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Readers are asked to re- port all cases of books marked or mutilated. Do not deface books by marks and writing. 3 1924 092 594 245 ."' ."■!■■■ ; '3'-.V" STATE OF NEW JERSEY REPORT OF THE PRISON INQUIRY COMMISSION DWIGHT W. MORROW. Chairman SEYMOUR L. CROMWELL JOHN P. MURRAY HENRY.F. HILFERS OGDEN H. HAMMOND VOLUME I TRENTON NEW JERSEY 1917 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://archive.org/details/cu31924092594245 STATE OFJMEW JERSEY REPORT OF THE PRISON INQUIRY COMMISSION TO GOVERNOR WALTER E. EDGE AND THE SENATE AND GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY TRENTON, N. J., JANUARY I, 1918 VOLUME I TABL*E OF CONTENTS. Volume I. Report of Prison Inquiry Commission. Appointment and Organization of Commission 3 Preliminary investigations and report 3 Duties of Commission defined 6 Improvements in State Prison 7 Scope and methods of further investigation 8 Report of results of investigation : A. Policy of the State with reference to crime 12 B. Jurisdiction and Procedure of the Criminal Courts 20 C. Places of Detention not directly controlled by the State 25 D. State Correctional Institutions 28 • 1. The State Prison 30 2. State Home for Boys 41 3. State Home for Girls 44 4. State Reformatory for Men 46 5. State Reformatory for Women 50 E. The Labor Problem in the Correctional Institutions 53 F. Pardon and Parole 60 G. Administration of the Correctional System 65 H. Conclusions and Recommendations 72 Exhibit A. Preliminary Report of Commission 79 Exhibit B. Statistics of Jails and Workhouses 95 Exhibit C. Statistics of Correctional Institutions and of State Board of Childrens' guardians 101 Exhibit D. Prison Labor and the State Use System 125 Volume II. A History of the Penal, Reformatory and Cor- rectional Institutions of the State of New Jersey by Harry E. Barnes. Contents 3 Analytical % 11 Documentary 337 State House, Trenton, N. J., January I, 1918. To His Excellency, Walter B. Edge, Governor, and to the Honorable Senate and General Assembly of the State of New Jersey: The Commission was appointed on January 26, 19 17, pur- suant to a joint resolution of the Senate and General Assembly of the State of New Jersey which empowered the Governor to appoint a Commission of five persons to "investigate into the conditions of the penal, reformatory and correctional institutions of this State, and also into what is known as the 'State Use System' and the employment of prisoners on roads, prison farms or in other capacities." The Governor constituted the Commission so provided for as follows: William B. Dickson, who became Chairman; Seymour L. Cromwell, Henry F. Hilfers, Dwight W. Mor- row and John P. Murray. Mr. Dickson having resigned from the Commission on July 17, 1917, Mr. Ogden H. Hammond was appointed to fill the vacancy so created and Mr. Morrow was designated as Chairman. On February 12, 1917, the Commission submitted to the Governor and Legislature a preliminary report (attached hereto as Exhibit A) reciting certain investigations which it had con- ducted and submitting certain findings and recommenda- tions at which it had arrived regarding the condition and management of the State Prison at Trenton. As appears more fully in the preliminary report the Com- mission expressed its willingness to make a comprehensive report on the penal and correctional institutions of the State if the Senate and House of Assembly desired it to do so, and for that purpose asked that its powers be continued to the first day of January, 19 18. The Legislature acted on this suggestion and on March 15th, 1917, passed an act confirming the Commission and continuing 4 Report of Prison Inquiry Commission. it for the period of a year from such date, directing it to report to the session of the Legislature in 1918, the results of its research and its recommendations thereon. It also appropriated sums aggregating $44,000. for certain immediate improvements in the State Prison, as recommended in the preliminary report. On the day on which it was organized (January 27, 1917) the Commission, with the Governor, made a personal inspec- tion of the State Prison and interviewed the Keeper and other officials. Subsequently, on January 31st and February 2nd the Commission held public hearings at the State House, Trenton, and on April 17th at the State Prison. The first two hearings were for the most part concerned with a detailed inquiry as to the management of the State Prison (including the farm at Leesburg and the road camps) and of the Reformatory at Rah way, the operation of the system of parole at those institu- tions and the efforts of the Prison Labor Commission to put into effect the law providing for the substitution of the State Use System for the Contract System of prison labor in the penal and correctional institutions. The hearing of April 17th was devoted to an investigation of the charges of mismanagement and cruel and inhuman treatment of inmates of the State Prison. At this hearing 20 witnesses were examined — four officers and 16 inmates. Prior to this public hearing a considerable number of inmates of the Prison and of paroled and discharged prisoners had been inter- viewed. As a result of these investigations the Commission, after making allowance for the credibility of witnesses of the character and type examined, became convinced that the system of discipline in the State Prison was marred by the presence, among the officials, of men who had, in the course of their service, become so hardened in temper and routine as to be practically unfitted to exercise authority over the men under their charge. On June 12, 1917, Mr. William B. Dickson, the Chairman of the Commission, who had recently been appointed a member of Preliminary Investigations and Report. 5 the Board of Prison Inspectors, preferred charges in writing to said Board against four of the deputy keepers implicated in the transactions elicited by the investigation above referred to, on the grounds of abuse of authority and unnecessary resort to the use of extreme physical violence on inmates under their authority, and recommended that they be discharged from the service. The Board of Prison Inspectors declined to take action on these charges and Mr. Dickson thereupon resigned from the Board. On June 9, 191 7, an inmate of the Prison, Frank Casale, died at the State Hospital for the Insane, nine days after he had been disciplined for misconduct at the Prison, in the course of which he had been beaten by underkeepers with clubs and black- jacks and seriously injured. This occurrence was formally brought to the attention of the Commission in a communication of the Citizens Union of New Jersey bearing date June 25, 19 17. The Commission forthwith transmitted the same to the Gov- ernor with the recommendation that this particular case, coming so soon after the sensational charges previously investi- gated by the Commission, should be investigated and dealt with by the Public Prosecutor of Mercer County in which the alleged criminal misconduct had been committed. The Governor, as requested, transmitted the complaints to the Public Prosecutor, who laid them before the Grand Jury of Mercer County. After a prolonged investigation the Grand Jury, in a return made on September 10, 1917, reported that no sufficient evidence had been presented against any of the accused officials to warrant an indictment. The substance of the Grand Jury's finding was that the accused underkeepers had used no more force than was neces- sary in self-defense. That this action of the Grand Jury did not in any way affect the duty or responsibility of this Commission was clearly indi- cated by Governor Edge in a statement which he gave to the press on the following day, in which he said : 6 Report of Prison Inquiry Commission. "I have read the findings of the Mercer County Grand Jury, called at my request for the purpose of investigating crimes alleged to have been committed in the Trenton State Prison. That specific charges against certain officials were not sustained does not indicate that our prison system is not in need of reformation. The Grand Jury distinctly finds the contrary, saying: 'We recognize the fact that there is considerable room for improvement in prison methods,' and it properly adds that this is not a part of its duty, but is at present in the hands of a Commission appointed by me under the authority of the Legislature. It is this larger constructive task that the Legislature had in mind when it created the Prison Inquiry Commission." In the principle laid down in the foregoing statement the Com- mission heartily concurs. While the Commission felt that it was its duty to investigate, and to hear in public, any charges of cruel and inhuman treatment on the part of keepers of the Prison, it was, nevertheless, of the opinion that the object of such investigation was not to prosecute the accused officials, for which it had neither the authority nor the requisite facilities, but rather to ascertain whether such conditions as were alleged did or did not exist in the Prison, and, if they did, to devise and recommend measures for rendering them impossible in the future. With this conception of its duty, the Commission, as stated above, reported the facts disclosed by its investigations to the proper authorities and proceeded with the constructive task which had been committed to it. From the outset the Commission considered that the specific duties devolved upon it were: ( i ) To seek by every means in its power to improve the present condition of the State Prison, for which it was given specific authority in the acts of the last Legislature making certain appropriations for improvements in the Prison and specifying that these should be expended only with the approval of the chairman of the Commission; Duties of Commission Defined. 7 (2) To make a careful study of the penal system of the state with the view of recommending to the Legislature such changes in the laws as the Commission should deem necessary to effect the desired constructive reform. In pursuance of the first of these aims, the Commission, after a further investigation of the State Prison, on August 2, 1917, held a joint conference with the Governor, the Board of Prison Inspectors and the Principal Keeper, and submitted certain specific recommendations for immediate action. The most important of these were (1) that the physical and mental examination of the inmates of the prison, authorized by the last Legislature, be instituted without delay and the work entrusted to Dr. Harry A. Cotton, Director of the State Hospital for the Insane at Trenton, and (2) that the Principal Keeper of the State Prison proceed at once to lay out and submit to the Inspectors a plan for a classification of the inmates as a basis for a new system of discipline, in which good conduct should' be stimulated by the offer of rewards and privileges and misconduct punished by the loss of those benefits. These recommendations were unanimously adopted by the Inspectors and Principal Keeper. In order to aid the prison authorities in effecting these reforms and for the purpose of supervising the expenditure of the moneys appropriated by the last Legislature for making immediate improvements, the Commission deputed Dr. George W. Kirchwey, to visit the prison and, by his counsel and interest, to stimulate the progress of the reform movement within the prison. In these efforts Dr. Kirchwey had the cordial co-operation of the prison authorities and it is safe to say that the gratifying results reported in the part of this report which deals with the management of the State Prison are entirely due to this co-operation. In addition to these investigations and other proceedings of a public character, the Commission has conducted a series of careful investigations into the history, organization and manage- ment of the penal and correctional system of the State, the 8 Report of Prison Inquiry Commission. results of which will appear in the following pages of this report and in the various exhibits attached hereto. The most im- portant of these investigations were the following: 1. A history of the penal, reformatory and correctional institutions of the State from the earliest period to the present time, prepared by Harry E. Barnes of Columbia University. 2. A detailed study of the five State institutions, their loca- tion, physical equipment and management — to-wit: the State Prison, with the State Farm at Leesburg and the four road camps ; the State Reformatory at Rahway, with the farm at Annandale; the Reformatory for Women at Clinton ; the State Home for Boys at Jamesburg, and the State Home for Girls at Trenton. In the course of this investigation members of the Commission have per- sonally visited all the institutions, and have conferred with the administrative heads, with leading members of the boards of control and with many of the inmates and subordinate officials. In this inquiry the Commission has been assisted by Dr. George W. Kirchwey of New York, and by other experienced and qualified persons. 3. A study of the laws governing the several institutions and of the penal and correctional system of the State in gen- eral, as well as of the laws prescribing commitments to the several institutions. This has been the work mainly of Nelson B. Gaskill, Esq., the Counsel of the Commission. 4. An inquiry into the pardon and parole system of the State, comprehending the laws governing the same and the oper- ation of the system in practice, by the Bureau of Municipal Research of New York, aided by Judge Harry V. Osborne of Newark. 5. A study of the Juvenile Court System of the State and of the practice of the judges in making commitments of juvenile offenders to the States Homes for Boys and Girls, Report of Results of Investigation. g and, collaterally thereto, an investigation of the powers and practice of the State Board of Children's Guardians. 6. An investigation, by Mr. Paul Kennaday, of the problem of prison labor in New Jersey, with special reference to the present state and future operation of the State Use System and of the employment of inmates in farm and road work. 7. An investigation of the jails, workhouses and county penitentiaries of the State by Mr. Philip Klein, Assistant Secretary and special investigator of the Prison Asso- ciation of New York. 8. A study of systems of administration of correctional institutions in the United States based on official re- ports and investigations of experts, including, among others : (a) Report of Frederick H. Wines to the State Charities Aid Association of New Jersey, 1903. (b) Report of Professor James W. Garner, of the Uni- versity of Illinois, to the Efficiency and Economy Commission of the State of Illinois, 1914. (c) Report of the Economy and Efficiency Commis- sion of the State of Massachusetts, 1914. (d) Report of H. C. Wright of the State Charities Aid Association of New York, 1913. (e) Report of Timothy Nicholson of the Indiana Board of State Charities, 1916. 9. A study of tendencies (a), in penal legislation and (b) in prison administration in the United States, made by the New York Prison Association. 10. A description of the prison system in the Philippines by Hon. Newton W. Gilbert, former Lieutenant Governor of the Philippine Islands. io Report of Prison Inquiry Commission. These formal investigations have at all stages of the inquiry been supplemented by frequent conferences with the Governor and with other State officials, particularly with representatives of the Prison Labor Commission and of the State Board of Children's Guardians, with the Commissioner of Charities and Corrections, with the Medical Director of the State Hospital for the Insane at Trenton, with officers and other representatives of the State Conference of Chari- ties and Corrections, and of the State Charities Aid and Prison Reform Association, as well as with many other per- sons in this and other states whose knowledge and counsel were sought by the Commission. The penal, correctional and reformatory institutions of the State are only a part of the system of criminal administra- tion — the policy and methods of the warfare against crime — which the State has developed. They cannot therefore be studied nor can remedies for their defects wisely be pro- posed without some consideration of the purposes which they are intended to serve. The policy of the State with reference to criminal wrong-doing as expressed in its penal legislation must be reviewed and the soundness of that policy, tested by the principles of modern penological science, must be considered. For these reasons it has seemed desirable to set forth, not only the facts and conclusions derived from an investi- gation of the State institutions to which offenders are com- mitted for punishment, but also to call attention to the things for which punishment is imposed, the legal machinery by which it is determined that offenders shall be punished, the disposition made of them while awaiting punishment, the practice governing the courts in fixing the mode, the term and the place of punishment, and, finally, the care or supervision which the State exercises over the offender after his punishment has been completed. Report of Results of Investigation. n Moreover, as a very large proportion of those convicted of criminal wrong-doing are punished by being committed to institutions which are solely under the jurisdiction of the counties of the State, the Commission has felt that its investiga- tion of penal conditions would not be complete without some consideration of the jails, workhouses and county penitentiaries. The present is only the latest of a long series of investiga- tions to which the penal system of the State has been subjected by legislative authority, A reading of the reports of previous investigating commissions gives the impression that none of these investigating bodies laid any stress on the fact that almost the identical conditions investigated by them had been officially studied and reported upon by a prior investigating body. It is from a sense of the importance of past experience as an indispensable aid to the interpretation of present conditions, and also in obedience to the mandate of the Legislature to report the results of its research, that the Commission has thought it well to lay before the Governor and Legislature a detailed history of the penal system of the State, covering not only the actual experience of the Legislature, the courts and the correctional administration in dealing with the problem of crime, but also the efforts that have been made from time to time, officially and otherwise, to reform the admitted defects of the system. This history appears as volume two of this report. With the foregoing considerations in mind, the Commission has divided its report into the following headings : A — Policy of the State with Reference to Crime; B — Jurisdiction and Procedure of the Criminal Courts; C — Places of Detention not Directly Controlled by the State; D — State Correctional Institutions; E — The Labor Problem in the Correctional Institutions; F — Pardon and Parole; G — Administration of the Correctional System; H — Conclusions and Recommendations. 12 Report of Prison Inquiry Commission. A. Policy of the State with Reference to Crime. The earlier penal codes of New Jersey reflected the crude and harsh conceptions of the time regarding crime and its punishment. Except during the brief period of Quaker ascend- ancy in West Jersey (1675-1703) and for a shorter time in East Jersey, when a milder and more enlightened system was put into effect, crimes were many and punishments drastic. Twelve offenses, ranging from murder to witchcraft and con- spiracy, were punishable by death. Branding on the hand or forehead was the penalty for burglary or robbery, and corporal punishment, banishment, the stocks and heavy fines were the punishments prescribed for most other offenses. Malefactors being thus summarily dealt with, there was no need of prisons except for debtors and as places of detention for those awaiting trial. It is to the Quaker influence that we owe the relatively humane method of punishment of offenders by imprisonment at hard labor. They took over the workhouse, employed in Europe for the repression of beggars and vagrants, and made it the basis of their penal system, substituting imprisonment for most of the more cruel punishments provided by the Puritan codes of the time. By 1796, when the first criminal code of the State of New Jersey was enacted, imprisonment at hard labor had become the usual method of punishment, the terms prescribed rang- ing from. 21 years for the crime of sodomy to six months for "personating Jesus Christ", though the death penalty was still exacted for treason, murder and petit treason and for the second offense of manslaughter, sodomy, rape, arson, burglary, robbery and forgery. It was this general substi- tution of imprisonment for other and more summary methods of punishment that called for the building of a State Prison (i797"i799)> one of the first to be erected in the United States. It required another half century to eliminate from the penal code of the State the practice of inflicting the death penalty on offenders guilty of a second Policy of the State with Reference to Crime. 13 offense of crimes ordinarily punishable by imprisonment. By the revised Code of 1846, the death penalty for a second conviction of any of the major crimes, which had been pre- scribed in the Codes of 1796 and 1829, was commuted to a sentence of imprisonment for not to exceed double the period of imprisonment exacted for the first offense. When, in 1916, the death penalty was left to be applied only to the rare case of high treason and to those exceptional cases of murder in the first degree where the trial jury deemed the alternative penalty of life-imprisonment an inadequate punishment for a peculiarly atrocious crime of this sort, the process of substituting imprisonment for the severer penal- ties of an earlier day was practically complete. As thus outlined, the penal history of the State has fol- lowed the traditional lines. It was only when the notion that criminals were not all equally incorrigible, but that some of them might be converted from the error of their ways, found its way into the criminal law that a new era of penal reform was inaugurated. It is to this new conception, which is still imperfectly apprehended, that we owe such provisions as the statutory distinction between first and second offenders and the more modern provisions of the suspended sentence, the placing of certain first offenders on probation, the in- determinate sentence and the reduction of sentences by good conduct in confinement. As early as 1833 the Joint Committee of the Legislature on the erection of a new State Prison insisted upon the urgent necessity of providing a better system of prison dis- cipline and expressed the conviction that the real object of punishment was the prevention of crime and that this was to be achieved by deterrence and reformation rather than by cruel punishment. The plan recommended to secure these ends was the adoption of the so-called "Pennsylvania System" of solitary confinement, and the reformatory pur- pose of the new system, which was put into effect by an act passed February 13, 1833, was clearly set forth in a con- 14 Report of Prison Inquiry Commission. g'ratulatory paragraph of Governor Vroom's message of October 29, 1834, as follows: "The plan of solitary confinement, with labor, adopted by the State, is gaining friends among those who have devoted much attention to the subject. It is peculiarly fitted for that profitable meditation which tends to reform the unfortunate convict, reclaim him from vice and finally restore him to the bosom of society. This is the blessed end we have principally in view; and if it shall be attained in any good degree, our best hopes will be realized." As the History appended to this Report, clearly shows, the experiment on which such transcendent hopes were based proved a tragic failure, but the new emphasis on reformation of the criminal as an important object of the punishment imposed on him did not grow less. In 1852 the recently organ- ized New Jersey Prison Reform Association, of which Daniel Haines was President and ex-Governor Vroom, Vice-President, memorialized the Legislature on the great need for a House of Refuge for juvenile offenders in order that these might be removed from the unsuitable environment and improper asso- ciations of the State Prison and be provided with special opportunities for reformation. At the same time the Board of Prison Inspectors then, as now, the governing body of the institution, in its reports of 1852 and 1853, urged that minors and first termers should no longer be committed to the State Prison, which had no adequate provision for their reformation and education, but should rather be confined in the county jails and workhouses. These efforts bore no fruit until 1864, when they enlisted the vigorous support of Governor Joel Parker, who secured the passage of the act of April 6, 1865, to "Estab- lish and Organize the State Reform School for Juvenile Offenders," now known as the State Home for Boys at James- burg. A similar institution for girls, was created under the name of the "State Industrial School for Girls," now known as the State Home for Girls, at Trenton, pursuant to an act of the Legislature passed April 4, 1871. Policy of the State with Reference to Crime. 15 It required 24 years more of agitation to bring about the further differentiation in the treatment of offenders which was involved in the establishment of the State Reformatory at Rahway, authorized by the act of March 28, 1895, and not until 19 10 was this phase of development completed by the institution of the Reformatory for Women at Clinton Farms. That the newer conception of the reformatory purpose of punishment, even as regards the average prison population, was making its way in official circles is significantly shown by the enactment by the Legislature of a series of remedial statutes, beginning with the act of April 14, 1868, providing for the commutation of sentence by good behavior and faithful dis- charge of duty. This act made it possible for the convict to reduce his period of imprisonment by five days in each month. On May 13, 1889, a more sweeping measure of clemency was enacted as a part of the first parole law of the State. This pro- vided that all first termers, except those convicted of one of the seven major crimes — murder, manslaughter, sodomy, rape, arson, burglary and robbery — should become eligible to parole, on the recommendation of the Prison authorities, after serving half the terms for which they had been sentenced. The Attorney Gen- eral, however, questioned the constitutionality of this act, and accordingly, April 16, 1891, another act was passed, vesting in the Court of Pardons — then, as now, composed of the Governor, the Chancellor and the lay judges of the Court of Appeals, and which had theretofore been confined to the exercise of the pardoning power only — the authority to set any qualified con- victs at large under such conditions as the Court might see fit to impose. This act created a new parol authority in addition to that claimed and exercised since 1898 by the Prison authorities. The parole power was enlarged by an act of April 12, 19 12, which provided that any inmate of the Prison who had not previously been convicted of felony should become eligible to parole after serving two-thirds of the term for which he had been sentenced. Prisoners held under a life sentence were given 1 6 Report of Prison Inquiry Commission. the benefit of the act by a clause making 25 years the computed one-half of such a sentence. A later enactment, approved April 15, 19 14, extended this clemency to convicts who had served one-third of the fixed sentence imposed and, in the case of per- sons confined under a life-sentence, after serving 15 years. The revision of the Penal Code of the State in 1898 pro- vided for the reduction of all crimes, except treason, murder, manslaughter and arson, to the two fundamental categories of misdemeanors and high misdemeanors, and prescribed penalties which, in many cases, were substantially less than those pre- viously exacted. The limit prescribed for a misdemeanor was a fine of $1,000., or three years' imprisonment, or both; for a high misdemeanor, with a few exceptions, a fine of $2,000., or seven years' imprisonment, or both. The opposition excited by the traditional mode of inflicting the death penalty by hanging, led in 1906 to the enactment of a law substituting the method of electrocution, which had pre- viously been adopted in New York and several other States on the presumed ground that it was more humane and less obnoxious to public sentiment. The same bill, enacted April 4, 1906, transferred the authority and duty of inflicting the death penalty from the sheriffs of the several counties to the Principal Keeper of the State Prison. Probation and the suspended sentence made their first appearance in New Jersey, April 2, 1906, when three acts were passed authorizing courts and magistrates before whom any person should be convicted of a criminal offense, instead of imposing the penalty provided by law for such crime, to suspend sentence on the person so convicted and order him to be released on probation for such time and under such conditions as the court or magistrate should determine, and authorizing the judge of the Court of Quarter Sessions in each county to appoint a probation officer to exercise supervision over the convicts in such county who should be so released. Policy of the State with Reference to Crime. 17 After many years of agitation for the indeterminate sen- tence, which had long been urged by prison reformers in this and other states as affording a means for detaining con- victs in confinement until, and only until, such time as they should have demonstrated their fitness to be returned to society, the Legislature, on April 21, 191 1, enacted the form of such law that has generally been adopted in this country, providing for a maximum and minimum term to be imposed on all persons sentenced ito confinement in the State Prison. The act provided that the maximum should be the limit of imprisonment provided by the act of 1898, previously referred to, and the minimum not less than a year nor more than one-half of the maximum term, the minimum of a life- sentence being fixed at 25 years; and it was further pro- vided that, if deemed worthy to be set at large, prisoners who had served their minimum term should be released on parole by the Board of Inspectors. A subsequent act, approved April. 