessary for the public welfare ; and no reasonable being questions its right or duty to do these things. At the same time it allows its deformed and diseased in mind, body, and soul, to disseminate social leprosy and cancer with impunity, while the skill of its surgeons could prevent the infection by an operation almost as DEGEltERA TlOtf AND R^GBNERA TION. 27$ simple as vaccination. It seems inexplicable that the remedy should have been so long delayed. The charitable institutions, insane asylums, jails, and penitentiaries, are all full to overflowing. They cannot be built fast enough to meet the multiplying requirements of social neglect. The demand is con- stant and urgent for more and larger ones. The most generous plan is found inadequate before it has been fairly completed, and the pressure of neces- sity greater than when it was begun. Society is working at the wrong end of the subject. It might as well try to sweep back the rising floods of the Mississippi after they have spread over the plain, in- stead of stopping the broken levee. It is a Sisy- phean attempt to bail out the Ship of State with sieves. The leak outruns the capacity of her pumps ; the deeper she settles the more the yawning seams pour in their flood. The more we discover concerning the condition and customs of the earlier civilizations of the race, the Assyrians of Nineveh and Babylon, the Egyp- tians of thousands of years ago, the more probable it appears that there has been no material increase, in our present boasted civilization, in the proportion of humanity having ability to exist satisfactorily with- out manual labor. This proportion in America does not exceed ten per cent, of the population. It is probable that royalty, nobility, officers of the army and government, priests, learned and professional men, artists, manufacturers, merchants, and other members of the " upper class " of society numbered as many as ten per cent, of the people of Nineveh, 276 PRiSONEkS AND PAVPERS. Babylon, and Thebes. If this was the case, there has been no change in the relative proportions of these two classes of humanity in the last three thou- sand years. It is reasonably certain that the number of those who now have that superior ability which elevates them to the level of the " upper tenth " is not very much larger now than then. The whole mass of humanity has moved upward greatly; there have been constant accessions to the " upper tenth " from below,. and a constant waste there by exhaus- tion, but the ratio of those who are endowed with that perfection and excellence of capacity which enables them to rank at the top, remains about the same as it was in the beginning. This is a fact of tremendous significance in sociology, in many direc- tions outside of the purview of our discussion, in which it is very suggestive. For we believe the true objective of philanthropy to be the individual rather than the mass. The first interest of every one is himself ; the highest enjoyment of his own existence here and hereafter. If one finds himself or herself incapable of attaining his desires, then his interest centres next upon his children who shall come after him. No general progress is so satisfactory as per- sonal or family success and advance in the social scale. Besides, as the number of individual advance- ments increases, the general average is moved upward. So we say the true objective of philan- thropy is the increase of the " upper tenth " to a fifth or a half, which modern mechanical inventions would seem even now to make possible. It is the insignificance of the number of the " upper tenth " URGENEkATiON AND HEGEtfERATlON. i^J and its constancy that galls and irritates the ninety per cent, of workers below. " We are better off than we were," say they, " but the distance between us and them is just as, wide as ever it was. The way is open, it is said, but some unknown force holds us back ; we cannot walk where we would ; we hate it, and those who can go where we cannot." Hence riot and bombs and dynamite. We have referred to that other extreme of human- ity which is just becoming recognizable as the " sub- merged tenth," composed of the criminal, the pauper, and the children of despair, as the product of degen- eracy. It is equally significant that ancient civiliza- tions knew no such class. There were beggars and cripples, but not sufficiently numerous to require or receive public care. While the " upper tenth " con- tinues stationary, the " submerged tenth " grows, and its weight drags with accumulating irksomeness upon humanity. Philanthropy has been hitherto almost engrossed with its care, to the neglect of its cause. We believe that there is a common cause and a single remedy for both these social complaints : the lack of growth at the top, the rottenness at the root of the tree of humanity. It is an astonishing and incomprehensible fact to the student that society, among all the plans and projects it is continually devising for the benefit and elevation of humanity, has in our modem civili- zation utterly overlooked and ignored the one vital social function upon which improvement of the race depends. Marriage, which constitutes the social unit, which creates the family, whence the genera- 278 PXISON^JIS Atft> PAUPERS. tions succeed one another in upward or downward progress, has been left by philanthropy, by church and State, except by the recog;nition and solemniza- tion of the fact itself, almost as entirely unregulated as it was in the days of savage life, as it is among wild animals. The union of the pair upon whose fitness will depend the physique and character of the next generation is submitted by society to " natural selec- tion," and " chance." If otherwise influenced at all, it is solely by material considerations of selfish, tem- porary importance rather than those affecting the real object and purpose of the union, the children who are to come of the union; It is doubtful if one in a thousand of those who marry ever take this subject into consideration in their selections. If they were to do so indeed, there would be no proper method available to determine the questions needing settlement. So this seriously vital function is set- tled by caprice and " chance." The chances remain- ing about the same, the results have been about the same for thousands of years, save for the multiplica- tion of the unfit. That is, the same as far as this one result is evi- dent. There are signs of a general degeneracy attracting public attention, which are worthy of more serious consideration than they receive. Be- sides the increase of the " lower tenth," idiocy, imbe- cility, suicides, drunkenness, insanity, and all forms of mental, moral, and physical " constitutional " defects are coming to be common in all ranks of society. Stature is decreasing, the proportion of normal DEGENEJiATION AND REGENERATION. 279 perfectly healthy people diminishing, the general average of physical endurance and vitality becoming lowered, the number of children reared growing notably smaller; hair, the common indication ofi vigor, is disappearing, and bald heads becoming numerous early in life ; weak nerves, weak stomachs, weak hearts, weak heads are ordinary ailments. All these are indicative of a general deterioration, which must be due to faulty breeding, to the supreme folly of chance marriage, ignored and unregulated by the social organization. The law that "like begets like" is by no means confined to criminals and paupers, but operates inexorably in all classes and conditions of people. A taint of hereditary drunkenness, insanity, suicide, epilepsy, idiocy, deaf-mutism, cancer, syphilis, gout, rheumatism, tuberculous or scrofulous diathesis in the blood is a symptom of degeneration, likely to be intensified by propagation in succeeding generations until the tainted family becomes extinct. Inter- marriage with those tainted diffuses weakness, deformity, and abi'^rmality through the social structure, deteriorates and contaminates all who issue from such unions. These things are well known and completely established. We have not space for the argument here. It may be found con- clusively stated in Dr. Strahan's valuable treatise on Marriage and Disease, which ought to be read by every young person contemplating marriage before the affections have become engaged.' The law of • Marriage and Disease. A study of hereditary and the more important family degenerations. S. A. R. Strahan, 1892. 