Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27

cry, and to begin sgain upon new basis. In order
that this may be p ssible we recommend the change
here outlined as one which appears to be thor
oughlv reinforced BIZ careful examination both Of
the existing condition things in this State, and
the most advanced teachiags OF penal science else
where.
ARGUMENTS FOR REFORM.
In the preceding pages we have endeayored 10
show, by references illustrations arguments and Com
parisons how best the interests OF society can be
subserved in the treatment OF the criminal casses
The suggestions we have made, and the descriptions
we have given Of reforms which have been adopted
in other countries indicate caprcious, sentimental
fancful theories of criminal administration II we
have succeeded in any part OF this report trust that
we have not Who'll failed in showing the economic
significance OF penal science. 1t is true that there
is room for sentimental considerations in this
broad and complex subject. 1t is open to everyone
to be concerned for criminals because they are men
and brothers ;; or because they may be brought to
sense of their siIfulness, in religious point of
view; but from purely practical standpoint the
demand for their reformation quite as strong
ana urgent as it can be from spiritual or other
points of departure. And this constitutes
at oRce the popularity and the cogency OF
the argument for penal reform that no matter
how We view 1t, its usefulness and its necessity APP
pear equally conspicuous. The economist argues
that reformation is demanded because the increase
OF crime means the increase of tax ition ard the
decrease of crime the diminution CT taxation be-
cause every criminal is burden upon the COM
munity, alike when free and when confined be-
crime breeds crime, and thus the spre ad OF i'm
moral conditions operates like compound interest,
and establishes a cumulative impost upon society.
Thus penology possesses the singularity of being
the only common ground upon which the egotist
and the philanthropist, the skeptic and the
religionist the and the poet the idealist
and the practical man, can meet in thorough
unison. There is not indeed any class in the
munity which ought not to be heartily in favor Of
the reforms here proposed, and eager TO do away
with the abuses here pointed out.
RESUME OF LOCAL DEFECTS.
1t is therefore the more incumbent upon us to
declare that in the so-called prison system OF Cali
iornia it exists to-day almost every thing requires
10 be reorganized. In point of fact this State has
never had prison system. The penitentiary at
San Quentin has been pla e of detention, and very
little more. Efforts have been made spasmodically
to give employment to the convIcts, but there has
never been time when fifty per cent OF them had
steady work, and for years less than twenty-five rer
| cent OF them were employed. No classification has
ever beenatCmpted Prois Guilty o. association is the
rule. There rooms in the prison In which from
twenty to twenty-five conviets are confined every
night. In the smallest of the cells two convets are
regularly placed. There is no separate imprison-
ment save for punishment, in the dark cells There
| is attempt to prevent conversation among the
convicts at any time. The work that is given those
who emp Dyed in the shops by the con-
tractors is not of kind to be of any future use
| to them, for the most part. convict
Is pu5 to do some particular thing, and il he sue
ceeds lie is kept at that continually and learns
any more of the trade. The contractors OF course
only seek to make the convict labor profitable
| possible. The Communication system, which the So
called Goodwin Act introduced, has been perverted
| AT present convict is credited, entering the
prison, with the whole OF the credits allowed for his
term under the provisions Of the law. He is given
these credits without any reference TO his merit. Ii
| he misbehaVes himself he may be deprived of some
OF his credits, but it only requires negative good
| ness on his part to earn them. In the appicat on
OF the law there is therefore no test made OF the
| prisoners real tendencies. Though it doubt
| less intended by its author to produce similar
effects to those of the mark system the Goodwin
Act as administered produces good effect atal Il S
only influence IS indeed misehleYous, for the con-
Wet, after having been sentenced, let say, to five
! years Imprisonment, finds entering the
| prison that in consequence OF the existence
| of a law which he does not understand,
one-ifth of his sentence has already been RENTED
without any reference to his behavior. This of
course tends to bring the administration of the
criminal courts into disrespect 1t has, however,
another effect, already adverted to- Ii induces the
| Judges to discount the renissions of the Goodwin
Act, and TO so extend the sentence as TO make the
convict serve out at least as long term he would
| have done had the bill not existed The pres
| ent method Of Communication in fact is altogether
| wrong, and ought to be amended. This, however,
| is quite on par with the whole OF the system.
| No serious attempt at the reformation of the
Wet Is attempted. "moral instructor" con-
verses with such as desire to hear bin upon re.
| ligion class is now and then gathered for Gle,
mentary instruction there is library containing
| few hundred books and magazines which have been
raked together In the course of years without any
regard to their selection relevancy The con.
vcts are in fact virtually left to themselves and in
many cases they make disastrous OF their oppor
| tunities.
The prisons of California, in short, are practically
| virgin soil as regards the question of reform.
| They have been neglected all these years because
| politics has controlled them. The couviets have
| been looked : Wild bpastg vrho
| to be kept from breaking out by Gatllng guns and
rifles. The idea that there was a science Of penal
administrat on has never occurred either to Direct
! ors or Wardens Both have gone on in the old
| grooves, occa ionally introducing new abuses until
| the prisons OF the State present monotonous uni
formitY OF badness which calls urgently for sweeping
reform. Their condition is such that timid or par
| tial reforms can d. mo- coed. The whole system
must be reformed before any healthy scheme can
be established.
Conclusion.
Before concluding this report we desire to bear
testimony to the generous effort made on YOUR part
20 facilitate our work. Our Acknowledgements are
also due to the Wardens and clerks Of the prisons
for courtesiGs and assistance. You pleased to
urge upon us faithful, just and impartial dis
| charge Of the duty committed to u.s. We have
earnestly sought to meet the obligation resting
upon US fully and fairly We are free now TO CON
TESS that had We realized the magnitude OF the
work your instructions imposed, cur sense OF pub.
lie duty woul not have been sufficiently strong to
overcome reluctance to enter upon the discharge
Of SO great task. Having, however, incurred
the responsibility involved by our acceptance we
have labored earnestly to conduct our investigations
with impartiaty and to form Judgment with.
out prejudice. We entered upon this investigation
free from personal bias against any Of the gentlemen
| connected with the prison administration. We
believe have conducted the investigation impair
italy, and close official relation with the sub
ject without distrust OF the equity OF our judy
ment. We have made only such general eXamlna-
ton OF the books of the prisons as would enable us
| to form 4 general Indictment of the which
accounts are kept. We deemed ourselves absOlyed
from this duty by reason OF information conveyed TO
us by your Exceency that you would appoint a
competent expert, to whom that duty would be as
| signed. We have not presumed to offer any sug-
gestion or recommendation to executive action
upon matters herein presented We have not
deemed such suggestion either appropriate or
necessary. 1t belongs to vol to determine as TO
wi ether any Of the deinquencies of administration
or subversion of the organic law complained Of
constitute breach OF the high trust reposed by
you in the members Of the Board of Direct
ors. We present claim for personal services,
nor shall at any future time prefer such claims.
Accompanying this present the claims OF the Sec
rotary, Sergeantat-Arms and official short hand
porter who have served US during the investigation
These claims have been carefully examined by us
and all wed as just and reasonable We submit for
your examination full transcript. Of all the testi-
mony taken before us, accompanied by copies OF
records and documents comprising the evidence
upon which this report is based, and which, as we
believe will justify our conclusions and judgments
| in all cases. We have omitted all reference TO mat
tiers wherein did not find complete concurrence
of judgment, and have presented only such conclu-
siens and findings as represent our unanimous ver
| Dict Trusting that much good will result
from the public attention attracted to this important
| subject we ask TO be discharged from all further
official consideration of the matters submitted
-.~------xza
THE QUIET HOUR.
Answers to August 18th.