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their reply was that prison reform must come from the prisoners. Jack Murphy, Mr. Osborne's special friend in the prison, suggested a league among the prisoners, the men to sign a resolution pledging themselves to loyalty to the cause. The league was organized in Auburn Prison. On Dec. 26, 1913, by free election in the different shops of the prison, a committee of forty-nine was chosen to determine the exact nature and organization of the league. The committee of forty-nine met and formulated the by-laws of the league, which were adopted by the whole body of prisoners Jan. 11, 1914.

The first meeting of the Mutual Welfare League is described by Thomas Mott Osborne as no other could describe it.8

"It is the afternoon of Lincoln's birthday. Once again I am standing on the stage of the assembly-room of Auburn Prison, but how different is the scene before me. Busy and willing hands have transformed the dreary old place. The stage has been made into a real stage, properly boxed and curtained; the posts through the room are wreathed with colored papers; trophies and shields fill the wall spaces; the front of the gallery is gaily decorated. Everywhere are green and white, the colors of the League, symbolic of hope and truth. Painted on the curtain is a large shield with the monogram of the League and its motto, suggested by one of the prisoners, 'Do good. Make good.' At the back of the stage over the national flag a portrait of Lincoln smiles upon this celebration of a new emancipation.

"At about a quarter past two the tramp of men is heard, and up the stairs and through the door come marching nearly 1,400 men (for all but seventeen of the prisoners have joined the League). Each man stands proudly erect and on his breast appears the green-and-white button of the League, sign and symbol of a new order of things. At the side of the companies march the assistant sergeants-at-arms and the members of the Board of Delegates-the governing body of the League; and on the coat of each is displayed a small green-and-white shield-his badge of authority.

"Now there are no keepers, and each man is sitting easily and naturally, laughing and chatting with his neighbor. There are color in the faces and life in the eyes. I had never noticed before the large number of fine-looking young men. I can hardly believe it is the same gray audience I spoke to less than five short months ago. What does it all mean?

"For this first meeting, the Executive Committee of the League has planned a violin- and piano-recital. For two hours the men listen attentively and with many manifesta

8 Thomas Mott Osborne, Within Prison Walls, p. 318.

tions of pleasure to good music by various composers varying from Bach and Beethoven to Sullivan and Johann Strauss.

"Between the first and second parts of the program we have an encouraging report from the secretary of the League, none other than our friend Richards, whose cynical pessimism of last July has been replaced by an almost flamboyant optimism as he toils night and day in the service of the League. We have also speeches of congratulation and good cheer from two other members of the Commission on Prison Reform, who have come from a distance to greet this dawn of the

new era.

"Then after the applause for the last musical number has died away, the long line of march begins again. In perfect order nd without a whisper after they have fallen into line, the 1,400 men march back and shut themselves into their cells. One of the prison keepers who stands by, watching this wonderful exhibition of discipline, exclaims in profane amazement, 'Why the hell can't they do that for us?' Why, indeed?"

Branches of the League have since been or ganized in Sing Sing Prison, New York, and in the Connecticut State Reformatory at Cheshire. Under Mr. Osborne, as warden of Sing Sing, the branch in that institution has developed many lines of activity. A prisoner's court is held, presided over by a judiciary committee elected from the board of delegates. All violations of discipline are tried by this court, the prisoner having the right to appeal to the warden's court should he feel the sentence unjust. Seldom, however, does the warden feel justified in reversing the decision of the convict judges. The guards have been removed from the mess-hall and shops; a swimming-pool has been made to supplement the limited bathing facilities of Sing Sing. Token-money has been introduced, all prisoners being paid a dollar a day and themselves paying for their board and lodging. Their savings are deposited in a model bank, and it is hoped that these savings may be redeemed, even if at the rate of only a few cents on the dollar, until the prison industries are developed on an efficient basis and a proper wage is possible from their profits. Night schools have been organized, prisoners able to teach volunteering to aid their fellows.

These are but a few of the activities of the League. The result is apparent. The physical appearance of the men is better; their mental condition is better; the output of the industries has increased 21%; "dope" has been practically eliminated; discipline

is better, the hospital records showing a decrease of 64% in the number of wounds drest.