28o PRISONEHS AND PAUPERS. heredity in respect to these more distinct forms of degeneration are now so well established, and the frightful consequences of their neglect so apparent, as to demand . legislation for social self preservation. There can no longer be any doubt that the degener- ation of the race is due to the continual reproduction of humanity tainted to a greater or less degree with these common diseases and defects. Not only that all, absolutely all of the crime and pauperism, but most of the suffering and unnatural afflictions, sick- nesses, loss of children, untimely deaths, and social loss and waste due to these, are to be attributed to misalliances of, or with, tainted stock. The evils and necessities of divorce, with the insoluble problems concerning its regulations which perplex legislators, are made imminent and pressing by the continual linking together of the unfit. If only those were united who ought to be, there would be no need of divorce, no demand for its regulation. Let any one of mature years reflect upon the history of the fami- lies of his acquaintance, in the light of the knowl- edge he has of the habits and fortunes of their parentage, and he will be able to assign a probable cause for most of the troubles and afflictions that have befallen them, as well as of the failures and unhappiness, to inherited taint or peculiarities. The diagramic history of eight families given below are taken from Dr. Strahan's book, to which we have referred, and illustrate the evil we de- nounce more impressively than argument. They are fair samples of what is constantly occurring all about us. DEGENERA TIOAT AMD REGENEHA TION. 2%\ CASE No. I., p. 49. J. E 's Family. M A suicide, .^t. 56. M F t. Died of cancer of Died in a fi Married. No issue. stomach, ^t. 66. ^t. 54. I I \ i \ 1 M of can- Died of con- Died of con- Died of con- Died of con - Healthy. Has f stom- vulsions, sumption. sumption. sumption. seven chil- /Et. 58. Xx. 13 weeks. | 1 ^t. 16. dren. 1 Married several Married several M five chil- years. No issue. years. No issue. Epileptic. Twice Iren. insane. Testes in abdomen. Mar- ried. No chil- dren. No. II., p. 108. K. S 's Family. M , F Epileptic. 1 Had sister insane. I t 1 1 M F F Epileptic. Dead. Epileptic. Dead Idiot. Sane as yet. Insane. Suicidal. No issue. and insane . No Impotent. Incurable. No issue Nine children. issue. Some imbecile. No. III., p. 125. Father, a drunkard. Son, A drunkard, disgustingly drunk on his wedding day. I of con- Died of con- vulsions. Idiot at 22 years of age. Suicidal, dement. A Peculiar and Repeatedly irritable. insane. Nervous and depressed. No. IV., p. M Died mad 1 137- Imbecile. Irritable 1 1 1 M M Died of brain disease. 1 F Imbecile. Epileptic. Epileptic. 1 All 1 1 1 1 1 234567^ seven died in convulsions. 282 I>IiISO^\-ERS AND PAUPERS. No. v., P- 137- No. VI., p. i66. F M F A suicide. ■" Mute. 1 Normal. 1 F F 1 1 M 1 Insane. Epileptic. li ^ N M Insane. Mute. No issue. Normal. | Norn 1 1 1 1 \ F M Excitable. Dull. \ Mute. Epileptic. Imbecile. Mute. Normal. 1 Nc M 1 Mute. No. VII., p. 231. First Generation. Second Generation. • J. G. A- Pattrnal side. Grandfather. A drunkard. Grandmother. Normal. ' Uncle. A drunkard. Uncle. A drunkard. Uncle. An epileptic. -s Family History. Father. I Ezdtable and irritable. Maternal side. Grandmother. "Odd." Grandfather. Normal. Uncle. Epileptic. Uncle. Rheumatic, totally cripple, and his daughter al: Uncle. Rheumatic. Aunt. Rheumatic. Mother. Died in asylum. Third Generation. - ' Daughter. Has had rheumatism and has heart disease. Son. Now insane. Son. Died a few days old of convulsions. Son. Now a chronic maniac in an asylum. , Daughter. Suicidal melancholiac ; died in an asylum ; no issue. Family extinct. No. VIII., p. 303. S. H. 's Family. M Asthmatic. 1 55omewhat weak-minded. \ 1 1 t 1 1 I ^23456, Healthy. Died in infancy 1 1 III 7 8 g 10 II Drowned. Epilep- Healthy. Idiot. in convulsions. tic. 1 1 12 13 14 Died in Healthy. Scrofu- infancy in lous. convulsions. DEGENERATION AND REGENERATION. 283 It is not alone the dictate of wisdom and prudence, but the supreme instinct of self-preservation which impels society to a more careful and effective super- vision of the institution of marriage. It has been left too long already to " chance the usual way." This unique act of human existence, equal in solemn supremacy to birth and death, between which it has been committed by the Creator, sole link of this holy trinity, between the two eternities, alone of them to human control ; humanity's only exclusive property of the three, its object of the first, its refuge from the last ; with blind and inex- plicable heedlessness is left by a self-satisfied civiliza- tion to " chance," or to a settlement by those whose judgment or decision would not be trusted, even in the ordinary affairs of life, to inexperienced youth. " Natural selection " is a bewitching theory, like the theory of Free Trade, which requires impossible circumstances for its satisfactory operation. The choice and mutual attraction which ordinarily in- duces marriage in our present social conditions is generally the result of the close and frequent associa- tion of two individuals in a small society. Each selects the most desirable of the present acquaint- ance without thought, beyond the present gratifica- tion, of fitness or the future. If a large portion even of mankind could be offered to each individual under similar circumstances for marriage, it is possi- ble that natural selection might be successful ; as this cannot be done, the theory becomes impracti- cable, false, and fatal. 284 PSTSON^EltS AND PAUPERS. This pernicious principle of social free trade not only permits the unrestricted dissemination of cor- ruption and imperfection in the race, but it allows, if it does not ■ actually encourage, the propagation of immature and exhausted offspring. The degeneracy due to the former is probably exceeded by that which results from the latter. The marriage of im- mature children, and those whose vitality is weak- ened by age or excess, cannot possibly produce healthy and strong offspring. Stock breeders are familiar with this fact in respect to animals, and it is quite as certain in the human race. Dr. Strahan says : " The distinctive characteristics of the two classes might be roughly summed up as follows: The children of immature parentage are specially liable to death during infancy from wast- ing, scrofulous, and convulsive affections. They are liable in a remarkable degree to idiocy and imbecil- ity of a low type, and to physical deformities and imperfections. Large numbers of them succumb to tubercular disease about the ages of puberty and adolescence, and few of them attain even advanced middle age. The genital organs are ill-developed and often deformed, and a great number of them are sterile. They are also notorious for their lack of energy and courage. Hence, the class of criminals to which they give the greatest number of recruits is that of thieves and other petty offenders. " The children of the senile are as a class ugly, small of stature, and stooping, which, together with the absence of subcutaneous fat, gives them the look of old age while still young. Idiocy is less common DEGENERA TION AND REGENERA TJON. 28$ among them than weak-mindedness, amounting to imbecility, which is often accompanied with more or less perversion of moral feeling, and a plentiful sup- ply of low cunning. Many of them die between the ages of, puberty and adolescence of tubercular dis- ease, few of them live past middle age, and great numbers of them ultimately become