Penal institutions

In Minnesota ['01 ch.232] a parole law relating to state prisons was passed. It authorized the managers to parole all convicts except those who have been previously convicted of a felony. Time convicts may be paroled after serving one half of their time, not counting any allowance for good time. By unanimous consent of the Board of Pardons a life convict may be paroled after serving 35 years, less the diminution he would be allowed for good conduct on a 35 years sentence. This law also forbids any paroled convict to exhibit himself for pay.

In Michigan ['01 p.391] the Legislature provided for submitting to the vote of the people in November 1902 a constitutional amendment permitting the Legislature to provide for indeterminate sentences. This state ['01 ch.73] also enacted that prison wardens must report to the governor at once all violations of rules or other misconduct of paroled convicts; and provided that a convict escaping from parole is to be treated as if he escaped from prison.

California ['01 ch.64] provided that life convicts shall not be paroled until the expiration of seven years of their term, and authorized the governor to revoke parole for misconduct.

Indiana ['01 ch.145] extended the indeterminate sentence law to women now serving fixed terms of imprisonment. Kansas ['01 ch.269] the governor was authorized to parole under certain restrictions prisoners confined in the state penitentiary.

Vermont ['01 ch.105] modified her laws relating to paroled prisoners, and enacted that such prisoners violating conditions of parole or laws of the state, are to be deemed escaped and liable to reimprisonment under the terms of original sentence. Formerly, after recapture, the prisoner was required to serve the term originally sentenced. This state ['01 ch.104] also authorized the prison commissioners to return inmates from the house of correction to the industrial school; and amended the law in relation to pardons so that it is now optional with the governor to refer applications for pardon or conditional discharge to the prison commissioners.

Probation. During the year two additional states (New York and Vermont) followed the lead of Massachusetts in the enactment of a probationary law. This law is now in effect in a number of states.

stitutions

The New York ['01 ch.372] law authorizes courts in all the Penal incities of the state having original jurisdiction of criminal cases to appoint probation officers, and authorizes these courts to suspend sentence or execution of sentence and place the prisoners in the custody of these officers. It is made the duty of the probation officers to investigate the antecedents and character of prisoners. Where the penalty is a fine, upon payment of the fine the prisoner is discharged. In other cases the court may discharge the prisoner for continued good conduct, or may terminate the probation and direct the execution of the sentence for misconduct.

The Vermont ['01 ch.106] law authorizes county courts to appoint probation officers to investigate the character and previous record of the accused and recommend probation. Under this law the court may pass sentence and deliver the prisoner to the probation officer on such conditions as it may prescribe. Prisoners are to report monthly to the probation officer of the county. On failure to do so or violation of parole, sentence may be executed.

Massachusetts ['01 ch.215] slightly amended her probation law by enacting that persons surrendered by probation officers shall not be permitted to go at large on further bail except by order of the justice who tried the original charge.

Convict labor. The question of convict labor received much attention and discussion during the year. It seems to be as far from a satisfactory solution as at any former time. In the southern and southwestern states considerable progress has been made in the abolition of convict camps and the cruelties and abuses almost invariably existing therein, and the employment of convict labor on state account. Very marked success has attended the establishment of convict farms in several of these states. Effort was made during the year to pass a federal law forbidding interstate commerce in convict-made goods. The bill failed of passage.

In New York the prisoners in the state prisons have had more work than at any time since the adoption of the present plan of convict labor. An increased number of jail prisoners in this state has been employed during the year in highway improvement.

Penal in

stitutions

Ohio ['00 p.122] appointed a commission to investigate the convict labor question, which made its report to the governor Nov. 15, 1901. Virginia ['01 ch. 242] appointed a like commission to report the best means for the employment of convicts, and also the effect of the proposed federal law forbidding shipment of prison-made goods from state to state.

California ['01 ch.112] forbade the employment of prison labor at stonecutting, except for prison use, and also made it a misdemeanor to sell convict-made goods unless specially authorized by law. This state also authorized the prison directors to buy state grown hemp for grain bag manufacture. Indiana ['01 ch. 264] forbade the sale within that state of convict-made goods, unless plainly marked "convict-made," and then only by persons having a license from the secretary of state, the license fee to be $500 and the licensee to give a bond of $5000. The penalty for violation of this law is a fine of not less than $50 or more than $1000, or imprisonment for not less than 10 days or more than one year, or both. The labor commissioner is to enforce the law.