The test of the prison system lies in the men who come out. That the new system stands the test is best illustrated by a statement made by Judge William H. Wadhams, of the Court of General Sessions of New York City:

"I had been examining the men who came before me as old offenders for a number of months, looking for the man who had come out from under the influence of the new system. I thought I had one a month ago, and called him up and said: "You have just come out of State prison?' 'Yes,' he said. 'How long have you been out?' 'Four months.' Where did you come from?' 'Dannemora' (a prison in New York where the old system still exists). I had another shortly afterward who had been out two weeks and returned to crime. He also came from Dannemora. Last week I had a third man. I called him up, but he, too, had not come from Sing Sing (which is under the new system). I have not had one single man come before me for sentence who has come out of Sing Sing since the League was organized. The Osborne or New System is the best insurance against the recommission of crime."

July 23-The Indeterminate

Sentence and Parole

The protection of society demands the preservation of law and order. The violation of law and order is a crime. The perpetration of crime must be condemned. The condemnation must follow immediately upon the perpetration of the crime, and be definite and irrevocable. The duty of the court and the jury is to ascertain the perpetrator of the crime and evaluate the act according to the varying degree of crime laid down by law.

The record once established by legal processes should attach itself to the perpetrator of the crime in such wise that he can never divorce himself from it and can only mitigate its effect by establishing before a recording agency facts of weight and definiteness as to his character and the circumstances of his life. Neither the social position, the political standing, nor the circumstances surrounding the perpetration of the crime should hinder the condemnation of the crime by the court. The reorganization of our method of conviction so as to give it the utmost punitive power must be our aim.

The perpetrator of a crime may be able to bring forward many justifications for his act. We have allowed these justifications to affect our condemnation of the act. The scientific attitude must be substituted for sentiment. The protection of society demands the study of the individual and of the means by which he may reclaim himself.

The condemned individual must be given an opportunity to secure the facts of his heredity, to show his physical and mental condition, to demonstrate his ability to develop his good tendencies and overcome the evil. The record of the good must be made as available as the record of evil established by the courts.

The record of good can not be established within any fixt period of time. The trained physician, or psychologist, even under the most advantageous circumstances, would absolutely refuse to claim power to determine to a day when cure will be effected. The judge knowing the details of the crime, or even of a series of crimes, attempts to penetrate the mind of a man and determine what manner of man he is, and on the conclusions thus formed to decide the


The machinery by which to judge the condition of the individual and his possible cure has been broadly referred to as the intermediate sentence. It is the transfer of the power of fixing the duration of the sentence, which was formerly vested in the judge, to a board of experts, commonly known as a Parole Board, which has custodial care of the individual and passes upon the question as to when his cure has been effected sufficiently to justify his release, both for his own good and that of society.

Brockway first urged the indeterminate sentence in 1867, but at that time had no records such as New York State has to-day. Finger-prints were unknown, the permanent school census was undreamed of, election registration was in its infancy, and the control of the population in matters of health and hygiene, with all their regulation and infinite processes, had hardly begun. coordination of these records with the court and police records will afford accurate information about the individual and save thousands of dollars in appropriations. This is coming, but will emphasize the establishment of credit for the individual citizen, not espionage. The establishment of this new


credit will facilitate and give new possibilities to the work of Parole Boards.

The new prison system with its application of the modern educational principles of selfexpression and interest inspires the prisoners with a desire to establish a worthy record in prison and make good upon release.

Few of us realize that the opening of the prison-gates at the end of a sentence does not mean freedom. Jim had just come out. I was interested in honest elections and was conducting a vigorous campaign for the protection of the polls; I met him at the Belmont by appointment and we had lunch. What astonished Jim most was that there were some rich folks in the world who cared about "the likes of him." To me the startling news was that he had voted thirtyfive times in the election previous to his incarceration. "I never knowed that any of those folks cared. I was framed the first time I was sent up and did the other bits right enough; I've had to have protection, and the guy what I helped on election day helped me the rest of the year. Say, if the rest of the gorillas didn't have to get protection the voting wouldn't be so strong. A suffragette ain't in it when I vote thirtyfive times." The protection of the polls and the protection of the ex-prisoner became all at once in my mind one problem.

If an ex-prisoner succeeds other prisoners come to him for help or blackmail, and can spoil his chances in the new job by talking too loud. The policeman on the beat can tip off his boss that he is a jailbird and he is fired-it is not safe to have him around. If he attempts to "fix" the cop by a friendly bribe he is in danger of finding an honest cop who arrests him for bribing an officer. What to do and where to go? Only one way is easy-back to the old life, the old gang, the protection of the politician, and the fence higher up.