insane and crim- inal. They are nervous, irritable, passionate, and horribly cruel, and are the perpetrators of most of those fiendish barbarities, the recital of which from time to time shock the civilized world." This conclusion is based upon a wide and long personal experience, and the investigations of many distinguished sociologists of Europe. It commends itself as true to any intelligent observer. The mag- nitude and extent of this evil, however, may not be as generally appreciated. It is a serious fault of our legislation that no statistics of the age of marriage are available in this country. We may fairly assume, however, that they would be similar to those of England in this respect. According to- the Annual Report of the English Registrar-General, there were married there during the year 1889 94,040 males of 21 years of age and less, and 42,170 females of 20 years and less. Of these, 33,526 lads of from 21 to 1 5 years married girls from 20 to i S years old. There were 11,525 men from 45 to upwards of 85 married, and TJojd women between 40 and 50 years of age. It is probable that the disposition towards unfit marriage is excessive in America, because less legal formality is required here, and because of the large ' Marriage and Diseasi, p. 259. 286 PJUSONESS AND PAUPERS. element of negro and foreign races in our population, ignorant and without care for results. It is certain that the evidences of faulty generation are multiply- ing everywhere about us. The holocaust of infants reported in the mortality records of our cities, the weak and puny children in our public schools, the stunted and crippled youths we see on the streets, our overcrowded asylums, the growing burden of pauperism and crime, the alarming increase of divorces, — all are to be attributed to the lack of the necessary public supervision of marriage, the most important of all social relations. Grave as these evils are, they do not constitute of themselves the most serious aspect of this neglect. The decay of republics has always, and must always be due to the degeneracy of the people. The great and strong and rugged race which wrests itself from the domination of its rulers, assumes self-control, organizes its own government, formulates constitu- tions, enacts laws, is fit and able for these achieve- ments. Consequently the inspiration of its action, as well as its first care, is to secure the greatest free- dom of the individual from governmental inter- ference. Fostered by this original impulse, it grows, as we have, in numbers, wealth, and power, until its organization has become a mighty element of the existing humanity. Then the luxuriant fruit begins to bend and strain the branches which have borne it. The people outgrows the early institutions of its childhood. New limitations and restraints upon the individual become necessary for the protection of all in the changed conditions of its society. Contempo- DEGENERATION AND REGENERATION. 287 raneously the general consciousness of invincibility weakens patriotism, the inheritance of liberty culti- vates license, the original freedom changes to neglect of the social unit and encourages debasement, until the whole people to whom the government was com- mitted become incapable of its exercise. The initial and chief condition of good government is purity at the fountain-head. When the people of a republic have become degenerate, it is in articulo mortis. It must either crumble into ruin, because the bond of its union is incapable of sustaining its own weight, or some strong hand snatches the reins from a heedless people and assumes control. Our question, then, is one of life or death to the republic. How is this government " of the people, for the people " to be perpetuated " by the people," this spreading infec- tion of degeneracy to be checked ? Society has willingly expended, and continues each year to expend, vast sums of money and great labor in the support of religious institutions, preachers, and churches for the moral elevation of the people. It submits cheerfully to pay the largest share of the public tax, and contributes immense amounts in addition, benevolently, to promote their intellectual progress. It founds and supports medical colleges, stimulates physical culture by encouraging athletic games and sports, and advocates the improvement of the physique in every imaginable direction. Religion and philanthropy join their forces in cease- less and exhausting effort to stem the resistless tide which appears to be sweeping the race over the cataract of extinction, sustained by faith in the eter- 288 PRISONERS AND PAUPERS. nal promise of a millenium rather than encouraged by any palpable success. They contend valiantly against overwhelming results, ignorant or oblivious of the easily controlled causes. Let it once assume the regulation of the propaga- tion of the race with wisdom and faithful efficacy, and all the other burdens and labors will become light and full of promise, hope, and fruit. It must control this vital function of marriage for the public welfare, as well as for the private good of the indi- vidual. This control is sanctioned and required by the divine right of self-preservation, and has become an imperative duty to the race and to God — a duty supreme in impulse and in consequence. Nor is its performance impeded by great difficul- ties. The tentative measures which have been enacted, the previous license, the consent of parents or guardians for minors, the prohibited marriage of the idiot and raving maniac, have secured unanimous approval. So, eventually, the common-sense of mankind will endorse the enactment of whatever provisions are essential to the common welfare. We recommend, as the next step, the enactment of a code regulating marriage fully in these respects, and by some such methods, as follows : First. It should be required that a license must in all cases be obtained from a county official before a legal marriage can be made. Second. Severe penalties should be imposed upon any who perform the marriage ceremony with- out the presence of the prescribed license, which should have a blank upon it for the marriage DEGENERATION AND REGENERATION. 289 certificate, with the ages, residence, parentage, nativity, and race of the parties ; the signature of witnesses, and the certificates of one or more reputable physicians, under oath, testifying to a knowledge of the following facts, derived from personal acquaintance with the persons and fam- ilies of the parties, or from other satisfactory evidence : That they are both of proper marriageable age, in good health, sound and complete physically, neither intemperate, criminals, nor paupers ; whether either parents or grandparents were lunatics, drunk- ards, idiotic, epileptic, congenitally blind, deaf, or deformed, or of syphilitic, cancerous, scrofulous, or tuberculous constitution. The license papers should be issued in duplicate, and one copy with all blanks filled should be filed and recorded in the county clerk's office. A false certificate by a physician should prevent the further practice of his profession. The law should strictly prohibit the marriage of females under twenty, and males under twenty-five ; of males over forty-five with females over forty who have not passed the period of child-bearing (for outside of these limita- tions of age it is generally understood healthy children are exceedingly improbable, if not impos- sible) ; of habitual criminals, paupers, tramps, and vagrants ; of the insane, idiotic, epileptic, paralytic, syphilitic, intemperate, cancerous, scrofulous, and tuberculous ; the congenitally blind, deaf, defective, or deformed ; the children or grandchildren of parents possessed of these taints, or of suicides, 290 PRISONEHS AND PAUPERS. which is of itself presumptive evidence of de- generacy. The infraction of this law, or the cohabitation with prohibited persons should be punished by the per- manent seclusion of both parties in the penitentiaries provided for life confinements. This is