Missouri ['01 p.125] enacted a law providing that county courts may work jail prisoners on roads or public works. When there are 10 prisoners the law is mandatory. South Carolina ['01 ch.374] directed the superintendent of the penitentiary to hire out to the counties, to work on highways and sanitary drainage, convicts not needed on the state farms, and authorized cities, towns and villages in counties with no chain gang to organize such gangs to work on streets. Alabama ['01 p. 196] amended her convict labor law so that now 20 (formerly 50) convicts may be hired out to one person or kept at one prison. Tennessee ['01 ch.160] authorized prison commissioners, with the approval of the governor, to farm out state convicts to a railroad corporation constructing a line from state coal lands to Nashville; the railroad to make a satisfactory contract with the state for hauling coal for 10 years after completion of line. North Dakota ['01 ch.198] authorized an issue of $210,000 of bonds to operate a twine and cordage plant in the state penitentiary, and provided regulations for the disposal of the prod uct of this industry.

Tuberculosis. In Alabama ['01 p.194] a law was passed requiring the inspectors of convicts to establish a separate

ing

camp for convicts having tuberculosis. In New York provision Intoxicatwas made for enlarging the state prison hospital at Clinton liquors prison with a view to a more perfect isolation of convicts affected with tuberculosis.

Criminal insane. In New York the new hospital for insane criminals at Dannemora was completed and opened. New Hampshire ['01 ch.21] provided that a criminal pleading insanity may be committed to a state asylum for examination. Nebraska ['01 ch.37] enacted that the physician of the state penitentiary, the superintendent of the state hospital and the secretary of state shall constitute a board to act as a medical board to pass on the sanity of convicts and consign insane to insane hospitals. Commutation. Pennsylvania ['01 ch.133] adopted a new law relating to commutation of sentence. This law provides that, with the approval of the board of managers and by direction of the governor, convicts may earn commutation of sentence as follows: first year 2 months, second year 3 months, third and fourth years 4 months, succeeding years 5 months. The law was made applicable to the present inmates of the prisons of the state.

Pardons. Missouri ['01 p.178] authorized the governor to appoint a pardon attorney for 2 years, at a salary of $2000. North Dakota ['01 ch.34] enacted that the attorney general, the chief justice and 2 qualified electors appointed by the governor shall constitute a Board of Pardons to act with the governor. West Virginia ['01 ch.87] amended the law of 1899 relating to the duties of the Board of Pardons.

Matrons. California ['01 ch.231] passed a ['01 ch.231] passed a law requiring sheriffs of counties having a population of 50,000 or over to appoint matrons for the county jails, and requiring legislative bodies in cities of over 15,000 inhabitants to appoint police matrons. Indiana ['01 ch.132] passed a similar law applicable to counties having a population of 50,000 or over.

INTOXICATING LIQUORS1

W. E. SCHENCK LL.B. NEW YORK STATE EXCISE DEPARTMENT

Legislative action relative to the liquor traffic for 1901 clearly indicates an intention to subject the business to such moderate restrictions as have heretofore proved effectual in 'See also Comparative Summary and Index, 1901, no. 58-125.

Intoxicat

ing liquors

limiting the number of places for traffic and locating them where the least harm can result and where they can be kept under surveillance. The imposition of excise taxes or license fees as the initial step toward this accomplishment, having intrinsic virtues, continues to receive legislative approval.

Slight changes have been made in the method of collecting excise taxes and issuing licenses, the tendency being to vest such powers and duties in the courts1 or high officials2, to afford interested parties opportunity to object to the issuance of licenses, to establish a fixed date for the payment of excise taxes either annually or semiannually and to provide just arrangements for the transfer of the privilege purchased.7

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Traffic near schools, soldiers homes, Indian reservations,10 construction gangs,11 mines in operation, 12 and state house premises13 has been further restricted or permitted as circumstances seemed to warrant. Traffic in disorderly or gambling places is also prohibited.14 Traffic with habitual drunkards,15 charity wards, 16 Indians,17 women,18 and minors19 also received consideration. In one instance the latter themselves become criminals for remaining in places where the traffic is carried on, 20 but another statute imposing criminal liability on minors. is repealed.21

Local option as a compromise with prohibition retains its popularity. Existing statutes relating to it have been reenforced, with a view of giving stability to election results22 and of preventing evasions of law through transactions not necessarily amounting to sales within prohibited districts, such as where orders for liquor are only solicited23 or where liquors are delivered C. O. D.24 or otherwise.25

Drastic means of investigating unlicensed traffic in such local option towns as well as elsewhere in disregard of license laws are being adopted. The right to search for and seize liquors without warrant elsewhere than in private dwellings or licensed places is being extended in several localities.26 Furthermore, not only the possession of such liquors 27 but even the possession of a United States internal revenue stamp is being declared28 prima facie proof of unlawful traffic.

Except in a few instances fines and penalties have been increased, although still trivial in some localities, and we find one provision for cumulative penalties for second and subsequent29