Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-09-09
WORK FOR THE CONVCTS
Report BY Judge Baldwin al
Prison Congress.
ATTITUDE TOWARD CRIMINALS
Has No Less Rights Today Than at
It's Origin Objections to the
Forced Work of Prisoners

congress, Judge Simeon T.. BALDWIN Of
Connecticut, professor Of constitutions
al and international law at Yale uni
versity, presented report on the ques-
tion. by What Principles aud In What
Manner May Convicts BE Given Work
In the Fields or Other Public Work In
the Open Airg"
In opening his report Judge Bald
win asked whether society had not
lpushed refinement too far IN its no.
lions of the duty OF society toward
the Individual and whether the rights
OF the Individual We're not inferior TO
those OF the community. He held that
he who offended against the laws
should be treated as the interests of
society demand and that those charged
with the administration OF the laws
should take such steps toward the cul-
pable as would make good citizen OF
him. In the beginning Of law, he said,
rcparation by the criminal was judged
10 be more important than punishment
and chastisement was inflicted only
when the offender was unable to make
separation. Society. he held, had no
less rights today than at its origin and
even had more for the world has come
to recognize that 1t Is necessary in the
public interest TO regard a crime first
of all as a wrong against the commun-
| lty at large, however severely il may
affect one of the community In par
tlcular.
The objections to the forced labor OF
convlcts In the open air Judge Bald
win stated to be as follows;
First--It exposes the criminal to
public humiliation.
| Second.--It degrades him In causing
| him TO fall into vile company
Third.-It exposes him to the abuse
aud tyranny of those who direct his
| work.
| Fourth.--It facilitates escapes.
Fifth.--It makes an unjust competi-
| ion with the labor of free citizens.
Taking up these objections in order,
| Judge Baldwin declared that the crimi-
GALS conviction. being n notorious fact,
lad already caused him to lose public
esteem and, besides, it was easy to pre-
vent new occasions of shame to the
convict.
| Without great expense the fields In
which the prisoners are employed
might be surrounded by walls to pro-
| tect them from the public gaze.
Pointing out the fact that most con-
victs come from class of persons I'M
| fitted for any trade or occupation ex-
cept the most unskilled labor, Profess
or Baldwin suggested that the govern
ment should buy up vast tracts OF
POOR idle or wild land and send its
convicts there to work with shovel and
pickax, draining and irrigating.
Though great expense would be en-
tailed in buying such land, he main
AIMED that the state would be able to
sell it at an ultimate profit
| Citing the example Of North Caro-
lima, where 90 per cent of the con-
1emned are by natural occupation ru-
raj laborers and where this plan is In
successful financial operation, the pro-
lessor concluded nevertheless that the
new scheme IL somewhat more expen-
sive than the ordinary one of putting
the convicts at road labor and other
public employment where they are con-
SANITY before the public eye.
Where the latter kind of work Is
,ound unavoidable, Professor Baldwin
suggested that the better class of Grim
| mails be allowed to wear a mask. This
privilege he would make dependent on
the Recommendation of q chaplain or
other competent authority and also OH
the prisoners continued good behavior.
In considering the question of es-
capes facilitated by open air work,
criminals were divided into two
classes, the long term and life con-
victs, men who had lost their right
to citizenship in one class, and short
term prisoners who still might be-
come good men In the other For the
first class Professor Baldwin advo-
Gated the ball and chain and road
work very near the prison cells, where
the convicts could return each night
But for the other class, whom he as
serted had less temptation to escape,
he declared that the ball and chain
were harmful both mentally and phys.
icaily and that a prison suit and d
place of work far removed from rail-
way or water transportation should be
sufficient safeguards against escape.
| Replying to the implication that out
door convict labor makes unjust COM
petition with free labor, Professor
Baldwin stated that indoor work, the
only alternative Of outdoor labor, was
open to precisely the same objection.
Then he maintained that the open air
occupations competed less against free
| labor than indoor work, first because
indoor products, being those of handi-
craft, had local market-that Is, n
limited market, where their disposal
was hardship to free labor--whereas
the outdoor rural labor had the world
as its market. Moreover, he asserted
hat nearly all products Of the outdoor
work Of convicts, living in the colonies
proposed, would never be thrown ON
the market but be consumed by the