Chapter XXII: Preface: To the Seventh Volume (21)

Besides its Farm Colony, Cleveland has established another,
somewhat similar, farm for boys. This, called Boyville, is 285
acres in extent, and the young delinquents sent to it live in
cottages, named Washington Cottage, Lincoln Cottage, etc.,
each with a motherly woman in charge. They are kept in
attendance at a school pursuing the same studies as in the
city schools; their big playground affords them all kinds of
healthful sports. They have horses, cattle, goats and dogs to
take care of, and they are drilled in a fire company which is
expected to protect the property of Boyville.

CRIME AND CRIMINOLOGY:
The Convict Lease System:
Its abolition in Georgia.

During the Civil War the Penitentiary buildings of the State
of Georgia, at Milledgeville, were destroyed, and for many
years subsequently the prevailing conditions were not
favorable to their replacement. There grew up, in consequence,
an evil practice of working convicts in chain-gangs, leading
finally to the leasing of such gangs to contractors. A
frightful brutalizing of all concerned in the operation of the
vicious system—convicts, overseers, and lessees alike—is said
to have been the result, as it could hardly fail to be. Within
late years public attention, in Georgia and outside of the
State, was increasingly drawn to the treatment and condition
of the chain-gangs, by shocking stories of barbarity and
depravity; yet the evil was hard to reform, because of the
profit which the State derived from the hire of its criminals.
Years of agitation and exertion by right-minded people in
Georgia were required to overcome the sordid influence of this
fact, and it was not until September, 1908, that the
Legislature, called in special session by Governor Hoke Smith
to deal with the question, passed an Act which brought the
lease system to an end on the 31st of March, 1909. Provision
was made at this important session for an establishment of
State farms on which convicts can be employed; for introducing
a parole system into the penological policy of the State, and
for the institution of juvenile courts. The legislative
session was a memorable one.

CRIME AND CRIMINOLOGY:
English Court of Criminal Appeal.

See (in this Volume)
LAW AND ITS COURTS: ENGLAND.

CRIME AND CRIMINOLOGY:
The English Prevention of Corruption Act.

The object of the English Prevention of Corruption Act, passed
in 1906, is to check the practice of giving and taking secret
commissions, which, as the late Lord Russell of Killowen
caused the country to realize, was widely prevalent in
commercial and professional circles, as well as in the humbler
sphere of the "servants’ hall." Before the passing of the Act,
of course, it was illegal to give and receive secret
commissions. After the Act came into force, it became
criminal. The provisions of the measure make it a
misdemeanour, punishable, on summary conviction or on
indictment, with fine or imprisonment—

(1) For any agent corruptly to receive any gift or
consideration for doing or not doing any act, or showing or
not showing favour or disfavour, in relation to his
principal’s affairs;

(2) For any person corruptly to offer such gift or
consideration to any agent;

(3) For any person to give to an agent, or for any agent to
use, any false or defective receipt or other business document
with intent to deceive the principal.

Two years after the Act came into force its effects were
discussed by a writer in the London _Times_, who said:
‘The circumstances that the fiat of the Attorney-General must
be obtained before any prosecution can be instituted under the
Act, and that, until recently, there was no organization
qualified to take active steps to prevent the Act from
becoming a dead letter, account for the comparatively small
number of cases in which proceedings have been taken under the
Act during the past two years. Fifteen prosecutions have been
authorized by the Attorney-General. In 12 cases there have
been convictions, one case has been abandoned, and two are
still pending. These figures show, at any rate, that
prosecutions are not lightly instituted, and that the charges
which have been preferred against offenders have been, as a
rule, well founded.

{171}

"It is undoubtedly true, in this matter as in others, that
‘everybody’s business is nobody’s.’ Soon after the passing of
the Act it was realized that, if it was to prove effective
‘for the better prevention of corruption,’ some organization
must be formed to give effect to the measure—to furnish
information in respect to its provisions, to investigate
complaints, and, if necessary, to institute prosecutions. A
society was formed, therefore, with the title of ‘The Secret
Commissions and Bribery Prevention League,’ to work on lines
similar to those of the societies which strengthen the arm of
the law so effectively in respect of cruelty to children and
cruelty to animals. … The committee has investigated a large
number of cases which have been brought to their knowledge,
they have given advice freely to members and others interested
in the working of the Act, they have issued thousands of
circulars and letters, as well as occasional ‘news sheets,’
they have made representations to the War Office and other
public bodies as opportunities occurred, and have summoned
various trade conferences for the consideration of points of
importance arising out of the Act. The value of the League’s
work is emphasized by the fact that the members include many
important limited liability companies and trade associations,
and that the League is becoming in a special sense
representative of the commercial community as a whole."

CRIME AND CRIMINOLOGY:
Indeterminate Sentence and
the Parole System of New York State.

The first provision in New York for indeterminate sentences
was by Section 74, Chapter 382 of the Laws of 1889, as
follows: "Whenever any male person over sixteen years of age,
shall be convicted of a felony which is punishable by
imprisonment in a State prison, for a term to be fixed within
certain limits by the court pronouncing sentence, the court
authorized to pronounce judgment upon such offender, instead
of pronouncing upon such offender a definite sentence of
imprisonment in a State prison for a fixed term, may pronounce
upon such offender an indeterminate sentence of imprisonment
in a State prison for a term with minimum and maximum limits
only specified, without fixing a definite term of sentence
within such limits named in the sentence, but the maximum
limit so specified in the sentence shall not exceed the
longest period for which such offender might have been
sentenced, and the minimum limit in said sentence specified
shall not be less than the shortest term for which such
offender might have been sentenced. The maximum term specified
in such indeterminate sentence shall be limited in the same
manner as a definite sentence in compliance with the
provisions of section six hundred and ninety-seven of the
Penal Code."

A Parole Board was constituted under this Act, composed of the
Superintendent of Prisons and the chief officers of the four
State Prisons.

"It will be noted that this law permitted the indeterminate
but did not abolish the definite sentence. Its provisions
applied to all classes of male felons over sixteen years of
age. No distinction was made between the first offenders and
the professional and persistent criminals. The court in its
discretion could impose either form of sentence on any
convicted male felon provided he was more than sixteen years
old. How general the preference of the judges was for the
definite sentence is shown by the fact that during the twelve
years that this law was in force approximately 13,000
prisoners were received at the prisons, only 115 of whom had
indeterminate terms. …

"As there were but 60 men paroled during the life of this
statute (1889 to 1901), there was naturally but slight
progress made during that period toward organizing,
systematizing and perfecting the parole system; but some
experience was gained and data secured that has since been
useful. …

"The Legislature of 1901 passed two important and effective
laws relative to the parole of prisoners which became
operative September 1, 1901. The first amended Section 74 of