The Washington times., 1914-11-17
OUR PENAL CODE.


of the District, befole the Monday
Evening Club, dealt extensively with
the question of the inieterminate as
against the fixed sentence for minor
offenders. Superintendent Whit
taker. of the District workhouse at
Occoquan, demonstrated new claim
to recognition as particularly able
official and administrator, by his plea
for the indeterminate sentence. MIR.
Whitaker has had all too little rec
ognition for the work he has done in
building the Occoquan establish
ment into one of the model institu-
tions of the country. People of
Washington realize very little of the
excellence of the work done there,
while from all over the country at
thorities in penology come here to
study the management of this insti-
tuition.
Mr.. Whitaker urges that instead
of sentencing minor offenders to
fixed terms they be given indeter-
inmate sentences; say, from one
month to two years, the length to
be determined by a proper supervis
ory authority, and to depend on COLI
duct. After release, the prisoner
should be provided with employment,
kept under parole within the obser-
vation of the officials for time, and
subject to recommitment if his CON-
duct justifies it. This system has
been tried, thoroughly tested, and
widely approved for its splendid re-
suits. 1t makes penal institutions
reformatories rather than schools
for criminals. 1t does service to the
criminal and to the community alike.
1t is modern, enlightened, civilized,
and Christian.
If Washington were not tied to so
many ancient and outworn models
in government, by reason of its sub
lection to Congress which has
neither time nor disposition to be-
come expert in municipal problems,
the indeterminate sentence would be
in force here.
Without doubt, Superintendent
Whitaker is right. An institution
such as Occoquan, which is physi
cally and administratively as ncacly
a model as it can be made, ought to
be managed under modern laws; rot
under a system that goes. bach to
the dark ages Of penology and Grim
inology. This town needs no special
plants for the incubation and encour-
agement of lawlessness. 1t is en-
titled to just as enlightened and up
looking institutions as any other
town. 1t doesn't get them, in this
as in many other cases, because Con-
gress is not competent to provide
them.
How this sort of thing works to
the injury of the District, was illus
trated a few years ago when there
was pending in Congress a bill to
establish a system of paroles and in
determinate sentences for prisoners
in the Federal penitentiaries. The
measure had been prepared with
great care, and was reported from
committee with the very strong rec
ommendation that it pass. 1t was
commonly supposed by the people in
terested in it that there would be no
real opposition.
But when it came up for consider
alton in the Senate, a veteran of
that body, a man who had spent
near thirty years in the same seat
rose and launched into a remarkable
assault on the bill. With prodigious
solemnity he declared it a piece of
dangerous experimentation, dictated
by sentimentalism run wild; a per-
formance quite characteristic of
time in which radicalism and an
manner of extremism has taken pos
session Of the public mind. He pro-
tested against making the Govern
ment ridiculous by attempting such
project, which he said woulc
amount to turning the Federal peni-
tentiaries inside out and setting free
their prisoners to prey on the pub
lie. He indicated that no such prof.
ect had ever been heard Of, and that
it would, in his opinion, amount to
something like granting letters Of
maruue to crime of all sorts!
Now, that speech was a horrific
manifestation of gross ignorance.
The bill before the Senate was in
fact a crystallization of the very
best from the experience of many
States and countries. 1t was care
full, guarded, and tested by many
years of experience. Actuarial tables
had been prepared, even, from the
general experience with such laws
which proved as accurately as fig