15, 1914, enlarged the range of judicial dis- cretion by fixing the minimum in general at from one year to two-thirds of the maximum term, but, in the case of per- sons whose sentence of death had been commuted to life imprisonment, reduced the minimum from 25 to 15 years. While the halting and imperfect application of the inde- terminate sentence, which this legislation embodies, has proved disappointing to the ardent advocates of the prin- ciple, it is fairly abreast of the legislation of other progressive states as applied to convicts sentenced to an institution which is primarily penal, rather than reformatory, in char- acter. But here, as elsewhere, the principle has been more liberally applied to persons committed to more purely reformatory institutions. The law governing commitments to the State Home for Boys at Jamesburg (March 22, 1900) prescribes no term of imprisonment, providing, merely, that the trustees of the institution may hold the boy committed until he attains the age of 21 or may, in their discretion, at any time discharge him as reformed or parole him. A 1 8 Report of Prison Inquiry Commission. similar rule governs commitments to the State Home for Girls at Trenton (March 23, 1900). Commitments to the State Reformatory at Rahway and to the State Reformatory for Women at Clinton Farms are for an indeterminate period extending to the maximum limit prescribed by law for the crime of which the offender was convicted. The governing boards of both institutions may in their discretion parole an inmate at any time prior to the expiration of such maximum period. There is no surer index of the progress of a community in civilization than the treatment which it accords to its dependent and delinquent children. In her dealings with the former class New Jersey holds an honorable place, due mainly to the institution and management of her admirable State Board of Children's Guardians, created by act of the Legislature, March 24, 1899. But, notwithstanding recent remedial legislation of a praiseworthy character, the delinquent children of the State are still criminals, triable by criminal process, and subject to punishment by imprisonment, with adult criminals, in the ordinary penal institutions. It is true that special institutions have been provided (the State Home for Boys, at Jamesburg, and the State Home for Girls, at Tren- ton) to which child offenders between the ages of 8 and 16, in the case of boys, or of 9 and 18, in the case of girls, may be committed, but they may, if guilty of crime, in the discretion of the court, be sentenced to imprisonment in a jail, penitentiary or the State Prison; and, if convicted of murder or man- slaughter, the punishment of a child over the age of seven takes the same course as that of an adult guilty of a similar offense. As far back as 1845, a public-spirited woman, Dorothea L,. Dix, stirred the public conscience by her appalling disclosures as to the size and the deplorable state of the insane and idiotic population of the State, and secured the passage of the act of 1848 providing for the establishment of the State Hospital for the Insane, at Trenton, and for the transfer to that institution of the insane inmates of the State Prison and of the county jails and Policy of the State with Reference to Crime. 19 workhouses. But here the movement halted and many years were to elapse before the next inevitable step was taken. It was not until March 29, 19 10, that the act of 1848 was made really effec- tive by a law providing, by a somewhat cumbrous procedure, for the continuous transfer of insane inmates to the State Asylum. Similar provisions have been enacted for the transfer to the Asylum of insane inmates of the State Reformatory at Rahway and of the State Reformatory for Women at Clinton Farms. A sweeping measure of April 20, 1914, providing for the transfer of epileptics from various institutions to the State Village for Epileptics, and of the insane to a county asylum or to either of the State Hospitals for the Insane, was drawn so as to include the inmates of the State Home for Boys and the State Home for Girls, and the latter were also included in a provision for the transfer of feeble-minded inmates to the Home for Feeble- minded Women at Vineland, but none of the provisions of this law were made applicable to the State Prison or to either of the Reformatories. Accordingly, as the law now stands, insane inmates of any of the State penal and correctional institutions may, though with considerable difficulty, be transferred to the State Hospital for the Insane or, in some cases, to a county asylum ; epileptics in the Jamesburg and Trenton Homes may be transferred to the State Village for Epileptics, and feeble- minded girls in the Trenton Home may be put under suitable care at Vineland; but feeble-minded boys must still add to the weakness and degeneracy of the Home at Jamesburg, and epileptics and feeble-minded alike must seek, however vainly, to adjust themselves to the exacting conditions of the discipline of the State Prison and the two Reformatories. This summary of the penal legislation of the State would not be complete without some reference to the present state of our knowledge regarding crime, its causation and treatment. Recent studies in the personal and social history and the mental and physical condition of the inmates of prisons and reformatories have furnished a new basis for the understanding and classification of the criminal elements of our population. As 20 Report of Prison Inquiry Commission. an illustration of new facts so disclosed, the conclusions announced by Dr. Bernard Glueck, the eminent psychiatrist of Sing Sing Prison in the State of New York, as the result of his study of the population of that institution, may be cited; namely, that nearly 6'o per cent, of the men committed to the prison are clearly abnormal — 29.1 per cent, being imbecile, 18.9 per cent, psychopathic and 12 per cent, insane. It can hardly be denied — as is asserted by the experts to whom we owe these conclusions — that such a defective element is harmed rather than benefited by much of the discipline that the ordinary prison or reformatory can supply, and that its members require a spe- cialized treatment adapted to their several needs, such as can be furnished only in hospitals for the insane and homes for the epileptic and feeble-minded. New Jersey is well equipped with such institutions. What remains is to make them available for that part of our defective population that is classed as criminal or delinquent. B. Jurisdiction and Procedure of the Criminal Courts. The ordinary criminal court system of New Jersey, compre- hending the Supreme Court, the Court of Oyer and Terminer, the Court of Quarter Sessions, the Court of Special Sessions and the Courts for the trial of Juvenile Offenders, can best be understood when it is realized that most of these courts are merely different functions of two independent but interlocking tribunals and that they are all administered by judges drawn from these two groups, acting separately or in combination. The two tribunals which exercise these varied functions are the Supreme Court of Judicature, commonly known simply as the Supreme Court, which consists of a chief justice and eight asso- ciate justices, and which exercises jurisdiction throughout the State, and the Court of Common Pleas, consisting of a judge in and for each of the counties of the State. Both these courts have a wide, general jurisdiction, civil as well as criminal, but it is only in the exercise of the latter that they assume the Jurisdiction and Proceedings of the Criminal Courts. 21 various forms which find expression in the criminal courts above enumerated. Sitting alone, the Supreme Court exercises only an appellate jurisdiction in criminal cases, except in the rare case of treason against the State of New Jersey, in which it exercises original jurisdiction. But it is the justices of the Supreme Court, alone or in conjunction with the judges of the Court of Common Pleas, or the Common Pleas judges alone, who constitute and hold all the courts having a general criminal jurisdiction. Thus the Court of Oyer and Terminer is regularly held by a justice of the Supreme Court, with or without the assistance, as may be more convenient, of the judge of the Court of Common Pleas of the country in which there is criminal business to be done, though, in counties having 300,000 inhabitants, the judge of the Court of Common Pleas may, in the absence of the justice of the Supreme Court, hold such Court of Oyer and Terminer alone. The Court of Quarter Sessions is held by a Common Pleas judge sitting alone, but with a jury to try the facts. The Court of Special Sessions is similarly held by a Common Pleas judge, sitting without a jury. The Juvenile Courts are, except in counties of the first class (Hudson and Essex), also held by the resident judges of the Court of Common Pleas. The jurisdiction of all these courts is the same, i. e., extends to the same class of cases, except that only the Supreme Court and the Court of Oyer and Terminer can try cases of treason or murder, and that cases of manslaughter cannot be tried in the Juvenile Courts. In practice, to avoid duplication of jurisdiction, the Supreme Court tries no criminal cases but treason and the Court of Oyer and Terminer none except- ing murder, leaving all other indictable crimes to be dis- posed of by the Courts of Sessions, with or without a jury, and by the Juvenile Courts. In Hudson and Essex counties special Juvenile Courts, held by specially appointed judges, have been instituted. The jurisdiction of all Juvenile Courts, or- dinary and special, is peculiar in this respect that, while nearly co-extensive with that of the Courts of Sessions, it reaches down 22 Report of Prison Inquiry Commission. into the jurisdiction of the inferior courts, like those held by justices of the peace, police magistrates and recorders of certain cities, which deal with petty offenses, such as disorderly conduct, vagrancy and the like. All of these courts, with the exception of the Juvenile Courts, go back to the beginnings of New Jersey history, the Supreme Court having been instituted by an ordinance of Lord Corn- bury, the first governor of the United Province of New Jersey, in 1704, and the Court of Oyer and Terminer by an act of the Council of West Jersey in 1693; while the Court of Quarter Sessions (of which, as has been noted, the Court of Special Sessions is really a part, rather than a distinct court) was recognized as already in existence in the ordinance of Lord Cornbury above referred to. Moreover, the procedure of all these courts is substantially identical, excepting that, where a juvenile offender, i. e., one from 8 to 16 years of age, is charged with an offense less than murder or manslaughter, a somewhat simplified procedure has been adopted. In all of them, with the exception just noted, the formal charge is submitted in the form of an indictment or pre- sentment by the grand jury, following a preliminary hearing by a police or other magistrate, and the trial of the charge is con- ducted in open court, with the prosecuting attorney of the county representing the State and a paid or assigned counsel representing the accused. The verdict of guilty or not guilty is found by the jury, unless the accused has elected to be tried without a jury (in Special Sessions or, being a juvenile delinquent, in the Juvenile Court), in which case the judge decides the question of his guilt or innocence. In case a boy or girl over seven years of age is accused of murder or manslaughter, the case takes the usual course (indictment by the grand jury, trial in open court by jury, etc.) just as though he or she had been an adult accused of the same crime. The range of judicial discretion in determining punish- ments has been greatly enlarged in recent years. The judge may now, after a verdict of guilty has been rendered, make any one Jurisdiction and Proceedings of the Criminal Courts. 23 of the following dispositions of the case: he may, in excep- tional cases, suspend sentence and set the offender free to resume his normal life, without let or hindrance, subject, however, to be recalled at any time and given such sentence as the judge may see fit to impose within the statutory limits; or he may release the offender on probation, under the supervision of the probation officer of the county; or he may, within certain defined limits, sentence him to an inde- terminate term of imprisonment in the State Prison, or, if he is a first offender under 30 years of age, in the Reformatory, or, if he is a juvenile delinquent, in the State Home. If committed to any of these institutions, the actual term of the offender's detention will be fixed by the board of managers of the institu- tion or by the Court of Pardons, unless the judge who sentenced him should, before he is otherwise released, exercise the power to recall him and, by imposing a new and shorter sentence, effect his release. But the judicial discretion is not exhausted by the three alternatives above set forth. Instead of sending the offender to one of the State institutions, the judge may, in his dis- cretion, if the proposed sentence does not exceed six months, commit him to the county jail, or, if the sentence does not exceed 18 months, to the county penitentiary or work- house, where such institutions have been established; and this is as true of youthful offenders who are eligible for the Reformatory and delinquent children eligible for the State Home as of older offenders whose only alternative is the State Prison. Likewise the judge may, if he sees fit, com- mit to the State Prison youthful offenders and delinquent children convicted of prison offenses instead of to the insti- tutions specially set apart for them. Thus far the consideration of the criminal jurisdiction has dealt only with what are sometimes called the superior criminal courts. But there are, in addition to these, in all coun- ties inferior courts — courts of justices of the peace, and, in many municipalities, recorder's and police courts — which, besides their 24 Report of Prison Inquiry Commission. function of holding a preliminary examination of all charges of crime, have also the power to try petty offenders and to commit them, adults and children alike, for short terms of imprisonment to the county jails and work-houses. As has been stated above, the courts of Quarter Sessions and Special Sessions may, after conviction, release the offender on probation instead of imposing the penalty of imprisonment. Release on probation depends entirely on the impression made upon the mind of the judge, by the reputation of the offender and his past record, and lies wholly within the discretion of the judge. At the time of release on probation the court fixes the probationary term, which may be just as long or as short as the court sees fit to make it. The number of probation officers in the several counties varies. In any county of the first class there may be one probation officer and as many assistant probation officers as may be needed, not exceeding five, in addi- tion to those already authorized by law, two or more of whom may be women. In any county of the second class there may be one probation officer and not more than three assistants, one of whom may be a woman; while in other counties there is but one probation officer. The rules and regulations governing probation are established by the Court of Quarter Sessions, and in general they provide for periodic reports in person, some- times by letter, and make certain requirements as to employ- ment and for the payment of fines or costs. The probation officers are supposed to supervise and observe the conduct of the probationer and assist him in his reformation. For viola- tion of the terms of probation or return to criminal practices, the probationer may be rearrested, the probation revoked and he be sentenced in the same manner and to the same extent as though no order of probation had been made. In the case of juvenile delinquents the court may, in its discretion, place the youthful offender on probation in the custody of his parents or guardian, and, where the home is a good one and the offender is still controllable/ it is the practice of judges of the juvenile courts to make this disposition. Places of Detention not Directly Controlled by the State. 25 The organization and procedure of the criminal courts of New Jersey, while not entirely free from the inherited defects characteristic of American criminal procedure in general, enjoy an exceptional reputation as compared with those of her sister commonwealths. "Jersey justice" has become a synonym for a clean, impartial and speedy administration of criminal justice. But with the advance of science and of humanitarian sentiment, new conceptions of delinquency and of criminal responsibility arise and these, from time to time, call for corresponding changes in judicial organization and procedure. The reformatory element in punishment, recognized by the Legislature in the case of commitments of delinquents for indefinite terms to the reformatories for men and women and the State Homes for boys and girls — limited, in the case of the reformatories, only by the maximum period of imprisonment prescribed by law, and, in the case of the State Homes, to the attainment by the inmates of the age of 21 years — still finds inadequate expression in the fixed term imposed on persons committed to the county penitentiaries and in the maximum and minimum form of sentence under which convicts are committed to the State Prison. It is the opinion of the Commission that the form of indeterminate sentence employed in commitments to the reformatories might well be extended to all adults convicted of crime in the State of New Jersey, with the exception of those convicted of murder. But the Commission does not believe that a change of this importance, affecting the sentencing power of the courts, should be proposed without full consultation with the judges experienced in the administration of the criminal law, and it refrains, therefore, from making any recommendation on the subject. C. Places op Detention Not Directly Controlled by the State. The county and municipal jails are an integral part of the correctional system of the State. Not only are all persons, with 26 Report of Prison Inquiry Commission. insignificant exceptions, who ultimately find their way to the State institutions, previously lodged in these local places of detention, but more than one-half of the total number of persons committed to imprisonment for crime in the State serve their terms in the jails and other county institutions. Our county jails are the oldest of our penal institutions. Though instituted primarily for the purpose of keeping in custody vagrants, debtors, and persons awaiting trial on execu- tion, they were, almost from the first, also employed for the punishment of "fellons" and other malefactors. The first workhouse was provided for by an act of 1 748 which authorized the county of Middlesex to erect such an institution, but its purpose was rather to confine "disorderly or insubor- dinate slaves or servants upon application of their masters," than to inflict punishment upon criminals. The penal function of the workhouse was not clearly established till Hudson County erected its famous workhouse or penitentiary in 1869, followed by Essex County in 1873, and Mercer County in 1892. A municipal workhouse was provided by the city of Camden in 1913-14, and in 1916 bonds were issued by Middlesex County for the construction of a county workhouse. At the present time the three workhouses in actual operation contain a total delinquent population of nearly 700, about 100 of whom are women and girls, and over half of whom are persons eligible for commitment to the State Prison. The workhouses thus established and authorized came into existence partly to relieve the overcrowding of the jails and partly to satisfy the terms of sentences to imprisonment at hard labor which the county jails notoriously failed to supply. But the jails were, and still continue to be, notorious for many other defects than the failure to furnish adequate facili- ties for the employment of their inmates. The demoralizing idleness, injurious alike to health and character, the indiscrim- inate intermingling of all classes of prisoners, the general filthiness, the total lack of instruction in educational and re- ligious matters, have been repeatedly called to the attention of the Places of Detention not Directly Controlled by the State 27 public and the Legislature from the report of the Prison Dis- cipline Society in 1831 to the present time. That the county jails throughout the United States are the worst part of our penal system is asserted by all intelligent students. The record of our own jails, as disclosed in the History appended to this report, and in the statistics of the County Jails and Work- houses of New Jersey prepared for the Commission (attached hereto as Exhibit C), shows that New Jersey can claim no supe- riority over her sister states in this respect. In many counties the same conditions of idleness and overcrowding, of improper living conditions, of lack of proper medical care or of intellect- ual, moral, or religious instruction, of the indiscriminate inter- mingling of all classes of prisoners — the young and the old, the sane and the insane, the sound and the diseased, the decent and the depraved, hardened criminals and those innocent of wrong- doing — still persist. In October, 19 17, the jail population num- bered 1,368, of whom 139 were women, and 35 children under six- teen years of age. Of this number 555 were serving time for crim- inal offenses, ranging from disorderly conduct to grand larceny and other serious crimes, 682 were held as "court prisoners", to await the determination of their cases, and 39 as witnesses. During the year 19 16, several counties not reporting, the records show that 15,546 persons were committed to the jails, of whom 1,334 were women and 798 children under 16 years of age. Of this number 7,711 were committed for sentence, 6,342 were "court prisoners" and 286 held as witnesses. At the same time the three workhouses had 2,324 inmates, 290 of whom were women. The law requires that debtors and criminals shall not be confined together and that children under eighteen years of age and persons detained as witnesses shall be kept apart and separate from other prisoners. However, few of the jails have proper facilities for the segregation of inmates, except the elementary one of providing separate quarters for men and women, and these humane and decent provisions are frequently disregarded. 28 Report of Prison Inquiry Commission. It should be unnecessary to repeat the urgent recommenda- tions of the official investigating commissions of 1869 and 1878, reinforced year after year by the State Charities Aid Associa- tion and by numberless private citizens in this and other states (1) that all these county and municipal institutions should be put under some form of effective state supervision; (2) that the jails be entirely transformed into places of detention for the accused and for witnesses, and no longer be used as penal insti- tutions; and (3) that under no circumstances and on no pretext should children under sixteen years of age ever be committed to county or municipal institutions other than detention homes especially provided for their temporary custody. D. State Correctional Institutions. The penal, reformatory and correctional institutions of the State comprise the following: (1) The State Prison, at Trenton; (2) The State Home for Boys, at Jamesburg; (3) The State Home for Girls, at Trenton; (4 The State Reformatory (for men), at Rah way, and (5) The State Reformatory for Women at Clinton. As has been pointed out elsewhere in this Report, the State Prison was erected in 1797-99, as a result of the general sub- stitution of imprisonment for the more summary methods of dealing with the criminal element in the community and the demonstrated inadequacy of the jail and workhouse system, which had developed through the Colonial period, to deal with the problem. The four other institutions, less "penal" and more "reformatory" in purpose and character, came into being much later, under the influence, in large part, of growing humanitarian sentiment and in part of the dawning conception of the reform- ability of certain classes of youthful wrong-doers. Considered as a whole, the penal and reformatory system thus instituted, culminating in the establishment of the Clinton State Correctional Institutions. 29 Farms Reformatory, is fairly representative of current peno- logical conceptions and will bear favorable comparison with corresponding systems in other progressive states. But that it is still inadequate as a solution of the problem of dealing effectively with the wrong-doer is evident from the continued importance of the county jail as a penal institution and from the fact that it is necessary for the courts to make commitments to private religious and charitable institutions which have been established to take care of the delinquent wards of the state for whom our correctional system has failed to make proper provision. The administrative organization of the five State institu- tions under consideration has been of a uniform type, adopted for the State Prison at its creation and extended to the others as they were successively established, to-wit : a separate board of control, which determines the policy and directs the manage- ment of the institution. In all but the State Prison this board chooses the executive officer, fixes his salary, appoints or con- firms the appointment of all subordinate officials, and removes the superintendent at will or "for cause". Such was also the original basis of the administration of the State Prison, but it was repeatedly changed, either from political motives or in the hope of improving the management, until the revision of the constitution in 1875, when it was provided that the keeper should be ap- pointed by the Governor subject to confirmation by the Senate. The Board of Control of the State Prison, known from the first as the Board of Inspectors, has also suffered many fluctua- tions of authority and in the mode of appointment, but it is now, as at first, and like the boards controlling the other institu- tions, appointed by the Governor with the advice and consent of the Senate. 30 Report of Prison Inquiry Commission. i. The State Prison. (a) System of Administration. The administrative system of the State Prison, after long years of divided authority, has by recent legislation been unified and strengthened. The division of authority set in, in 1829, when the inspectors, who had, since the foundation of the prison in 1797, had the power of appointment and removal of the prin- cipal keeper, were deprived of that power by an act of the Legislature, vesting the appointment in the joint session of the Legislature. In 1844 the keeper and inspectors alike became constitutional officers, the new constitution of that year pro- viding for their election by the Legislature in joint session. The administrative difficulties were enhanced by the creation in 1869 of an independent supervisor of the State Prison, to be appointed by a board consisting of the Governor, the Chan- cellor, the Chief Justice and the Attorney General. The super- visor thereafter for 45 years controlled the prison industries. In 1875 the inspectors dropped out of the constitution but the keeper was retained, with the provision that he was thereafter to be appointed by the Governor, with the con- sent of the Senate. By the same clause his term of office was enlarged from one to five years. In the meantime the powers of the inspectors, which had been complete in the early history of the Prison, had waned, but were always sufficient to embarrass the administration of the keeper, while the executive authority was divided between the keeper and the supervisor of industries. In 1 9 14, for the first time in nearly a century, authority and responsibility were combined, in a sweeping act which restored to the inspectors the paramount authority which had been theirs in the beginning and subjected the entire administration to their control. The office of supervisor was abolished and a fiscal agent provided for in his stead, who was also to act under the authority of the inspectors. The inspectors were to be appointed by State Correctional Institutions. 31 the Governor for terms of six years and to receive a salary of $500. each, and their expenses. In order to guard against the intrusion of politics into the management of the Prison, the device was adopted of dividing the inspectorships equally between the two major political parties — an arrangement which dates back to the stage of political development when non-partisanship was understood to mean a fair division of the spoils. This device was only one of a series of attempts made by the Legislature to eliminate politics from the management of the correctional institutions of the State. It was the fluctuations of this policy that determined the shifting of the power of appointment of the Keeper from the inspectors to the Legisla- ture and then to the Governor ; of the supervisor from the Legis- lature to a non-partisan board consisting of the Governor, the Chancellor, the Chief Justice and the Attorney General, and then finally to the Governor alone, and of the inspectors from the Legislature to the Governor. All the way along — not only in the reports of legislative com- mittees and of investigating commissions like the present one but also in the messages of Governors to the Legislature — political influence was denounced as "the most dangerous and powerful enemy of efficient prison administration." The words quoted are from the message of Governor William A. Newell in i860, and his condemnation of the prevailing system was vigorously renewed by the inspectors of the prison in their report of 1865, by Governor Marcus M. Ward in his messages of 1868 and 1869, by the joint committee of the Legislature on the management of the State Prison in the same years, and by the Commission on Prison Discipline in 1869. The agita- tion for the elimination of politics from the management of the Prison has continued to the present day — how fruitlessly is shown by the fact, of which evidence is given in the history appended to this report, that every keeper of the Prison from 1873 to the present time, and every supervisor since 1885, with one doubtful exception, has been of the same political party as the appointing power and generally active in 2,2 Report of Prison Inquiry Commission. party politics, immediately prior to his appointment. The fact that a few of the incumbents of these offices have proved to be competent officials can hardly be regarded as a justification of the system, in view of the almost complete failure of the prison, either from the financial, the disciplinary or the reformatory points of view, to serve the ends for which it was established and maintained. (6) Condition of the Prison. The State Prison still occupies the site selected for it in 1797, when Jonathan Doan was commissioned by the Legislature to purchase from Peter Hunt a tract of six and one-half acres of land in the town of Lamberton as a site for a prison. Since that date Lamberton has been absorbed by the city of Trenton and the State Prison is bounded by four city streets and surrounded by an urban population. The original prison structure still stands and serves the State as an arsenal, the present prison, authorized in 1833 and opened in 1836, having grown up in a somewhat disjointed fashion beside it. The plan originally adopted for the present prison was that of a central building with radiating wings, to be added as they should be needed, and with individual cells, in conformity with the requirements of the so- called "Pennsylvania System" of solitary confinement which had been adopted by the Legislature in place of the congregate system of the old prison. New wings were, in fact, added from time to time to the original structure, but these were always too late and otherwise inadequate to keep pace with the growing popula- tion. The result has been a chronic condition of overcrowding, with the unavoidable results of the demoralization of discipline, character and industry, which continued from 1845, on ly nine years after the erection of the prison, when it had become necessary to confine two or three inmates in narrow cells in- tended for solitary confinement, until 1913, when the drafting of inmates for road and farm work relieved the congestion within the walls. Based, as it was, on the principle of solitary State Correctional Institutions. 