Some men can not make good on the outside; others are being trained to be of value to themselves, their families, and society. This is the effective way to protect society and is the reason for prison discipline. A man's record from the prison ought to be the best reference he can hope to secure.

Connected with the Mutual Welfare League at Sing Sing there is an inside committee which passes upon the men before release. The men are given characters which make it possible for the outside committee,

connected with the National Committee on Prisons, to recommend a prisoner for a position and have it secured so that he may go directly from prison to the job without the dangers of the first few days out. The laborunions have offered to receive prisoners into the unions if they can become sufficiently efficient in prison to qualify for union membership when they come out. This union membership will reestablish them in the community, will give them credit to supplement the record established before the Parole Board.

It has been proposed that we consider the man coming out of prison as having no character; that is, a character neither good nor bad. This will be possible when we introduce the indeterminate sentence, the prisoner being released only when the Parole Board has determined that he has been cured. Without the indeterminate sentence it is only safe to conjecture that the ex-prisoner's character is still bad unless there is abundant evidence, nay proof, that he is going straight. The indeterminate sentence and the system of responsibility and brotherhood in the prison are imperative if we would protect society against the commission of crime and aid the weak brother to reestablish himself as a respected member of society.

July 30-Capital Punishment

A recent editorial in THE REVIEW and a reply to it offer some suggestive thought on this recurring theme.

THE EDITORIAL: Does actual punishment, or the certainty of the law's enforcement of the law, deter from crime? . . . Without discussing the ethics of the question, we may note the procedure and experience of Holland, which seems to throw needed light on this vexing problem. In the Netherlands, population has increased from 3,056,879 in 1849 to over 6,000,000 in 1913 (on Dec. 31, 1909, 5,856,175), or double that of fifty-six years ago. Yet in that period, under the laws of June 29, 1854, which greatly decreased the number of crimes capitally punished, and of Sept. 18, 1870, abolishing the sword and gallows, high crime has steadily diminished. Under the new statute of 1886, life imprisonment in Leeuwarden is the rule. Punishment means the loss of personality; the condemned is known on the record only as a number. Except for religious consolation,

he is shut off from the outer world, and no royal or executive action can, unless fresh evidence arise, hinder the operation of the law or make release. In the first period, from 1851 to 1856, with an increasing population, the provincial court convictions (there being no trial by jury in the Netherlands) show diminution to the extent of nearly fifty per cent. In the second period, from 1886 to 1895 (murder or intent to murder being considered as one), with rapidly increasing population, the diminution in crime continued. From 1896 the irrevocable sentence came into force, and the result shows that, with the population about doubled, the sentences to life imprisonment average less than seven persons a year. It must be remembered that in Holland there are no juries to be swayed by local or personal feeling, but the judges award the penalty. The secret of the success of this double reform is seen in the fact that previous publicity was assured on a national scale. Extraordinary pains were taken in advance, in every one of the eleven provinces, to have it known that justice would be swift and sure. It was understood by all that there was no hope after sentence had been pronounced. No glorification of the prisoner was in any way possible after once the prison doors closed upon him. But note this by means of her public schools, her churches, and the hundreds of "circles" of the "Dutch Chautauqua" (Society for the Promotion of the General Welfare), now over one hundred years old, this happy result was achieved. The certainty of punishment and knowledge of the appalling nature of it have been the chief deterrent causes. the Gevangeport, at The Hague, in the old torture-chambers, the swords formerly used for decapitation in the various provinces are hung up, rusty from long disuse. Now, these are as great curiosities as are stocks, the rack, and branding-iron, from which last Holland led the world in substituting "The Scarlet Letter," and on this episode Hawthorne built his undying romance.


THE REPLY: An editorial of THE HOMI

Letic Review (June) draws attention to the decrease of high crime in the Netherlands since the year 1854 as an argument against capital punishment. If this review offered comparisons under capital punishment with equal periods of time under its abolition the conclusion would have been more satisfying. May not the statement that high crime has steadily diminished during the long period in which there had been no executions rather suggest the effectiveness of many happy conditions of society in that densely populated country? The revision of the constitution of 1848, by which the people elected their States General Assembly, must have been an important factor throughout this entire period. The removal of the capital penalty for lesser crimes than that of murder, in the year 1854, promoted a greater equality in the scale of justice. This, however, would not apply to the removal of the extreme penalty for the extreme crime of cold-blooded murder.

