THIRD SESSION.

Wednesday, November 16, 1904.

The third session of the Conference was called to order at 2.30 p. m. by Rev. Max Landsberg, D.D., Vice-President.

Vice-President Landsberg made several announcements as to registering of members, and meetings of committees, and then turned over the meeting to Hon. Julius M. Mayer, Chairman of the Committee on the Treatment of the Criminal, who presided during the discussion of that subject.

CHAIRMAN MAYER: My report, really, is not a report upon this subject. The committee, in so far as I have been able to call it together, has no particular suggestions to make, and I shall report for the committee which had to do with this general subject, appointed at the last Conference. On behalf of that committee I have the honor to submit the following report:

REPORT OF THE COMMITTEE ON TREATMENT OF THE CRIMINAL.

At the Conference held last year in Buffalo I read a paper calling attention to the fact that there was not proper or adequate provision for the reformatory treatment of male misdemeanants over 18 years of age. As a result of the discussion which followed there was appointed a committee, of which I was designated as the chairman. This committee had numerous meetings at the offices of the State Prison Aid Association in the city of New York.

It became apparent at once that it would be impracticable to commence by attempting to secure legislation comprehending a reformatory system throughout the State. We concluded that such a result could be attained only after gradual application and growth. It seemed to us that the first important step should be to establish the principle under such auspices as would involve the least expenditure of money by the State or its several local communities. Section 698 of the Greater New York Charter had already provided that, "It shall be the duty of the Commissioner (of Correction) to cause all criminals and misdemeanants under his charge to be classified, so far as practicable, so that youthful and less hardened offenders shall not be rendered

more depraved by the association with and evil example of older and more hardened offenders."

To that end the Charter had authorized the Commissioner to maintain schools and classes for instruction and training, and to set apart one or more of the penal institutions under his charge, to which might be transferred these younger and less hardened criminals.

Hon. Thomas W. Hynes, Commissioner of Correction during the administration of Mayor Low of the city of New York, had faithfully carried out these provisions of the Charter, and within the physical limitations in which the work was conducted he had made substantial progress. He suggested that the first step might well be to extend the work at Hart's Island, in the city of New York; for it was there that he had set apart buildings under his charge for the instruction of the less hardened and youthful offenders.

The suggestion of Mr. Hynes met with the approval of the committee and a bill was drafted along these lines with some additional ideas incorporated in it, to which I shall later refer.

I was authorized to attend to the introduction of the bill in question, and to that end consulted with Governor Odell in December, 1903. He was so favorably disposed towards the suggested legislation that in his annual message of 1904 he recommended legislation along these lines.

Subsequently, I requested the introduction of the bill in the Assembly by Hon. Josiah T. Newcomb, and in the Senate by Hon. Victor J. Dowling.

Mr. Newcomb gave the bill his close attention and succeeded in having it passed in the Assembly without difficulty.

The bill came up for final consideration during the closing days of the Senate and encountered a somewhat unusual and unexpected opposition from the sheriff of Queens county. His opposition was based on his claim that his fees for housing and feeding the prisoners in the Queens County jail would be reduced. While we regretted the necessity of yielding, yet we felt that passage of the bill was too important to hesitate upon a minor detail, and we ultimately agreed to the amendment of the bill

so that it will go into effect in Queens county on January 1, 1907, by which time the term of the sheriff will have expired.

During this critical period of the bill's history we had most earnest and substantial assistance from Hon. Nathaniel A. Elsberg, Senator from the Fifteenth District.

I take this opportunity of expressing our appreciation of the services rendered by Senator Elsberg, Assemblyman Newcomb and Senator Dowling.

Mayor McClellan, whose attitude had also been entirely friendly to the proposed legislation, approved the bill and it became law by the signature of Governor Odell. The measure as finally enacted is chapter 627 of the Laws of 1904, and is an amendment to section 698 of the Greater New York Charter.

Its essential features are as follows:

1. After January 1, 1905, the institution now at Hart's Island is to be known as "The New York City Reformatory of Misdemeanants."

2. Such other buildings and appurtenances may from time to time be built as may be authorized by the board of estimate and apportionment.