33 confinement, the original plan of the prison made no provision for congregate life, and this plan has been adhered to notwith- standing the abandonment of the solitary system by the erection of workshops in i860. Consequently there has been no provi- sion of space for outdoor exercise and recreation, no common mess-hall and no adequate chapel or assembly room. In most other respects the prison plant is antiquated and in- adequate and, on its present site, incapable of being materially improved. Most of the cells — all that have been added since the building of the original structure — are of the inside cell-block type, which means that no sunlight can enter them. They are much too small for decent living, as well as dark and insanitary. The recent provision of water-closets in the con- fined space of these cells, while a vast improvement over the "bucket-system" which had prevailed from the origin of the prison, can hardly be regarded as either a decent or a sanitary solution of the problem. The cell-blocks and shops that have been erected since i860 have so crowded the prison yard that there is no room for further expansion nor for an adequate provision of out-door work and recreation. In short, the prison buildings and site, alike in their size and equipment, are wholly unsuited to the present needs either of the inmates or of the officers and are entirely inadequate for purposes of classi- fication, segregation and education, such as any modern prison should make provision for. The modern tendency in all progressive communities is to scrap the old prisons which date back to the early part of the last century and erect a new type of prison on a wide acreage of ground, with decent conditions of living and abundant oppor- tunities for work and necessary recreation in the open air. The neighboring states of New York, Pennsylvania and Connecticut are among those that have recently committed themselves with- out reserve to this policy. 34 Report of Prison Inquiry Commission. (c) Management of the Prison. The methods of prison management are, like the old building, for the most part an evil inheritance from the past. That the present Prison administration is making a determined effort to cope with the evils which the old system has devolved upon them does not affect the indictment of the system as a whole. Its characteristics have always been the same — in the State Prison at Trenton, as well as elsewhere: — a general attitude of severity toward all the inmates, without distinction as to ability, character, previous record or physical or mental condi- tion — all were convicts alike; a general indifference as to the food supplied or the conditions under which it was served and consumed, or as to the sanitary or other conditions under which the business of living must be carried on. The only method of dealing with insubordination or a breach of the rules, however arbitrary and technical these might be, was violent repression, with the dungeon or dark-cell at the end of the affray, with occasional trials of keepers, who utilized, and generally with success, the plea of self-defense. The disastrous effects of this system and its ineffectiveness to produce even the most elementary order and decency, with its inhuman cruelties and the consequent brutalizing of inmates and keepers alike, were repeatedly called to the attention of the Legislature by committees of that body and by investigating commissions, especially in the reports of the Committee of the General Assembly in 1830 and of the investigating commission of 1869. The Commission of 1869 reported that, in their opinion, many of the deaths in the State Prison, which had been attributed to natural causes, had in reality resulted from the cruel punish- ments inflicted. It is an interesting commentary on this type of prison discipline, that both these bodies expressed the opinion that it was the general system of prison management, rather than individual depravity, either on the part of the officials or the con- victs, which caused this resort to the cruel methods of punishment which they described. State Correctional Institutions. 35 It is doubtless true that such instances of deliberately brutal treatment were much more frequent a generation or two ago than they are now; but the spirit of the older discipline, which makes such occurrences possible and which excuses them as necessary incidents of prison conditions, has upon the whole remained unchanged. It is gratifying to be able to report that much of the im- provement in prison conditions during recent years has been due to the humane and enlightened initiative of the prison officials. Thus Keeper John H. Patterson, whose service extended from 1886 to 1896, abolished the humiliating cus- tom of sending out discharged convicts in coarse suits of uniform design, which made the ex-convict easily recog- nizable as such, while Keeper George O. Osborne (1902- 1912) did away with the prison stripes, the short hair-cut and the lock-step. But it was reserved for the present administration of the prison to take the first decisive steps toward the abandonment of the system of harsh and repres- sive discipline whose shocking results have been described above. Since the submission by this Commission of its pre- liminary report, Principal Keeper James H. Mulheron has initiated a new classification of the inmates of the Prison, based not on the doubtful test of past performance of the individual inmates, but on the response of the inmate body as a whole to> a new attitude of fair dealing, mutual understanding and cordial! co-operation on the part of the officials. This involves the; recognition of certain fundamental rights, as well as the; grant of privileges to the inmates, the privileges, which in- volve as large a measure of freedom as is feasible in the present prison, to be forfeited for a longer or shorter time by those who prove themselves unworthy of them, but to be enlarged for those who show zeal and capacity in pro- moting the general good. As a step toward the realization of this aim, the inmates, on the suggestion of the keeper, elected a standing com- 36 Report of Prison Inquiry Commission. mittee of ten of their number to present the grievances and views of the inmate body to the administration and, on the other hand, to act as a mediating body between the prison administration and the inmates. As a result of this co-operation the inmates have, since November 3, 1917, enjoyed the freedom of the prison yard, practically with- out official supervision, on Saturdays after working hours and all day on Sundays and holidays, and entertainments have been provided by the inmates for the prison officials as well as for their fellows. The conduct and bearing of the inmates under these novel and untried conditions has been such as to win the admiration and confidence of the most conservative members of the official body. It is only proper to add that, in instituting this new and better order, the Principal Keeper has had the cordial and intelligent support of the Board of Inspectors and of the leading members of his official staff. Other improvements effected during the present administra- tion of the Prison have, in general, followed the lines of the Commission's recommendations contained in its preliminary report, with certain other changes suggested by further study of the situation. These may be briefly summarized : 1. Food conditions have not yet been substantially improved. Further study of the problem has convinced the Commis- sion that without the construction of the contemplated dining hall, the appropriation for which did not become available until November 1, the dietary could be greatly improved and a reasonably satisfactory and nutritious diet supplied to the inmates in their cells by the provision of a competent institutional cook and of slight additions to the kitchen equipment, and by improved methods of serving the food. These changes are now under way and the Principal Keeper has secured the services of a trained dietician and food expert to direct the necessary improve- ments. In view of these considerations and of its convic- State Correctional Institutions. 37 tion that the Prison should at the earliest possible time be removed to a more suitable site, the Commission believes that it would be unwise to expend the sum of $30,000, appropriated by the last Legislature for the construc- tion of a dining hall and assembly room in wing 3 of the Prison. 2. The vacant ground adjoining the Principal Keeper's house has been converted into a field for physical exercise in the open air. The substitution of a substantial wire fence for the contemplated concrete wall has reduced the estimated expense of this improvement from $5,000 to $3,929.38, leaving the sum of $1,070.62 to be returned to the State treasury. 3. The physical and mental examination of the inmates of the Prison authorized by the last Legislature was entrusted to Dr. Henry A. Cotton of the State Hospital for the Insane at Trenton. The work was inaugurated on August 3, 191 7, and up to the close of the fiscal year of 1917, 172 inmates were examined, of whom 9 were found to be insane and were transferred to the State Hospital for the Insane at Trenton. Owing to the fact that Dr. Cotton was called into the national service soon after the work was started, this investigation has not made the anticipated progress. As a consequence of this, of the $5,000. appropriated by the last Legislature for the purpose of such examination, only $509.64 has been expended, leaving the sum of $4,490.36 to be returned to the State treasury. A suitable sum should be included in the next annual appropriation bill to carry on this work. 4. The regulations of the Prison with reference to quarantin- ing prisoners have been altered so as to provide for an hour's exercise in the open air for all quarantined inmates. 5. The lack of school rooms (only the chapel being available for the purpose) has delayed the institution of an ade- 38 Report of Prison Inquiry Commission. quate system of education. If it should be decided to abandon permanently the plan of reconstructing wing 3 for a mess-hall and assembly rooms, it is the intention of the Prison administration to provide space for one or two addi- tional school rooms. The State Board of Education has been invited to aid in formulating a plan in accordance with the previous recommendation of the Commission. In the meantime the sum of $1,500. appropriated for improving the school facilities is being judiciously expended for that purpose and the enrollment of pupils for the night classes has more than doubled since last year. 6. The number of men employed in road work and on the Farm at Leesburg has been increased. In 1916 there were in men in three road camps and 108 on the farm. In 1917 a fourth road camp was established and 163 men were employed in this form of labor, while the number on the farm had grown to 120. Additional equip- ment for the road camps has also been provided out of the sum of $1,500. appropriated by the last Legislature for that purpose. 7. The dungeons have been bricked up as recommended by the Commission, and the law as to the number of prisoners in a cell is being strictly observed. 8. The work of the prison administration in classifying and grading the inmates on the basis of their conduct, has been described above. 9. The covered way, authorized by the last Legislature to be built for the purpose of making the bath-house available for use at all seasons of the year, is under construction. In addition to the foregoing a large amount of much needed improvement has been effected in the ventilation, cleaning and painting of cells, in the reconstruction of the work-shops of the prison and of certain of the industrial shops. This, as well as State Correctional Institutions. 39 the reconstruction work accomplished in wing 3 of the Prison, has been done in a highly efficient way, entirely by prison labor and without expense to the State. (d) Labor conditions. Labor conditions in the Prison are still far from satisfactory; they would be intolerable but for the relief afforded by the road camps and the Prison Farm. These, by drawing off an average of 283 men, have made it possible to keep most of the inmates within the walls usefully employed either in the shops or in maintenance work and, what is almost as important, have made it possible to discontinue some of the contracts on which prisoners were employed at the beginning of the year. Pursuant to the policy of the State expressed in the legislative enactments of 1884, 191 1 and 1914, directing the abolition of the system of contract labor in the penal and correctional institutions of the State, and on the recommendation of the Commission, the Governor by due notice abrogated three of the six con- tracts under which inmates were still employed at the begin- ning of the year 19 17. The first to go was the Trenton Whisk Broom Co., which employed 52 men in the manufacture of various types of brooms. This came to an end June 30, 1917. On September 22, 1917, the two contracts of the Rancocas Mills, one for the manufacture of mats, and the other for making matting, together employing 80 men, were terminated in a similar manner. The inmates who had been employed on this work went to reinforce the three remaining contracts, which had been somewhat handicapped by reductions in their working force due to the reduced population of the prison and the drawing off of inmates for the road gangs. The three remaining contractors were allowed to continue for the time being, but without any impairment of the right of the State to terminate their contracts at any time. These are Oppenheim & Company, Incorporated, manufacturing pants and now employing 161 men; W. S. Rendell, making shoes and employing 109 men, and the Crescent 40 Report of Prison Inquiry Commission. Garment Company, manufacturing shirts and employing 124 men. In view of the fact that all the foregoing contracts date back to 1909 and that the contractors have therefore enjoyed the benefit of the great increase in selling prices during the eight years that have since elapsed, without in any way increasing the contract price paid by them for the products of their manufac- ture, it seemed to the Commission to be only proper that this advantage should in some way be shared with the State. As, under the law, it was not possible to make new contracts, the remaining contractors were induced, through negotia- tions carried on by the Governor and the Chairman of the Commission, to enter into an arrangement to make additional payments to the Principal Keeper, in excess of the amounts accruing to the State under the contracts, such payments to constitute a fund to be applied by the Principal Keeper and the Governor for the benefit of the inmates. Under this arrange- ment, Oppenheim & Co. are to pay a sum approximately equal to 75 per cent of the amount coming due under their contract and the two other contractors — W. S. Rendell and the Crescent Gar- ment Co. — 50 per cent and 33 1-3 per cent respectively of their contract prices. Based on the production of the year 1916, it is estimated that the total amount realized under this arrangement will be approximately $200. a month, over and above the sums paid to the State, as required by the contracts. It is expected that the fund so obtained will be employed by the Prison authorities to establish a rate of compensation for faithful and efficient work on the part of the inmates, and thus prove an important factor in the new system of cooperation and good-will which the Keeper has recently established. At the close of the fiscal year, October 31, 1917, the total population of the prison was 1,086, distributed as follows: 286 were engaged in outside activities; 321 were employed in the maintenance work of the institution, including the making and repairing of clothing and shoes for the inmates ; 97 were incapac- itated for serious labor or were undergoing punishment ; 24 were State Correctional Institutions. 4X occupied in the State use knitting shop and 358 were still employed in the contract industries. The decline in the population of the prison during the period of the war is significant. The figures given represent the num- ber in confinement at the close of the fiscal year, as follows : 1913, 1,506; 1914, 1,412; 1915, 1,354; 1916, 1,226, and 1917, 1,086. Of these, 65 per cent, were registered as native born and 35 per cent, as foreign born. 3. State Home for Boys. The New Jersey State Home for Boys is located on a large tract of agricultural land near the town of Jamesburg in Middle- sex County. The site is, upon the whole, an excellent one, having many natural advantages and being healthful and well- adapted to its purpose. The institution has from the first been constructed on the cottage plan and now consists of six single cottages and three large double cottages with a capacity of 550 inmates. As the inmate population already numbers 557 and is steadily increasing, it is apparent that another cottage is needed. The Home is managed by a Board of Trustees composed of six members, appointed by the Governor, subject to confirma- tion by the Senate. The Trustees appoint the Superintendent and subordinate officers, fix their salaries, prescribe their duties and remove them at will. Commitments are limited to boys from eight to sixteen years of age and the commitment operates till the jnmate attains the age of 21, unless sooner paroled or indentured by the Board of Trustees. According to the last annual report (1916) the popu- lation at that time included 102 boys under 12 years of age, of whom seven were only eight years old, 25 only nine and 27 only ten. The remainder ranged from thirteen to fifteen, there being only one boy over fifteen years of age. It is a significant fact that, of the 366 boys in the institution last year, 286, or 78 per cent, were "old" offenders, having previously done time or at 42 Report of Prison Inquiry Commission. least been "in trouble" with the police. How many of these had previously been committed to the Jamesburg Home, the statistics of the institution fail to show, but, from statements made by some of the officers and inmates, it would appear that a con- siderable number had previously experienced the Jamesburg discipline. With respect to what may be called the external, or material, aspects of its administration, the Jamesburg Home deserves little but commendation. The grounds and build- ings are well kept up and there is a general air of order and industry about the place. Reasonable care appears to be taken in assigning the inmates to tasks suited to their physical strength and capacity. But, as there is no adequate medical examination and no mental examination whatever of the inmates, many of them incur disgrace and punishment be- cause of their inability to perform properly the tasks assigned to them. The dietary is fairly adequate, as such things go in cor- rectional institutions, though there is no expert supervision to determine its nutritive quality. The Home has instituted an excellent system of elemen- tary education, extending through the usual eight grades, but the effect of this provision is largely vitiated by the practice of the Board of Trustees of paroling inmates after only a year of residence. Some attempt has been made to furnish industrial training, but as the Home possesses neither adequate equipment nor specially qualified instruc- tors, little has been done in this direction. From this point of view — that of efficient management — the medical service is the most serious defect of the administration. There is no resident physician and the character of the service ren- dered by the local practitioner, who devotes only about one hour a day to the medical needs of the inmates, appears to be wholly inadequate. From the wider point of view — that of creating some approximation to a real family life for the inmates — the State Correctional Institutions. 43 Jamesburg "Home" belies its name. Apparently little care is exercised in the selection of the suitable type of person to act as house masters and matrons. The sympathy and personal interest so essential in the upbringing of children is almost entirely lack- ing. The vicious "rule of silence" is enforced in the common mess hall. There are periods of recreation but no supervision or direction of the recreation. Corporal punishment is occasionally employed as a method of discipline. The result of all this is that the children are miserable and grow to hate the institution, and, what is much worse, many of them develop vicious and degenerate habits, which cannot fail to affect their whole after lives, and from which they might be preserved if they had the personal care which their immaturity and dependence require. That the conditions here described are common to most institu- tions of this kind and that at Jamesburg they are an inheritance from a stern, military regime which preceded the present admin- istration is no excuse for allowing them to continue. The recent appointment of Superintendent Charles H. Edmond, a man of long experience in dealing with the problems of juvenile delin- quency, holds out the hope that a new order of things may soon be introduced in the State Home for Boys. Obviously what is needed is a radical change in the spirit of the administra- tion, with a corresponding change in the personnel of those who have supervision over the private life of the inmates. For the younger children house-mothers rather than house- masters should be provided — women of a high degree of intelli- gence, sympathy and understanding, and the present practice of assigning competent mechanics to this duty should be aban- doned. The Commission is further of the opinion that children under twelve years of age should rarely or never be com- mitted to an institution where they are thrown into promiscuous association with delinquents older and more depraved than themselves. Such children, it is believed, 44 Report of Prison Inquiry Commission. are more properly cases for the State Board of Children's Guardians than for institutional care. For a few of the older class of the Jamesburg inmates, a unique and interesting attempt is being made by Mr. Arthur D. Chandler, a member of the Board of Trustees, to supply them after their parole with some of the opportunities for char- acter-building which the Home had neglected to furnish. On his farm at Allaire, Mr. Chandler has established what he calls the "Boys' Co-operative Farm School," where from a dozen to thirty boys paroled from the institution lead an independent but carefully guarded life, paying their way with their labor, sharing in the profits of the work, and receiving the per- sonal interest and guidance of Mr. Chandler and his asso- ciates. The experiment is a promising one and should as time goes on be widely extended. 3. State Home for Girls. The New Jersey State Home for Girls is advantageously lo- cated on a tract of land of considerable extent on the outskirts of the City of Trenton. The institution was planned and has been largely developed on the cottage system, though the original building has been so extended through additions as to give it a distinctly "institutional" character. At the close of the year 1916 the Home contained 227 girls housed in four cottages and the main building. The site includes a small farm, 46 acres of which are under cultivation. The agricultural facilities of the institution are thus far too limited. This circumstance and the great increase in the value of the site, owing to the growth of the City of Trenton, give ground for the opinion that it would be wise to dispose of the plant and transfer the Home to a larger area of land which could be more cheaply purchased. The management of the institution is vested in five trustees, three of whom must be women, appointed by the Governor with the consent of the Senate. The trustees receive no compensa- tion but their expenses, and have power to appoint the superin- State Correctional Institutions. 45 tendent, a resident woman physician and such other officers as they may deem necessary, to fix their salaries, and to re- move the superintendent for cause. Any girl under the age of nineteen and over the age of nine, who has been convicted of any offense except murder, may be committed to the institution and the commitment operates, as in the case of boys committed to the Jamesburg Home, until the inmate attains the age of 21, unless sooner paroled or dis- charged. Inmates may be paroled or indentured at the pleasure of the Board of Trustees. Generally considered the equipment and management of the Trenton Home" are such as to give it a place among the best institutions of the kind in the country. Though now over- crowded and in need of additional cottages to house the inmates, the place gives the impression of a smooth-running machine and this impression extends to the life and spirit of the institution as well as to its external affairs. The personnel of the adminis- tration is of a relatively high order, combining an understanding of the difficult problem of dealing with the delinquent girl, with a creditable degree of efficiency in the management of the routine affairs of the institution. There is no evidence to-day of the crudities and barbarisms in the system of discipline such as were condemned in the report of the Dependency and Crimes Commission of 1908. In short, the system of administration takes a middle line between the somewhat rigid routine characteristic of Rahway and Jamesburg and the flexible and semi-domestic system of personal relations which prevails at Clinton Farms. In view of the youth of the inmates, it would, perhaps, be well if the Home for Girls had more of the spirit of the latter system. The elementary education provided at the Home for Girls is, in a general way, very satisfactory, but, as in the Home for Boys, the provision for vocational training is crude and elementary. No industrial work is attempted beyond the most common domestic labor, such as dressmaking and the simpler tasks of housekeeping, together with the work incidental to the manage- 46 Report of Prison Inquiry Commission. ment of the farm. There is practically no development of mechanical industries such as would be useful in training the in- mates for after life. The authorities of the institution recognize this defect and strongly urge the transformation of the original building into a large and well-equipped trade school. The medical service is of unusual excellence for an institution of this character. The resident woman physician is not only skilled in her profession but has a sufficient knowledge of ab- normal psychology to apply the usual tests for mental defect. But, like all the other correctional institutions of the state, the Girl's Home is hampered by the presence of a large and unde- fined number of neurotic and psychopathic cases, which can be ascertained only by a thorough psychiatric examination and for whom provision should be made in institutions peculiarly adapted to their needs. Here, as at Jamesburg and at the two reformatories, the practical value of the training for independent and useful lives after release is, in large measure, rendered ineffective by the practice of paroling inmates, in all but exceptional cases, at the end of a year or, at the most, of eighteen months of residence. 4. State Reformatory for Men. The New Jersey State Reformatory is situated on the out- skirts of the City of Rahway, on an extensive tract of land, three or four hundred acres of w,hich are under cultivation. The main building is of the conventional prison type, massive and imposing in design, with radiating wings of inside cell- blocks. The original plans provided for four wings, but thus far it has been found necessary to construct only two. The institution is managed by a Board of Commissioners, composed of the Governor and eight members appointed by him, with the consent of the Senate. This Board appoints the superintendent for a term of five years and has power to remove him for cause. The superintendent appoints the sub- State Correctional Institutions. 47 ordinate officers and employees subject to the approval of the Board. The present superintendent is Dr. Frank Moore, who was appointed in 1909 and reappointed in 19 14. Commitments to the Reformatory are restricted to convicts between 16 and 30 years of age who have not previously been convicted of a State Prison offense. They are detained at the pleasure of the Board of Commissioners who have fixed the minimum period of imprisonment at one year. By far the greater number of the inmates are paroled after a year to eighteen months of imprisonment. Rahway is in effect a prison with reformatory features, rather than a reformatory pure and simple. It is too much like jits famous prototype, the Elmira Reformatory, after which it was consciously molded, to be altogether admirable. Archi- tecturally it is, like Elmira, a prison, and, like Elmira also, it has more than a touch of the severity of spirit which has char- acterized prison management everywhere. Much of the latter has doubtless resulted from the construction of the main build- ing, with its inside cells and depressing prison atmosphere. A comparison of the body of inmates within the walls and of those engaged in farm and road work outside, is wholly to the advantage of the latter, in health and in morale. The confidence reposed in these men, the comparative liberty which they enjoy, their freedom from the constant surveillance and from the regimentation of the life at Rahway, are reflected in their independent and responsible bearing and in the zest which they put into their work. Although the men chosen for such service are doubtless carefully selected, one cannot help feeling that the marked difference between them and the men behind the walls is due rather to the more generous and less exacting discipline to which the former are subjected than to a funda- mental difference in character and capacity, and that these have a much greater opportunity of redeeming their lives, than that which falls to the lot of their less fortunate fellows. To what extent the spirit and methods which are producing such fruits at the Annandale farm, for example, can wisely be employed in 48 Report of Prison Inquiry Commission. Rahway, the Commission is unable to say, but it is convinced that, if the Reformatory is to achieve the results of which this experiment proves it to be capable, it must at the earliest prac- ticable time be removed to a site in the country where these benefits may be extended to all or nearly all of its inmates. In the meantime, it would seem that another trial might wisely be made of the tentative experiment in inmate self- government, which was instituted in the Reformatory in 19 14 and, as Superintendent Moore reports, 1 abandoned after a year's trial. It is said to have developed "ward politics" ; but that is an incident not unknown to self-government outside prison walls and, if it is a greater menace in a correctional institution than in the wards of a city, it is, on the other hand, more easily dealt with. The remarkable success of a similar experi- ment in the Philippine penal colony of Iwahig seems to indicate that, if wisely administered, the method contains possibilities of great usefulness. We have referred to the Philippine example, rather than to the recent experience of Auburn and Sing Sing prisons in self-government, because the former has been longer continued and not so much dependent on the devoted enthusiasm of one man. Especially does a measure of self-government recommend itself as a means of affording to the closely confined inmates of a walled prison some of those opportunities for self-development, self-expression and self-control which fall naturally to men thrown more largely on themselves on a prison farm or in a road camp. Of all the correctional institutions, Rahway seems, both in the character of its population and in the strong and efficient government that it possesses, to be the one best adapted to work out such an experiment safelv and successfully. In its material aspects the administration of the Reforma- tory is of the first order. The inmates are adequately classified on the basis of age and physical health, though very inade- quately on the basis of their mental condition. The medical x Report of New Jersey State Reformatory, 1915. State Correctional Institutions. 