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Experience soon demonstrated that while the separate trial of children was advantageous, the results obtained were not all that could be desired. Some offenses were of such a shocking nature that the child was sent to a reformatory direct, as an example to others; some were so trivial that nothing more than a reprimand was administered, while a great majority of cases were found to require an intermediate form of treatment. | Incarceration would be too severe and a reprimand too lenient to command respect for the law. Probation offered

the solution.

Soon thereafter an effort was made by the officers of the charity organization of Buffalo, which has taken an active part for years for the betterment of the poor of the city, together with other persons engaged in humane work, to cause a law to be enacted by the State legislature for the appointment of probation officers for juvenile courts This effort failed. Immediately thereafter the Charity Organization Society appointed a committee to prepare a bill to be introduced in the legislature providing for the institution of a juvenile court and probation officers for the city of Buffalo. The committee was composed of the following-named gentlemen: 'Adelbert Moot, Herman J. Kreinheder, Frederic Almy, Robert W. Pomeroy, W. H. Gratwick, and myself. I had the honor to draw the bill, which was heartily approved by the committee, the charitable and humane societies, and all religious denominations of our municipality. It was introduced in the lower house of the legislature by Hon. Edward R. O'Malley, enacted into a law at that session, and went into effect immediately upon being signed by the governor. And thus Buffalo came to have the juvenile court in practically the same form as it exists to-day. The following is a copy of the law:

SEC. 384 B. Probation officers.—The police justice shall have authority to appoint or designate not more than five discreet persons of good character to serve as probation officers during the pleasure of the police justice; said probation officers to receive no compensation from the public treasury. Whenever any child under or apparently under the age of sixteen years shall have been arrested it shall be the duty of said probation officers to make such investigation as may be required by the court; to be present in court in order to represent the interests of the children; ~ when the case is heard to furnish to the police justice such information and assistance as he may require, and to take charge of any child before and after trial as may be directed by the court.

SEC. 384 C. Whenever any such child is found guilty of or pleads guilty to any crime or misdemeanor before the police justice, the said police justice may in his discretion suspend sentence during the good behavior of the child so convicted. The child so convicted may be placed in the care of said probation officer for such time, not to exceed three months, and upon such conditions as may seem proper. Said probation officers shall have the power to bring the child so convicted before the police justice at any time within three months from the date of conviction for such disposition as may be just. When practicable said child shall be placed with a probation officer of the same religious faith as the child's parent.

In compliance with the above law I appointed five men as probation officers. A year's experience, however, demonstrated that additional

officers were necessary, and the above measure was amended to read, "not more than ten," instead of "not more than five" probation officers.

When this court went into operation, through the courtesy of the superintendent of the poor and the coroners of Erie County, I secured the children's room in the office of the former in one of the county buildings for this court. This building is several blocks distant from the police court, and the room in which the juvenile court was held is large and airy, with nothing in its appearance or equipment suggestive of criminal proceedings. At the present time the juvenile court sits in the office of the medical examiner, which is even more cheerful in appearance than the room where the court has been wont to be held.

The first probation officers were, Frederic Almy, treasurer of the Charity Organization Society; Leopold Keiser, president of the Hebrew Board of Charities; Charles F. Reif and Joseph II. Carr, truancy officers of the department of education, and Martin McDonough, of the Charity Organization Society. In addition thereto I subsequently appointed Anna E. Gaffney, Elizabeth B. McGowan, Louise Montgomery, Dr. Jane N. Frear, and Frank Ruszkiewicz. Since then have been added the names of Mary E. Remington, Fred. C. Gratwick, and M. E. Adams, who were appointed to fill vacancies. They are all eminent ladies and gentlemen and have been selected as far as possible to represent the different religious faiths and leading charitable institutions. The workings of this court were carefully observed by the many people interested in juvenile work all over the State, and the results were so satisfactory that in January of this year the legislature enacted a law making the juvenile court system of Buffalo applicable to the entire State of New York, and making it compulsory to try children separate and apart from adults.

All children under the age of 16 years are tried in this court for violations of the Penal Code committed within the city. Violations of ordinances are tried usually in the municipal court, a court of civil jurisdiction. The process of arresting children is the same as in adult cases, except as to the matter of detention before trial.

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When arrested the child is brought to the police station. parents are immediately sent for, who furnish bail for his appearance in court. Unless the offense be very serious the parent is accepted on the bond, though he has no property qualifications. In many of the trivial cases the child is allowed to go solely upon his promise to appear in court. I can not recall a case of a child allowed thus to go upon his honor who has failed to appear without some bona fide reason. Locking the child up in the station house is almost always avoided.

Sessions of the court are held semiweekly, Tuesdays and Fridays, and are usually of short duration, beginning at 2 o'clock in the afternoon. The court room contains a desk for the judge and one for the

clerk and stenographer. Seated about and within easy hearing distance of all that transpires are the probation officers. Outside the rail and in a room adjacent to the court are the children to be tried, the police officers, parents, and witnesses. When a case is called the police officer comes forward with the child to the judge's desk. The parents and witnesses follow. The charge is then read. The child is asked to state whether the same is true or untrue, whether he pleads guilty or not guilty. If the plea be "not guilty," witnesses are sworn for the people and on behalf of the defendant, as in adult cases, though the examination is less formal. Lawyers do not practice in this court, and the police-court audience is absent.