3. After January 1, 1905, any male between 16 and 30 years of age convicted in the city of New York of any charge, offense, misdemeanor or crime other than a felony may be committed to this reformatory in the discretion of the magistrate or court before whom or in which the conviction was had.

4. The term of imprisonment is not fixed but may be terminated by the board of parole, provided, however, that the imprisonment shall not exceed three years.

5. The board of parole is to consist of nine persons as follows: The commissioner of correction of the city of New York, a justice of the court of special sessions of the first division, and a justice of the court of special sessions of the second division, a city magistrate of the first division and a city magistrate of the second division, and four other persons appointed by the mayor. The justices respectively choose their own representative on this board. The term of the members of the board is one year.

6. The board of parole is authorized to parole and discharge any inmate of the institution and to make rules not inconsistent with

law, (1) prescribe the conditions under which the inmates may be discharged, paroled or conditionally released; and (2) regulate the retaking and reimprisonment of such inmates.

These rules contemplate a system of ascertaining the good demeanor and diligence in labor and study and results generally of the conduct of the inmates. Each inmate is to be informed as to his standing at least once a month, and is to have the right to see and converse with some member of the board of parole at stated periods. The board of parole is empowered to appoint, and at pleasure to remove, suitable persons in any part of the State who shall supervise paroled inmates.

We think one feature of the board of parole is new, namely, that the courts and magistrates committing the misdemeanants shall be represented on this board and thus have a substantial influence in determining as to the release or parole of prisoners.

We think that this will bring about a closer and more agreeable relation between the courts and the persons having the custody of the prisoners, a result mutually desirable, and in the end we hope this plan will prove of substantial value to the inmates and to the reformation desired to be attained.

The courts have selected the following representatives:

Hon. William E. Wyatt, Justice of the Court of Special Sessions, First Division;

Hon. Robert J. Wilkin, Justice of the Court of Special Sessions, Second Division;

Hon. John B. Mayo, City Magistrate, First Division;

City Magistrate, Second Division, not yet selected.

Mr. Lantry, the Commissioner of Correction, is a member ex officio, and Mayor McClellan has appointed as the remaining members, Messrs. John C. Heintz, Edmond J. Butler, Dominick Di Dareo, and Samuel B. Hamburger.

Messrs. Butler and Hamburger are well known in connection with philanthropic and charitable institutions and enterprises, and the other two gentlemen are well known citizens of New York city.

The board has not yet had a meeting but we understand it is to be called together shortly for organization.

I desire to express my personal thanks to the members of the committee, Messrs. Wood, Canfield, Barrows, Scanlan and Hynes, who devoted much time in perfecting the law referred to. On behalf of the committee I desire to express our special appreciation of the services rendered by Mr. Samuel J. Barrows, who spent much time at Albany during the progress of the bill. It is also a pleasure to be able to report that from the outset the justices of special sessions and city magistrates gave us their entire support, and that we were aided by the attendance at our committee meetings of several of the justices and magistrates.

On behalf of the committee I also tender our thanks to Mr. George McLaughlin, Secretary of the State Prison Commission, who at all times rendered valuable assistance.

In conclusion I may say that the committee is gratified to be able to report that the discussion and suggestions at the last Conference have resulted in actual legislation.

I might say something else that may be of interest to this Conference, though not perhaps within the duties of this occasion, that since the last Conference it has been my very great privilege to be selected as the President of the Jewish Protectory and Aid Association, a society which under the terms of its charter is commissioned with the duty of seeing to children of that faith. Mr. Henry Solomon, whom you all know, has been selected as first vice-president; Mr. Mortimer Schiff as second vice-president and Mr. Hamburger as chairman of the executive committee. On the board are such men, who are well known in connection with philanthropic efforts, as Mr. Louis Marcelli, now of New York, but formerly of this city, and Mr. Nathan Bijur, whom we all know. We trust, by the time another Conference shall have met, the institution will be in actual operation to undertake the very important work which the situation in our greater city requires.

If there is no discussion upon this report, I will say one thing further, that owing to many duties, I am not at all responsible for this program. I wish I were because I think you will find it most excellent and I desire to express my personal appreciation to Mr. Hebberd, because he was really chairman of this committee; I did very little of the work; he did it all.

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