The Indianapolis journal., 1898-10-18
THE INDETERMINATE ACT
PRISON CONGRESS DEVOTED THE
EVENING TO A DISCUSSION OF 1T.
Objections to It--Wnrdens of Peniten-
tiaries Hold Conference
ChapInins in Session.

Last nights session OF the Prison Con-
gress was given up entirely to the discussion
OF the indeterminate sentence law. Charlton
T. Lewis, Of New York, who was to have
delivered the address on the subject, was un-
able to be present. and in his place Frederic
II. Wines. LII. D., of Springfield. ILL.,, one
of the original movers in prison reform along
this line. spoke for over one hour. He COW
cred the subject thoroughly and showed
himself to be deep student in all the prob
lens arising from the law. He said in part:
II have no formal address to make to
you tonight, because of the short time
given me for preparation. 1t is hardly neces-
sary for me, however, to explain what is
meant by the indeterminate sentence law,
but in order to make all its workings clear
to you 1t will be we'll to briefly relate its
origin and history up to the present day.
1t originated in Australia when England
transferred its penal colonies from this
country to that new land. Captain Nc
Conaughey, who was one of the governors
sent to Van Diemens Land, was the first
prison official to adopt the indeterminate
sentence law in its first crude shape. He
inaugurated the system of credit marks
by which convict was given a. ticket of
leave similar to our modern parole. His
former particularly, but rather those of a
humanitarian, because he found the penal
colonies as he expressed it worse than
hell So bad were they that convicts fire.
quently committed murder in order that
they might be executed and end their mis-
cry. Captain McConaughey anticipated all
that is now Incorporated in the indetermin-
ate sentence law, but at that time the hu-
manitarian idea was SO unpopular in Eng
land, that he was recalled practically in
disgrace. From this start grew the Irish
system from which in turn sprang our own
improved system of parole.
INTRODUCED IN AMERICA.
The indeterminate sentence law in Amer
lea was first applied in Michigan by Presi-
dent Brockway, then superintendent of the
Detroit workhouse, and so successful has
1t become that Europeans now confess that
1t is bound to make the circuit of the world.
The real results, however, will not be dem
onstrated fully until the preliminary educa-
ton of the masses and the antiquated off,
cials has been accomplished. The old sys-
tenn was to make the punishment fit the
crime, and all crimes had at first certain
punishment prescribed SO that when a man
wanted to commit a crime all he had to do
was to consult the code and see what his
punishment would be and calculate whether
it was worth the price he would have to pay
or not Finally it began to dawn upon the
people that in the application Of the law
a little latitude could safely be given to the
judge or jury and by SO doing it gradually
tempt made to fix the maximum and
minimum penalties for all crimes. No man
can measure the guilt of another man nor
with justice measure the punishment for the
guilt, for what would be punishment for
one man would not be so for another, and
vice versa. In order to determine how gull
q
about his antecedents. surroundings, cir
cumstanceS and temperament, and no one
but God knows bow guilty a man is. We
know he is guilty maybe but not how gull
ty, and therefore cannot with justice fix his
punishment on the spot We should study
the criminal rather than the crime The
upshot Of the whole thing is that the treat
ment of prisoners must he modified and
when a man has become menace to society
wisely treated with view to restoring him
to society when he is fitted
1t is just the same as in hospital.
When a man is found to be of unsound
mind he is sent to an asylum, not for so
many months or weeks but, rather until
cured, When a man falls and breaks his
leg, his doctor does not say go to hoSpi-
tai for two weeks or two months, but, in
stead, he says, go to such and such a place
several objections urged against the law,
about as follows: The philosophical objec-
ton is that 1t is supposed to do nothing but
reform men or women, and does not really
by not keeping prisoners behind bars for a
stated term, which is rather a punishment
than an effort to- reform them. The theo-
logical objection is that the sentence is not
consistent with punishment required to
satisfy abstract justice, and, therefore, ac-
cOrding to their understanding Of the teach
ings of the Bible is not acceptable. want
to say, however. in this connection, that
man cannot punish sin. but can avenge
crime. Vengeance is mine, saith the Lord;
/ will repay The legal objection is that
the lawyer is welded to precedent and has
an exalted idea of the reverence due to for
fner decisions of courts. The practical OBJ
petty offenders who may be kept in con-
finement for what. under the old order of
prescribed penalties, is considered too long
a time. In this connection can only say
that the petty thief needs reformation quite
as much as the big thief, and is just as
dangerous to society.
Another feature urged against 1t is that
when good behavior is the passport to lib
erty the old offender, knowing by expert
ence the proper course to take, will be bene-
fitted by the law, without reformation,
while the nearly harmless offender is kept
in confinement because he has not learned
the ropes That is not true, for no expert
sional attempts at Virtue made by the old
offenders"
In closing, the speaker urged the elimina-
ton of all politics from the mana cement
of prisons and the continuation in office of
all capable men. as in them rested the
blessings to be reaped from the indeter-
inmate sentence law General Brinkerhoff
added few words in confederation of the
speakers views.
THE PRISON WARDENs.