New-York tribune., 1919-10-21
Smith Would Make
Court Responsible
For Death Penalty
Governor Ought Not To Be
Required to Decide Re-
quests for Communication.
He Tells Prison Council

Transference from the Governor to
the Court Of Appeals of the power to
commute the death sentence was advo-
Gated by Governor Smith in an address
at last nights session of the annual
congress of the American Prison Asso-
citation, now in convention in the Penn
sylvania Hotel. He said the change
could be effected by constitutional
methods.
The present system of leaving to the
Governor the final say as to whether
man should go to the death chair or
suffer life imprisonment is entirely
wrong said Mr.. Smith 1T is duty
that should not be in the hands of any
man charged with the Governorship of
this state. The further duty could be
put upon the Court of Appeals to stay
the death sentence. In my nine months
OF office no duty has weighed on me so
heavily as having to determine whether
or not man should go to the death
chair"
Prison Industries Advocated
Discussing industry within the
prisons, Governor Smith said:
There is nothing so deadening to a
mans body and soul as to hold him in
enforced idleness. If we have no other
idea IN our minds beyond the question of
punishment, it may be all right bat
If the state is interested in return
ing it's men and women prisoners to
society IS useful citizens it must give
them occupation. For one thing. we
are trying to work with antiQuated ma
chinery in our prisons and the finished
products are not generally useful. We
must have more modern machinery and
equipment if the product is to be up
to standard requirements. A sugges-
ton was made to me that the prison
ers might be commissioned to make
automobile plates. In a year 100000
OF these plates are manufactured in
the state.
II believe absolutely in abolition of
the cell block system. No man can
feel he is being treated like human
for the night. When I first visited
Elmira Reformatory l thought I would
find an institution that was an improve
ment on the prisons, but was shocked
when l beheld the cell block system
there. do not believe you have to
cage men up in the twentieth century
as you did in 1884 1t would be better
If few Of the prisoners escaped than
that hundreds should be destroyed by
being tied to the floor"
Prison Earnings Favored
In conclusion Governor Smith advo-
Gated system Of prison earnings, sug-
gesting that the women and children
were the real sufferers when man was
sent to jail, and that, to his personal
knowledge, numbers of them endured
actual want and starvation while hus-
bands and fathers served sentence.
The other speakers were Eugene
Smith, president of the New York Pris-
on Association; George A. H. Shideler,
superintendent of the Indiana State Re
formatory, Jefersonville, and Archdea-
con B. NJ Spur, Moundsville. w. Va,
president of the American Prison AS
sociation. George ". Wickersham pre-
sided.
A charge. that the present prison sys-
tenn is creating anarchism was made
by B. Ogden Chisholm in an address
on Human Awakening" at the opening
session in the afternoon, attended by
the largest gathering of prison officials,
penologists, criminologists and social
workers ever assembled in this country.
"The prisons should be the finest
educational institutions in America. "
declared Mr. Chisholm, speaking to the
warden's section Of the congress. They
should have professors, scholastic