neither a complicated nor impracticable scheme. Consider what the results would be. In the brief course of one generation all the inherited rottenness and corruption of the ages would be purged out of the people. The criminal and pauper class, as a class, would become extinct. Peniten- tiaries, jails, almshouses, insane asylums, idiot, deaf and dumb and blind asylums would be largely depopulated. Intemperance, the fruitful mother of all evil, sin, and suffering, would become a rare vice ; suicide, the refuge of conscious incompetence, which has increased at the rate of thirty-three per cent, in twenty-five years in England,' and quite as much here, would be an almost unknown crime ; the growing burden of inordinate taxation and benevo- lence for the dependent would be lifted from societ)?; the evils of divorce would cease, chronic diseases would disappear almost entirely, and temporary ailments be robbed of more than half their terrors ; more than half of the poignant grief and affliction over the untimely death of children would be avoided ; health and strength and ruddy cheeks would delight the eyes and hearts that now grieve over puny forms and wan faces; doctors' bills would no longer drain the family ' Marriage and Disease, p. 88. DEGENERATION AND REGENERATION. 29 1 resources ; the earning power of the next generation would be magnified, its capacity for intellectual improvement and education increased, its suscep- tibility to moral and religious influence and govern- ment intensified, and the whole race rebound from the depression of its past with a buoyancy and power equal to the full development of its age of steam and electricity. More than this even, the wisdom of these regula- tions and these notable results would so improve the public consciousness as to powerfully influence its " natural selection " with a desire for the improve- ment of the species. The most favorable combina- tions would become a subject of general study and knowledge ; the propagation of higher grades would be a universal motive; the union of the fittest would produce great and noble characters in abun- dance, capable of leading the race to higher and grander planes of operation ; not only would the " submerged tenth " cease to fetter the feet of progress, but the intermediate " eightieth " would surge upward with a power as natural and irresistible as the tide of the ocean. Let society, under the compulsion of the necessity which is upon it, cut the Gordianknot of its bondage with this sword of justice ; take the control of its destiny into its own hand, regulate its reproduction with the wisdom of its experience, and the "ills which flesh is heir to " will vanish with the mists of its night of suffering and sorrow, dissatisfaction and jealous rage, before the glorious dawn of its millen- ial day of comfort, hope, peace, and promise. CONCLUSION. Let the people, the people who make the laws, who choose their legislators, consider the facts we have thus endeavored to make apparent and impressive, the enormous burden and drag upon our public prosperity of pauperism and crime, as shocking in its magnitude as it is appalling in its needless growth in our land, and vigorously undertake the solution of the problem of reduction and elimination with their characteristic shrewdness and energy. We believe the task is full of promise rather than hopeless in America, where all the conditions of nature and government are favorable and propitious. We have endeavored to indicate concisely the direction to be given public efforts in order, most assuredly and quickl}', to secure the largest results. Neither patriot, philanthropist. Christian, pagan, capitalist, nor wage-worker can afford to ignore the subject any longer. The problem is resolved into three elementary phases, those of prevention, of reformation, and of extinction, — the last the most important of all. The efforts to be made in these different directions are of equal importance, necessity, and promise, but of wide variation in their character, magnitude, and results. As they concentrate in purpose, they 292 CONCLUSION. 293 must increase in intensity and vigor. Preventive measures are like a net which must be dragged through the entire social stream. Reformatory treatment is confined to those only who are en- veloped in it. The " unfit," the abnormals, the sharks, the devil-fish, and other monsters, ought not to be liberated to destroy, and multiply, but must be confined and secluded until they are exterminated. The marriage of the criminal and defective must be prevented ; and, indeed, marriage of all those afflicted with constitutional defects should be pro- hibited. Society must take cognizance of the re- production of the race and correct the tendencies to degradation, as a measure of self-preservation. It is idle and foolish to waste energy, sympathy, and money in the hopeless effort to cure and restrain what should never have been permitted to exist. Physical degeneration must be corrected to promote regeneration. APPENDIX I. Comparative statement from the eleventh census, showing the quantities of distilled spirits, wine, and malt liquors consumed ; the average annual consumption per capita of population in the United States during the years 1840, 1880, and i8go ; the increase in fifty and in ten years ; and the product of a tax of $3 per gallon of the pure alcohol contained in the specified liquors ; together with the addition this tax would make upon the gallon of liquor sold. Total Consumption ■0 ,^ per Capita of Popu- lation. i . JJ 11 = s U E 1 OS e .S • E . Year 1 ^ Ending June 30. in 8 23 = 8 C4 ■5 S=3 6^ s 13 1 I 5 V 5 •3 2 < 1 i ? .2 a 1840 43,060,884^ 4,873.096 23,310,843 71,244,817 4-57 1-36 0.39 2.52a 1880 63,326,694 28,320,541 414.220,165 506,076,400 10.09 8.26 0.56 1.27 1890 87,829,562 28,936,981 855.792,33s 972,578,878 15-53 13.67 0.46 1.40 1 ncrease in ten y rs. 24,302,868 636,440 441,573,170 466,502,478 5-44 S-41 D.io 0.13 Percentage of in- crease in ten yrs. 36.9 2.24 109. 92.2 53-9 6S-S D. 9.2 Afisumed percent- age of alcohol.. Gallons of alcohol 50 ZO 5 consumed in 1890 43,9i4,78i 2,895,698 42,789,616 89,600,095 Prod'tof taxof S3 p. gal. of alcohol 5131.744,343 88,687,094 $128,368,848 j268,8oo,285 Tax per gal. liquor consumed $1.50 $0.30 $0.15 a. Includes use as burning fluids. 295 29^ PJiISON£liS AND pAUPEkS. A comparative summary of the consumption per capita of popula- tion in the United States, United Kingdom of Great Britain, France, Germany, and Canada, of distilled spirits, wines, and malt liquors during the years 1881 and 1887. Report of the Treasury Depart- ment of the United States. Countries. Distilled Spirits. Wines. Malt Liquors. 1881. Gal. 1887. Gal. i88i. Gal. 1887. Gal. 18S1. Gal. 1887. Gal. United States United Kingdom . . France 1-37 I.OO 1.22 1. 14 .91 .1.18 .98 1.09 .84 ■47 .43 30.7s ■ 54 .38 1886. 26.74 8.63 33^90 II. 96 32.88 22.35 2.33 24.99 3.50 .11 .10 APPENDIX II. A table from the United States Census of 1880, showing the num- ber of persons, and males, engaged in useful occupations, in the United States, above the distinctively daily-wage workers ; the number of fanners ; and the percentage of the total of each class to the popu- lation, to the total population over sixteen years old, and to the male population over sixteen years old. Males. All. Farm and Plantation Owners . . 2,gi2 3, lo6 Florists 4,248 4,545 Stock Raisers 16,406 16,528 Actors 2,974 4,812 Architects 3.358 3.375 Aitists and Teachers of Art . . . 7,014 9,104 Auctioneers 2,328 2,331 .Authors and Literary Persons . . 8li 1,131 Boarding and Lodging-House Keepers 6,745 19.058 Chemists and Metallurgists . . . 1,919 ^1969 Civil Engineers 8,259 8,261 Clergymea 64,533 64,698 APPENDIX. 