New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-11
up RROCKWAY ENUMERATED
.u,RGEs AGAINST ELMIRA REFORMA-
TORY MANAGERS DISMISSED.


COMMISSIONERS.
albany. Dec. lo-Covernor Flower tonight made
-,h,,c his decision in the matter of the charges
s,d with him against the managers of the Elmira
".s.e Reformatory for retaining Superintendent
n,ockvav. The Governor also made public the ma
,i.v and minority reports of the commission
,ch made the investigation into the charges.
rhsse reports are volumnous. the majority report
sarp signed by Dir. Austin Flint of NewYork
r,v and Israel r. Deyo, of Binghamton. and the
u,,nority report by Justice William l.. Learned, of
Albany
Governor Flower dismisses the charges because
~ believes they have not been proven. and writes
ong opinion in which he says in part:
IN March 10 last the State Board of Charities
,raasmtted 10 the Legislature the report of an ex-
o"mlnaton into the conduct of the New York State
ssIormatoIy at Elmira. in which the general super
nisnden T. r. Broskway was pronounce inc guilty
punishment of inmates. in addition to other Of
fences and in which the board recommended
tain legislation which would check or prevent a
rsnetition Of such evils were found to exist In
ne management OF the Institution. No action was
tons The report of the State Board of Charities
Vas thereafter made the basis of charges filed
Win shd r me o' Farrey. Of RE SeW.york World
against the managers Of the Reformatory. accusing
them of misconduct. incompetency and neglect of
duty" in continuing said I{rockway in the office
Of superintendent. and praying for the removal of
the managers and the appointment OF others in
their stead in order that the cruelies and In
humanities hitherto practised in said Reformatory
may not be continued and that wise and humane
person may be appointed to the office of general
superintendent in lieu of the said 4. X. Brockway.
30 charges in this case had been made by the
managers against their superintendent. They be
Isye him TO be a humane and capable officer and
deny the allegations against him OF cruelty ana
humanity. 1t is largely because of this attitude
toward their superintendent that charges against
The managers have been filed with me. II he IS
guilty Of inflicting the nhuman. degrading and
cruel punishmerts attributed 10 him. The managers
are certainly negligent in permitting such practices
70 continue If the charges OF cruelty against their
Superintendent not founded in fact. then to that
Of misconduct. incompetence or neglect filed
against them. Within eight days after the ser
vice Of the charges upon ther the managers en-
tered a general denial. and thereupon commits
sion was appointed to take testimony and to re-
mission consisted of the Hon. William Learned. OF
Albany formerly justice OF the supreme nn Of GPIl
foremost psychologists Of the world: and the Hon
Is i Serve Of m e
and is familiar with our State reformatory and
,bt rsror Of D Flint and Mr. S beyo 5
that of Judge Learned. and my conclusions are
deiuced from both reports and from the testimony
gratfcatior that the testimony shows. according
10 both reports of findings. that there was no
truth in the narrowing statements published In
newspapers of injuries alleged TO have been in
ficted by the general superintendent or his sun
ordinates upon inmates of the Reformatory. pom
this point ali three commissioners find substan-
And the superintendent. Messrs. Flint and Deyo
.ay: "In no does it appear that convict
has received any serious or permanent INJURY;
mental or physical. at the hands OF the general
,npe tendent or any of the subordinate officers
Or keepers of the Reformatory. or even an injury
Paving any permanent mark; The charges dhat
ronvicts have died or been MANNED from the effect
}, violence neglect on the part OF the Officers OF
tn Reformatcry or any OF them are uhsuDStdht-
ated in every particular.
lNFLICTION OF CORPORAL PUNISHMENT
In regard To the inficton Of corporal punishment
in the Reformatory Governor Flower says that the
managers cannot justly be regarded as culpable in
holding that the of corporal punishment was
no, forbidden by law. and IN his opinion they were
JUSTIFIED in their assumption OF It's legality lie con-
tnues:
| pass now TO consideration OF the manner in
which corporal punishment was administered IN the
Elmra Reformatory. and whether II was unneces-
ssrily severe and brutal As shown above. all three
commissioners unite in saying that no convict ever
.of the general superintendent MS subordnates
The punishment consisted almost entirely OF spank,
in person with strap twenty-two inches long three
inches wdt and W a Et so an and dh paS
All three OF the commissioners, find that the gen
across the face with the strap because OF the re-
usal Of the prisoner to obey the Injunction TO Keep
,sSionaly struck a blow over the head with
strap or with his hand. In some instances these
,woilen ewes. such occurrences were not fire.
luent says the majority of the commission It H., and
'u!t was accidental and unintentional and me In
uch blows were uncalled-for. and l concur with the
in regarding them improper and
judgment in logging the convict, Facey. for refusal
10 give evidence concerning an oilence IN Wnlch u
VAS believed at the time he himself implicated;
In the case OF Wallace. however. who was punished
or long period foT refusing 10 give the Supern-
y? reason Of persistence in this refusal after
ward transferred TO Auburn Prison. j do not think
either the superintendent or managers are at iaut
FREQUENCY OF "SPANKINGS."
now take up the frequency OF corporal punish
Of IL
ngs in proportion to each 100 OF the daily
population for each Of the last five years is as fol-
ows: 1889 Is spankngs to 100 population; 1880. "a
spankngs 100 population 1891 As spankings 10 100
population 1892 a spankings 10 100 population: 1875
s spankines to 100 population. During TINS perlod
NJ per cent OF all the convcts In the Reiormatory
we're never spanked The 2915 per cent who were
spanked numbered l.l50 and received 25ss spank
ings. agsregatng 1887 blows. Eight per cent OF
the entire convict population during that period
was spanked more than twice. and less than per
cent more than three times. Judge Learned hgufes
ont from the statistics that there are about 10
punishments every weekday ana that 'he n aiy
1t doe not seem me that. assuming the pro pro
prsy OF corporal punshnent as means er shows
abuse OF authority, think The ma19rlty OF IN, NE
are justified in their findings on this
20 That the use OF a strap such as has been
soft and pliabIe is a suitable and effective method
Of corporal punishment; and. as appears from
The evidence the experience OF the keformstory
shows thai this method is free from danger OF
serious permanent injury. ,, A..
20 II does not appear from the evidence 'nat
the general superintendent went beyond what the
occasions required either in the frequency or or
severity OF the spankings except In the case VI
Facey
20 That IL was eminently proper as saieguard
against abuse. that such punishments shouid nav
been administered by the general superintendent
personally" a..
Judge Learned the minority Commss'oner. on
fers from his colleagues in his views. says ne:
Looking al all the proof. feel satisfied That the
punishments have been excessive In nunDer anu
severity and therefore have been cruel.
Judge Learned ha~ probably been unconsciousiy
influenced somewhat by his view Of corporal puhlsn-
Ient as Dr. Flint and Mr.. Deyo probably nave
been by their view All differ as men VIII differ
But ] do not think that Judge Learners opinion
Is justified by the facts -,
Since September %, 1896. corporal punishment mas
not bee1 employed in the Keformatory. ana Messrs.
Flint and Deyo cali attention to the slgnhcant iact
that during the five years preceding September 80
lS1. 373 nmat ties reported for fghtng-an aver