If the child is convicted, then comes the question what to do with him. This largely depends upon the nature of the offense and his previous reputation. The environment of the child has a good deal to do with the disposition of the case. But as a general rule a first offense, other things being equal, meets with a reprimand and suspension of sentence. If it seems advisable to proceed to severer measures, suspension of sentence under probation is resorted to. If placed under probation he is introduced to a probation officer, who gives him a card containing the probation officer's name and address and is instructed to call upon him the following week. Generally the probation officer makes it a point to learn whether the child has any steady occupation. If the child does not attend school the probation officer lets him know that he wants him to mend that and to bring him a good report from his teacher. If it be during vacation and he is old enough to work, the probation officer learns from the child whether he is doing any work If not, the officer says, "Let me hear that you are doing something useful when you come to see me next week. There is something for every boy to do. The boy who does nothing is a loafer and is cheating all his brothers and sisters in the world of the food he eats. I don't care what the job is, but let me hear that you are doing something." When a child has shown himself incorrigible under the probation system and is beyond the control of home government he is then committed to some reformatory or home for wayward boys. In very many cases it is the parent who first despairs of controlling the boy at home, and it is the probation officer who stands by the child to the last to save him from the reformatory.

or not.

RESULTS OF THE PROBATION SYSTEM.

The best results of the juvenile court are the fruits of probation, the keystone of the system. Much might be said of the advantages of a separate court for children, but I would feel that the arch was not complete had probation been omitted from it or had probation proved a failure.

Since the juvenile court was started, July 1, 1901, there have been

brought before it up to the 1st of October, 1903, 2,243 cases of juvenile offenders. The disposition of these cases was as follows:

Committed to Home for the Protection of Destitute Catholic Children,

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Committed to the county superintendent of poor for commitment to other

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It will be observed that over one-half of the above cases were placed upon probation; but even that does not tell the actual facts, since the majority of those committed to institutions were placed upon probation repeatedly, and were committed after proving themselves incorrigible by milder measures. The 1,134 represent those whom probation has saved; who have taken to heart the lessons that probation was designed to teach, and who have earned an honorable discharge from the surveillance of the probation officers. They are the redeemed from error who have not offended after their first experience with the law. That so large a percentage of juvenile cases has been saved must, I think, occasion rejoicing in the heart of every thinking person. To me it is a source of never-failing comfort and encouragement.

TESTIMONY OF PROBATION OFFICERS.

It is the unanimous testimony of the probation officers that there is an immediate change in a child when he is placed upon probation. It is to be marked in his manner and even his dress. In almost every instance the child appears before the probation officer weekly with his hands and face washed, his hair brushed, and oh, marvel of improvement!-even his shoes shined. At first the child seems desirous merely to propitiate the influential being who can put him into jail any day by a word. Later he strives to command the approbation of the kindly man or woman who praises a boy who tries. Sometimes the seeds of character are sown in the three months of probation in which good habits are being cultivated. Many a child deemed by parents and

teachers incorrigible has, under this system, become an excellent pupil. Scores of boys, brought by their parents into the court to be dealt with for unruliness of spirit and depravity of behavior, have been brought by probation to permanent reform.

"I recall two instances which in my opinion would justify the probation system if it never did another bit of good," said Probation Officer Carr recently in the course of a conversation with me relating to the subject of probation. "They were two boys whose fathers brought them into the court to be sent away for truancy. The fathers were railroad men, earning $80 per month, but they could not manage those boys of 12 years. They were placed on probation and committed to my care. That was in 1901, and they have long been released from probation, but I have never heard a single complaint against them since and they live in my neighborhood. They are still in school and doing well, and their fathers are talking of sending them to college. And to think that a year ago they wanted to send those boys down."

"I find that probation sets the boys to thinking," is the testimony of Miss Montgomery, one of the staff of probation officers. "And what is of nearly as much consequence is, it sets parents to thinking also. They realize that if they do not take care of their children there are others who will. But when the boys begin to think, the work of reformation has made long strides. They don't know it, but they have begun to work out their salvation themselves. I have 47 boys to look after, and have only had two brought back for a second offense. We solve the problem of reforming the boys by teaching them to devote their spare time to something useful. It is harder with girls, for the reason that there is little for girls between 14 and 16 to do outside of their own homes. The only places where we could get work for them are just the places where they are not safe."

Mrs. Gaffney, another of the ladies on the staff of probation officers, had under her charge a lad of an adventurous and roving disposition. He was required to report to her every Saturday night. Recently he managed to beat his way in the early part of the week to Chicago, and toward the end of the week found himself unable to get back. Finally he went to a police station and begged the police to send him back to Buffalo before Saturday night; he had to be back there by that time, he said. "Why?" inquired the desk sergeant. "Because I want to see a lady," answered the lad. "What lady?" persisted the officer. “Oh, just a lady what was good to me once when I was 'pinched' in Buffalo," replied the little fellow. "She asked me to be sure and come and see her every Saturday night, and I'd like to please her." He got his ticket.

Many similar instances illustrative of the sincerity with which children conduct themselves under their parole could be cited, and the

H. Doc. 701, 58-2—3

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