297 Clerks Collectors and Agents . Dentists ... Designers and Draughtsmen Employes of Government Hotel Keepers Journalists . Lawyers Musicians . Officials of Government Physicians and Surgeons Restaurant Keepers Teachers and Scientific Persons Veterinary Surgeons Agricultural Implement Makers Bridge Builders and Contractors Builders and Contractors Clerks and Brokers in Manufacturing . Gold and Silver Workers and Jewellers Manufacturers Millers Officials of Manfg. and Mining Companies Photographers ..... Publishers Railroad Builders and Contractors Others in Manfg., Min., andMech. Industries Others in Professional Services Agents Bankers and Brokers . Book-keepers Brokers Clerks in Stores. . Clerks and Commercial Travellers Officials of Telegraph Companies Officials of Banks and Insurance Companies Officials of Railroad Companies . Salesmen Traders Total Farmers and Planters The Total Population was ... The Total Population over 16 Years old was The Total of Males over 16 Years old was . Males. 48,493 4,163 12,253 2,757 28,254 30,317 12,020 64,062 17,184 64,909 83,239 12,228 73,243 2,130 4.776 2,582 10,787 9,801 25,975 43,612 53,069 8,179 9,481 2,742 1,206 10,243 3,822 18,073 15,112 57,278 315,126 54,767 20,228 16,811 2,069 24,402 • 475,372 1,762,272 4,169,136 All. 53.232 4,213 12,314 2,820 31,612 32,453 12,308 64.137 30,477 67,081 85,671 13.074 227,710 2,130 4,891 2,587 10,804 10,114 28,404 44.019 53,440 8,198 9,990 2,781 1,206 13,542 4.570 18,523 15,180 59.790 4,193 353.444 55,442 22,810 2,069 32,279 491.045 2.033,671 4,225,945 50,155.783 30,112,124 15,359,866 The 2,033,671 Persons Engaged in Useful Occupations above Daily- Wage Workers were therefore of Total Population 4 per cent. 298 Prisoners and pauper^. Of the Population over 16 Years old 6.75 per cent. The Farmers and Planters were of the Total Population 8.4 per cent. Of the Population over 16 Years old . . 14 per cent. The 1,762,272 Males Engaged in Useful Occupations Specified above was of the Male Population over 16 Years of age ..... 1 1.4 per cent. Male Farmers and Planters were of Males over 16 Years old 27.7 per cent. APPENDIX III. Table showing occupation previous to arrest of convicts received into or serving in several penitentiaries specified, and the percentage of the total admissions or inmates which they constitute. From the published reports of the several penitentiaries. .J, ■i i S > > s-' 3 V u »< 0< "%. EA z z 2 !>" i; ■i i c > s -S . ^ - u it 8.1 to ^ .2 .J m S 4J ^1 J. 2 1^ J2 1 ■M S " s ** u a a = n, = p. " « -£ , U K'^ KtS > e E- -3 •0 •xa ■V •0 < < ■< < u < Accountants . I Actors . 2 I I Advertisers I Agents . 2 2 s 12 Alderman I Artists . I Astrologers I Auctioneers I Baking Powder (Clerk) I Bankers I 3 Base-Ball Players . I Book-keepers 5 9 19 37 26 9 I 106 Boot and Shoe Dealers 2 2 Brewers . 2 I 3 APPENDIX. 299 1 ■g c V >-■ > > E Pi 0. •E wa z a 2 ¥><■ u % .2 'a 6 .2 g 0.5- •So- li B 0' § . It >• "1 M 1.= "1 UJ in h ft It I cn ** >w !«" £^ "m f" Oot c 1 1 e w .s 3, ^0 2 J, ID B ■n 'm (H .s s s 1 1 '> *> s ■§•2 •a •0 ■? •a T3 < < < < U 3 u S-" > E 3 V u B< th 'b Ul i5 S5 z i>; E I o ■| f .s - o . cT >: S« %i = >• ft! S\ ■eS. 'C o» Sj ^B. Ul^ O '"' A ho" a." a.'S «• . 4 if II .So ■5 a Is. o "5 «'- «-- <£ .-0- ■ o c 's "m 1 'k s .H H Is § 'g E 'e i > '> i^ -a •a TJ o •o < >■ >■ >■ E I E CO a o » fi o .2 • o . u it Is 2 o if it .3 8.1 If M ^1 1 " s -g ■5- ■S-E g'S. Is. la. a H „-2 »— w sS. «ia 9" B B B f B S O .2 O O ^ J, J, O B 1 S 's 1 o tj tj ■ffi" 'i 'i 'e 1 ■l ■> 'g i£ •a T3 •a •o T3 ■< < < 2 < I -^^ -^^ •^^ < Police Officers 3 Police Sergeants . I Preacheis I Prefect . I Press Office . I Railroad Agents . I Railroad Conductors I 2 2 Railroad Presidents I I Real- Estate Agents I I I 3 Real-Estate Brokers 2 2 Real- Estate Dealers 2 2 Reporters 2 2 4 Restaurant Keepers I I Salesmen I 12 i6 lO I 40 Saloon Keepers 3 2 6 II School I I School Teachers . 3 I I 5 Sea Captains . I I Seamstresses . I 2 3 Sewing-Machine Agents 2 2 Sextons I I Shoe Dealers I r Shoemaker (Dru^ist) I I Showmen 2 2 Show Operators 3 3 Song and Dance Artists I I Speculators . I Stenographers I I 2 Stock Dealers I I 2 Storekeepers . 1 I Street Car Conductors I I 2 Supt. Paper Box Factory I I Surveyors I I 2 Teachers I 2 I I 5 Telegraphers 2 3 5 Telegraph Operators I 6 2 9 302 PRISONERS AND PAUPERS. ■i "S e: V a >>■ ><■ >> E 3 u S *M |i< 0. s .- I s. i .S5 . a" . c" . :^ u 14 1 a:" II II u .fr >t .6 -; c lo- CO = 0- s "n S| H I'S II in " tCu J- '^ C •J l5 " s " s H u = a = ft ™ a « u •r- «'•' bT «a- ^^ <& Vw "1 c 1 1 s S o k 0^ a "s 'ffi i _o u *is '1 g e c e 1 i- ■a •0 •0 •B -a < < <: < C ■* Theatrical Managers I I Thief (Gentleman) I I Ticket Agents I I Timekeepers . I I Travelling Agents I I Type Setters . I I Typewriters . I I Undertakers . I I 2 Venders 5 5 lO Veterinary Surgeons I I 2 Writers . I I Totals 31 56 126 99 275 144 58 13 802 Total Admissions, or In- mates 274 526 giS 791 1592 1263 759 69 6192 Percentage of Totals to.5 10.6 13-7 12.5 17-5 11.4 7.6 13- 12.9 Total of Farmers . 8 8 151 85 17 67 41 4- Percentage of Admis- sions 2.9 1-5 16.4 10.7 I. 5.3 5-4 5.6 APPENDIX. 303 APPENDIX IV. A Suitable Dietary for County Jails. Days. Breakfast, Dinner. SOPPER. Monday, Bread, cof- Beef-soup, with vegetables, rice. Bread, tea. fee. or barley ; I pound boiled beef, potatoes, bread. Tuesday, Bread, cof- \ pound Bologna sausage, short- Baked po- fee. cake. tatoes, tea, bread. Wednesday, Bread, cof- Bean-soup, roast-beef, potatoes. Stewed fee. bread. dried fruit, bread, tea. Thursday, Bread, cof- 1 pound pork, sauer-kiaut, Bread, tea. fee. bread. Friday, Bread, cof- Fish-chowder, with potatoes. Bread, tea. fee. onions, and crackers. Saturday, Bread, cof- Mutton-soup, with vegetables. Bread, tea. fee. bread. Sunday, Fried pota- Meat-pie, made with vegetables. Stewed toes. dried bread, fruit. coffee. bread, tea. These dinners may be varied by substituting baked pork and beans, corned beef and cabbage, or corned-beef hash, on occasion, or salted fish and baked potatoes for fish chowder. 304 PRISONERS AND PA UPERS. APPENDIX V. WHITECHAPEL UNION, LONDON, ENGLAND." Dietary for Able-Bodied Paupers — No. i. i . DniNER SurPBR. &t ' ^ rt Days. Adults. •D 'C ft > o bn B j3 15 a. S s D. 73 » R fu , •X3 O m c .2< rt X E E G9 I E pa 6 o 3) 3 CO ~ S o •a ^ o. o o Men Women 5 S I 5 4 12 12 •■ 5 :t Monday Men Women 5 I 4 4 I^ 5 li I Tuesday . Men Women 5 4 T ■• 24 20 5 li T Wednesday Men \Vomen S I •• i6 i6 5 I Thursday Men Women S s 4 I 5 4 12 12 •• 5 I-g- •■ Friday Men Women 5 I 4 4 a 5 S i4 I Saturday . Men Women 5 5 I •• i6 i6 •• 5 5 • ■ 4 I Children between 9 and 16 years of age to be allowed the same diet as women. Approved by the Local Government Board, January 21, 1882. ' By permission from Prof. Jno. J. McCook's report on out-door alms of the town of Hartford, 1891. APPENDIX. 30s CiEtARY FOR Aged and Infirm and Imbecile Paupers — No. 2. Days. Sunday Monday . . . Tuesday . . . Wednesday Thursday. . Friday Saturday . . . Adults. Men. . . Women Men. .. Women Men. . . ' Women i Men [ Women \ Men.. . \ Women i Men . . . \ Women ■ Men.. . Women Dinner. Supper. The foods in the foregoing Table are to be prepared in accordance w-iih the forms hereunto annexed. The sick and infants under two years of age to be dieted under the direction of the medical officer. (Signed) John Outhwaite, Presiding Chairman. I consider the allowances in the above Dietary Table to be suffi- cient. (Signed) Herbert Larder, Medical Officer. The Local Government Board sanction the above Dietary Table. (Signed) Edmo.vd H. Wodehouse, Assistant Secretary, Acting under the authority of the General Order of May 26,1877. I^cal Government Board, December 3, 1888. This Dietary came into force December 30, 1SS8. 306 PRISONEJiS AND PAUPERS. Forms for the Preparation of Foods. PEA Name and Description of Ingredient. 30UP. Quantity of each Ingredient to a. Gallon. SUET {Baked or Name and Description of Ingredient. PUDDING. Boikd.) Quantity of eacli Ine^redient to a Pound IRISH Name and Description of Ingredient. STEW. Quantity of each Ingredient to 34 ozs. Raw Meat. Bones [or Austra- lian Meat].. Split Peas or Scotch Barley. . . Fresh Vegetables. ozs. 8 32 6 pints. Flour Suet ozs. 8 2 lbs. To make 240ZS Raw Meat. Potatoes (peeled)... Carrots . . ] Onions. . 1 Turnips.. ' etc J (To he slightly thickened with Barley or Flour.) ozs. 3 10 2 pints APPENDIX. 