49 examination is thoroughly competent but there is no psychiatric study made of the inmates and the psychological tests applied are crude and unsatisfactory. The industries at the Reformatory have been judiciously selected with the double purpose of producing marketable goods and of furnishing useful training to the inmates. In Rahway alone has the purpose of the state, to instal the State-Use System of industry in place of the contract system, been even approxi- mately realized. A conscientious effort is made to assign in- mates to the industries to which they are best adapted and in which they desire to qualify. Considering the handicaps of insufficient working capital and a constantly shifting labor force the industrial efficiency of Rahway is highly commendable. With the use of the farm at Annandale, the institution now has some eight hundred acres of productive land under cultivation and this is apparently as well conducted as the home institution. The diet furnished the inmates, while not scientifically regu- lated, is so adequate in quantity and variety and, upon the whole, so well-prepared and served, as to render this omission a matter of little consequence. The inmates eat their meals together in a large well-lighted dining hall and are permitted to converse freely with one another at such times. The medical service is entirely competent, the hospital is adequate and well-equipped and there is satisfactory provision for the segregation of the insane and of contagious and epi- demic ,cases. Perhaps the most important feature of a reformatory institu- tion is the education which it provides its inmates, and here, as in so many other respects, Rahway reaches a higher degree of excellence. It may be doubted whether many elementary schools in the country are. better, in point of equipment, in the quality of the teaching staff or in the efficiency of the instruc- tion, than is this institutional school. So important is this feature of the work of the Reformatory regarded that the inmates devote half their time, either the forenoon or the after- 50 Report of Prison Inquiry Commission. noon, to their classes, the other half going into the industrial and other work of the institution. But it is true here, as elsewhere, that there has been no cor- responding development of the equally important function of industrial education. The only provision for such education is the work afforded in the shops and on the farm. But as the need for systematized vocational instruction has scarcely dawned on the industrial world outside, it is not to be wondered at that its importance has not yet made itself felt even in one of the most progressive of our correctional institutions. What is more of a marvel is that such an institution as Rahway should, under its present efficient management, have existed for seven years within an hour's railroad journey from Trenton, without profoundly affecting the policy and methods of the State Prison. The population of the Reformatory at the close of the fiscal year, October 31, 1917, was 579, distributed as follows: 142 were employed in outside activities— 21 on the Reformatory farm and garden, 43 in the yard and barn, 18 on the Annandale farm and 60 on road construction; 174 were engaged in the maintenance labors of the institution, 231 in the various in- dustries and 15 were incapacitated. 5. State Reformatory for Women. The New Jersey State Reformatory for Women is located on a tract of farm land in Clinton, Hunterdon County. It was planned on the cottage system and now consists of four cot- tages, two of which are farm buildings that were acquired with the land. The two others are substantial concrete buildings, of good size, erected during 19 16-17. In addition to these cot- tages, the plant includes two small dwellings for the housing of employees, and a handsome chapel. An additional cottage is required for the overflow of the population, which already exceeds the capacity of the present accommodations. The insti- tution is governed by a board of eight commissioners, not less State Correctional Institutions. 51 than three of whom must be women, appointed by the Governor, with the consent of the Senate, for a term of three years. The Board has the power to appoint the Superintendent, who holds office at the pleasure of the Board, at a salary limited by law, and to determine the number of subordinate officers, their duties and compensation. The Superintendent appoints the subordi- nate officers, all of whom must be women, subject to the approval of the Board. The Commissioners and Superintendent may be removed by the Governor for cause upon charges filed and after hearing. Any female above the age of seventeen may be committed to the institution after conviction of a State Prison offense. The Keeper of the State Prison is required, when requested by the Board and with the approval of the Governor, to transfer to the Reformatory all female inmates of the Prison over 17 years of age. All commitments are for an indefinite term limited only by the maximum period of imprisonment fixed by law. The Commissioners may parole an inmate at their pleasure and it is their general policy to grant parole after one year of good conduct. As the Reformatory is still in the early stages of its de- velopment, having been established only seven years ago, its plant is still in an inchoate condition and requires to be sup- plemented by additional buildings and equipment. How- ever, even with the limited facilities placed at their disposal, the Commissioners, through their insight and energy, have already produced an institution which, though hardly yet out of the experimental stage, is one in which the State may take a just pride. Clinton Farms is the only one of the three institutions constructed on the cottage plan in which the governing idea of providing the conditions of family life has been con- sistently carried out. Not only do the inmates of each cottage have their own kitchen and dining room (as is also the case in the State Home for Girls at Trenton), but, more completely than in the State Home, each cottage group 52 Report of Prison Inquiry Commission. forms a little community of its own for all but the congre- gate purposes of worship and farm labor. This has resulted an the development of a vigorous spirit of co-operation among the members of each group as well as a wholesome rivalry between the different groups. The spirit of sympathy and understanding and the general attitude of trust and kindliness, which the more active mem- bers of the board have brought to the institution, has in- fected the official staff and the inmates, alike, in their rela- tions to one another. In short, Clinton Farms is, on its human side, a tolerant, good-natured, co-operative family, or group of related families, rather than a "correctional insti- tution." While the inmates have regular hours of work and school attendance, they are at other times allowed considerable freedom in and about the cottages in which they live and, in the case of the "honor" group, complete liberty to go where they choose within the limits of the place. The inmates are classified by age and color, the younger white girls being generally grouped by themselves, and the colored inmates being in a cottage by themselves, under the immediate direction of a very competent matron of their own race. Apart from these elementary groupings, no serious attempt is made at a classification of the inmates, either physical or mental. There is, indeed, a thorough physical examination made of each inmate on entering the institution, and there is a theory that tests for feeble mindedness are employed, but these seem in practice to be only occasional and not a part of the regular routine. As in all the other correctional institutions, there is no psychiatric examination or treatment for the detection and help of those who are in need of specialized care. Less attention is paid to education than might have been expected, but the elementary education afforded during the six months of the year while the school is in operation, is, upon the whole, of excellent quality. This neglect appears to be due not to deliberate intention but rather to a general The Labor Problem in the Correctional Institutions. 53 lack of systematic organization and co-ordination of the various activities of the institution. The schooling is crowded out by the pressure of farm work and the drafting of inmates to the farm and to necessary domestic service has prevented the development of other forms of industrial activity and, particularly, of anything like vocational train- ing. In fact the labor of the institution may be summed up in the formula — farm work and domestic service. It is true, both of these are well done, but they constitute a meagre program of training for future useful activity. This slackness of administration is reflected in the rather easy-going life of the institution in general, which gives the impression of failing, in some measure, to supply to the in- mates the desirable discipline of a carefully ordered, regu- lated life. The State would be the gainer if the fine spirit, which characterizes the management of Clinton Farms and the order, system and efficient administration of Rahway were combined in all her correctional institutions. E. The Labor Problem in the Correctional Institutions. The problem of utilizing to advantage the labor of convicts — to their advantage as well as to that of the State — has for nearly a century taxed the ingenuity of all who shared the responsi- bility of prison administration. From the primitive forms of congregate labor practiced in the first State Prison, from 1798 to 1836, to the establishment of work shops and the persistent attempts of the Legislature and the Prison authorities to work to advantage, one after the other, the various forms of the contract system, the record is one of constant, half-hearted experimentation, of generally increasing financial loss and of almost invariable failure. In 1884, under the influence of labor agitation, an effort was made by the Legislature to put an end to the contract system and substitute in its stead the system of manufacture for state use. 54 Report of Prison Inquiry Commission. But this effort was vitiated by a subsequent statute, passed at the same session of the Legislature, permitting the employment of the "piece price" system, under which the contractors, instead of hiring the labor of the prisoners, took the manufactured goods at a fixed contract price, an arrangement which proved, in practice, to be more favorable to the contractors and less advantageous to the state than the obnoxious system which it displaced. Thus the "lease" form of the contract system having been legislated out of existence, and the "piece-price" form having proved an even more disastrous failure, the annual deficit hav- ing increased from $87,835 in 1885 to $178,585 in 191 1, the State decided to go the whole length of adopting the state use system exclusively. This was effected by the Act of June 7, 191 1, which directed that thereafter all industrial labor in the penal and correctional institutions should be employed in the manufacture of goods for state use, but with a proviso, the prob- able effect of which was that any surplus of goods not so required might be sold on public account. It was, however, provided by an act of April 14, 1913, that the contracts then in existence might be continued until sufficient state use industries had been established to absorb the labor of the inmates. Doubtless it was the increasing pressure of labor agitation, as much as the economic failure of the contract system, that led the legislature thus to commit the state to the state use system. In this respect New Jersey was only repeating the experience of other states in which the labor organizations had effectively agi- tated for the abolition of a system under which free labor was exposed to the unfair competition of unpaid and sweated con- vict labor. As early as 1879 the legislature had taken notice of the agitation by the appointment of a Commission on Prison Labor, which rendered a report recommending that the compe- tition with free labor be reduced to its lowest terms by a diversi- fication of prison industries and a restriction on the number of men to be employed in any given industry. The result of this recommendation was the act of March 25, 1881, forbidding the employment of more than 100 men in any one industry — a The Labor Problem in the Correctional Institutions. 55 device which clearly missed the point involved in the controversy, which was not the amount but the unfair character of the compe- tition maintained by the contract system. Even under the state use system, which the labor organizations have generally favored, convict labor will still compete with free labor. But if the sys- tem is fairly administered, with proper emphasis put on the gen- eral and industrial education of the inmates, and a proper wage scale established for them, the last objection to the competition will have been met. Under those circumstances it also is safe to assert that, if the purpose of the act of 191 1 is fully carried out and an honest effort made to supply the requirements of the state for prison made goods, the sale in the open market of any occa- sional surplus of goods that cannot be disposed of in the usual way will be equally unobjectionable. The sincerity of this effort of the legislature to solve the prison labor problem in the right way was evidenced by the fact that the act of 191 1 created a Prison Labor Commission to direct the development of the new system and control its operation, and that in the following year the legislature, by joint resolution, March 28, 1912, made provision for a Convict Labor Commission to formulate a comprehensive plan for the employment of all convicts, physically able, on the public roads, in public parks, in forestry and in such other ways, not in competition with free labor, as may suggest themselves. But the Prison Labor Commission, while authorized to direct the installation of state use industries in the several penal and correctional institutions, was invested with no power to carry its recommendations into effect. In fact, from the institution of the Commission in April, 19 12, down to the present time, its history has been a discouraging record of "orders" and "direc- tions" issued by it to the managing authorities of the several cor- rectional institutions and of appeals for appropriations, nearly all of which were ignored or met with the conclusive formula, "no funds". Only in the field of exploiting the market for institution-made goods, i. e., in requiring charitable and other state agencies to supply their needs from such goods, — here, 56 Report of Prison Inquiry Commission. where alone it has real authority, has the Commission attained a real measure of success. This function the Commission appears to have performed with commendable firmness and dis- cretion. But it is obvious that this must remain a very restricted function so long as it is not combined with the power to enforce the production of such goods as may be required, and such has, in fact, proved to be the case. The result was that, though the act of June 7, 191 1, abolished contract labor from the standpoint of legal theory, in 19 17, six years later, but twenty men, on an average, were employed on state use activities within the state prison walls, while about 400 were still engaged in work on "piece-price" contracts. The first and most fundamental cause for this failure was the conflict of jurisdiction in the control of the industrial activities of the prison which was thus created by the law of 191 1 and subsequent legislation on this topic. In addition to the Prison Labor Commission, which was given "general control and supervision over the employment of the inmates of all State penal, correctional or reformatory institutions," the Board of Inspectors, by the law of 1876, confirmed by the act of April 20, 1914, were also vested with "full control" over the general administrative policy of the prison. The principal keeper, as a constitutional officer of the State, regarded himself as re- sponsible for the discipline and guarding of the prisoners when engaged in industrial operations. Further, the supervisor (fiscal agent since 1914) was the recognized industrial and financial manager of the state prison, while the governor of the state was authorized to pass upon the desirability of allowing the con- tinuance or extension of the contracts. With such a conflict of powers, there is no reason for surprise that practically nothing had been done to improve the industrial situation within the prison walls down to the summer of 19 17. The second cause for the failure was the neglect of the legis- lature to make the necessary appropriations wherewith to intro- duce the new equipment essential to the establishment of the The Labor Problem in the Correctional Institutions. 57 "state use" system, as well as to provide working capital for its operation. The only attempt down to 19 17 to introduce the new system in the prison came in 1915, when a small knitting establishment was set up — a most inconsequential movement, as it never employed more than 25 prisoners, and was poorly adapted to an institution containing none but adult male inmates. During 19 17, however, steps were taken to provide for the introduction of a new "state use" industry, namely, the making of automobile tags. This industry will probably be able to start by the spring of 1918 and is expected to employ about 75 men. In view of this practical failure, to date, in the introduction of the "state use" system within the prison walls one must look to the development of extra-mural activities to discover the chief avenue through which "state use" industries have been developed by the prison authorities. This outside employ- ment of prisoners was authorized by the act of April 11, 1910, and its subsequent amendments. In 1913 two road camps were opened for the employment of convicts on the roads of the state, and in 19 15 a third, and in 19 17 a fourth camp was established. These road camps have been a relative success. In addition to the hygienic and disciplinary value of the out- door work, in 19 16, the road camps nearly met their expenses, including the salaries of the deputies, while within the prison the expenses were almost exactly three times the receipts. In Sep- tember, 19 1 3, a prison farm was purchased consisting of 1,000 acres of waste land near Leesburg in Cumberland County. Dur- ing the last year the prison farm was an expense of $25,466 and the total receipts realized were only $6,894, but the loss is at least partially offset by the increased value of the land resulting from the clearing and other improvement thereof. In the meantime the prison finances have steadily become worse. In 191 1, the total loss, including the salaries of the officers, was $178,586; by 1916 it had reached $233,694, though the number of prisoners serving sentence in 19 16 was less than in 191 1. 58 Report of Prison Inquiry Commission. The industrial situation at the State Reformatory at Rahway since 191 1 'has been more encouraging than that which has existed at the state prison. Superintendent Moore has been, from the first, a strong advocate of the "state use" system, and the governing board of the Reformatory, in contrast to the Inspectors of the state prison, have con- sistently supported the efforts of the Superintendent to develop the system in the Reformatory. Industrial production com- menced on a significant scale in 19 15 and it has up to the present time made considerable progress. In 1916, the first full year of the operation of the new system, orders to the value of $21,420 were filled. The farming activities at Rahway have been equally sys- tematic and profitable. A large and well cultivated farm adjoining the Reformatory has been in operation for several years, the net gain from which in 1916 was $23,293. Early in 1917, through the aid of the Governor and of Comptroller Newton D. Bugbee, a productive tract of land at Annandale in Hunterdon County, which had been acquired by the State for other purposes, was placed at the temporary disposal of the Reformatory as an additional farm. This has been cultivated by inmates during the past season with gratifying results. It is estimated that the net gain from this innova- tion in 1917 will approximate $10,000, while the disciplinary aspects of the experiment have been entirely successful. Road building has been carried on by the inmates of Rahway only to a modest degree but in a highly profitable manner. Roads have been built for the city of Rahway, and in the fall and winter of 1917 a number of inmates were employed in building roads leading to the army encamp- ment at Wrightstown. While in the early years of The State Home for Boys, at Jamesburg, and, in fact, down into the present century, various industries were carried on under the contract sys- tem, there is at present very little mechanical industry in the institution. An adequate industrial plant exists, but is The Labor Problem in the Correctional Institutions. 59 scarcely at all developed, either from the standpoint of pro- ductivity or from that of industrial training. A large farm is cultivated and this occupies the labor of the boys during most of the year, except in the winter months. In the two remaining State institutions, as in those under county and municipal control, there has been little industrial development, with the exception of farming, which is carried on with success on a considerable scale, at Clinton Farms and, on a more restricted scale at the Trenton Home for Girls. In all the State institutions, moreover, the external clothing of the in- mates is for the most part provided by their labor. In conclusion, then, it may be said that the enlightened pur- pose of the state in legislating the contract system of prison industry out of existence and directing the substitution therefor of the state use system, has been almost completely nullified by the imperfect character of the legislation devised for the pur- pose and by the failure of the governing authorities of four of the five correctional institutions of the state to do their part in putting the new system into effect. The Commission is of the opinion that no satisfactory solution of the problem can be devised that does not provide for an effective control of the entire system of prison labor either by the Prison Labor Com- mission or by such a central board of control as is recom- mended in the concluding section of this Report. The system of prison labor which we may thus be able to secure will aim not only to protect the State against the waste of its resources that the old system has entailed, but will be even more concerned to provide adequate industrial training for the inmates of the State institutions. Pending the complete development of such a system, the Commission believes that the employment of the inmates in road making, farming, land reclamation and other public work should be greatly increased. With the unlimited opportunities that the State presents for such public work, the Commission is of the opinion that the remaining contracts, under which a large number of men are 60 Report of Prison Inquiry Commission. still employed at the State Prison, should be terminated at an early date P. Pardon and Parole. The pardon power is, under our constitutional system, vested in the chief executive of the nation and of the several states, respectively. In New Jersey, as in several other states, this function has been transferred to a Court or Board of Pardons which, in this State, is composed of the Governor, the Chan- cellor and the appointed members of the Court of Errors and Appeals. The Court of Pardons of New Jersey grants par- dons by a majority vote, of which majority the Governor must be one. The parole power came into existence in New Jersey in 1889 as an incident of a sweeping measure of clemency, which pro- vided that, with certain exceptions, all inmates of the State Prison who had not previously been convicted of a prison offense, might after serving half the term for which they had been sentenced, be released on parole in the discretion of the prison authorities. Two years later (April 16, 1891) the legislature enacted a law vesting in the Court of Pardons the power to allow qualified convicts in any of the penal institutions of the State to be at large, under such conditions as the Court might see fit to impose. From that date the Court of Pardons, which had theretofore been confined to the granting of executive clemency, has been the chief paroling power in the State. The institution of the indeterminate sentence by an act of April 21, 191 1, gave new scope and importance to the power of parole, which was definitely vested in the Inspectors of the State Prison, without, however, withdrawing from the Court of Pardons the more extensive authority conferred on it by the act of 1891. Pardon and Parole. 61 While, in a sense, the parole power vested in the Court of Pardons merges in or overlaps its pardon power, there is this difference, that a pardon is conclusive and final in effect, while a parole is granted on prescribed conditions, for a violation of which the person paroled may be recalled to serve out his term. It should also be noticed that, in the original act vesting the parole power in the Court, it was not bound by the restrictions as to the classes of offenders made eligible to parole. Thus the Court of Pardons might parole old offenders and those convicted of murder or other major crimes and need not in any case wait until the minimum term of the sentence has expired. These broad powers of parole have been freely exercised by the Court, as appears from statistics gathered by this Commis- sion. Thus, in the fiscal year ending October 31, 1916, the Court of Pardons granted 334 paroles at the State Prison and the Board of Inspectors, the regular paroling authority of the Prison, only 124. For the twelve months ending September 30, 1917, the Inspectors granted 196 paroles and the Court of Pardons 375. Moreover, out of these 375 cases, 329 or 87.7 per cent., received their parole before the expiration of their minimum sentences. It would appear from these figures that the Court of Pardons is employing its parole power largely as an extended function of the pardon power and not in the sense in which the parole power is generally understood. This anomalous situation, of two competing and overlapping parole authorities, has been further complicated by the assump- tion by the courts of what is in effect a power of parole, by exercising the authority of recalling for resentence convicts sen- tenced by them to the State Prison, the penitentiaries or to any other State correctional institution. The courts, under our sys- tem of judicial procedure, have always enjoyed the power of recalling for resentence a prisoner sentenced by them to a term of imprisonment, during the period fixed by law within which a new trial may be granted. This power, inherent in the judicial function, was enlarged by act of the Legislature, March 16, 1914, granting them the further power of recall- 62 Report of Prison Inquiry Commission. ing prisoners committed by them, at any time prior to the expira- tion of the sentence imposed or to their previous discharge or parole. While this power has not been exercised so freely as to constitute a serious interference with the due administration of justice, it is always available to a convict who fails to get relief from the Court of Pardons or the local paroling authority. The net result is that New Jersey presents the curious spectacle of having three distinct and competing paroling authorities of varying jurisdiction, which can be invoked in turn and thus played off, one against another. Such a condition of affairs cannot fail to impair discipline and respect for authority in our penal institutions. As now constituted, the regular paroling authority in the several correctional institutions (as distinguished from the Court of Pardons and the superior criminal courts which have jurisdiction as to all of them) is the board of control. While the powers of these boards vary as to the time when they may be exercised, they are in all other respects substantially the same. The Inspectors of the State Prison may parole an inmate only after the expiration of his minimum sentence, or, if he was com- mitted for a definite term, only after the lapse of the period to which his sentence was reduced by law. In actual practice parole is granted as a matter of course at the expiration of the minimum term, except in those cases in which the applicant has had his minimum term extended as a penalty for misconduct in prison. As all commitments to the four reformatory institutions are for an indeterminate period, limited in the case of commit- ments to Rahway and Clinton Farms to the maximum term fixed by law for the crime committed, and in the case of the two State Homes to the attainment of the age of 21 years, the boards of these institutions may grant parole at any time after commitment. All of these boards have by rule or in practice adopted a self-denying ordinance fixing a minimum of one year of detention before an application for parole will be considered. In Rahway parole is usually granted in a year to Pardon and Parole. 63 eighteen months after commitment; in the three other institu- tions, at the expiration of a year. Only in case an inmate has by misconduct forfeited the privilege of such early parole, is his first application refused, and only in the case of especially hard- ened and incorrigible offenders is the period greatly lengthened. In Rahway only may an offender be detained indefinitely, even beyond the legal maximum, by virtue of a special law providing that the period of incorrigibility shall not be counted toward the time for which his sentence may run. Thus, in all the State institutions, is the aim of the inde- terminate sentence defeated by the policy of the paroling author- ity. The inmate of the State Prison regards the minimum sentence imposed by the court as his actual sentence. The maximum prescribed has no meaning for him. The few months that may be added to the minimum by the authorities of the institution, he regards as so much additional punishment im- posed by them for the specific acts of misconduct of which he has been guilty. This is equally the attitude of the Prison authorities. If they think at all of the purpose of the law — to keep the wrong-doer in confinement until he has become a new man and has ceased to be a menace to the community — they ignore it or assume that the negative attitude of passive obedience to prison rules is sufficient evidence of reformation. Perhaps this is well enough in an institution which has never claimed to be a reformatory, especially in view of the fact that the courts, being aware of this practice, take it into account in fixing the sentence. But this excuse for the practice cannot be pleaded by the other four institutions whose management and discipline are definitely aimed to effect the reformation of those committed to them. It will hardly be contended that a year or eighteen months of such treatment as they afford their in- mates will in most cases suffice to correct the depravity or overcome the bad habits or afford the education and industrial training required to fit them to lead useful and honorable lives after their release. 