New-York tribune., 1910-02-14
FAIR TRUANT LAW
REPORT on PRISONS.
State Board Says Education
Act Uorks Hardship.


ancy laws 10 make them more reasonable
and less harsh is recommended by the
state Commission of Prisons in it's annual
report to the Legislature Tomorrow The
commission asks the Legislature 70 repeal
the section OF the Criminal Code which clas-
SITES trlant children between the ages OF
five and fourteen as vagrants, and author
ICES their arrest The report says
In mr. Judgment the provisions of law
relating to compulsory education shouid
not he placed in the criminal law OF tnc
state. II certainly should not % scettered
part or il in the Code OF Criminal Fro
cedure and part Of it in the educational
law
While it is undoubtedly matter of pub
lie poI,cv that every child should receive
an elementary education 10 ft him -or cili-
zership. it often happens that the enforce
ment Of this law in its present form N
ficts an unrea souable hardship on the
parents and children, and sometimes Re
state should not impose any unreasonable
hardship or impossibihties upon any OF
its citizens.
1t is in many cases impossible for the
mother properly 10 clothe the older chill
dren and provide them with books neces.
sary to send them to school; put even ~
able to do this. one or more Of them must
be IN the home 70 care Ior tne p4oi-S
while the mother goes out 70 earn some
thing for their support Under exlsIhg law
she and the children of school age may
be arrested and taken before maslsIrdte.
the magistrate has no poWeI 70 sIsn@ fa
and commit her 10 jail: he may take rom
her the custody and services OF me otdS..
children; he may take such acIch dS TLLl
brsaL mn the home Il may be stated that
II she needs help she should 60 10 tns oEe--
seer or the superintendent OF Lhe pSOi
that would pauperize the family. and II
Tav he questioned whether the pauperlz-
ing OF the family does not IN the enc %
as much i11juTy IS 10 neglect '--7
'iG-i The % power t5-s OF the magistrate before
whom the case IS brous1t shoGlu ~. " .-sI-
Iarged. 20 that he could decree tne nsCgi si
Sary relief and financial assistance re0ui-
sire to enabIe her 10 comply Win tne pro
Tbs 1oue- 70 relieve should not lie IN one
tribunal and the power OF conpulsloh II
al7qInGa- nEI;7a would not be undertood as
5iscoI--azing the value Of school tnstruc-
rion we do recommend that the IaW o- 20
5isc-irinafion and without any unreason-
sbla hardship or injustice 20 any cielzsL;
boards OF education and n1agfsCrats1 Sho-lu ShI
be allowed 20 exercise Jut-CI@4
in its enforcement
CONVICTIONS FOR DRUNKENNESS
The report says that the report OF me
commission for 1908 showed thaJ during
.toa+ --esr there were about 10000 men and
q non vronlen. convicted OF public fntoxlca-
80 and the kindred charge Of being
d-r,n,, and disorderly, committed 70
,risor During the last year 1891 men
ard 2A47 women convicted OF public II
-,t.s-ior had been committed 70 jalls,
.-i+a-+ia-ies and New York City tnst1It-
,io,s and T6S men and Al women had been
| convtr+ed and committed TO the same lnstl-
+,,-fons ~, rle charge Of being drunk ana
dfsorderIv. In many Of the jaIls one-nalL
| or more Of ali commitments were tor thls
! offence
Tn. report says that the present Tretnoo
| of dealing with persons charged with PUBIC
/ i,roxicarion is unwise, and recommends
thar some wiser and more effective r1eChoo
h. found Il states that closely allied 70
/ this subject is the crime known 20 Ile
I nolice as "disorderly conduct. ana says
| that notwithstanding the Supreme court mas
/ held that there is no such crime known 20
| law. and that one Of the most prominent
r,arnb4rs OF the New York City bar has
! recently challenged in q public magazine
anv person 70 produce any authority Tor
/ cIsssifving .'disorderIy conduct as a crime.
( there were during last year 1,50s men and
! 1s6 women committed 70 the Tou,bs, 5,15l
! n,An and es77 women committed 70 the
warehouse on BIackveIl's Island, "a BOYS
I 70 the New York City Refornatory. 1881
/ man and sos women 70 the city prison or
! BROOKLYN. and 698 men and as women 20
/ the various penirentiaries Of The state for
/ this alleged crime.
1 THE PRISON POPULATION GROWS.
! The commission reports that the prison
| population has increased from 1f,081 in
/ 1898 70 1882 in 1909. The number OF IN
/ mates IN state prisons was greater At the
/ close of the year than at any time for
/ many years. There were nearly four hun
/ dred more than at the close Of the preceding
/ wear and about a thousand more than at
/ the close Of the year 1907. The commit
/ uents for the year we're a more than
for 1908. and SIS more than for 1907 a
I total of 1,64- women prisOners in custody
at the end OF the fiscal year IS reported,
while there was total OF 23.+4o women
/ admitted TO the various Jails and prisons
! during the year
I The cost of maintaining state prisons, IN
/ Guiding the women's prison, during the year
/ was s6O2. .153 SIS. as compared with SJ15.-
/ SIS 5 for the previous year
A brief resume OF the other principal rec
I oulrnen dations follows.
Expedite the work for the construction OF
the new prison 70 take the place OF Sing
/ SinE-
/ vufSdenea nanIS.