367 APPENDIX VI. Showing cost of pauperism to the tax-payer. Copied by permission from Prof. Jno. J. McCook's report on out-door alms of the town of Hartford, 1891. HARTFORD COMPARED WITH THIRTY-EIGHT AMERICAN CITIES.' A.D. 1885. Gross Ex- Tax per Tax per Crrv. Popula- pense for out- Net Expense for Capita for allllelief. Capita for tion. door Relief. all Relief. out-door Relief. Hartford . 45,000 $40,372.84 $93,344.73 $2.07 $0.90 New Hav'n 76,000 38,906.75 98,935.64 1.30 .51 Bridgeport 36,000 26,362.62 37,278.04 1.03 .73 Waterbuiy 28,000 12,919.58 22,664.30 .81 .46 Norwich . 25,000 23,593.75 38,694.68 1-54 ■94 Meriden . 25,000 12,094.53 18,680.24 •74 .48 NewBrit'in 17,000 15,072.09 23,651.64 1.39 .89 Norwalk . 16,000 3,723-81 9,939.20 .62 .23 Danbury . 15,000 4,807.51 10,977.35 .73 •32 Derby . . 15,000 6,959.16 12,262.63 .82 .46 NewL'nd'n 12,000 5,750.77 »3,384-39 I. II .48 Stamford . 14,000 8,398.08 s _ .60 Coni^t, 12 cities. • 324,000 $198,961.49 $379,812.84 Av.$1.22 Av. $ .61 Total, Boston . . 390,406 $95,804.06 $547,595-35 $1.40 $0.25 Worcester . 68,383 16,578.96 40,285.40 .59 .24 Lowell . . 64,051 17,981.0c 66,311.96 1.03 .28 Springfield 37,577 5,268.08 25,103.74 .66 -14 Fall River 56,863 53,000.00 ■93 Mass Its, 1 5 cities. • 617,280 $135,632.10 $732,296.45 Av.$i.i6 Av. $ .24 Total, ) ' Condensed from Henry C. White's Report to the Executive Com- mittee of the Taxpayers' Association, New Haven, 1886, with one column added. ' Not ascertained. 3o8 PRISONERS AND PAUPERS. Gross Ex- Tax per Tax per City. Popula- pense for out- Net Expense fot Capita for out-door Relief. tion. New York 1,325,000 $32,051.52 $981,356.20 $0.74 $0.24 Kings Co., N. v., of which Brookljm consti- tutes ^1 700,000 286,760.11 ■41 . . . - Buffalo 225.000 52.452.85 162,148.92 • 72 .23 Albany 100,000 17,092.94 53.957-49 .54 .17 N. York, ) 4 cities. ' ■ 2,350,000 $101,597.31 $1,484,222.72 Av.$ .63 Av. $ .43 Total, ) Philadel'ia 928,000 $20,000.00 $336,346.20 $0.36 $0,022 Pittsburgh 200,000 32,528.23 88,066.86 ■44 .16 Allegheny 90,000 10,377.74 35,028.59 •39 .12 Scranton anddistr. 77,000 8,942.14 36,346.74 .47 .12 Baltimore . 425,000 154,400.00 .36! iSgo.Scr'n- ton « . . 83,450 9,149.14 74,738.47 8.95 10.9 PeniiMnd MaryFd, 5 cities. 1,720,000 $71,848.11 $650,188.39 Av.S .38 Av. $ .04 Total, J ' Not ascertained. ' Scranton added by the author. APPENDIX. 309 Gross Ex- Tax per Tax per City. Popula- pense for out- Net Expense for Capita for Capita for tion. door Relief. all Relief. all Relief. out-door Relief. Chicago . 700,000 I117.376.49 $554,397-26 $0.79 $ 0.17 Cleveland . 185,000 23,491.56 54,204.64 -29 -13 Detroit . 160,000 37.495-55 90.513.42 -56 -23 Milwaukee 158,500 28,172.40 59.076.69 •37 .18 Toledo. . 75.000 I 21,767.46 .29 .... Charleston (figuiesfor 1882). . 49.984 36,248.34 -72 Norfolk . 26,188 16,822.50 .64 JVesi.amf\ SouilCrn^ 7 cities. 1,354.672 $206,536.00 $833,030.31 Av.$ .62 Av. $ .17 Total. J SUMMARY. *. ;5 State. Population of tne cities Gross expense "o ss *o «_« for out-door ti 3"° all relief % included. relief. .Q h"? .a E"^ E vt; E s« •a <% 15 ••"S"? 12 20 17,838 8 11 11,958 2 17 8.400 3 19 18,863 6 13 10,000 3 13 iD.noo 3 9 7.5'X> 0.30 1.40 o.8z 0-73 1.98 0.6a 1.26 1.02 Z.2Z 1.83 3-61 2.44 I.3I 0.64 1.03 4.S2 6.35 2.45 7.76 10.08 5.0a 2.32 6.26 1.65 1.59 3.86 2.4 1.38 1.22 2.38 2. 00 2.84 3.60 316 10.96 2-34 0.60 16.53 24-29 1-5' 183 571 7-23 4-50 12.73 8-82 10-53 9.62 231 '3,33 72.6s 9.08 11.01 34.01 8-72 19.25 21.81 21.73 16.00 10.13 6-97 4.66 10. 1 2 14.81 35.64 10.19 3-21 3-27 6.28 2-43 484 7-85 2-47 3-55 11.24 592 7-70 3-52 7.03 11-15 9-68 12.66 4-14 3-41 9-73 2.64 S-25 34-01 4-17 045 14-74 6-78 9-60 4 49 2-49 2-50 0.40 1-50 10.83 r.41 25-53 27-37 35-09 31-52 32-98 4841 42-96 69-68 35.00 29.76 41.00 8671 20-82 23-27 48.71 31-91 28-14 13- 7S 40-82 25.60 66.67 45-35 38-99 .53-19 65-33 49-5* «9-23 29-69 23.82 59-52 50.00 37-73 68.00 46-51 31-60 56.43 36.00 92.69 9 71 58-84 37-04 71-43 6774 73-25 72.18 5588 41-89 142.31 S3-S5 3^.89 4-92 0.23 3-63 0-15 4.78 0.16 352 0-14 391 0-14 7-33 0.20 6.12 0-18 7-83 0.14 4-72 0.15 2.87 0.12 4-36 0-13 6.20 O-II 1-75 o-xo 3-4S 0.18 8.76 0-20 .ri8 0.12 2.84 0.12 0.78 0-C7 2-99 0.09 2.40 0.13 4-69 0-09 340 O-IO .3.87 O-II 4-57 0.10 6.83 0-14 4-21 0.10 591 0.10 2-37 0.049 3-07 0.13 9-21 O.II 4.29 0.07 4-35 Q.II ..98 0.08 6.39 O.IO 3-94 0.10 4-58 0.15 4-42 0.10 4-12 0.14 7.79 0.12 0.36 0.C4 ,5-98 0.1X 2-8l o.c8 2-86 0.05 <>.34 0,11 4-93 o.n 2-95 0.07 3-63 0.07 313 7-37 0^ S.81 o.c6 1.29 0.05 $2 .go 0-89 o 96 1-07 105 2 IS 1-56 182 1-11 0-96 I-I7 o 70 0.60 i.c8 1.97 093 0.92 o 46 074 074 0-47 0-S3 / 0-87 0.90 1.26 0.91 0.60 0.505 0-95 1.02 0.51 o.g6 0.72 1.03 0.55 0.57 0.73 o 96 1.05 0.32 0.93 0.56 0.24 1.21 0.60 0.44 0-32 0.74 0.40 0.40 0.32 i INDEX. Abnormality of criminals and pau- pers, 171, 265 , Abnonnals carefully maintained by modern civilization, 269 Adaptation, the panacea of the present, 131 Alcohol, a cause of criminality, 139 ; to be made to pay as it goes, 155 ; proper taxation of, 156 ; trial of, by Common Sense, 139 ; annual damage to the people, 141, 151, 16; ; per- centage of, contained in bever- ages, 143 Alexander of Russia, 131 Alien population of Pennsylvania, 12 ; of Lacka. Co., 22 ; instruc- tion of, 54 Allegheny County, of Pennsyl- vania, 22, 30, 91 ; Jail, 24 ; Workhouse, 147, 174 Almshouses, in Lackawanna County, 20 ; support of paupers in, 222 ; location and construc- tion of, 224; administration of, 225 ; discrimination as to ad- missions, 228 ; motives of man- agement, 229 ; Dietaries for. Appendix IV., 304 ; grading of responsibilities, 233 ; duties of directors, 234 ; religious privi- leges, 234 ; misuse of the poor fund, 235 Americanization of immigrants, necessity of, 60 ; how to accom- plish, 53 American, Institute of Civics, 58 ; Institutions, National Leagues for Protection of, 58 ; table of mortality, 143 ; institutions, beneficence of, 44 ; immigration, statistics of, 46 ; citizenship, value of, 50 ; price of, 51 ; rights of Congress to prescribe, 52 ; qualifications required, 52 America, the land of the Bible and the Sabbath, 55 Anarchists of Paris, escaping to America, 239 Andrews, W. P., paper quoted, 174 Appropriations of public funds non-sectarian, 56 Army ration of several articles of diet, 202 Arrests for trivial oSences, propor- tion of, 185 ; use of patrol wagon in, 254 Atkinson, Hon. Edward, quoted, 148 Auburn Prison, 298 Autonomic government of cities, "5 B Babylon, proportion of upper class in, 275 Beaver, Gov. James A., 40 Beer drinking, increase of, 151 Ben Ishmael, tribe of, 176 Bible, the, America, (he land of, 55 Biddle University, 84 311 312 INDEX. Binghamton, Inebriate Asylum, 162 ; police of, 252 Biological law of reproduction, 267 Board of Public Charities of Penn- sylvania, 9, i8, 19, 26, 41 Booth, General of Salvation Army, loi, 179 " Breeding in," 267 ; faulty, of humanity, 279 Brush, Warden, 16 Bryce, Professor James, 113 Cable, G. W., on the negro, 75, 85 ; education, 75 Campbell, Mr., of Ohio, quoted, 120 Cassidy, M. J., Warden, of East- em Pennsylvania, 192 ; dietary recommended by, 201 Chain gangs in the South, 70 Charitable institutions should be Christian, if public, 56 Charity, indiscriminate, in cities, no ; organization of, no, 220 ; institutional, criticised, no; true in spirit, a public duty, 222 Chicago, foreign population of, 59 Children, illegitimate, 211 ; home- less, 214 ; police supervision of, 242 ; in cities, 99, 242 ; laws of punishment, 1 87 ; of immature parentage, 284 ; of the senile, 284 Children's Home, Washington County, Ohio, 176 Child-sa\-ing institutions, 188 Christian, Home for Inebriates, The, 162 ; Sabbath, 55 ; Bible, 55 ; land, America, 55 Church, and State, 58 ; its duty to immigrants, 60 ; Roman Catho- lic, appeal to, 61 Cities, density in tenements, loi ; lower classes in, loi ; clubs in, 107; ancient, 113 ; government of, in United States, 114 ; auton- omy necessary, 115 ; suffrage in, 122 ; immigration to, 123 ; value of police to, 123, 253 ; local poli- tics distinct, 