64 Report of Prison Inquiry Commission. As already stated, a parole operates as a discharge, subject to certain conditions which, in the case of the State Prison, are prescribed by the Governor, in the case of the four other institutions, by the paroling authority. In theory the paroled convict remains under surveillance to the end of the period for which he might have been held, unless he is sooner pardoned, but in practice the actual supervision is rarely continued for more than a year. Violation of any of the conditions on which the parole is granted subjects the paroled offender to the lia- bility of being returned to the institution from which he was paroled, but this extreme penalty is seldom exacted except for a further criminal offense or other grave misconduct. The paroled prisoner is committed to the custody of the parole officer of the institution, or, in practice, to some responsible citizen. Juvenile delinquents may be paroled to their parents or guardians, if these are responsible. As the State Prison has only one parole officer to look after more than 1,200 paroled convicts, Rah way only two to supervise the conduct of nearly 700, and Jamesburg three, to look after nearly 1,000, it is obvious that the supervision actually exercised in these cases is little more than nominal. The two other institutions are better off in this respect, the Home for Girls having three parole officers for 225 girls on parole and the Clinton Farms Reforma- tory having one (with several volunteer assistants) for about 50 women. Even in this last named institution, from which approximately 80 per cent, of the inmates are paroled at the end of a year of residence, it is reported that of 160 women paroled from the beginning of the institution 56, i. e., 35 per per cent., were guilty of violation of parole and were returned or had disappeared. In view of these facts — the fixing of a minmum term of im- prisonment where none was provided by law, the general practice of paroling the inmates at the expiration of his minimum term, the short period of surveillance and the inadequacy of the supervision exercised — it is generally conceded that the administration of the Administration of the Correctional System. 65 parole law very generally fails to attain the purpose for which it was designed. The system of "indenturing" inmates, which obtains in the Jamesburg and Trenton Homes, under the laws creating them, appears to be nothing more than a modified form of parole, in which a closer and more effective supervision may be exer- cised over the inmate than is usually possible in ordinary cases of parole. The boy or girl is committed to the care of a family for employment at stipulated wages and under careful restrictions as to the treatment which he or she is to receive. An advantage of the system is that the wages of the indentured child, over and above maintenance and clothing, is paid directly into the treasury of the institution, where it is held as a savings fund until final parole or discharge. The system is reported as working very well. In view of the fact that the indentured individual is not "bound out" to the employer, and that the practice confers on the latter no legal powers of detention, the term by which the system is known appears to be a misnomer. G. Administration of the Correctional System Cen- tral Boards Versus Local Boards. The history of the correctional institutions of New Jersey, which is set out in the foregoing pages and is covered in detail in the History appended hereto, has followed the same general course as that which has marked the development of similar institutions in other states of the Union. First, we have the summary punishment of the offenders, by fining, branding, deportation or death, a system that left little occasion for places of imprisonment — the county jails, which had been primarily instituted for the confinement of vagabonds and insolvent debtors, being also used as places of detention for those await- ing the determination of their guilt or innocence or the execu- tion of the sentence imposed by law. With the gradual develop- ment of imprisonment as a method of punishment, the jail, 66 Report of Prison Inquiry Commission. being the only institution available for the purpose, became the place of imprisonment for those condemned to this form of punishment, the result being the indiscriminate confinement, together, of those undergoing sentence and the ordinary jail population. Later, with the overcrowding of the jails, came a recognition of the necessity for separate places of confine- ment for those undergoing punishment, resulting in the crea- tion of the state prison or penitentiary; and, still later, the recognition of differences of type among those undergoing sen- tence, causing the institution, one after another, of separate places of imprisonment for youthful first offenders and juvenile delinquents. The method of development of these institutions has deter- mined the method of management adopted for them. They came one at a time, each in response to a distinct need. Each was treated as a separate unit, to be separately managed in accord- ance with the ideas which had governed its creation. Except in the minds of those who were struggling with the baffling problem of crime and delinquency as a whole, there was little consideration of the advantages or disadvantages of a unified, as compared with a separate, management of the institutions. The diversity of management of the several institutions, resulting from this system of separate control, made inevitable a comparison of the spirit and methods governing the older and the newer types of institutions and of the results of their man- agement, and gave rise in many minds to the conviction that the reformatory purpose of punishment, which was the key- note of the latter class of institutions, was too generally ignored in the management of the former class. At the same time, other observers had become alarmed by the enormous and increasing cost of the correctional establishments. Accordingly the sys- tem of separate control came under criticism from two distinct sets of influences — on the one hand, from those who, on humanitarian grounds, desired the leveling up of the manage- ment of all the correctional institutions to the highest point Administration of the Correctional System. 67 attained by any of them, and, on the other hand, from those who desired a more efficient financial management of the entire system. As a consequence of this, during the past quarter of a century, there has developed in all the states of the Union a searching inquiry into the advantages, and, in many of the states, an elaborate experimentation in the working, of unified boards of management, designed to deal with the correctional institutions as a whole. But the tendency toward unification of institutional manage- ment did not stop with the correctional system. The discovery, resulting from recent scientific study of the inmates of correc- tional institutions, that a large proportion of such inmates are not essentially different in mental capacity and responsibility from those who fill the charitable institutions for the insane, the feeble-minded and the neglected, has produced a growing conviction that the two sets of institutions are in essence interde- pendent parts of a single system for dealing with the allied social problems of delinquency and defectiveness. Accordingly, on scien- tific, as well as on humanitarian and business grounds, this experi- mentation in unified management has extended so far in some parts of the country as to sweep together, not only all the correc- tional institutions, but all of the charitable institutions as well, under a single management. As early as 1877, the State of New York placed all its distinctively penal institutions, including the asylums for the criminal insane but not the reformatories, under a single administrative control. The larger scheme, of placing the charitable and correctional institutions together under a single, unified management, was adopted by Wisconsin in 1881. Up to the year 19 14 six states had adopted the plan of a central- ized administration of all their correctional institutions and in eleven others both the charitable and correctional institutions had been brought together under a single management. The hopes of the founders of the new system, like so many hopes of men and women who have dealt with the correctional problem, have not been realized. The goal has been found to 68 Report of Prison Inquiry Commission. be still far away. The reasons attributed for the failure of the central board to realize the expectations of its advocates have been many. A controversy has been going on for almost a quarter of a century as to the relative merits of the local and the central systems of management. In behalf of the system of centralized control it is contended that a central board, dealing with the correctional system as a whole, would be able to secure a more economical and efficient administration of the several institutions, both in making pur- chases and in the operation of the industries, together with a proper distribution and diversification of the industries, so desirable from the point of view of the training of the inmates for future usefulness as well as from that of the economic inter- ests of the State; that it could set up standards in matters of discipline, of education, of mental and physical examination and treatment, and of general management, resulting in a general leveling up of all the institutions to a common level of excel- lence ; that it would, through its study of the comparative needs of all the institutions, be enabled to submit to the legislature a general budget, thus doing away with the present competition of the several institutions for appropriations, and finally that, by its study of the correctional system as a whole and through the education of the public, it would be able to secure needed reforms in penal legislation and in the administration of crim- inal justice, as well as in the correctional system itself. On the other hand, in behalf of the system of separate control, it is argued that the local board, having to do with only a single institution, is able to bring to its management a personal interest and a degree of devotion which a central board, with its larger responsibilities, could not be expected to develop ; that, as opposed to the uniformity which a central board would almost certainly aim to secure, the local board tends rather to a more flexible system of management and to methods of experimentation, which are so essential in the effort to perfect ways of dealing with the varieties of human nature that are found in our correctional Administration of the Correctional System. 69 institutions, and, finally, that a central board, with its vast power and patronage is more likely to attract that political influence which has everywhere played such a disastrous part in the cor- rectional system. That there is force in these arguments, on both sides, cannot be denied, and one who has carefully studied the operation of the system of centralized control in the States that have experi- mented with it will be the first to recognize that the system has not met the expectations of those who advocated and devised it. Nevertheless, the search for the ideal system of central control goes on, because of the persistent belief that some greater degree of unity in the policy and management of the correctional insti- tutions must be attained if the problem is to be adequately dealt with. Your Commission believes that in this, as in all other schemes of government, the attitude of the people toward the institutions that may be set up will determine the character and development of such institutions much more than any frame of government that the wisdom of the legislature can devise. The aim should be to institute a plan that will give scope for growth, that will hold out a reasonable hope of the prompt correction of abuses, and, what is perhaps of as great importance as anything else, that will furnish the fullest opportunity for the continuous education of the people of the State as to their responsibilities with respect to the correctional institutions. From its study of the problem the Commission has come to the conclusion that a system may be devised which will give to the State of New Jersey the benefits of a centralized control of its correctional system as a whole, but which will still leave to the separate institutions the advantages of the personal interest and devotion which have been such important factors in their development. In reaching this view the Commission has been somewhat guided by the precedent of the State educational sys- tem, in which a general authority over all public institutions of jo Report of Prison Inquiry Commission. education has been successfully combined with local control in the several counties of the State. This plan of organization seems to recognize that in the problem of institutional manage- ment we are striving for a solution in the same way that a solu- tion has been sought for so many of the problems that have come up in the workings of American democracy, in the effort to secure the efficiency that goes with centralized authority without sacrificing the local interest which, even at the cost of efficiency, is one of the most valuable features of government. The Commission is not blind to the possibility that the power thus entrusted to a central board of control might be mis- used from wrong motives or inexperience or carelessness. What may be hoped to be accomplished by this plan is the crea- tion of a system which the public sentiment of the state will require to be kept free from partisan politics — as free as public opinion to-day generally requires the schools to be kept. As a means to this end, it is believed that, like the State Board of Education, the proposed board of control should be composed of public spirited citizens serving without compensation. As in the case of the schools, also, it is hoped that more and more of the men and women employed in the management of the correctional institutions will be trained experts, guided and stimulated by the board of non-experts, who will not interfere with technical man- agement any more than Boards of Education do, but who, like Boards of Education, will determine the larger matters of policy, to the end that the expert managers of the institution should always be responsible to the public opinion which is so essential to the systetm of democratic government. The plan that will be recommended to accomplish these results comprehends only the five correctional institu- tions surveyed by this Commission. But, as has been pointed out above, the study of the problem has disclosed the exist- ence, in New Jersey as well as in many other states, of a strong sentiment in favor of a more sweeping measure of insti- tutional control, which shall bring all the charitable as well as Administration of the Correctional System. 71 the correctional institutions under a single, unified management. Applied to New Jersey this larger plan would demand the crea- tion, of a central board of charities and correction, which should exercise general authority over the management and development of the entire charitable and correctional system of the State and which would in the first instance take over the control of the five correctional and the eight charitable institutions and, perhaps, of the two distinct charitable agencies, the State Board of Chil- dren's Guardians and the Commission for the Amelioration of the Condition of the Blind, as well. The additional advantages of this wider plan are (1) the desirability of bringing under a single management two groups of institutions whose problems are on the whole so closely cor- related and of providing a comprehensive system for transferring the insane, diseased and defective inmates of the correctional institutions to the specialized charitable institutions available for their several needs; (2) the opportunity of presenting to the legislature from year to year the results of a com- parative study of the needs of the charitable and correctional institutions for funds for their maintenance and improvement, thus doing away with the inequalities and injustices of the present system of competition for appropriations; and (3) the completion of the State use system of prison industries by placing the productive as well as the purchasing capacities of the chari- table institutions, along with those of the correctional institu- tions, under a common control. The dangers of the larger plan are substantially the same as those pointed out above with reference to consolidating the man- agement of the correctional institutions, accentuated by the fact that the problems of management would be greatly increased and multiplied in the larger unit and that the effect of mis- management or of political control would be correspondingly more disastrous. It may also be conceded that a central board, responsible for the administration of such a large number of institutions and agencies of different types, would be still farther removed from the individual institutions, with their individual 72 Report of Prison Inquiry Commission. problems, and that the difficulty of finding an expert executive to direct the administration of the entire system would be greatly enhanced. Your Commission has considered all the foregoing questions with great care. Its conclusions and recommendations in this respect, as in respect to other matters covered in this report, are embodied below. H. Conclusions and Recommendations. (a) Conclusions. 1. That the correctional system of New Jersey, with a State Prison, supplemented by two reformatories, for men and women, and two State Homes, for boys and girls respectively, and with some provision ' for the specialized care of insane and mentally defective delinquents, is, upon the whole, fairly abreast of the penal systems of other progressive States, but that it is still seriously defective in failing to make adequate provision for the identification and proper care of the mentally afflicted and irre- sponsible members of its delinquent classes. 2. That the lack of a centralized authority, endowed with suffi- cient administrative powers to secure the coordination and more efficient management of the several correctional institutions and agencies of the State, is the most serious defect of the existing system. 3. That the various systems of prison labor, heretofore and at present employed in the correctional institutions of the State, have, excepting in the Rahway Reformatory, proved a disastrous failure, and that the failure of the State-use system, authorized by the laws of 1884, 191 1 and 1914, to attain any reasonable measure of success is due primarily to the failure of the legisla- ture to invest the Prison Labor Commission with adequate au- thority and to make sufficient appropriations for equipment and working capital. Conclusions and Recommendations. 73 4. That the indeterminate sentence, and the parole system, instituted as an adjunct thereto, have proved largely ineffective, owing ( 1 ) to the multiplicity of authorities vested with the parol- ing power, (2) to the short periods of detention of inmates in the Reformatories and State Homes, and (3) to the fact that a wholly inadequate force of parole officers is provided to exer- cise the necessary supervision over delinquents at large on parole. 5. That the education afforded the inmates in the correctional institutions of the State is wholly inadequate, and that where, as at Rahway and the other distinctively reformatory institu- tions, a competent system of elementary education is adminis- tered, no systematized industrial or vocational training is even attempted, whereas, at the State Prison, hardly any education of any kind is supplied. 6. That the method of discipline in force until quite recently in the State Prison has been marked by a general attitude of severity toward the inmates and an indifference as to the condi- tions under which they have been required to live, a condition resulting in the infliction of cruel punishments and not infrequent affrays; that the exact degree of criminal responsibility for the outcome of such affrays can only with difficulty be ascertained in criminal proceedings; that irrespective of whether or no the acts of individual keepers involved in such affrays in the past have or have not gone beyond the proper bounds of self-defense as permitted by the laws of the State, there can be no doubt in the mind of anyone who has carefully examined the recent history of the prison that many of the men who have passed years of their lives in controlling prisoners under the repressive condi- tions that have existed at Trenton, constantly conscious of the necessity of self-defense under the conditions which they were themselves helping to create, have by their very training become temperamentally unfitted to serve in the important capacity of a prison keeper; that it is one of the first duties of a new manage- ment of the prison to carefully consider the prison personnel and by a proper exercise of the procedure of the Civil Service Law to 74 Report of Prison Inquiry Commission. provide for the discharge or retirement of those who are upon examination found unfit for the performance of their duties. 7. That, notwithstanding recent noteworthy improvements, the State Prison is still not sufficiently reformatory in character, and that the present crowded site in the city of Trenton and the present buildings and equipment are wholly inadequate to furnish the proper environment and facilities for a reformatory institu- tion. 8. That, in view of the facts stated in the last preceding para- graph, it is undesirable to expend any further considerable sums in the erection of additional buildings on the present site of the State Prison or in the reconstruction of the old buildings now standing. 9. That labor conditions in the State Prison are of a most un- satisfactory character, both from the financial point of view and from that of furnishing useful employment to the inmates, and that the remaining contracts, in which inmates are still employed, are an obstacle rather than an aid to the speedy and proper solu- tion of the problem. (b) Recommendations. These conclusions have led the Commission to make the fol- lowing recommendations, which are herewith submitted for such action as to the Governor and Legislature may seem proper : 1. The Commission recommends that the present legislature provide for the institution of a central board of control, charged with the general administration of all the correctional institu- tions of the State, and for a local board of management for each of such institutions; that such central board shall be com- posed of the Governor and of eight members to be appointed by him, with the advice and consent of the senate, who shall receive no compensation for their services, and shall include not less than two women, such central board also to take over the powers Conclusions and Recommendations. 75 and functions of the Prison Labor Commission, and to exercise a general power of supervision and visitation over all local places of detention of those accused or convicted of crime; and that such local boards, to consist of five members each, shall retain the parole power now exercised by the separate boards of con- trol and shall, subject to the general authority of the central board, be vested with powers of management of the institutions to which they are respectively attached. It is further recom- mended that such central board shall exercise its powers of administration and the supervisory powers which may be vested in it, through an expert Commissioner of Correction, to be appointed by it and who shall be removable by it in its discre- tion, and that such Commissioner shall have the power of appointing, subject to the approval of the central board, such expert deputies, or bureau chiefs, not exceeding six in number, as may be authorized, to assist him in the administration of his office, as follows : (1) A medical director; (2) A dietician; (3) A director of education; (4) A director of industries; (5) A statistician, and (6) A chief parole officer. In order that the divided control here suggested shall not result in friction or in a paralysis of authority, it is recommended that the local boards of management shall be appointed by the central board, and that the central board shall have authority from time to time to make general rules and regulations pursuant to which the local boards shall manage their respective institutions. 2. The Commission conceives that the authority conferred on it by the legislature does not extend to the making of any recom- mendation affecting the management of the charitable institu- tions of the State, which it has not investigated, and which were specifically referred to a distinct commission charged with that 76 Report of Prison Inquiry Commission. duty. But if the legislature should, in its wisdom, decide to enact a more comprehensive measure, putting the correctional and charitable institutions of the State together under a single board of control, then this Commission would respectfully recommend that the plan submitted above for the control and management of the correctional institutions be extended so as to include the charitable institutions and agencies as well. 3. The Commission recommends that the legislature repeal the act of April 16, 1891, vesting the power of parole in the Board of Pardons. 4. The Commission recommends that the legislature repeal the act of March 16, 1914, enlarging the power of the courts of criminal jurisdiction to recall for resentence convicts previously sentenced by them to terms of imprisonment. 5. The Commission recommends that the present Legis- lature adopt a concurrent resolution providing for the submission to the people of the State of an amendment to the constitution striking out the present constitutional provision with respect to the Keeper of the State Prison. 6. The Commission recommends that the present Legis- lature enact appropriate legislation simplifying the procedure for the transfer to a hospital for the insane, or to a home for the feeble-minded or to the Village for Epileptics, of insane, imbecile and epileptic inmates of the penal, correctional and reformatory institutions of the State. 7. The Commission recommends that the reconstruction of wing 3 of the State Prison, for which provision was made by the last legislature, for the construction of a dining hall and assembly room, be discontinued and the funds appropriated for that purpose be returned to the State treasury. 8. The Commission recommends that the existing contracts in the State Prison be terminated not later than July 1, 1918. Conclusions and Recommendations. yy In the foregoing recommendations the Commission has con- fined itself to matters which seemed to it to require immediate action and particularly to such as were essential to the creation of a new and better system of administration for the correctional institutions of the State. The study whose results are embodied in this report have, however, disclosed many other things which, in the opinion of the Commission, require correction. But it has seemed to the Commission that these may well await the determination and recommendation of a central board, such as has been recommended above. They will thus receive the fuller consideration which such a board, aided by its expert advisers, after full consultation with judges and others possessing a wide experience of penal administration, can give to the problem. At the present time, when the great world war is making such unprecedented demands upon the resources of the country, it seems to the Commission especially undesirable to make specific recommendations requiring large outlays of public money. It is the hope of the Commission that by the institution of a new system, such as is here proposed, a substantial step forward may be taken and that that step foward may be retained. Mr. John P. Murray, of the Commission, signs this report with the reservation that, while he approves of the creation of a central board of control for all the State correctional institutions, he is of the opinion that the proposed Commissioner of Correction, acting under the general guidance of such central board, should be responsible for the management of the institutions and that there should be no local boards for the separate institutions. Respectfully submitted, Exhibit A. PRELIMINARY REPORT OF THE PRISON INQUIRY COMMISSION Exhibit A — Preliminary Report of Commission. 81 PRELIMINARY REPORT OF THE PRISON INQUIRY COMMISSION. State House, Trenton, N. J., February 5, 1917. To His Excellency, Walter E. Edge, Governor of New Jersey: Sir — On January 22, 1917, the Honorable Senate and Gen- eral Assembly of the State of New Jersey adopted Joint Reso- lution No. 1, empowering you to appoint a Commission of five persons, and providing that they "separately, or in conjunction with the Governor, shall investigate into the conditions of the penal, reformatory and correctional institutions of this State, and also into what is known as the 'State Use System' and the em- ployment of prisoners on roads, prison farms or in other capacities. The term 'penal, reformatory and correc- tional institutions of this State' shall not include any of the State hospitals, tuberculosis sanatoriums, home for feeble-minded women or any other charitable institution of this State, but it shall apply solely to those which are penal and correctional in their nature. The Commission shall report to the present session of the Legislature the result of its research, and with such recommendations as it may deem advisable." Pursuant to said Joint Resolution No. 1, on January 26th you appointed the undersigned to serve as members of the New Jersey Prison Inquiry Commission. The Commission has the honor to present herewith to you, and through you to the Hon- orable Senate and House of Assembly, the following preliminary report : The Commission met with the Governor at the State House on Saturday, January 27th, at 10:30 o'clock in the forenoon, 82 Report of Prison Inquiry Commission. and immediately organized by the selection of William B. Dick- son as Chairman, and the appointment of Nelson B. Gaskill as counsel. In the interest of economy, the Governor offered the services of one of his secretaries, Mr. Richard A. Porter, to act as Secretary of the Commission. The Commission understands that the penal, reformatory and correctional institutions referred to in the said Joint Resolution include the following, to wit : New Jersey State Prison, involving State Prison at Trenton, the Prison Farm at Leesburg, and the various road camps; State Reformatory, Rahway; State Home for Girls, Trenton; Reformatory for Women, Clinton; State Home for Boys, Jamesburg. Immediately after organization, all the members of the Com- mission, accompanied by the Governor, visited the State Prison at Trenton, spending most of the remainder of the day in an inspection thereof and in questioning some of the officials of the prison and some of the prisoners. On Wednesday, January 31st, the Commission held a public hearing in the State House at Trenton at which the Governor was present. At this hearing the following witnesses were sworn and examined : Morning session: Jacob Shurts, John F. Clark. Afternoon session: Walter M. Dear, Cook Conkling, Charles F. Stevens, Alfred K. Gaskill, Dr. Jacob G. Lipman, Edward E. Reed. Evening session: Richard P. Hughes, Dr. Martin W. Red- dan, Joseph P. McCormack, Dr. Josiah W. Crane. On Friday, February 2d, the Commission held another public hearing at the State House in Trenton, at which the Governor Exhibit A — Preliminary Report of Commission. 