It is an accepted axiom that a penalty should be neither unjustly severe nor unduly weak. A weak penalty throws the law into contempt, while one that is too severe works to the same end. This was notably the case in England when death was the punishment for stealing. The thief, knowing that robbery, plus murder, could receive no greater punishment than robbery alone, was often tempted to kill whoever apprehended him. The change in the Netherlands courts, at a later date, by which a dual administration was done away with, and the twenty-three district tribunals were raised in importance and power, with beneficial effects, was noteworthy.

The entire period from 1854 onward, throughout both the hangman's régime and that of the life-jailer, was a season of the development in the new freedom of selfgovernment which a patriotic people wisely used in strengthening the cords of justice and in restricting the pardoning power of the sovereign to a degree scarcely attained in any modern nation-all of which, notwithstanding the loss of the capital penalty, tended to suppress high crimes.


READERS of THE HOMILETIC REVIEW will recall that, in 1904-1905 and 1909, Princeton University sent expeditions to Syria, east of the Jordan, to survey the archeological remains and to make record of the monuments and inscriptions discovered. A series of notable volumes is in course of publication, mention of which was made in the number for April, 1915.

A new volume in this series has just appeared dealing with that part known as the Hauran (plain and mountain). It will be remembered that the region named Decapolis (Matt. 4:25; Mark 5:20; 7:31) is in part coextensive with the Hauran. The remains are therefore in large part Greco-Roman and Christian, these civilizations having superseded the earlier Semitic culture. The great service the Princeton expedition is rendering appears anew in the present issue. Frequently there is brought to light the further destruction of existing ruins by the present population, the ruins being used as quarries for materials to erect new habitations; so that monuments and data now existent will in the course of time cease to exist except as recorded in books like this one. It sometimes happens that an inscribed stone is broken, and the inscription is pieced together from parts found in structures miles apart.

The work done by the expeditions was geographical, architectural, and linguistic. (dealing with inscriptions in the Greek, Latin, Nabatean, Syriac, Safaitic, and Arabic languages). The architectural results given in the present volume are usually illuminative. There is in evidence a population which was able to erect temples, palaces, fortresses, and other structures in the best styles of Greco-Roman art. Out of the débris the architectural expert has often

been able to reconstruct in plan the entire building, presenting a picture probably true to fact. Such a case is that of the temple of Zeus at Kanawat. Sometimes remains exist which testify to great architectural ability, as in the case of the fine arches in the ruined church at Nimreh.

The inscriptions copied here have not the epochal significance attaching to some others, tho several have considerable historical and human interest. For example, those who have studied gravestones in an old churchyard remember lines reading somewhat as follows:

"As thou art now, so once was I;
As I am now, so shalt thou be;
Prepare for death and follow me."

In the village of Djemerrin was found a broken inscription in Greek of pre-Christian date which from parts of like inscriptions found elsewhere may be restored to read: "As thou art, I was; and as I am, thou shalt be." The following line is incomplete, but seems to have referred to the inevitability of death.

The martyrs Sergius and Bacchus were noted in Syrian hagiology. At Ghasm was found an inscription from a memorial to them built in the year 593.

There is a lovely touch of human nature in an inscription, by a Syrian woman, found in Orman. "I Hubb, daughter of Mughaiyir, having a love for the beautiful, built this memorial for myself and my brothers." This inscription is one which, with at least one other, was known a few years ago to have been in another village, and so illustrates anew the value of the expeditions in picturing and describing monuments and inscriptions which are in danger of perishing at the hands of the ignorant inhabitants.

1 Publications of the Princeton University Archeological Expeditions to Syria in 1904-1905 and 1909. Division II. Ancient Architecture in Syria. By Howard Crosby Butler. Division III. Greek and Latin Inscriptions in Syria. By Enno Littmann, David Magie, Jr., and Duane Reed Stuart. Section A, Southern Syria, Part 5-Hauran Plain and Djebel Hauran. Late E. J. Brill, Leyden, 1915. 121⁄2 x 10 in. See Frontispiece.

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