St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-20

The international panological congress,
which meets in Paris in June, 1895. con-
sisting of the following gentlemen:
Rev. S. l.. Barrows. Massachusetts,:
Judge j. W.Willis. Minnesota: William
Hill, Pennsylvania; Hon. NJ. ID. Foliett,
Ohio.
Other committees were appointed, as
follows:
Gen. Durston, Sing Sing; w. A. Wilde,
Boston; p. X. Costello. Cincinnati:
Edwin Dunn. Minnesota; HenryGeorge.
Kentucky; Nelson Wall, Kentucky; !;
Timothy Nicholson, Indiana. On NOM
lnation of officers for coming year: FIJI.
Wines. Illinois: A. F. Elm0re, Wiscon-
sin; E. S. Wright. Pennsylvania; Jo-
lehn Nicholson. Mich; A. w. Nc
Claughry, Illinois.
The following report of special inter
,st was presented and adopted:
TO the National Prison Association :
Your special committee. to whom were
referred certain resolutions proposed by
j committee of the wardens' association
relating to the bill nov. pending before
congress concerning the products of
prison labor. respectfully report:
That we recommend that the resolu-
ion in question be referred to the war
lens' association, and that if any action
Dn the subject be taken by that associ-
alton, such action be spread upon the
minutes OF this body and published in
its proceedings.
hat we further recommend that
committee be appointed by this body.
consisting of Messrs. Wayland. of Con-
nectlcut; Sanb0rn. of Massachusetts; !;
Durston. of New York; Lewis, OF New
Jersey; Kelly. of Pennsylvania; Brink
erhotT, of Ohio; Allen. of Illinois; Sny-
der, of Wisconsin; Mills. of Colorado,
and Bishop Whipple. of Minnesota. to
memoraliZe congress on the economical
and moral value of labor in prisons and
jails, and to furnish the proper commit
tee of congress and other authorities
with full information appropriate to be
known to those who consider proposed
legislation on the subject.
Then came one of the most interest
Ing papers OF the present congressional
Dn Criminal Law Reform" 1t was
written by Hon. Eugene Smith. one of
the prominent attorneys of New York
city.
Judge Willis, of st. Paul; Dean Way
land, Of New Haven, Conn.,, and Law
yer Eugene Smith, of New York, com
pose the standing committee on crimi-
nal law reform. Owing to the absence
Of the other two members, Judge Willis
made the report alone. reading an eX.
haustive and practical paper on the sub
ject. The following are extracts from
ii:
The accepted political science of TO-
day condemns and repudiates the re-
rl,t,ti nj ial, ~.
thousands of years the acknowledged
basis of the whole criminal law. 1t de-
clares that the governmental treatme Mt
of crime and of criminals, all prisons.
all criminal law, have but one legitimate
end, one logical motive and justitica.
tion-the protection of the body polite:
and, as the most effective measure OF
protection, the reformation of the Grim.
lnal. This protective and anti-retribu.
tive theory has now for some
years been established by the over.
whelming and practically unanimous
consensus OF authority; but it failed tc
Servatiye forces generally retard legal
reforms. and SO the medieval theory OF
vengeance and eXplation continued te
dominate the law. 1t has been reserved
lor these latter days, for the present
generation and for our own country, t(
witness the first Introduction of the
logical principles CT modern crilrina
science INTO actual legislation. / refe,
of course to what has already come /,
be famliarly known as the indetermi.
nate sentence for crime; a sentence fo
no definite or prescribed term, but con.
llnuing i'll force until the prisoner shal
give satisfactory evidence of amend
ment and of his fitness for freedom.
The scheme Of the indeterminate sen
bence was first established in the Elmir;
reformatory in New York, in the yea
1877. 1t has since been adopted i'm til,
states of Massachusetts, PENNSYLVANIA
Ohio. Michigan, Indiana. Wisconsin
and Colorado, and has already becom,
Rpermanent feature of American iuris
prudence. 1t commends itself to mod
ern thought and is a highly popula
measure of reform. But the indetermi
nate sentence logically involves pro
found changes that reach to the yer,
rudiments of criminal jurisprude nee
and that substitute new foundation Ii
the place of that retfibutive one OF
which the crimina! law of history ha
ever stood.
AS the first and most radical of thes,
changes, the system of the indetermi
nate sentence completely reverses tn,
attitude of the state toward the Grim
lnai. The state is no longer an avengin
power, pursuing the wrong-doer witt
vlndictiye purpose, inflicting pain a
rttalIatory punishment, and, when it
rage IS satiated, relaxing its hold. Tn
state becomes rather a benign power
seeking the prisoners reclamation
holding him firmly under lis restrain