83 was also present, and at which the following witnesses were sworn and examined: Morning session: Patrick Quinlan, Frederick Boyd, George Drew. Afternoon session: John J. Nevin, J. H. Sutton, W. S. Ren- dell, D. M. Sawyer, Dr. Frank Moore, Dr. Henry A. Cotton, E. R. Johnstone, C. L. Stonaker. Dr. Henry H. Goddard, Alvah L. Alpaugh. In addition to the public hearings, the Commission has made such examination as the time would permit of the recent official reports of these several institutions and of the Department of Charities and Corrections, relating thereto. The Commission has as yet had no opportunity of personally inspecting the Prison Farm at Leesburg or any of the three road camps at which State prisoners are used, nor has it made any personal examination of the State Reformatory at Rahway, the State Home for Girls at Trenton, the Reformatory for Women at Clinton, or the State Home for Boys at Jamesburg. It has seemed to the Commission highly desirable that it should make a preliminary report to the Honorable Senate and House of Assembly at the earliest possible moment to the end that those defects and abuses, which it has been determined da exist in the State Prison at Trenton, and which require the action of the Legislature for their correction, may be presented! to the Legislature in time for consideration at the -present ses- sion. From the testimony taken at the public hearings, from the reports of the various public officials and from our personal observation, we find the following facts with reference to the State Prison at Trenton: (1) That when a prisoner is received at the State Prison it is customary to place him in quarantine for fourteen days, dur- ing which time he is locked in his cell with no opportunity what- ever for physical exercise. 84 Report of Prison Inquiry Commission. (2) That the medical examination of prisoners and the facili- ties of the prison are not adequate to secure a proper segrega- tion of those prisoners who have infectious or contagious dis- eases, nor to determine whether they should properly be detained in the State Prison or transferred elsewhere for special treatment. (3) That the facilities for physical exercise in the open air are entirely inadequate. (4) That the law that not more than one prisoner shall be lodged in each cell has not been observed (5) That the food served to the prisoners is not satisfactorily cooked and is improperly served to the prisoners in cells and cell corridors ; that there is no dining hall or room large enough for the service of meals. (6) That the facilities for a system of education in the prison, required by law, are entirely inadequate. (7) That prisoners have at times been punished by lodgment in dungeons and by other methods under intolerable conditions. (8) That no method has been established by the prison authorities to create a system of grading and rewards based upon conduct or achievement, this absence of substantial benefits making it impossible to administer punishment by the deprivation of benefits. (9) The law regulating contract labor in the State Prison is violated in that more than one hundred prisoners are assigned to one contract, and the products of prison labor are not marked, as required by law. (10) That under existing conditions a prisoner committed to the State Prison suffering from tuberculosis, upon a sentence for two years or more, is practically sentenced to death by disease. (11) That prisoners at the Leesburg Farm and the road camps, by reason of absence from the State Prison, lose their Exhibit A — Preliminary Report of Commission. 85 opportunity to appear in person before the parole authority, and are likewise deprived of the privilege of receiving visitors, ordi- narily accorded to them at the State Prison. (12) That by reason of the fact that the Board of Prison Inspectors meet once a month for the consideration of parole applications, and consider in advance only those cases which will fall within the week following the meeting, prisoners whose minimum sentence expires within the next three weeks are com- pelled to an extension of the minimum sentence up to a period of three weeks, before they have an opportunity to be heard. Since this report is made in advance of the receipt by the Commission of the results of an investigation made by the State Board of Health into the sanitary and hygienic conditions exist- ing in the State Prison, the Commission makes no comment upon this important matter at this time. It is hardly possible in this preliminary report to accurately determine the responsibility for conditions, or to appraise with fairness how much is inherent in the present type of prison con- struction, how much is due to immediate prison management, and how much to divide responsibility in supervision of that management. Obviously, it is important that pending a com- plete inquiry into the past, such conditions as may be corrected by structural changes in the present prison and improvements in management should be corrected immediately. We therefore recommend : First: That there should be an immediate physical and mental examination of all prisoners to the end that a classification may be made showing those who are normal and those who are abnormal or subnormal, and showing also those who are afflicted with a contagious or infectious disease. This examination should be made with modern expert tests, to the end that tuber- culosis in its incipient stage may be detected and that syphilitic prisoners may be known even though that disease has not reached 36 Report of Prison Inquiry Commission. its aggravated stage. The examination as to mental capacity- should be conducted by modern psychiatric experts. To make these examinations will require additional outside medical ser- vice and the provision of the requisite apparatus. We recom- mend that the Legislature appropriate for this purpose the sum of $5,000. The result of this examination will be used as the basis of future recommendation. Second: That there should be a segregation of the prisoners as promptly as possible, based upon the results disclosed by such examination. The regulations with reference to quarantining prisoners should be altered in such respect as to prevent incar- ceration of a prisoner in confinement without opportunity for exercise for fourteen days merely because he is in quarantine. Third: That the vacant ground between the prison building and the canal, lying just south of the Warden's house, be utilized as a field for physical exercise in the open air ; that a reinforced concrete wall be placed about such ground, utilizing prisoners in the labor connected with the erection thereof; and that there be appropriated for the materials and supervision in connection with the building of said wall and the fitting of said field the sum of $5, 000. Fourth: That Wing 3, which is now unused, be changed into a dining hall, and that a story be added to furnish an assembly room, the present chapel being entirely inadequate, to be used either for religious services, for school purposes or for such other purposes for which an assembly room may be required; that the work on this alteration be done by the labor of the pris- oners ; and that to cover materials and supervision an appropria- tion of $30,000 be made. Fifth: That a prison school system be at once organized with the advice of the State Board of Education, as required by law. So far as possible prisoners themselves should be used as teach- ers in this school and emphasis should be laid upon teaching for- eigners the English language. For the purpose of improving the school facilities, including the acquisition of textbooks, the sum of $1,500 should be appropriated. Exhibit A — Preliminary Report of Commission. 87 Sixth: That those men who are physically able and whose previous record and conduct in prison warrant the transfer should be placed at work on the Prison Farm at Leesburg or in one of the road camps, provided there are facilities at the farm or in the road camps to receive them. To the end that the facili- ties for outdoor work be increased as soon as possible, an appro- priation of $1,500 should be made for increase of road camp equipment. Seventh: The dungeons should be bricked up, and the law with reference to the number of prisoners in a cell should be observed. Eighth: So soon as possible a careful system of arranging the prisoners in grades based upon their conduct and their work should be devised. This system, in our opinion, should carry with it rewards, the deprivation of which should be an essential element in the administration of punishment. It would be ad- vantageous if transfers to the Prison Farm and the road camps should be made a reward for conduct within the prison walls. In order to accomplish this the work on the farm and the roads should be accompanied by privileges, including perhaps the pay- ment of a better wage than that in the prison, so as to make it in a proper sense a promotion. Ninth: That a covered way to the bath house be built so as to permit the use of the bath house at all times during the year. We recommend that the work on this construction be done by the labor of the prisoners, and that to cover materials and super- vision, an appropriation of $1,000 be made. It will be noted that the foregoing recommendations call for appropriations in an aggregate amount of $44,000. The Com- mission has sought the advice of experts, including the State Architect, in estimating the amount of money required to carry out those recommendations which call for appropriations. At the same time it must be recognized that in any work where a 88 Report of Prison Inquiry Commission. large element is the labor of prisoners there is an opportunity for considerable difference in estimates of cost If practicable, we recommend the appropriation of a lump amount for the pur- pose of improving conditions in the State Prison at Trenton, the money to be expended under the joint direction of the Governor, the Board of Prison Inspectors and the Chairman of this Com- mission. We have considered the question of removing women from the State Prison to the Reformatory for Women at Clinton, but are not yet prepared to make any recommendations with refer- ence thereto. It would be desirable in many ways if there could be accorded to the women in the State Prison that opportunity for reclamation which has been so successfully applied in the management of the Reformatory at Clinton. The introduction, however, of these women to the Clinton Farm cannot possibly be made until adequate provision is made at the farm to receive them. We have conferred with some members of the Board of Clinton Farm, and they have expressed a willingness, if proper provision be made by the Legislature, to undertake the work. We should hope to make a definite recommendation with refer- ence to this problem as a result of further study. The Joint Resolution specifically calls for an investigation of the "State Use System" and the employment of prisoners on roads, prison farms or in any other capacities. Briefly, the situation is as follows : Prior to 191 1 the governing board of the State Prison was permitted to make contracts with private contractors for the use of prison labor, the contractor paying an agreed price for a unit of labor time and furnishing the material and machines; the State furnishing space within the prison walls in which the work was carried on and also light and power, and also retaining the discipline over the prisoners. In 191 1 the Legislature passed a law abolishing this system and establishing in its place what is known as the "State Use System." By this was meant the pris- oner under direct prison management should work upon goods Exhibit A — Preliminary Report of Commission. 89 which should be used by the inmates of the institution itself or the inmates of other institutions, or upon the public work of the State. The Legislature, however, provided in 19 13 that the existing contracts could be continued until the prisoners could be found employment under the State Use System. From that time the five contracts now in force have been continued, and approximately five hundred men are now employed under the contract system with the right of the State to terminate the con- tracts at will. At the present time there are employed under the State Use System about one hundred and twelve prisoners at the Leesburg Farm, about forty prisoners at Road Camp No. 1, about forty prisoners at Road Camp No. 2, and about twenty- three prisoners at Road Camp No. 3. Within the prison walls, however, there are employed on State Use work at the present time only five prisoners. These five men are employed in the knitting plant, which is running short-handed because of a sur- plus of finished material on hand. Its full capacity is about thirty-five men. The following table is presented by the present Warden, as showing the present prison population and its arrangement for occupational purposes : Required for operation of the Prison, 296 Not available for physical work on account of mental or physical incapacity 90 Not available for outside work on account of character or criminal record S 20 Nurses and sick in hospital 35 Women, 16 Now available for outside work 288 Total in Prison 949 Total now in Road Camps and on Prison Farm, . . 215 Grand total, 1,164 We venture no opinion at this time upon what is confessedly the almost complete failure of the State Use System within the Trenton prison walls. The careful analysis of all those lines of 90 Report of Prison Inquiry Commission. work upon which prison labor could be utilized for the State will entail a complete survey of not only the road situation in New Jersey and the reclamation of swamp lands, but also the inter-relation of the various institutions of the State, the relation of prison labor to county and other local institutions, including the public schools. An inquiry accurate enough to warrant legis- lative action cannot, in our opinion, be completed before the time when the present session of the Legislature would normally ter- minate. All the evidence presented to us is to the effect that it would be detrimental to the welfare of the prisoners should con- tract labor be terminated, until provision is made for the employ- ment of the men so released. The testimony of the Farm Super- intendent is to the effect that about three hundred men can be utilized to advantage on the Prison Farm at Leesburg, where one hundred and twelve men are now employed and additional accommodations for about one hundred more are nearing com- pletion. The additional accommodations required to provide for the full efficient complement on this farm should be provided as rapidly as possible, and as soon as the accommodations now under construction are completed the additional number of men should be detailed to the Prison Farm and contract labor in the State Prison immediately diminished to a proportionate extent. About one hundred additional men can be accommodated in road work by the provision of additional facilities in the road camps which, the Commission is informed, can be furnished within ten days or two weeks after the requisite appropriation of $1,500 is provided. The use of prison labor upon the various works sug- gested by this report in and about the State Prison will occupy the labor of a considerable number of prisoners, and this work, together with the possibilities of outside work on the farm and road camps, should be given immediate preference over contract work within the State Prison. In the meantime, the Prison Labor Commission and the Board of Prison Inspectors should diligently co-operate to select and install, with the funds avail- able, additional branches of State Use work, in order that per- Exhibit A — Preliminary Report of Commission. 91 manent provision for prison labor, so far as possible, be ready to absorb the time and labor of those individuals who cannot be sent to the farm or the road camps or used in the operation of the prison system. The installation of a plant for the manufac- ture of automobile tags has been suggested, but the determina- tion of this or any other State Use work seems to be now pecu- liarly the function of the Prison Labor Commission. The law and the practice with reference to the pardoning and paroling of prisoners also demands careful study and attention. With the introduction into the laws of New Jersey in 191 1 of the indeterminate sentence, it became possible for the Board of Inspectors of the prison to release prisoners upon parole, appar- ently no adequate provision being made at that time for a suffi- cient number of parole officers to enable them effectually to exer- cise their powers. At the same time the pardoning power re- mains with the Court of Pardons. Finally, your Commission feels that the fundamental problem in connection with the prison and other penal and correctional institutions is to determine the point of view which the State and its agents are to assume toward those confined in correc- tional institutions. The first consideration in any system of penology would seem to be clearly the protection of society, but protection of society means not only the temporary withdrawal from society of those who have broken its laws, but the prepara- tion, so far as possible, of the withdrawn members for a position in society when they return to it. To this end every practical measure should be adopted to insure the maintenance of high standards of health and physical development. Prisoners who are diseased should be given a chance for restoration to health. The well should not have their health hazarded by being forced to submit to the danger of contagious or infectious disease. So far as possible systematic school and vocational courses should be conducted, and wherever practical prisoners should be trained in occupations which will enable them to become self-supporting on their discharge. While the State should be relieved as far 92 Report of Prison Inquiry Commission. as practicable from the burden of maintaining the prisoners, and to this end the profitable employment of the prisoner is desirable, we believe that greater stress should be placed upon the future advantage to society of having the prisoner leave the institution strong in health, capacity and character than upon any tempo- rary profit which can be secured from the use of his time while in prison. The improvement of the prisoner in character and capacity depends not alone upon the physical conditions that sur- round him, but primarily upon his own will to improve. The creation or inducement of this will to improve must always be one of the most important tasks of the Warden and his helpers. It involves a co-operation in aim between the prison authorities and the prisoners. While it is not difficult to lay down these general principles it is most difficult to apply them in practice to a number of institu- tions, all of which have existing plants, and managements already provided by law. To recommend changes in method of manage- ment without the most careful examination of the existing laws, of the conditions which brought about those laws, of the reforms desired to be effected, and the reasons the expected reforms have not been attained, would be to invite disaster. We, therefore, recommend that if the Honorable Senate and House of Assem- bly desire the Commission to make a comprehensive report upon the penal and correctional institutions of the State, that the Com- mission be asked to report on or before the first day of January, 19 18, that its powers be continued until that date, and that an appropriation be made in such amount as the Honorable Senate and House of Assembly deem proper to enable the Commission to properly carry on its work. For the guidance of the Honorable Senate and House of As- sembly, the Commission would state that its expenses to date have been $500, being the amount paid for counsel fees, the ex- pense of a Secretary being saved by the Governor's kindness in permitting the Commission to use his assistant secretary, and the Exhibit A — Preliminary Report of Commission. 93 personal expenses of the members of the Commission in their trips to Trenton having been borne by themselves. Of the original appropriation of $3,000, there is, therefore, un- expended the sum of $2,500. Respectfully submitted, WILLIAM B. DICKSON, SEYMOUR L. CROMWELL, HENRY F. HILEERS, DWIGHT W. MORROW, JOHN P. MURRAY. Exhibit B. STATISTICS RELATING TO THE COUNTY JAILS AND WORKHOUSES OF NEW JERSEY Exhibit B — Statistics of Jails and Workhouses. 97 Statistics Relating to the County Jails and Work- houses oe New Jersey. The following tables of statistics were gathered in connection with an investigation of the jails, workhouses and other local places of detention in the State of New Jersey which was made between September 15 and October 16, 191 7. The statistical information was obtained partly from personal investigation of the records of the several institutions, supplemented by inquiry from individual inmates, and partly from data supplied by the sheriffs of the several counties and the wardens of the institu- tions. The utmost care has been taken to insure accuracy in the collation of the information so obtained. It is hoped that such unavoidable errors as have crept into the tables will not be such as materially to affect the conclusions to be drawn from them. The tables show the flux of the jail and workhouse popula- tion during the five years of 1912 to 191 6, and give with sub- stantial accuracy and completeness the comparative number of those serving time and of court prisoners awaiting trial or the final disposition of their cases. But as the records of the dif- ferent institutions vary considerably as to the data recorded, in such matters as the age or terms of sentence of those confined and, in some instances, even as to sex and cause of detention, care must be exercised in comparing totals of columns in which the number of counties reporting is not the same. 98 Report of Prison Inquiry Commission. TABLE OF CONTENTS. Table I. Total number of prisoners confined in all county penal institutions at time of visit, classified by sex, cause of detention, age, term of sentence and offense. II. Total number of convicted prisoners confined in all county penal institutions at time of visit, classified by sex, cause of detention, age, term of sentence and offense. III. Total number of female prisoners confined in all county penal institutions at time of visit, classified by cause of detention, age, term of sentence and offense. IV. Total number of prisoners admitted during the five- year period 1912 to 1916 inclusive, in all county penal institutions, classified by sex, cause of detention, age, term of sentence and offense. V. Average number of all prisoners admitted annually during the five-year period 1912 to 1916 inclusive, in all county penal institutions, classified by sex, cause of detention, age, term of sentence and offense. VI. Total number of prisoners admitted to all county penal institutions during the year 1912, classified by sex, cause of detention, age, term of sentence and offense. VII. Total number of prisoners admitted to all county penal institutions during the year 1913, classified by sex, cause of detention, age, term of sentence and offense. VIII. Total number of prisoners admitted to all county penal institutions during the year 1914, classified by sex, cause of detention, age, term of sentence and offense. IX. Total number of prisoners admitted to all county penal institutions during the year 1915, classified by sex, cause of detention, age, term of sentence and offense. X. Total number of prisoners admitted to all county penal institutions during the year 1916, classified by sex, cause of detention, age, term of sentence and offense. Bxhibit B — Statistics of Jails and Workhouses. 99 Table XL Total number of female prisoners admitted during the five-year period 1912 to 1916 inclusive, in all county penal institutions, classified by cause of detention, age, term of sentence and offense. XII. Average number of all female prisoners admitted annually during the five-year period 1912 to 1916 inclu- sive, in all county penal institutions, classified by cause of detention, age, term of sentence and offense. XIII. Total number of convicted prisoners admitted during the five-year period 1912 to 1916 inclusive, in all county penal institutions, classified by sex, cause of detention, age, term of sentence and offense. XIV. Average number of convicted prisoners admitted an- nually during the five-year period 1912 to 1916 inclu- sive, in all county penal institutions, classified by sex, cause of detention, age, term of sentence and offense. XV. Capacity of county jails and workhouses. New Jersey— County Jails and Workhouses. TABLE I. Total Number of Prisoners Confined in all County Penal Institutions at Time of Visit, Classified by Sex, Cause of Detention, Age, Term and Offense. INSTITUTION DATE VISITED SEX CAUSE OF DETENTION AGE TEEM OR SENTENCE CRIME OR OFFENSE INSANE COUNTY a (a bo if M £8 to a 1) co CO l> a % 5 6 CO 00 . > w c O CO U a o O CO o CO o 0> > o •0 a a a o a a O ■a S" ea © ■ ■a 2° S3 6 a CO o d 5 o CD •a o o a 5 a « o O CP n ci CO ■§• f, eg •«fi U Oct. 8,1917 Sep. 29, " Oct. 6, " " 10, " '.'.'■'■'.'. " 9, " " 4, " " 2, " " 11, " Sep. 26, " " 19, " " 21, " Oct. 1, " Sep. 18, " Oct. 3, " " 5, " Sep. 27, " Oct. 16, " 62 53 84 81 7 23 169 29 9 152 4 98 79 85 47 10 124 33 16 18 76 26 5 3 4 8 3 1 17 14 1 21 9 6 19 3 1 19 5 28 30 7 46 6 4 129 120 5 114 2 84 38 57 26 7 86 11 10 9 inc. 1 lockuo 38 22 85 22 30 43 1 19 87 5 49 2 27 38 43 23 4 99 22 5 9 39 3 1 l 3 3 1 1 3 10 10 5 20 18 6 28 5 1 70 7 4 73 1 25 27 35 15 6 40 12 6 4 28 11 36 25 27 49 5 16 95 4 4 76 2 68 52 57 33 4 80 16 9 12 30 13 8 10 16 33 1 13 8 5 3 1 2 22 2 3 1 3 24 13 22 21 9 8 8 20 1 7 6 2 2 1 5 9 8 Cape May 16 l 3 19 7 1 i 1 21 31 1 17 9 5 11 2 1 12 4 1 2 15 6 29 12 31 5 1 2 2 40 l 7 1 1 1 5 3 19 18 10 14 9 1 15 3 5 1 6 2 2 26 2 35 27 28 7 1 54 9 ""s - 21 1 1 6 ...... 2 3 1 1 5 10 42 2 24 36 37 19 2 61 6 3 9 19 1 7 43 2 6 3 2 87 16 2 5 Middlesex Monmouth Morris. " YYY.".'.'.'.'.'.'.'.'.'.'.'.'.. 9 2 "i" 1 '"'e' l 23 10 ...... [1 unknown] « ■ 3 2 3 10 1 1 i« " 24, " " 25, " " 22, " " 15, " " 26, " " 20, " 1 u 1 1 3 3 1 9 2 18 2 2 Workhouse or Peni- 1 1,229 218 241 105 189 42 30 10 682 555 260 269 115 39 5 47 40 35 167 9 16 4 443 90 107 20 578 161 148 91 7 161 1 5 14 810 78 119 61 18 14 6 14 149 136 35 86 18 1 6 5 4 385 62 99 63 201 186 152 46 5 3 20 7 4 9 [1 unknown] 2 504 82 644 2 29 217 400 20 258 20 320 19 9 223 384 30 9 1,783 221 2,001 682 1,199 39 5 47 42 35 196 659 978 7 181 568 38 334 105 15 608 585 85 13 [1 unknown] jf e w Jersey— County Jails and Workhouses. TABLE II. Number of Female Prisoners, Classified by Cause of Detention, Age, Term and Offence. Time of Visit. [For Dates see Table I.] DATE VISITED Total CAUSE OF DETENTION " AGE TERM OR SENTENCE CRIME OR OFFENSE COUNT' t INSTITUTION j 'S; : £» sS 0. 5 " V S m «3 1 a 5 so CO b £ M c O to p to CO > a CO a a a U •0 B t. a « ,T3 d S £ i ■0 a ■* . > tH a a-" □ fp M . I 1 m g 3 Atlantic... — Jail 3 2 Bergen 3 2 1 5 2 1 3 4 Burlington . .... 4 1 1 2 1 Camdec — . . . . j 8 2 1 3 1 1 1 Cape May.. 3 '"3" 1 6 3 3 ........ Cumberland 1 i •Essex 17 4 1 1 1 4 Gloucester . 1 !• 6 6 8 1 Hudson 21 14 1 HuDterdon. : • 4 15 7 13 Middlesex . . 2 6 9 '"2" : 3 insane Mercer 3 3 2 Monmouth . Morris 19 3 6 2 2 j. "2" 1 1 2 2 6 5 "ii" 1 1 4 7 "i" 1 5 8 1 "i"' 1 Ocean *-* 1 3 1 Passaic a 19 16 1 Salem Somerset . . . 8 5 11 7 9 18 ""3"' Sussex Union ^ 5 14 Warren ♦Essex ".'.'.'. He us 3 of Detention... H H 02 "5" "4" ! '"5" "i6" 1 '"4" 3 1 2 3 ""3"" " "a" 139 47 70 12 10 4 25 28 69 13 23 37 4 6 60 10 )i-k 42 30 10 42 80 10 j :::::: "i" 19 10 1 23 20 8 "i" 19 23 5 16 7 7 '4 21 21 7 19 9 3 2 Hudson Mercer :::: 82 82 1 1 80 51 1 47 23 11 49 81 2 = 22! 47 152 1. 10 4 26 58 120 13 24 84 27 17 109 41 2 New Jersey— County Jails and Workhouses. TABLE III. Number of Convicted Prisoners Serving Time, Classified According to Sex, Age, Terms and Offenses. Time of Visit. [For Dates see Table I.] " INSTITUTION SEX AGE TERM OE SENTENCE CRI51E OR OFFENCE COUNTY j Under 16 16 to 20 21 to 30 31 and over Unknown 1 mo. and under 1 to 6 mo. 6 to 12 mo. 1 yr. and over Fine only lndef. Disorderly Persons 5Iisc. Abandon- ment, etc. Drug "5 s M. F. M. F. 51. F. M. F. M. F. 51. F. M. F. M. F. 51. F. M. F. 51. F. 51. F. M. F. 51. M. F. 33 21 27 37 1 18 33 5 2 35 36 21 34 22 4 83 22 5 9 34 3 2 1 3 6 3 1 1 10 5 4 11 1 4 9 2 20 15 22 26 2 1 3 6 8 10 15 80 1 13 7 2 2 19 26 7 21 6 1 45 9 8 1 1 3 5 3 20 2 8 2 22 12 li) 17 2 3 4 9 8 8 20 1 7 24 6 2 1 5 8 5 1 3 i 1 1 1 « :::::.:::::::::::::: 3 2 House of Detention... 1 4 2 1 14 22 S 2 20 29 20 22 16 2 55 14 2 6 14 2 1 3 5 26 3 3 1 9 1 2 29 34 19 29 17 2 48 6 3 9 18 1 4 18 1 2 1 2 6 9 1 1 ? 10 6 1 2 3 4 3 1 4 6 1 9 5 13 9 1 8 3 5 1 6 2 1 1 7 2 4 7 1 9 1 9 1 2 5 8 1 13 2 2 5 5 2 35 16 2 1 1 2 1 ■; :::::::::::::::::::: i 2 1 23 10 Passaic 16 5 1 1 2 22 7 2 3 11 1 10 1 5 3 5 4 1 1 5 19 1 2 2 1 6 3 I 3 16 2 2 3 20 7 485 218 239 105 70 42 30 10 25 9 16 3 3 1 128 7) 97 19 18 19 10 1 326 138 126 83 49 23 20 8 6 128 1 5 13 22 1 250 59 94 56 38 19 23 5 14 14 6 10 133 134 31 4 16 7 4 80 11 6 7 3 308 41 78 55 58 21 21 7 174 167 141 43 12 19 9 3 3 7 2 1 4 562 82 28 1 187 30 347 51 19 1 209 47 20 298 27 12 7 4 174 49 351 31 30 7 2 1,047 152 53 4 315 48 673 100 6 147 23 459 85 34 308 31 92 13 7 482 107 525 43 30 10 2 TABLE IV. Number of Prisoners Admitted in the County Jails and Penitentiaries During the Five Years 1912 to 1916 Inclusive. PEEIOD COVERED (1912-1916 inclusive, un- less otherwise stated) SEX CAUSE OF DETENTION AGES TERM OR SENTENCE CRIME OR OFFENCE INSANE COUNTY M. F. Total OS n ® a H be a '> u CO 02 CO « 05 5 6 00 3 2 o a o O CO Total CO u 4) a g o o 55 o +} a* s- cy > o •a a 03 CO s o a M a U Total u 0) a 3 a C3 d a d a CD o a « o CO CU > o re a cS u >> fi O o; d 5 B ° O • B ■9 9 a 3 Total fea 1 6 00 i +3 a 9 a a o ■a a OS J2 ■4 Total Sr-l o a ■as |8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 23 24 25 26 27 38 1. Jails (unless otherwise stated) 2,389 4.025 3,813 6.942 380 1,570 14,588 3.868 1,566 16,008 453 4,339 3.598 6,465 8,000 433 12,759 1,648 1.420 586 4,397 706 2,709 4,639 373 358 256 966 42 105 2,490 800 45 1.868 18 536 864 528 171 11 1,631 117 56 13 416 22 1,036 540 2,712 4,383 4,069 7,908 422 1,675 17,078 4,663 1,611 17,876 471 4,875 3,962 6,993 3,171 444 14,390 1,765 1,476 599 4,813 728 3,745 5,179 1,691 796 747 878 3.463 387 958 12,234 4,379 679 9.990 269 2.852 1.309 2.729 1,358 £8 7,789 817 821 SH8 1.417 513 1,841 1.347 3,038 4,028 109 705 8,758 161 919 5,695 194 1,650 2,575 4.190 1,669 860 5 675 913 655 251 3.123 216 3,740 5,179 1,691 64 177 22 284 26 12 o 734 128 13 544 8 125 78 74 12 1 99 19 '"« 8f 11 59 43 2,712 4,383 4,069 7,908 422 1,675 17,078 4,663 1,611 17,876 471 4,875 3,962 6,993 3,171 444 14,390 1,765 1,476 599 4,813 728 3,745 5,179 1,691 111 227 150 15 81 3,281 36 2,049 100 137 141 58 9 785 38 4 379 794 no deta no de 49 204 o 1,479 o 550 173 3,101 no de 613 840 447 268 13 1,888 207 110 details 804 no de 116 463 no de 935 1,525 ils give tails ei 125 495 o 4,728 533 5,772 tails 1,702 1.305 2,025 847 76 5,482 702 661 not gi 1,818 tails gi 1.262 1,719 tails gi 1,042 1,805 n ven 159 785 o 6,730 607 6,833 2,459 2.050 4,380 1,264 346 6,193 802 705 ven 2,191 ven 2,867 2,997 ven 245 32 4.069 150 74 110 4,141 882 2«3 121 471 1 ISO 789 42 16 595 728 1,691 2,712 4,383 4,069 7,908 422 1,675 17,078 4,663 1,611 17,876 471 4,875 3,962 6,993 3,171 444 14,390 1,765 1,476 599 4,813 728 3,745 5,179 1,691 341 2,546 70 378 336 3,762 88 868 1,707 966 320 4,054 72 122 1,932 141 269 417 no d no d 750 27 289 no d no d 200 1,395 51 483 788 no d 193 25 1,529 89 no d 60 670 67 1,889 nod no d 79 etails etails 38 3 6 etails etails 12 84 4 122 77 etails 1 30 1 etails 4 212 93 etails etails 103 iven given 503 3 given given 16 52 3 227 2 given 2 62 given 3 1 2 792 given given 24 97 9 26 9 402 45 878 1,347 3,028 4 3,758 161 346 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,740 5,179 1,691 696 no 978 2,920 90 613 1,145 details 2,006 971 19 90 44 137 2 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,740 5,179 1,691 2,052 1 99 Cumberland Essex 1912 to 1915 98 254 Essex (House of Detention) . . 