125 ; statistics of churches in, 126 ; growth of, 5, 93 ; contributions to crime, go ; population of, in Pennsylvania, 12, 115 ; density of population, 101 Citizenship, American, value of, 50 ; essential qualifications of, 52 City life, reformation of, 94 ; three classes of population in, 96 ; children of, 99 ; political phases, 112 Clinton Prison, 298 Club life in cities, evils of, 107 ; growth of, 107 Coffee- and tea-houses recom- mended, 167 " Collegiate prisons," igo Color prejudice absurd, 78, 83 Compensation for slavery, 83 Confinements to be avoided when possible, 185 Congregate system of imprison- ment, 192 Constabulary to be exchanged for police, 243 Consumption of intoxicants in United States, 152 Convict lease system of the South, 71 Convicts from rural and urban dis- tricts, 90 Cooking, good, a preventive of intemperance, 16S ; should be taught in public schools, 168 Cooper, Peter, 133 Costs of criminal arrests in U. S., 8 ; of crime and pauperism in Pennsylvania, 10, II ; in Lacka- wanna County, 21 Country-roads, 118 County House, the, 39 ; prison of Allegheny County, 22 ; visitors recommended, 223 ; duties of, 224 ; workhouses needed, 229 ; jails, 193, 194 ; Dietary for, 303 ; Eugene Smith on, 194 ; number of, in United States, INDEX. 313 193 ; wardens for, 193, 203 ; management of, 196 Crime, erratic action induced by intemperance, 139 Criminal convictions in Great Brit- ain, 2 ; the, by Havelock Ellis, 264 ; abnormality of, 265 Criminality, heredity of, 175 ; a condition, not a disposition, 266 ; due to heredity, 280 ; phases of the problem, 292 ; of various classes in society, 302 Criminals, increase of, in United States, 2 ; percentage from cities, 89 ; abnormality of, 172 ; increase of, 175 ; restriction of reproduction, 177 ; number of, in certain States, 89 ; class num- ber of, in United States, 171 ; in Great Britain, 171 ; reproduc- tion of, 268 ; no criminal class in savage life, 26S ; outgrows ability to confine it, 275 D Damage of Alcohol to the State, 151 Dauphin County, 24 Davis, Noah, Chief - Justice, quoted, 145 Defective classes, number of, in Pennsylvania, 12 Degeneracy due to improper mar- riages, 278 ; signs of a general, 278 ; threatening the Republic, 286 Degeneration of the race, 280 Density of population in cities, loi, 117 Dickinson, Hon. Mahlon H., quoted, 146 Dietary for jails, 2or Disease, heredity of, 279 Divorce, evils of, due to neglect of properly regulated marriages, 280 Drexel, Mr., of Philadelphia, 133 Drunkards, liars, 138 ; can be cured, 161 ; reformatories for, 161 Drunkenness, a disease and sin, 158 ; right of society to legislate upon, 159 ; necessity for legis- lation, 160 Dugdale, "Juke," family, 176 E Eastern Penitentiary of Pennsyl- vania, 25, 173,' 183, 192, 298 Education of the negro, 75 ; com- parative expense for, in various States, 7S ; no restriction upon criminality, 183 Electrical appliances in the police of cities, 254 Ellis Havelock, Tkt Criminal, 264 Elwyn Institution for feeble- minded, 215 Ely, Prof. R. T., on paupers, 205 Employment of prisoners, 199 ; for paupers, 232 English language to be a requisite of citizenship, 55 Equilibrium of laborers and work, 135 Equitable Life Insurance Com- pany, 143 Expectation of life of persons thirty years old, 143 Family, the, the social unit, 95 ; interference with, in cities, 96 ; effect of wealth upon, in cities, 97 Farm and city values compared, 120 Farmer, the lot of, as affected by roads, 119 Farmers, number of, in United States, 296 ; per cent, of crimi- nality, 302 Fisk, Commissioner of Education, on intemperance, 147 Foods for paupers, forms for preparation, 231, 306 Foreign contribution to criminal- ity, 4 3U INDEX. France, imprisonments in, 3 ; family life in, 121 ; immigration from, 120 ; territory of, 120 ; country-roads of, 120 Franklin Home for Inebriates, 162 " Freedom of Worship " bill in New York, 57 Gambling spirit a source of debase- ment, 105 Gillespie, Bishop, 3 Girard, Stephen, 133 "Girls, unfortunate," legislation concerning, 210 Government, 13hie purpose of, 27 Grady, Hon. H. W., 86 Great Britain, consumption of in- toxicants in, 152 ; reformatories in, 191 Green, Hon. Sanford M., on in- temperance, 145, 185 II Hadley, Col. W. W., "Rescue One " Mission, 162 Hampton Institute, 84 Hand, Hon. Alfred, testimony on intemperance, 146 Harris, Dr., testimony on intem- perance, 14s Harrison, President Benjamin, 53 Hartford, costs of outdoor alms in, 217, 307 Health Board of New York on tenements, loi Heredity, of criminals, 176; num- bers, 182 ; of defects, 279 ; of disease, 280 ; illustrated, 281 Heteronomic causes of criminality, 183 Hillside Home of Scranton, 211 Homeless children, 214 Houses of the Good Shepherd, 212 Hoyt, Chas. S., Secretary of the Board of Charities, New York, on intoxication, 147 Huntingdon Reformatory, 215 Idleness the mother of mischief, 129 Idlers, treatment of, 209 Illegitimate children, number bom in Pennsylvania, 211 ; in United States, 212 Illinois Penitentiary, 298 Immature parentage, evils of, 284 Immigration to United States, 42, 46 ; a tidal wave dangerous to our government, 64 ; Congres- sional regulation of, 49 ; restric- tions proposed, 51 ; how to restrict, 50 ; how to deal with, 53 Imprisonment for life, 178 Inadaptation the cause of idle- ness, 130 Indeterminate sentences, 190 Inebriate asylums, 162 ; establish- ment of, urged, 163 " In Plain Black and White" 86 Insane, number of, in Pennsylva- nia, 12, 28 Instruction of aliens, 54 Intemperance a cause of error, 138 ; costs of, in the United States, 165 ; proper political action concerning, 155 Intoxicants, consumption of, 295 Jails, schools of crime, 6 ; costs of, in Pennsylvania, 10, 13 ; Sunbuiy, 14 ; county, 193 ; num- ber of, in United States, 193 ; evils of, 195 ; county, sugges- tions to improve the manage- ment, 196 ; rules and r^;ula- tions, 198 ; furniture of, 200 ; work in, 200 ; dietary for in- mates, 201 "Juke," the family, 176 K Keeley Bichloride of Gold Insti- tute, 162 Knights of Labor, 131 INDEX. 3IS Labor of insane, 28 ; defectives, 29 ; cheap, 48 Lackawanna County, Pennsylva- nia, 19 ; taxables and valuation, 21 Laws, existing penal, pernicious, 6 Legislation required concerning the Negro, 74 Legislative appropriations in Pennsylvania, 26, 30 License system a failure, 153 Life sentence for inconigibles, 177 " Like begets like," 279 Lincoln, University, 84 ; Presi- dent, 115 Liquor sales in dubs, 108 "Log-rolling," 30 Lower class in cities, loi M McClaughry, Major, quoted, 182 McCook, Prof. J. J., report on alms in Hartford, 217, 304-307 McCulloch, Rev. O., on the tribe Ben Ishmael, 176 Malt liquors, consumption of, 152 Management of jails, 196 ; alms- houses, 229 Mandsley, Dr. H., quoted, 173 Marriage, among the colored peo- ple, 74 ; effect of wealth upon, 97 ; neglect of a cause of the social evil, 100 ; influence of club life on, 107 ; the most im- portant social item, 277 ; errone- ously left to "chance," 278; natural selection, 275 ; results of, 278 ; and disease. Dr. Stra- han on, 279 ; the unique act of humanity, 281 ; report of Eng- lish Registrar-General on, 285 ; unfit, in America, number of, 285 ; regulations recommended, 288 ; results of regulation, 290 Martindale, Mr. Chas., quoted, 182 Massachusetts, insane of foreign birth, 43; Board of Charities, 145 May, J. Wilson, on intemperance, 145 Middle class in cities, 98, 100 Milwaukee police force, 247, 251, 253 Mine camps of the South, 70 Moritgomeiy County, prisoners, 24 Morrison on crime class, 171, 180 Morton, Dr. Thos. J., on intem- perance, 147 N National, growth, 49 ; Naticnal Guard, the, at Homestead, 244 Naturalization, laws, 123 ; of im- migrants, 60 Natural selection, 278, 291 N^ro, inmates of Northern insti- tutions, 66 ; pauperization in the South, 67 ; paupers, reasons for their small numbers, 67 ; criminality discussed, 68 ; do not speak a foreign language, 68 ; illiteracy of the race, 68 ; children in schools, 68, 69 ; and petty thieving, 69, 70 ; influ- ence of slavery inducing thiev- ery, 70; criminality, causes