1912tol915 Gloucester 134 785 190 1,457 1,190 Hunterdon Aug. 1914 to Sept. 1917. . 104 1,211 2.510 8,330 1,584 346 4.888 538 90 439 16 860 114 14 787 352 49 11 28 23 235 1913 to 1916 494 14 1 4,190 4 Monmouth 2 66 8 3 12 142 23 811 13 1 174 5 Ocean 1914 to 1916 Passaic Salem 751 61 308 6 668 655 1 29 5.179 1,691 Somerset June 1914 to Oct. 1917. . . Sussex Union "".'. 245 2,166 167 2.232 3,839 6 785 49 1,247 1,462 172 261 378 7 Warren 2. Workhouses Hudson 1914 omitted 1913 to 1916 _ 102,246 1S,762 116,699 51,630 53,662 2,508 542 4,872 480 116,699 7,172 11,992 31,712 43,715 12,727 116,699 18,072 8.875 761 1,768 2,914 21,272 53,662 23,036 11,247 1,082 53,662 1,396 o Data given for only three years. TABLE V. Average Number of Persons Admitted Annually in the County Jails and Penitentiaries During the Five Years 1912 to 1916 Inclusive. PERIOD COVERED (1912-1916 inclusive un- less otherwise stated) SEX CAUSE OF DETENTION AGES TERM OE SENTENCE CRIME OR OFFENCE INSANE COUNTY M. F. Total u S • n a B to a > u o 02 'ii Vi S> a 6 6 Vi m o '> a o o 13 Total «o U 0) ■3 a P o c* O to p CO $ > o •a a « CO a Is o p M a Total s- CO gj S3 d a CO O d a C3 o CO u a) > o 13 a eg u 5» a o S Total X) CO Ch Eh o O a o ai a 0) a o *u a ■A Total ■sfl 3. s M ° 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Jails (unless otherwise stated) 468 805 763 1,888 76 314 3,647 966 313 3,202 151 868 899 1,293 600 144 2,552 380 428 117 879 141 542 928 ? 75 72 51 193 8 21 623 200 9 373 6 107 91 106 34 4 326 23 17 3 88 4 207 108 ? 543 877 814 1,581 84 335 4,270 1,166 322 3,575 157 975 990 1,399 634 148 2,878 353 443 120 962 145 749 1,036 423 160 150 176 693 57 192 3,059 1,095 136 1,998 89 570 327 546 272 19 1,548 163 246 68 283 102 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1.135 183 197 50 625 43 748 1,036 423 13 35 4 57 5 2 184 o 41 2 109 3 25 19 15 2 20 4 2 12 9 6 543 877 814 1,581 84 335 4,270 1,166 322 3,575 157 975 990 1,399 634 148 2,878 353 443 120 962 145 749 1,036 423 22 46 SO 8 16 808 7 410 20 34 28 12 3 157 8 1 76 159 no deta no 10 41 493 o 183 34 620 no deta 122 85 90 52 4 378 41 33 no 161 no deta 23 93 no deta 187 305 ils give details 25 99 1,576 no de 107 1,154 ils give 340 326 405 169 25 1,096 140 198 details 363 ils give 252 344 ils give 209 361 n 32 157 o 2,243 tails 121 1,367 n 492 513 876 253 116 1,289 161 212 438 n 474 599 n 49 6 814 1,551 14 22 858 58 24 157 32 148 8 3 119 '""145 423 543 877 814 1,581 84 335 4,270 1,166 322 3,575 157 975 990 1,399 634 148 2,878 353 443 120 962 145 749 1,036 423 68 529 14 76 6" 752 30 174 427 193 107 811 14 24 386 28 54 83 no de no de 150 5 58 no de no de 40 279 18 87 197 no de 89 8 306 18 no de 12 134 18 378 no de no de 16 tails tails 7 1 20 given given 100 5 19 2 6 2 81 15 45 176 269 605 939 40 69 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 139 229 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 410 20 20 1 20 195 584 18 401 194 4 9 27 1 1 1912 to 1915 25 63 tails tails 8 17 1 24 19 tails given given 3 10 1 1 given Essex (House of Detention).. 1912 to 1915 27 157 38 291 238 Aug. 1914 to Sept. 1917... 35 212 6:38 666 807 115 978 107 30 88 4 172 23 5 157 70 12 2 6 5 45 1913 to 1916 99 5 838 1 i 13 1 28 8 162 2 1914 to 1916 6 12 151 12 68 1 134 197 6 1,036 423 June 1914 to Oct. 1917... tails 1 42 18 tails tails given 1 1 158 given given 1 17 1 2 49 433 33 446 668 1 157 10 250 292 35 52 16 1 35 2. "Workhouses 1 1914 omitted 21,812 2,744 24,979 11,949 11,281 558 115 976 110 24,979 1,605 2,698 7,111 9,863 3,926 24,979 3,754 1,825 156 808 689 4,599 11,281 5,670 2,241 219 11,281 o Data given for only three years. TABLE VI. Number of Prisoners Admitted in the County Jails and Penitentiaries During the Year 1912. SEX CAUSE 01 "" DETENTION AGES TERM OR SENTENCE CRIME OR OFFENCE INSANE COUNTY M. 1 F. Total s H a > « CD (A CD a %■ 5 n 'F a o O GO D Total to IU CD □ 11 o o CO o CO o ©J u CD > O ■a a CS 53 a it o a M a Total u V "3 a 2 •a a d a d a to O 6 a ©* o CO > o a 03 C o 9 E a a; a Total Si o c u O CD .»P-I Q ca at i a u 03 W 03 03 03 09 03 a 1 5 6 03 '> a o O Total «5 Cm a o O to Q CO O o* u > o ■o a CO- CO a s o B a fc) Total 03 a 3 •a a a 6 S d S o d a o w u 0J > O a cS u a o 03 a a of i— i Total is o « o O 03 O 00 i 4J a 03 S a o •o a CO 3 ■< Total '"CO |l 3 3 oo CD 1 2 3 4 5 6 7 8 9 10 11 12 IS 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Jatls (unless otherwise stated) 418 no de 764 70 tails 56 488 given 820 1,586 77 349 4,445 1,147 343 3,604 given 815 746 1,280 576 given 3,094 209 given 143 1,019 given 824 1,085 407 282 185 49 195 3,297 1,090 44 1,872 513 262 506 245 1,874 98 73 299 192 607 no 23 151 773 10 295 1,800 2411 472 762 325 1,006 105 70 663 821 1,085 407 7 2 detai 5 3 265 47 4 100 18 12 12 1 27 1 7 10 Is giv 488 820 1,586 77 349 4,445 1,147 343 3,604 815 746 1,280 576 3,094 209 143 1,019 824 1,085 407 16 no no 5 19 970 3 433 10 15 37 10 135 8 1 no 59 detai detai 11 45 526 177 29 614 107 79 78 46 458 26 no 163 24 89 detai 172 Is giv Is giv 23 109 1,426 36 en en 15 158 2,493 205 820 1.586 23 18 488 820 1,586 77 349 4,445 1,147 343 3,604 815 746 1,280 576 3,094 209 143 1,019 824 1,085 407 53 14 76 77 813 180 887 153 734 5 44 413 60 94 no de 8 68 no de no de 130 268 61 121 node 54 264 4 118 398 node no de 9 tails 2 given 18 no de 1 4 21 607 tails 773 10 83 204 192 607 given 23 151 773 10 295 1,300 241 472 762 325 1,006 105 70 663 821 1,085 407 102 164 16 118 90 435 7 33 8 192 607 23 151 773 10 295 1,300 241 472 762 325 1,006 105 70 663 821 1,085 407 Burlington 16 en 09 326 3,877 934 339 3,230 no 738 680 1,180 534 no 2,743 194 no 140 911 no de 645 974 8 23 568 213 4 374 data 77 66 100 42 data 351 15 data 3 108 tails 179 111 17 node 47 3 tails 285 98 given 40 3 tails tails 5 15 22 13 tails given given Essex (House of Detention).. 20 275 120 1,120 293 244 340 200 1,213 78 detai 373 288 866 Is giv 166 1,898 404 382 825 800 1,287 97 Is 483 562 630 en 25 39 11 26 20 1 1(2 407 296 28 1 given 187 467 649 811 901 71 54 5 113 14 105 34 Monmouth 118 762 14 1 5 173 4 8 96 19 97 197 1,085 407 4 30 1 26 3 35 18 tails tails 148 given given 459 529 748 170 233 257 34 59 85 2. Workhouses Hudson Mercer 18,696 2,368 23,057 10,884 9,838 534 100 509 136 23,057 1,662 2,531 6,315 9,236 3,323 23,057 2,909 1,595 120 187 545 3,952 9,308 4,737 1,825 186 9,308 300 TABLE VIII. Number of Prisoners Admitted in the County Jails and Penitentiaries During the Year 1914. SEX CAUSE OF DETENTION AGES TEEM OR SENTENCE CRIME OR OFFENCE INSANE COUNTY M. F. Total s a V u DC CO a V 5 CO s m V a o o W iS Total cu •a a S3 o ID o CO s at > o ■o a C8 CO a o a M a Total 03 ■3 a 3 •a a 3 6 S o S CD o 6 a o u O t- o ■a a a o CD a E a t. o °.s a Total £3 |£ Xi u t, ID CO** 5 CO a S a o •a a 3 < Total •"CO •o a T3 3 3 3 O O 1 2 8 4 5 6 7 8 9 10 11 12 13 208 Is giv Is giv 30 113 1,718 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Jails (unless otherwise stated) 536 no de 822 96 tails 50 652 given 872 1,667 94 350 4,543 1,303 213 4,168 given 1,124 1,056 1,514 702 90 3,157 258 given 144 991 given 714 1,001 411 73 165 68 200 8,479 1,256 99 2,216 663 326 605 829 12 1,754 99 83 330 557 663 no 26 148 739 114 1,492 371 718 885 366 69 1,185 154 56 600 714 1,001 411 22 9 detai 652 872 1,667 94 350 4,543 1,303 213 4,168 1,124 1,056 1,514 702 90 3,157 258 144 991 714 1,001 411 29 no no 3 11 1,106 3 451 23 31 28 12 7 197 4 1 101 detai detai 13 56 576 197 14 775 168 98 100 95 3 441 37 no de 186 17 120 no de 294 en en 39 154 2,249 20 872 1,667 9 16 652 872 1,667 94 350 4,543 1,303 213 4,168 1,124 1,056 1,514 702 90 3,157 258 144 991 714 1,001 411 102 21 62 70 976 219 454 238 63 797 13 18 854 44 94 no de no de 3 73 no de no de 24 342 82 229 no de 35 4 313 17 18 137 327 no de no de 20 tails tails 28 given given 5 2 10 2 308 663 739 15 128 557 663 26 148 739 114 1,492 371 718 885 366 69 1,135 154 56 600 714 1,001 411 150 187 24 124 407 464 2 24 12 557 663 26 148 739 114 1,492 371 718 885 366 69 1,135 154 56 600 714 1,001 411 13 Is glv 22 en 88 824 3.873 1,077 204 3,756 no de 1,000 953 1,402 680 85 2,785 238 no de 142 924 do de 457 887 26 670 226 9 412 tails 124 103 112 22 5 372 20 tails 2 67 tails 257 114 2 205 47 1 ta Is tails 6 26 12 34 tads 2 given given 25 58 1 given 1 24 96 Ess*-x (House of Detention) . . 13 101 95 1,388 423 345 383 215 22 1.244 105 tails 394 325 368 tails 91 1 536 510 581 994 315 68 1,260 112 given 411 372 513 given 10 18 6 35 15 143 411 121 36 12 24 1 24 4 815 51 303 242 702 723 349 69 978 101 55 392 385 610 129 8 162 IS 13 94 2 885 8 6 9 221 8 4 33 1 5 22 14 1 10 15 157 52 1 165 280 325 1 43 49 66 124 19 58 153 1 5 1,001 411 39 51 18 iails tails 167 given given 297 2. Workhouses 20,253 2,693 25,024 11,756 10.219 540 80 615 147 25,024 1,906 2,901 7,406 9,489 3,222 25,024 3,426 1,695 178 469 4,154 10,219 5,035 2,385 188 10,219 803 TABLE IX. Number of Prisoners Admitted in the County Jails and Penitentiaries During the Year 1915. SEX CAUSE OF DETENTION* AGES TEEM OR SENTENCE CRIME OR OFFENCE INSANE COUNTY M. F. Total w t a! 3 EH u □ > IS w CO « CO 1) B 6 Cfl i u '? a o O m Total CD a D o o -w CO s Oi U > O ■a a C3 CO t a M a U Total i h sis d s CO O d a CM i SO o ■a a eS P. 'a o CD a E u a .Sg Total "S S a. w >n o ii ft* i a a a o •a a m ,3 •4 Total a_ cd a II I? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 28 24 25 26 27 28 1. Jails (unless otherwise stated) 556 no de 755 78 tails 55 634 given 810 1.632 103 399 3,949 1,108 384 3,914 given 1.046 1,063 1,582 639 136 2,934 617 given 105 1,031 given 851 987 398 41 218 70 236 2,311 1,036 182 2,497 579 376 660 264 18 1,520 249 62 331 584 537 no 20 159 1,396 72 201 1,000 385 678 902 308 104 1,070 355 42 666 851 987 398 9 6 detai 13 4 154 'i' 117 23 9 20 5 634 810 1,632 183 399 3,949 1,108 384 3.914 1,046 1,063 1,582 639 136 2,934 617 105 1,031 851 987 398 231 Is giv Is giv 25 101 1,584 293 en en 37 216 1,988 1 810 1,632 26 36 634 33 79 no 5 60 no de no de 14 213 124 200 no de 42 6 835 18 18 157 432 no de no de 23 detai 35 Is 5 no de 2 4 409 537 tails 72 120 13 386 321 2 21 ' ' 173 12 584 537 20 159 1,396 72 201 1,000 385 678 902 308 104 1,070 355 42 666 851 987 398 13 is giv 36 en no detai no detai 3 : 12 584 108 537 given 20 159 1,396 72 201 1,000 204 18 138 ' ' ' 28 810 1,632 103 ; 13 96 336 3,275 928 369 3,539 no de 902 951 1,462 599 132 2,624 580 no de 103 949 no de 562 903 7 13 674 186 15 375 tails 144 112 120 40 4 310 37 tails 2 82 tails 289 84 Essex (House of Detention) . . 23 65 972 11 407 17 35 28 12 1 163 9 377 136 47 692 137 119 101 37 6 393 59 399 3,949 1,108 384 3,914 95 67 752 tails taiis given given 27 273 Eg 1,331 381 388 404 80 29 1,114 251 1,465 511 462 1.049 167 100 1,261 288 19 59 343 3 15 105 398 20 41 13 tails 1 10 2 52 258 6 110 5 213 37 2 161 131 5 142 256 321 1 4 27 34 63 78 1,046 168 385 275 Monmouth Morris 62 14 314 3 1,582 639 136 2.934 617 105 1,031 851 987 398 206 97 713 27 14 405 82 given 1 58 902 1 678 902 308 104 1,070 355 672 689 207 102 909 197 15 9 1 15 15 1 12 319 3 38 147 987 398 4 65 22 tails tails 3 1 168 given given 3 16 no 194 27 97 detai 410 801 324 Is giv 427 523 566 en 42 87 666 851 987 398 490 532 588 2. Workhouses 19,665 2,627 2*.321 10,650 10,715 401 88 718 118 24,322 7,049 9,371 8,655 24,322 3,137 1,703 199 3,429 10,715 5,344 2,486 219 10,715 274 567 258 TABLE X. Number of Prisoners Admitted in the County Jails and Penitentiaries During the Year 1916. SEX CAUSE OF DETENTION AGES TERM OR SENTENCE CRIME OR OFFENCE INSANE COUNTY M. 1 F. Total «3 0- a H KD a V 91 O- CO CO a 1 > 5 CO m o V a o a to & Total u ■a E3 © O CO s o CO > o ■a a CO a o a Jt a D Total go Co o> ■a a cS 6 g o s O d S CM o t o ■a a C3 S O a £ & a °is „ • o «! a a «3 Total cu a T3 O O ^ CO * 5 o, 6 CO «3 d s a o •o CO J= U W T. Si 00 en CD a % 5 o a C/3 O > a O t5 Total u 0) a s o +^ to s o 3) > O ■O B 03 CO o a A3 a Total u 0> B •a a SB 6 a 6 a o d s o CD u co t> o ■a p c B O C0 P E B o a o O w £> Total U ■a a o o o so o h o "3 a cs u "a o a> a s a » Total "2 2 m a •o 11 a 6 EC 3 a OJ S a o x: a CS .a < Total INSANE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Jails (unless otherwise stated) 75 78 51 198 8 81 683 800 9 373 6 107 91 106 34 4 826 23 17 8 88 4 807 108 no 24 80 7 13 4 o 117 3 29 19 1 12 8 3 details 51 no no 113 1 8 no no 5 128 3 no 62 no 14 3 no 10 no 1 no 1 207 108 given 75 72 51 193 8 21 623 200 9 373 6 107 91 106 34 4 326 23 17 3 83 4 207 108 no no no details details details given given given given given given given 75 72 51 193 8 21 623 200 9 373 6 107 91 106 34 4 326 23 17 3 83 4 207 108 14 86 1 2 2 74 1 35 9 2 1 1 15 17 2 1 3 9 no no 17 details details 51 given given 113 1 8 given given 5 128 3 given 62 given 14 3 given 10 given 1 given 1 207 108 30 90 1 7 1 128 2 62 13 2 6 1 1 no de no de 21 23 51 113 1 8 5 128 3 62 14 3 10 1 1 207 108 details details given j given no details no details no details Essex (House of Detention) . . 1913 to 1915 details details given given i 5 1 44 1 25 1 1 no no details details 2 8 1 4 • 24 ! o 13 2 o 42 no no no no 5 104 details details details details 9 209 given given given given 10 10 8 4 2 4 1 Aug. 1914 to Sept. 1917. i j 96 1913 to 1916 details given no details details given 1 \ no details 4 details details 1 1 4 details 1 details given given i 1 given 7 given given given 2 1 no 7 no 5 j 10 June 1914 to Oct. 1917. . no no details details details given 1 no no no details 8. Workhouses no 2 details 29 given 77 details details given given tails tails given given j Grand Totals 2,744 314 715 25 | i 2,744 16 54 152 303 * 2,201 2,744 228 112 9 17 9 * 340 715 344 56 715 ■ 96 o Data given for only three years. * There being no separate entries in this column, figure was obtained by simple arithmetic. TABLE Number of Convicted Prisoners Admitted in the County Jails an z=z=~ PERIOD COVERED (1912 to 1916 inclusive un- less otherwise stated) SEX AGES M. F. Total Under 16 16 to 20 21 to 30 31 and over Unknown Total 1 mo . andu COUNTY M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1. Jails (unless otherwise stated) 1,586 255 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,470 5,179 1,691 5 5 114 4 54 38 927 211 70 5 25 1 6 3 28 23 9 169 5 60 hi 9SS 23h 78 e 66 24 115 1,65 878 no de no de no de 31 240 no de no de 209 1,548 no de no de 729 no de 384 52 no de 86 tails tails tails 3 9 tails tails 7 119 tails tails 71 tails 16 2 tails 464 given given given 34 249 given given 216 1,667 given given 800 given hOO 54 given SS8 given given given 44 1,260 1,719 given 809 54 348 466 2,532 1,324 788 295 179 2 17 12 492 140 32 6 988 56 S60 478 3,02k 1,414 820 SOI 1,95 127 2,S65 2,995 223 14 21 176 22 27 842 22 4 4 14 245 34 25 176 22 31 356 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,740 5,179 1,691 270 2,215 67 869 327 3,389 86 71 3,464 103 667 564 6 88 3 9 7 27 36 3 2 1 10 1 11 8 27 46 4 9 Essex (House of Detention) . . 896 5,056 lb6 23 639 8 878 2 Aug. 1914 to Sept. 1917. . . . 1,507 923 314 140 2,327 248 43 1.587 352 72 8 6 2 12 21 70 120 2 23 1 no de no de no de 44 tails tails tails 126 1 20 1 2 247 4 141 2. Workhouses 4,639 455 10 no de tails 22,187 2,457 53,662 87 14 10S 1,901 106 2,218 5,189 458 7.245 9,347 1,266 13,1,73 845 45 902 53,662 9,858 1,098 -In columns it> ana it anu oa auu ou me giauu ia„.£ho »" Ui unknown would include a larger number, for whom no e of unknown with Table V. TABLE XIII. y Jails and Penitentiaries During the Five Years 1912 to 1916 Inclusive. TEEM OE SENTENCE Disor — y CE1ME OR OFFENSE INSANE 1 mo. and under 1 to 6 mo. 6 to 12 mo. 1 yr. and over Fine only Indef. or Unknown Total l eI -ly Persons Misc. Abandonment Total M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 38 39 .10 41 42 43 44 45 46 47 48 49 870 8,215 67 369 327 3,389 86 71 431 3 9 11 373 2 Shi 2,6h6 70 S78 3S8 8,762 88 868 1,707 966 S20 h,05h 72 1« 1,9S2 lhl 269 343 667 25 266 197 1,177 ;,o 74 83 2 23 3 218 4 hl7 750 27 289 200 1.395 5h USS 788 193 25 1,529 89 60 670 61 1,889 71 30 2 6 11 66 4 8 3 1 18 79 no de no de S3 S 6 no de no de 11 8h h 122 77 no de 89 tails 13 given 102 502 23 95 9 20 9 1 2 6 2k 97 9 26 9 790 88 878 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,740 5,179 1,691 545 151 696 1,347 978 2,920 90 61S 3,758 161 1SU 5,695 10U 1,211 2,510 S,SS0 1,5SU Sh6 U,888 SSS 655 tus 2,166 167 2,732 S,SS9 1,691 1,041 104 1,145 1,841 1,347 3,028 4,028 109 705 3,758 161 919 5,695 194 1,650 2,575 4,190 1,659 360 5,675 913 655 251 3,123 216 3,740 5,179 1,691 tails igiven 457 j 45 2,006 1,108 19 90 44 2,469 84 580 45i 6 33 995 19 85 113 5 tails !given tails siven 2 16 52 3 227 2 2 4 336 393 9 9 h 3U5 h02 3 1 2 16 31 2 21 1 133 5,056 99 1 639 5 763 22 785 44 1 h5 87 8 90 U39 16 860 Ilk lh 787 352 | 1,5'J7 923 314 140 43 6 esc 185 24 99 8 1 68 9 2 tails 1 given 1 4 1 u 2,263 247 15 1 49 ha 474 13 20 1 h9h lh 1,468 341 66 5 108 11 6 3 11 1 1 SO 1 no de A 212 62 70 120 2 2 78 59 11 1 4 1 716 60 85 1 751 61 S08 6 668 504 29 332 20 28 28 tails 3 given S 1 2 792 241 4 6 6 785 U9 U2U7 UU62 7 172 141 64 3 2 6 164 3 49 93 no de no de 29 261 378 tails tails given given 9,858 1,093 18,071, 3,824 530 9,175 263 40 760 605 81 1,768 1,469 67 2,512 1,528 106 IMS 53,662 13,947 1,640 susus 8,511 277 11,174 90 945 53,662 7 jrand totals indicate the sums of items actually given as unknown. The reaily •, for whom no entries whatever have heen obtained. Compare for full figures TABLE XIV. Average Number of Convicted Prisoners Admitted Annually in the County Jails PEitlOD COVERED (1912 to 1916 inclusive un- less otherwise stated) SEX AGES COUNTY M. F. Total Under 16 16 to 20 21 to 30 81 and over Unknown Total 1 mo. and under M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1. Jails (unless otherwise stated) 317 51 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 1 1 23 1 11 8 185 53 14 2 5 1 1 6 6 2 $8 1 n 9 191 59 16 IS e 2s 9S 75 no de no de no de 6 48 no de no de 42 310 no de no de 182 no de 77 17 no de 17 tails tails tails 1 2 tails tails 1 24 tails tails 18 tails 8 1 tails 92 given given given 7 50 given given kS SSh given given WO given 80 18 given 68 given given given 9 253 Skit given 162 11 68 93 50b 331 158 98 36 3 2 99 85 6 2 198 11 71 95 605 S66 16k 100 99 25 £78 599 45 3 4 35 4 6 68 4 1 1 3 k9 S 5 S5 k 7 71 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 54 443 13 74 65 678 29 14 86 1 2 2 74 1 68 529 Ik 76 61 752 SO 17k 427 19S 107 811 Ik 2k S86 28 5k 692 21 133 113 . 1 8 2 1 5 9 1 1 1 3 S 2 12 1 1912 to 1915 Essex (House of Detention) . . 1912 to 1915 m 1,011 62 5 128 3 Aug. 1914 to Sept. 1917. . . . 582 62 392 185 105 is 8 2 318 117 14 8 1 2 U 173 10 13 24 1 June 1914 to Oct. 1917 4 1 no de no de no de 9 tails tails tails 25 4 49 i 42 l 28 2. Workhouses 928 108 91 2 315 no de 29 tails 522 77 1913 to 1916 4,624 508 11,281 19 5 25 382 24 £.512 1,081 96 1,497 1,974 260 2,506 169 9 180 11,281 2,108 226 3,75k N. B. — In columns 16 and 17 and 35 and 36 the grand totals indicate the sums unknown would include a larger number, for whom no entries whate of unknown with Table V. TABLE XIV. . the County Jails and Penitentiaries During the Tive Years 1912 to 1916 Inclusive. TERM OR SENTENCE CRIME OR OFFENCE INSANE al 1 mo. and under 1 to 6 mo. 6 to 12 mo. 1 yr. and over Fine only Indef. or Unknown Total Disorderly Persons Misc. Abandonment Total M, F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. M. F. T. ) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 88 89 40 41 42 43 44 45 40 47 48 49 (68 54 443 IS 74 65 678 29 14 86 1 2 2 74 1 68 529 u 76 67 752 30 17k 427 193 107 811 Ik 2k S86 ts ,54 38 1:33 5 53 40 235 17 15 17 5 1 44 1 8$ ISO 5 S8 kl 279 18 87 107 39 8 306 18 12 lSk IS 378 14 6 1 1 2 13 1 2 1 4 16 no de no de 7 1 1 no de no de 11 1 Sk 19 do de 18 tails tails 91 2 given given 9 20 100 5 19 2 4 2 1 5 19 5 158 18 176 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 109 30 139 269 195 58k 18 123 939 ho 28 1,139 35 2h2 628 666 307 115 978 107 197 49 kSS S3 kk6 668 km 208 21 229 368 269 605 805 22 141 939 40 184 1,139 65 330 644 838 332 120 1,135 183 197 50 625 43 748 1,036 423 m ,05 kol 221 k 18 9 OS 494 17 116 90 1 7 198 4 17 23 1 n 41 1 tails tails 3 6 given given 4 1 1 3 10 1 4,5 1 39 67 79 2 2 69 81 40 84 39 27 1,011 33 1 128 2 152 4 65 15 15 29 1 SO 88 k 172 23 5 157 70 30 M 392 185 105 35 8 2 172 37 8 25 2 17 2 1 tails given 566 62 4 12 12 38 95 4 4 99 5 1 1 V 294 113 13 2 22 4 1 1 2 2 20 1 1 35 12 8* 13 24 i 16 11 2 1 144 12 7 151 12 63 1 13k 101 6 66 4 6 6 97 1 no de 1 kit tails 1 given 1 50 48 1 1 1 157 10 250 292 25 35 52 76 43 28 12 1 1 1 158 1 32 1 10 48 18 no de no de 6 36 tails tails given given 23 81 2,103 226 3, 7 ok 807 114 1,826 56 9 IBS 122 16 35S 303 13 513 305 22 33$ 11,281 2,961 344 8,801 715 56 2.288 20 192 11,281 grand totals indicate the sums of items actually given as unknown. The really Der, for whom no entries whatever have been obtained. Compare for full figures TABLE XV. Capacity of County Jails and Penitentiaries of New Jersey. Grand Total MALE FEMALE COUNTIES AND INSTITUTIONS Cells Rooms and Dormitories Total Cells Rooms Total No. Capacity No. Capacity No, Capacity No. Capacity Burlington " Cape May " Mercer " Ocean " Salem " Sussex " 94 132 64 192 33 58 368 56 240 12 145 75 95 37 24 272 28 56 22 159 32 25 88 23 64 9 26 302 25 90 2 106 work 77 22 9 91 24 32 10 72 20 50 88 46 132 18 62 302 50 180 2 106 house bei 77 22 18 182 24 32 20 72 20 6 13 1 1 i 3 2 2 3 ng us '2 '4 5 '5 1 18 32 10 16 2 30 20 6 12 ed temporarily ii it? 20 '9 4 68 120 56 148 18 54 332 50 200 8 118 60 77 33 18 198 24 52 20 81 24 13 6 4 22 2 26 3 10 16 18 3 32 'i 36 4 26 12 8 44 'i 36 6 20 16 New jail 18 '(S 64 '2 72 4 '2 '2 1 3 to be '2 3 1 1 '2 1 15 20 4 11 built. '4 io 4 4 '6 4 26 12 8 44 15 4 36 6 40 4 27 15 18 4 6 74 4 4 2 78 8 Essex Workhouse.. Hudson " Mercer " 2,194 296 432 124 1,117 223 180 48 1,493 223 360 96 49 1 i 206 10 'i 1,759 233 360 100 206 63 36 12 338 63 72 24 18 82 435 68 72 24 852 451 679 2 14 693 111 159 159 3,046 1,568 2,172 51 220 2,452 317 497 18 82 594 Exhibit C. STATISTICS OF POPULATION OF STATE CORRECTIONAL INSTITUTIONS AND STATE BOARD OF CHILDREN'S GUARDIANS Exhibit C — Statistics as to Correctional Institutions. 103 STATISTICS OF POPULATION OF STATE CORRECTIONAL INSTITUTIONS AND THE STATE BOARD OF CHILDREN'S GUARDIANS. ' 1. State Prison; 2. State Home for Boys; 3. State Home for Girls; 4. State Reformatory; 5. State Reformatory for Women; 6. State Board of Children's Guardians; 7. Tabulated Census of Population of New Jersey. The data here given have been gathered from the annual re- ports of the several institutions, supplemented and corrected by reference to institutional records. The statistics for the year ending October 31, 1917, are not yet generally available. The statistics vary considerably in fulness and completeness, owing to the fact that no general system for keeping and tabulating records of this character has yet been devised and put in operation. But with all their imperfections these figures give a pretty complete picture of the nature of the problem with which the correctional institutions and the related State Board of Children's Guardians are called upon to deal. 1. New Jersey State Prison. Tabulated Census of Population. (a) Population at Close of Fiscal Year: 1912 1913 1914 1915 1916 1917 1,527 1,506 1,412 1,354 1,225 1,068 io 4 Report of Prison Inquiry Commission. (b) Causes of Commitment foe Five Years, Nov. 1, 1912— October 31, 1917: Abandoning minor child 1 Abduction 2 Abortion 7 Adultery 9 Advocating injury to person and property .' 3 Arson 21 Aiding in escape '. . . . 9 Assault 11 Assault with carnal abuse upon a woman child 21 Assault with intent to kill 46 Assault with intent to rob 8 Assault and battery 152 Assault and battery and robbery IS Assault and battery and resisting an officer 7 Assault and battery with intent, &c 8 Atrocious assault IS Atrocious assault and battery 171 Atrocious assault and battery with intent to kill 13 Atrocious assault and battery on an officer 2 Bigamy .....' 35 Breaking with intent, &c 38 Breaking and entering , 367 Breaking and entering with intent, &c 33 Breaking and entering with intent to commit rape 1 Burning Buildings 15 Burglary 61 Carnal abuse 74 Burglar Tools, carrying 13 Carrying concealed weapons 44 Concealing Pregnancy and birth 1 Conspiracy 26 Desertion 19 Driving automobile while intoxicated 1 Embezzlement 37 Entering and larceny 26 Entering with intent, &c 12 Escape IS False pretenses 17 Felonious assault with intent to kill 4 Forgery 36 Forgery and uttering 18 Forgery and exhibiting 2 Fornication 1 Gambling 1 Grand larceny 142 Exhibit C — Statistics as to Correctional Institutions. 105 Habitual drunkard 1 Having, &c, Counterfeit money, &c 10 High misdemeanor 7 Highway robbery 20 Illegal sale of liquor 17 Incest 21 Indecent assault 1 Kidnapping 3 Keeping disorderly house 49 Larceny 110 Larceny and receiving 90 Larceny from the person 49 Larceny from the person and receiving 12 Lewdness 27 Mayhem 1 Mailing obscene letters 1 Malicious mischief 7 Manslaughter 47 Misdemeanor 8 Misconduct in office 2 Murder 35 Murder, first degree 36 Murder, second degree 61 Obstructing railroad tracks 2 Perjury 10 Persuading minor child to leave parents 1 Petit larceny S3 Possessing indecent pictures 1 Procuring females 3 Prostitution 4 Public indecency 1 Rape 55 Receiving money from prostitute 11 Rectifying without license 1 Receiving stolen goods 29 Robbery 118 Robbing U. S. Post Office 16 Seduction 6 Selling heroin 1 Setting fire to woods 1 Stealing merchandise from the mails 3 Stealing merchandise from interstate commerce 2 Spirituous liquors in jail 1 Sodomy 20 Threats to life and property , 6 Transporting woman for immoral purposes 15 !o6 Report of Prison Inquiry Commission. Uttering forged papers 7 Unlawfully taking horses 4 Unlawfully sending threatening letters 2 Unlawful conversion 4 Unlawfully selling cocaine 4 Unlawfully participating in contracts 1 Unlawfully having opium 1 Using the mails to promote fraud 9 Unlawfully pretending to be government officer 1 Violating election laws 2 Violating Drug and Food Act, June 30, 1906 4 Violation national bank laws 1 Total 2,537 (c) Previous Convictions. 1912 1913 1914 1915 1916 Total First commitment 1,289 1,245 1,164 1,134 1,029 5,861 Second commitment 159 173 172 156 140 800 Third commitment 46 55 46 37 35 219 Fourth commitment 21 21 15 16 12 85 Fifth commitment 5 5 8 8 6 32 Sixth commitment 6 6 6 3 2 23 Seventh commitment 1 1 1 .. 1 4 1,527 1,506 1,412 1,354 1,225 7,024 ( (h) Nativity. 1913 1914 1915 American 8 22 61 Slavish 10 15 German 8 14 14 Irish 9 10 12 Jewish (including Russian and Austrian) 1 2 8 Italian 3 7 Dutch 2 3 3 English 3 3 Scotch 1 1 German-Polish 1 1 French-Polish 1 Swedish 1 Norwegian 1 Polish 2 0i Lithuanian 1 0-' Total 31 .69 128; n8 Report of Prison Inquiry Commission. in < g < O • en fc '" « Q a M O O Q O m « s t-< as ■* so t- t- SSsSg'" ,H eogoseooi 1-1 oiitiomR rt s OONMM SO CO ss C3 5 S S S t»l W lO© W US ■S2.S2S |3«iaSO S o < o < *°-3 a as C5H ■^fcOOlflCOCOiQODCOOSO rtxoujicoej soap CO CO*" is OS -oioojiflconooeJN fl! C M iC- itj ifi 04 9P CO OS «3«0«OTt<'*t-«COO , <*0 aOCOi-il£5«DE- Ol OI OtOfflfOONOOO-tN £- 5D r-l TT *0 CO -r-f CO CO c-eooiTPt-'NCOOOOoo ooe 5 00 ! T* So l-HT-l of oh «3 W* wt- 1-1 10 TH Oil i > a Sl'o {5 at at at 2 '5'S'S-S ■C3-3 '«!£ '32 "3° 2a 795-57> at an operating expense of $15,176.93. During the year and a half while this work was being per- formed, the men were nearly all of the time under but one guard, returning to the Reformatory when the day's work was done. There was only one attempt at escape — on the part of three men who ran away together. Dr. Moore, the Superin- tendent of the Reformatory, in his report dealing with this Road work, says : "The work has been not only profitable in dollars 148 Report of Prison Inquiry Commission. and cents but has furnished healthful employment to the young men. It is vital that there should be an abundance of good, hard, practical and profitable work for any penal institution. The road work has been a valuable contribution to this." In October, 191 7, a new agreement was reached between the Road Commissioner and the authorities in charge of the Reform- atory under which fifty selected men from the Reformatory are working upon the road leading to the military encampment at Wrightstown, with twenty-five more soon to be added. The Reformatory maintains the men, and has in charge of the work two inspector-foremen, and will add one more when the addi- tional group is put on the work. One night guard is employed by the Reformatory for the entire camp. Two particularly satisfactory and important steps have been taken under this latest State Use enterprise. The Road Com- missioner is paying at the increased rate of $1.75 for each man working a full day, with half pay for days when, owing to weather conditions, work can not be done. This does away with the objection often made to road work, that while the daily cost for road camps is the same in good weather as in bad, the institution furnishing the men and maintaining the camp and its guards, receives no payment when, because of bad weather, no work is done. A similar sensible arrangement would have prevented, it may well be, the irritating and harsh parsimony practiced by the State Prison of having breakfast later on rainy days to the end that the men might get through the day with two meals and thus save something on maintenance cost. •A second and more important feature of the new agreement in connection with the Wrightstown camp, is that the men who do satisfactory work are to receive fifty cents a day for each day worked, with half pay for days when work can not be done on account of the weather. This is an extension of the former practice of crediting the road camp men with earnings of fifty cents a day, but of dividing their wages among the whole work- Exhibit D — Prison Labor and State Use System. 149 ing force of the institution with consequent actual pay to each man of about five cents a day. To summarize here the money income aspect only of that work, the Reformatory has secured for its road work, from the Commissioner of Roads the following amounts: *.'. :-*?* To November, 1915 $2,404.88 1916 -. 4,684.88 1917 4,769.50 $11,859.26 (d.) Shop Production. 9 Shop production at the Reformatory has been as follows since 1914, when the institution, having about completed its building operations, reached the position where it could under- take such production. State Use Work at the Reformatory. 1914 1915 1916 1917 Carpenter $59.20 $2,107.07 $2,323.90 $1,065.09 Tin 13.00 1,447.48 1,253.50 847.89 Printing 26.50 1,806.37 5,325.80 3,859.27 Tailor 1,047.76 619.44 36.00 Blacksmith 68.75 3,584.25 3,119.38 Foundry 139.58 222.96 44.70 Shoe 101.50 1,594.30 6.807.25 6,831.60 $268.95 $11,726.81 $19,672.23 $12,684.55 Unfinished Orders in Process of Manufacture. 1917 Carpenter ■' $183.05 Tin 578.58 Printing 1,110.40 Tailor 196.60 Shoe 4,426.72 $6,495.35 150 Report of Prison Inquiry Commission. Thus the total of shop production and of orders unfilled October 31, 19 17, has been: Carpenter $5,738.31 Tin 4,140.45 Printing 12,127.76 Tailor 1,899.80 Blacksmith 6,772.38 Foundry 407.26 Shoe 19,762.37 Total for trade industries in State Use work $50,847.33 Sale of rags, scrap iron, etc 5,858.91 $56,706.24 It is confidently anticipated at the Reformatory that the next year will see a large increase in output on State Use account, since the shoe and printing shops have been re-equipped with modern machinery and large orders in both these lines have been received. But important as may be the financial side of these opera- tions and suggestive as it is that the total of State Use shop production in this institution is $56,706.24 as compared with receipts of $5,173.10 for the one State Use shop at the Prison, of far greater importance is the scheme under which this labor is performed at the Reformatory. (e) The Reformatory's Industrial Plan. (1) The School. Compulsory education is the rule at the Reformatory and shop output must give way before it, as half a day at work and half a day at school is the schedule to which the majority of inmates must conform. The school has a highly trained, paid staff, consisting of one Director and six instructors, all college or normal school graduates. The inmates, the majority of whom are below the fourth grade grammar school course, are Exhibit D — Prison Labor and State Use System. 151 effectively taught in graded classes, one-half being in attendance in the morning, the other half in the afternoons. (2) Industrial Training. The work carried on under nineteen "trade instructors" is designed to teach each inmate a trade that will be useful to him upon his release. Whether it be in one of the numerous shops, in construction or road work, in taking care of the cattle, or in raising garden and farm products, the training of the worker is emphasized. But with an average period of confine- ment in the Reformatory of a little over a year, half of which time is taken up in the school, and with no systematized plan of industrial education, the trade training is insufficient. (3) Wages. All who work on State Use production are credited with fifty cents a day, and, although the wage thus earned is then divided among all the inmates, with a consequent final payment to each of between four and five and a half cents a day, at least some small tangible incentive is provided for industry. In road work, to which assignments are very carefully made on the basis of general trustworthiness and industry, each worker retains for his own account upon release, the full credit received of fifty cents for days worked and of twenty-five cents for days at the Road Camp when unable to work on account of bad weather. III. The Prison Labor Commission and its Operation. By the Act of 191 1 (Chapter 372), forbidding new private contracts or the extension or renewal of existing private con- tracts, the Prison Labor Commission was created "to have gen? eralcontrol and supervision over the employment of the inmates of all State penal, correctional and. reformatory institutions, and the disposal of the products of their labor." The Commission 152 Report of Prison Inquiry Commission. at first (Sec. 4) consisted of "The Commissioner of Charities and Corrections of the State of New Jersey, the Warden of the State Prison at Trenton, the Superintendent of the State reformatory at Rahway, together with two other persons to be appointed by the Governor, by and with the advice and consent of the Senate, who shall serve without compensation." ByJifte^/^ Act of 1914, Chapter 269, the personnel of the Commission was changed by substituting for the Keeper of the Prison and. the Superintendent of the Reformatory, one member of the board of prison inspectors and one member of the commission govern- ing the Reformatory, while "three citizens" were substituted for the "two other citizens" provided for in the original Act. The Commission, instituted in April, 19 12, organized in August of the same year and without funds, or office, or staff, set about to carry out the duties placed upon it. Weekly meetings were held wherever a room could be found for the purpose. Reports were secured from the various State institutions showing supplies purchased on contract by these institutions as well as the quantities produced by their own in- mates. From that beginning until today when the Commission has a paid Secretary and occupies desk room in the office of the State Commissioner of Charities and Corrections, the Commis- sion has regularly collected data on the State use market and has been active in attempting to further the extension of State use employment. All requisitions upon the State Purchasing Agent (whose office was created in 1916) by State institutions or departments, for articles similar to those produced in the State correctional institutions, are now received and entered up in the Commission's office, purchase of these articles on the market or by contract not being approved by the Purchasing Agent without the written release of the Commission. Thus, as to State institutions and departments, but not as to "political subdivisions of the State" the position has now been reached where the statutory provision (Chapter 372, Laws 191 1, Sec. 7) is enforced that such institutions, departments and political Exhibit D — Prison Labor and State Use System. 153 subdivisions "shall not purchase any supplies or articles that are manufactured in said penal, correctional or reformatory institutions unless the said Prison Labor Commission shall first certify on requisition made to it that such articles or supplies cannot be furnished." The Commission has also made careful and detailed examina- tion of the automobile license tag industry and of the school furniture industry. But the expressed intent of the Legislature (Chapter 372, Laws 191 1 ), that the Commission should "have general control and supervision over the employment of the inmates of all State penal, correctional or reformatory institutions" and that it should "assign the labor and industries to said institutions" has never yet been realized. The Commission has neither controlled the labor in any one institution nor has it, except by repeated urgings and in a few cases, been able to assign labor or in- dustries to any particular institution. Many recommendations have been made and orders given, but few of them have been acted on. Not infrequently the recommendations of one year have been materially altered or abandoned the next by the Com- mission itself. Having no authority to enforce its orders, and further lacking authority to ask for the appropriations needed to make their orders effective, or to expend, in the installation of State use industries, money appropriated by the Legislature, the carrying out of these orders is dependent upon the will of those to whom these orders are directed, and upon their general point of view with respect to the State Use system. An examination of the orders, recommendations and proposals of the Prison Labor Commission, as set forth in the Commis- sion's reports for the fiscal years 19 12 to 1916, inclusive, gives the following results: In the first three months of its operation, to the close of the fiscal year 19 12, the Commission issued three orders and made six requests for appropriations and other legislative action for instituting State Use work, all of which were disregarded, with the exception of the request for funds wherewith to purchase 154 Report of Prison Inquiry Commission. the farm at Leesburg. In the fiscal year 19 13, the Commission made three recommendations, none of which was acted upon. In 1914 two orders were issued for the installation of State Use industries in the Prison, one of which, the direction to in- stitute a knitting shop, was complied with in the following year. Two requests for legislation made in the same year were disre- garded. 1^1915, ten orders were issued and five recommenda- tions for legislation made. The only fruit of this activity was the belated establishment, not yet completed, of the automobile tag industry at the Prison. The record for 1916 is one of the reiteration of recommendations previously made and disregard, with no result except the appropriation in 1917 of $3,000 for the purchase of additional land for the Leesburg farm. The Commission has from the day of its organization been per- sistent in its efforts to do away with the contract system in the Prison by putting more men at farm, road and other public work. It has repeatedly issued orders for the installation of specific industries, such as broom and basket-making, the manu- facture of shoes, clothing, tinware and other metal products, in the State Prison, with the results set forth above. That the Commission has made no special effort to extend the State Use system of industry to the Jamesburg Home for Boys, which possesses an industrial plant of fair quality, nor to the two institutions for women and girls, may, perhaps, be attributed to the discouragement resulting from its powerless- ness to produce substantial results in the State Prison. IV. The Further Development oe the State Use System. 1. The Reformatory. The printing plant about to be equipped with modern ma- chinery and a similar re-equipment of the shoe manufacturing department, will provide the inmates of the Reformatory with opportunities for additional training in modern methods of pro- duction and will bring to the Institution, it may be expected, a satisfactory profit on its industries. The Annandale farm and the road work offer further opportunity for work and profit Exhibit D — Prison Labor and State Use System. iSS if development along present lines are continued. The concern for the immediate future here, therefore, relates to the financing of these operations rather than "to the establishment of any new industries. An adequate provision for working capital is the immediate necessity at the Reformatory. 2. The Prison. At the prison, the matter of the further immediate develop- ment of State Use work is one of finding ways for carrying out with no more delay than necessary the legislative intent of 191 1. The probable extension of farm and road work, while making inroads upon the prison population within the walls, will still leave a considerable number with no other occupation than that now provided through private contractors. a. School Furniture Manufacturing. For some years the manufacture of school furniture at the Reformatory has been advocated by Dr. Moore and the whole subject has received the careful considefation of the Prison Labor Commission. That body has submitted to the Prison Inquiry Commission recommendations for the purchase of ma- chinery, old but reported as in first class condition, for the manu- facture of school desks and seats. It appears that an offer has been made to sell this machinery by a firm which "has sold an average number of desks, and 20,000 assembly chairs, amounting in value to $125,000 annually, which is by no means the total number of desks required by the Public Schools annually". It is submitted: First. That prison manufacture of school furniture offers a large and profitable market under the State Use system. Second. That the manufacture of school furniture presents the needed opportunity for the teaching of a number of profit- able trades to prisoners. 156 Report of Prison Inquiry Cbmmission. Third. That this industry could engage the full time of at least 200 prisoners and, at half time, double that number. In view of the important bearing of this industry upon the problem in hand, a thorough inquiry is needed to ascertain as exactly as possible, what, in fact, is the market for school fur- niture in New Jersey, what styles of desks are now being demanded by the school authorities, upon what terms as to royalties the patented steel furniture mentioned by the Prison Labor Commission may be manufactured by the Prison, in case cast-iron frames have not a ready market, and what would be the cost for instructors, material and over-head charges. The Prison Labor Commission has submitted in this con- nection estimates which are shown below in comparison with estimates made by the manufacturer who is offering to sell his equipment : Number of men that Prison Labor Commis- Manufacturer's would be employed. sion Estimate Estimate 200 91 (under usual factory conditions) Approximate cost of machinery and in- ' stallation $22,000 $22,000 Working Capital ...... $25,000 Average output of pres- ent manufacturer . . . 25,000 school desks $25,000 20,000 assembly chairs 20,000 Value of above $125,600 Estimated cost: — Labor $43,527.20 Materials 32,629.40 $76,156.60 It will be observed that the Prison Labor Commission esti- mates that 200 prisoners would be required to do the work which the manufacturer states could be done by 91 men "working under usual factory conditions" as to time, pay, etc. Under present conditions as to pay of prisoners, their lack of trade Exhibit D — Prison Labor and State Use System. 157 skill, etc., this estimate of 200 prisoners required to equal the output of 91 men outside is probably somewhat low, but should be counterbalanced — and more, by the wages plan suggested below. If in the development of this plan it should be deemed desirable in the future to divide this industry so that the wood work should be done at Trenton Prison and the iron and steel frames at the Rahway Reformatory, or vice versa, this would be altogether feasible, and in fact in conformity with the usual manufacturing practice. b. Automobile Tag Industry. The effort of the Prison Labor Commission, begun in 19 14, to secure the establishment of an automobile tag industry, resulted in the signing of a contract in September, 191 7, for the installation at the prison within six months of the machinery required for this latest State Use enterprise. The contract price for this machinery and installation is $38,375, and the annual cost of steel for the plates, points, varnishes, etc., has been estimated at about $75,000. It is expected that 75 men will be kept employed at this new industry turning out the 400,000 automobile and motor cycle license tags which the Motor Vehicle Commission will probably require for the year 1919. In addition to the making of license tags for automobile and motor cycles, a market probably can be developed for this industry in other metal signs, such as permits issued by Municipal Health Departments, the "safety first" and "keep to the right" signs coming into general use. With the develop- ment of the new State highway system a very large number of signs will no doubt be required. c. Present and Future Assignments of Population. On September 25, 1917, which may be taken as a typical day, with the reduced population now confined in the Prison, the assignment of the total of 1,026 men was as follows: 158 Report of Prison Inquiry Commission. Contract Allowance. Rancocas Mills (175) 86 Oppenheim & Co (ISO)... 88 Rendell Shoe (100) 84 Crescent Garment (100) 96 354 State Use Shop 20 20 Master Mechanic 35 Store House 16 Shop Hall 9 Yard 25 Engineers 16 Cook House 35 Runners, Wings 65 Towers and Death House runners 4 Drs. and P. K'S cooks and waiters 5 Barbers , 10 Clerks 9 Center runners and receiving room 5 Library 4 Wash house 18 Gate 5 261 Hospital 34 Tubercular 23 Cripples and Idle 30 Quarantine 11 98 Farm 92 92 Camp IB 56 Camp 1 38 Camp 2 67 Camp 3 40 201 1,026 It will be noted that the private contractors at this time were working with 354 men, that the contracts of the Rancocas Mills, employing 86 men, has now been terminated, and that the auto- mobile tag industry, to be installed, will employ after the first of March, 1918, about 75 men. Thus, on the basis of present population, the distribution will be : Exhibit D — Prison Labor and State Use System. 159 3 Private contract shops : Rendell — Shoes 84 Oppenheim & Co.— Pants 88 Crescent Garment— Shirts 96 268 State Use shop — knitting 20 Tag Industry 75 Maintenance 261 Hospital, tubercular, cripples, and quarantine 98 Farm 92 3 Road Camps 201 Unassigned 11 1026 Assuming that the maintenance force and those sick and in quarantine are not subject to further reduction, it thus appears that the immediate problem centers in the men at present dis- tributed as follows: 3 Private contract shop 268 State Use shop 20 Farm 92 3 Road Camps 201 581 With the establishment of the School Furniture Industry on the large scale possible in view of the market at hand, the employment of 200 men in this industry may be looked for. Farm and road work have now passed through the experimental stages, so far, at least, as the practicability is concerned of giv- ing prisoners the opportunity to work outside the prison walls. An increase of 50 in the men at the Farm would help in the proper development of that project and would not tax the accommodations already provided. An increase of 100 on road work would certainly not exhaust the demand for road workers in the present conditions of the labor market and of the roads in New Jersey. By thus taking 150 more men away from the Prison, and by more carefully supervising the maintenance work in the prison, it is altogether probable that a reduction of at least fifty could be made in the number of men on September 25 assigned to this maintenance work. Finally, with the aban- 160 Report 1 of Prison Inquiry Commission. donment of the Knitting Industry, for the retention of which no good reason appears, the end desired of taking all men off of private contract work while at the same time providing them with other work, will have been accomplished. Thus : Distribution of Population. Present. Proposed. Private contract shops 354 State Use shop - 20 Farm 92 142 3 Road Camps 201 301 School furniture 200 Auto-tags 75 Maintenance 261 210 Hospital, quarantine, etc 98 1026 98 1026 3. State-Use Market Generally. Considering the general characteristics as to age, adaptability to skilled training, etc., of the population of the Trenton prison, the school furniture and automobile tag industries within the prison, the extension of road and farm work outside the prison, along with such skilled and unskilled labor as is called for in the maintenance of the prison itself, would seem to offer all the diversification of industry practicable within the immediate future. But in county and municipal requirements for goods which can be produced at the Prison, there is a large and profit- able market when the necessity arises for further extension and diversification of the State Use system. The building up of a complete system of prison industry on the State Use plan, one in which the needs of the inmates for industrial training as well as the economic interests of the State will be adequately provided for, will probably prove to be a long and difficult task. But the demonstration that convicts can be usefully and profitably employed in farm and road work, would seem to have solved the problem of utilizing their labor, to their own advantage and that of the State, in the meantime. The opening up of the picturesque hill country of Essex county Exhibit D — Prison Labor and State Use System. 161 by the building of roads and trail's, and the work of reclaiming the vast areas of waste land in the central and southern parts of the State, would seem to furnish the needed opportunities for such useful employment of convict labor. In his testimony given at the public hearing of the Prison Inquiry Commission on January 31st, 1917, the Director of the Department of Con- servation and Development stated that a great part of the mil- lion acres of land lying between the Hackensack River and Cape May — from a quarter to one-third, in fact — is largely un- populated, owing to the prevalence throughout that area of the salt marsh mosquito, and expressed the opinion that a consider- able number of the State's prisoners could be employed for a period of five years in the necessary work of drainage and road building, and the whole area thus rendered available for settlement and cultivation. A careful study of our prison population will doubtless show that, while some of them can be put to no better use than em- ployment at manual labor, a large proportion can and should be furnished with skilled industrial training. But until such train- 4ng can be supplied for all who can profit by it, public work of the kinds indicated above might well be made available for all who are not usefully employed in State Use industries within the walls and in the maintenance work of the several correctional institutions. 4. Working Capital. The State Use System has never had a sufficient working capital back of it. The original Act of 191 1 establishing the system, provided that the boards of managers of the producing institutions should incorporate in their annual estimates such sums as they each might require for carrying out the provisions of the Act. Thus each institution has secured what its govern- ing board has been able to persuade the Legislature was required. In this way the Knitting Industry was established at the Prison, in 19 1 5, with thoroughly modern equipment, and appropriations 1 62 Report of Prison Inquiry Commission. for industrial buildings and equipment from time to time have been made to the Reformatory. But a factory, whether inside or outside a prison, cannot successfully operate without sufficient capital. This the Reform- atory has never had. In the case of the Prison, the one small State Use industry, has more than filled its modest orders through the action of the State House Committee in granting it permission to buy yarn in quantity, but in the case of the Reformatory the failure to secure a working capital is a serious handicap to the success of the State Use System. For seven industries with sales aggregrating $50,000. in the last four years, the Reformatory has at its disposal a working capital of $5,000. With such a capital it is impossible to take advantage of good market conditions or to buy in quantity the raw products re- quired, just as production over actual orders and storage for quick delivery are out of the question. Moreover, because the industries must be operated under such a heavy handicap, pro- duction cannot be distributed through the shops in accordance with any plan fitting in to the scheme of industrial education, but must be undertaken with a rush at some times and brought almost to a stop at others. In Chapter 370 Laws 191 5 the Legislature provided for a working capital fund by legislative appropriation as well as for a custodian of such fund. What remains is for adequate appro- priations to be placed at the disposal of this custodian, for a uniform system of accounting to be established and for payments to be promptly made upon requisitions properly filed. 5. Wages for Prisoners. The poor quality and the small quantity of the products of prison labor have ever been a strong argument against the State Use System. The "contract" system overcomes the difficulty through putting the responsibility upon the private contractor to secure his money's worth, but the "State Use" like the "piece price" system, since 1884 in force in New Jersey, leaves it to Exhibit D — Prison Labor and State Use System. 163 the prison management to secure from each prisoner the amount and quality of work it can. The contractor, having direct con- trol of the shops in the past speeded up production through the payment of bonuses to a few out of many, exactly as the con- tractors at the Prison today are paying in money and tobacco' approximately $2600. a year. But direct and general compen- sation for labor is limited still to two and a half cents a day at the Prison, and is only about twice as much at the Reformatory — except for those now on road work. It was early recognized in New Jersey that men in prison will make much the same response to a money incentive as men outside. It has been seen that in the first State prison, and up to 1836, the prisoners were paid in cash on the piece price basis for what they produced and charged for what they cost to the State. And although payments beyond the pittance generally allowed today, have never again been made in the Prison, it was one of the recommendations of the State Commission on Prison Discipline in their able report of 1869, that such payments should be made. Said this Commission, "A pecuniary allowance for good conduct and faithful labor would tend to secure order and industry. If, for example, an account be kept with each convict of his expenses and his earnings, and he allowed a percentage of the profits, to be paid to his family if he desire, or to himself when discharged, and some part of it for proper articles during his confinement, it would be a great in- centive to good conduct, and his increased industry would be profitable to the institution. An allowance for over- work, if properly arranged, would induce industry, and if made to depend on proper deportment, would have its influence in restraining from disorder." The State Use Act of 191 1, giving expression to this same conviction, provided that 1 , "The board of inspectors of the State Prison at Tren- ton, and the Board of Commissioners of the New Jersey Khap. 372, Laws 1911, Sec. 16. 164 Report of Prison Inquiry Commission. Reformatory at Rahway are hereby authorized, subject to the approval of the Commissioner of Charities, to pay to the wife, children or parents of any inmate of their respective institutions who, by reason of the imprison- ment of such inmate, are thereby made dependent upon public or private charity for their support, a sum not exceeding fifty cents a day for each working day that said inmate is employed at productive labor in either of said institutions, and said inspectors and commissioners are hereby authorized to avail themselves of the services of any organized bureau of associated charities or charity organization society within the district where said de- pendent wife, children or parents may reside, in making investigation of their condition and needs; provided, the expenditures for the relief of dependent families of prisoners as herein provided for shall not exceed in any one year a sum equal to five per centum of the value of all goods or articles manufactured or produced by the labor of the inmates of each of said institutions." The proviso is the important part of this law. How far any dependent family would have been from receiving fifty cents a day may be seen from the fact that assuming only 500, or less than one half, of the inmates qualifying under the act, it would have required $91,250 for their daily fifty cent wage, and in order that this payment should not exceed 5% of the prison labor products, those products must have been $1,825,000. No appropriation was made under this Act and nothing was paid to prisoners in wages. The matter was again taken up by the Legislature in the following year, when, in connection with the Act for the employment of prisoners upon roads (Chap. 223, Laws 1912), it was provided (Sec. 3) : "The governing body of any institution from which prisoners have been detailed is hereby authorized to as- sign the inmates to such work on roads and highways, and, conditioned upon their good behavior and cheerful compliance with all rules that may be made governing their conduct, may grant additional good time allowance Exhibit D — Prison Labor and State Use System. 165 not to exceed one-third of their minimum sentence, pro- vided that no prisoner shall be so assigned who has not a good conduct record." But before any governing body had put into effect this method of rewarding prisoners for their labor, this law was repealed in the year following its enactment. In 1914 the Act of 191 1 which provided for the payment of '"not exceeding fifty cents a day" to the dependents of the in- mates of the Prison and of the Reformatory, was amended to read (Chap. 269, Laws 19 14) : "The board of inspectors of the State Prison at Tren- ton, and the board of commissioners of the New Jersey Reformatory at Rah way shall establish a wage system under which the inmates of their respective institutions shall be employed and may expend or direct the expendi- ture of the earnings of any prisoner for the following purposes or any of them : (a) For the care and maintenance of the dependents of said prisoners. (b) For the benefit of the prisoner after his release on parole or discharge. (c) For the repayment of the cost of trial in an amount not to exceed twenty-five dollars. "The wage system herein provided for shall include within its provisions all prisoners employed in any work or service necessary for the maintenance of said penal, correctional and reformatory institution, or their in- mates." The "wage system" which the Board of Inspectors of the State Prison and the Commissioners of the Reformatory were thus definitely directed to establish was thereupon put into effect. At the Reformatory all those assigned to State Use work were credited with having earned fifty cents for each day worked. But the wages earned were divided among the whole working population who in one way or another helped to maintain the 166 Report of Prison Inquiry Commission. men actually producing the State Use articles, with a consequent credit to each man varying from four to five and a half cents per day. It has been seen above, that in the case of those em- ployed on road work at Wrightstown the wage payable to the individual worker is the total which he is credited with earning. At the Prison a wage scale of two and one-half cents a day was established in July, 19 17, payable to all prisoners, both those on State Use work and those on contract work. This is the "wage schedule" in force at the Prison. Wages were once more the subject of legislation in 191 5 when it was provided (Chap. 270, Laws 1915, Sec. 5) that the cus- todian of the working capital fund shall on or before the tenth day of each month render a statement of the amount of wages earned and that said wages shall be promptly applied to the pur- poses set forth in the amending Act of 19 14 (Chap. 269, Laws 1914). Finally in 1916 the Legislature provided definite warrant for the practice which had been followed of charging. maintenance against earnings, by enacting that (Chap. 246, Laws 1916, Sec. "In fixing the amount of wages to be paid to inmates for work done by them, the managers of such institu- tions may add the per diem maintenance of such inmates and upon receipt of the proceeds from the sale of the labor or manufactured products of such inmates the cus- todian may pay to the inmates the wages earned by said inmates, less the cost of his maintenance. . . . " Nothing better illustrates the faulty ideas current in relation to the treatment of prisoners than the survival of such a wage scale as the scale of two and a half cents a day as established at the State Prison. Introduced as a halting measure to secure better work from the prisoners, it altogether fails as an incentive and seems rather to arouse a natural feeling of resentment. In India or Japan such pay might bear a sufficient anology to cur- rent wages for sweated labor as to be understanadable by the recipient, but no man in this country whose eight hours of Exhibit D — Prison Labor and State Use System. 167 enforced work are paid for at such a rate can justify this scheme ; and when, as at Trenton Prison, this pittance is not paid upon release but only some weeks later, after payments have been made to the Prison by the Comptroller's Department, resentment grows the keener, and it is safe to say the very opposite of that which was contemplated by the law is in fact accomplished. As a measure of justice and as a means toward the industrial educa- tion and general re-shaping of the prisoner so that he will fit into the industrial world outside, wages should be increased to at least that fifty cent standard which the Legislature of the State approved in 191 1. 1 68 Report of Prison Inquiry Commission. APPENDIX I. Table Showing Number oe Prisoners at the State Prison, Number on Contract, Revenues from such Contracts and Totai, Expenditures and Net Cost. No. of Prisoners Oct. 31, 1900 1091 1901 1106 1902 1021 1903 1167 1904 1175 1905 1206 1906 1219 1907 1251 1908 1402 1909 1373 1910 1393 1911 1420 1912 1527 1913 1506 1914 1412 1915 1354 1916 1225 Av. No. on Contract Work. 599 629 555 575 578 570 736 764 730 821 834^ 853i/£ 847 884 699 651* 592f Revenues from Private Contracts. $75,952 79,633 64,963 71,976 68,921 69,935 87,426 102,997 87,620 96,586 96,022 98,233 92,478 105,070 78,426 63,077 71,380 Expendi- tures. Net Cost. $206,707 $113,182 202,896 112,101 202,230 126,064 209,971 132,822 223,460 140,727 221,883 136,527 213,866 117,021 223,652 114,266 250,475 153,271 268,958 163,488 273,627 173,623 279,213 178,586 278,635 184,525 275,604 166,722 356,861 236,909 360,549 253,415 349,866 233,694 *No. Oct. 31, 1915. Wo. Oct. 31, 1916. &&& .*V„ *v w: n**im& ■ ** * iM: ^^ **# *&£#$ i&ip