of, 72 ; population in United States, 3, 65 ; convicts in, 3, 65, 70, 193; paupers, 43, 65; "the Negro Question," 85, 86 Negroes, convicted to disfranchise them, 73 ; average sentences of, compared with those of whites, 70 ; disregard of marriage, 73 ; intemperance of, 74 ; ignorance of, 68, 75 ; need of education, 75 ; political position of, 76, 77 ; dependent wards of the nation, 76, 77 ; colonization impractica- ble, 77 ; duty of the National Government, 78, 80, 81 ; denial of their equal rights dangerous, 79 ; failure of Southern meth- ods, 80, 87 ; the fanners of the 3i6 INDEX. tropics. Si ; compensation due to, for slavery, 83 ; duties of whites concerning, 83 ; the Church toward, 84 ; national value of proposed remedies, 85 New Alanis, 59 New York, clubs in, 107 ; density of wards in, 117 ; Juvenile Asy- lum, 215 ; police of, 252 ; State' Asylum for Insane Prisoners, 298 ; foreign population of, 59, loi, 106 Nineveh, proportion of upper class in, 275 Northumberland County prisoners, 24 O Occupation of convicts before ar- rest, 298 Ohio Penitentiary, 298 Omaha, Conference of Charities and Correction at, quoted on Police, 247, 250 Oi^nization of Charities, 220, no Out-door relief, 216 ; report of Prof. McCook on, 217 Parental discipline, 15 Paris, 131 Parkhurst, Rev. Dr., quoted on the police, 257 Park, John C, on intemperance, 145 Patrolman, his duties, 255 Patrol wagon, the, 254 Pauperism, anomalous in United States, 205 ; quantity and cost of, 206 ; causes of, 206 ; classes of, 206 ; a condition, not a dis- position, 266 ; outgrows the provision of charity, 275 ; due to heredity, 206 ; defined, 67 ; costs of, in various cities, 308 ; in Pennsylvania, 10, gl ; in Lackawanna County, 20 ; to decrease burden of, 38 ; of rural and urban districts in Pennsyl- vania, 91 Paupers, the different classes of. 206 ; treatment of, 207 ; repro- duction of, to be restricted, 207 ; minors, in Pennsylvania, 215 ; care of, by relatives to be en- forced, 221 Penal legislation, proper objects of. 35 ; reformation of, 189 ; scheme of proper, 190 Penitentiary, Eastern, of Pennsyl- vania, 25, 173, 183, 192, 298; Western, of Pennsylvania, 192 ; of Ohio, New York, Illinois, 183 Pennsylvania, statistics of crime and pauperism, 9 ; cities in, 12 ; colored people in, 12 ; foreign- ers in, 12, 59 ; penal institutions of, 10 ; costs of crime and pau- perism in, to-26 ; of insane in, 215 ; increase of indigents and defectives in, 17 ; poor-directors of, 40 ; expended on paupers, 40 ; rural and urban elements of, 90, 91, 116 ; pauper minors in, 215 ; illegitimate children born in, 212 ; requirements to properly care for them, 214 People's Palaces, 133 Percentage of convicts of various occupations, 297 Philadelphia, I, 2, 30, 32, 90 ; criminals of, 90 ; system of im- prisonment, 192 ; paupers of, 92 ; House of Correction, 215 ; House of Refuge, 215 ; density of population, 117 Pittsburg City Farm, 23 ; convicts from, 91 Police, chief of, 257 ; duties of society to, 261 ; statistics of, in fifty-one cities, 310 ; Matron, 252 ; of New York, 252 ; of Mil- waukee, 253 ; of Scranton, 252 ; of Binghamton, N. Y., 252 ; of cities, 123 ; proper number of, 252 ; peculiar .'mportance of, in United States, 237 ; agents of prevention, 240; State, 244, 260 ; requisites of a good, 244 ; INDEX. 31; organization, 250 ; waste of present system, 252 ; inter- change of information, 255 ; Commissioners of Milwaukee, rules of, 246 ; discipline of, 256 Policeman, qualifications of a good, 24s ; appointment of, 24s ; dismissal, 245 ; must be independent of politics, 246 ; instruction and drill of, 249 ; life insurance and pension fund, 249 ; arrests discouraged, 250 ; duties, 251 ; number, 252 Political position of the Negro, 76 ; phases of city life, 112 Polytechnics of Quintin Hogg, 133 Poor laws scheme suggested, 39, 40 Population, ioreign, in United States, 43 ; contributions to criminality, 43 Porter, Hon. R. P., number of paupers and criminals in United States, 148 Potter, Isaac B , quoted, 120 Preparation of Foods, forms for, 306 Preventive measures, and reme- dial, 267 "Probation" system in Boston, 186 ; to be promoted by proper police regulations, 256 Prohibition unsound in principle, 154 Prohibitions existing in many States, 164 Public opinion concerning Ne- groes, 76 ; schools, 134 Pughe, Hon. Lewis, 40 Punishment of criminals, absurd, 36 R Real estate, values in cities, 117 Reformation, of city life, 94 ; of penal legislation, 189 ; to begin with the laws, 35 Reformatories, State, 188 ; of Great Britain, 191 ; number of, in United States, 193 Reform schools, 188 ; reclamations in, 189 Registrar-General, the English, report on marriages in 1889, 285 Regulations for jails, 196 Religious privileges for paupers, 234 Reproduction of criminals and paupers to be limited, 180, 270 Republics, decay of, due to physi- cal degeneracy, 286 Restrictions upon immigration, 52, 53 Ries, Col. F. J., Chief of Police, report, 247, 250 Roman Catholic Church, 212 Rural contribution to criminality, 90 ; and urban population of Pennsylvania, go Sabbath in cities, 98, 102, 104 Saloon, substitutes for, suggested, 166 Salvation Army, 127 Saving in taxation, 33 Schools, public, should teach cook- ing, 168 Schuylkill County prisoners, 24 Scranton, 22 ; police of, 252 Sectarian appropriations, 56, 235 Senile parentage, evils of, 284 Sentences indeterminate, 190 ; of penitentiary convicts, white and black compared, 70 ; average length in various States, 70 Separate system of imprisonment, 192 Separation of prisoners, 197 Shaw, Albert, 133 Sheriff management of jails, 194 Sichart, Herr, quoted, 1 72 Sing Sing Prison, 298 Smith, Eugene, on county jails, 194. 195 , , , . , Southern, neglect of penological principles, 72 ; sentiment con- cerning the Negro, 74 318 INDEX. State, incapable of charity, 31 ; confinement of criminals advo- cated, 187 ; police recom- mended, 243 ; police legislation, 255 Station, the police, 254 Sterilization of abnormals, 270 ; objections to proposal consid- ered, 270, 271 ; rights of society in the case, 272 ; social economy of, 272 Stiles, Hon. Robert, quoted, 191 Stocker, Court Pastor, on heredi- tary criminals, 176 St. Paul City, density of popula- tion, 117 Strahan, Dr. S. A. R., " Marriage and Disease," 279-282, 284 Strong, Dr. Josiah, Our Country, 126 " Submei^ed tenth," the, 277 Suffrage, purification of, in cities, 122 Suicide, increase of, in England, 290 Sunbury, visit to jail, 14 Surgical aid in the solution of the problem, 273, 274 Tallock, W., quoted, 144 Tammany, controls New York, 106 ; the leaders of, 122 Taylor, Prof. Graham, D.D., on Prof. McCook's report, 217 Thebes, dvilization of, 276 Transportation in cities, 118 Tramps, disposition of, 209 U Upper tenth, the, 275 ; import- ance of numbers, 276 ; percent- age of criminality, 298 Urban population and criminals, 89 ; in certain States, 89 ; of Pennsylvania, 90 ; and rural contribntions to criminality, 90 ; growth of, 92 ; analysis of, 96 ; tiiree strata, 97 Useful occupations, numbers en- gaged in, 296 Vagrant, disposition of, 209 Value, of American citizenship, 50 ; of the life of the average criminal to society, 149 Vaux, Hon. Richard, quoted, 173, 192 Vergilio, Dr., of Italy, quoted, 173 Vice in cities, 98 W Wardens, of jails in Pennsylvania, 24 ; of jails should be perma- nent, 194, 203 Wealth, influence upon the family, 97 ; upon criminality, 183 Wells, Hon. D. A., quoted, 149 Western Penitentiary of Pennsyl- vania, 192, 298 Wetherell, Dr. H. M., Secretary of the Lunacy Commission, quoted, 147 Wey, Dr. H. D., quoted, 174 Whitechapel Union, London, diet- ary, 304 White, Judge, on intemperance, X46 ; whites native, illiteracy of, 68 Wife, value of a good, log William, Kaiser, 131 Williamson, Peter, 133 Wilson, President New York Health Board, loi Wines, Rev. F. H., 4 ; Rev. Dr. E. C, 144 Work for prisoners, 199 ; for pau- pers, 232 Wright, Dr. J. S., quoted, 174 Wurtemburg, prisons of, 172 Y. M. and Y. W. C. Associations, 127 Young Men's Christian Associa- tion, duties towards immigrants, 60