STELZLE: _The Workingman and Social Problems_, pages 21-50.

MOORE: "Social Value of the Saloon," art. in _American Journal of_ _Sociology_, 3: 1-12.

MELENDY: "The Saloon in Chicago," art. in _American Journal of_ _Sociology_, 6: 289-306, 433-464.

CALKINS: _Subst.i.tutes for the Saloon._ _Regulation of the Liquor Traffic_ (American Academy), pages 1-127.

PEABODY: _The Liquor Problem: A Summary._

GRANT: "Children's Street Games," art. in _The Survey_, 23: 232-236.

PARTRIDGE: _The Psychology of Intemperance_, pages 222-239.

CHAPTER x.x.xIII

CRIME AND ITS CURE

259. =The Problem of Crime.=--Habitual self-indulgence is at odds with the idea of social control. The man who resents interference with his diversions and pleasures is disposed to defy law, and if he feels that society is not treating him properly he is liable to become a lawbreaker. This is one of the reasons for the prevalence of crime, which on the whole increases rather than diminishes, and is a factor of disturbance in city life. Statistics in the United States show that in thirty years, from 1880 to 1910, the criminal population increased relative to population by one-third. This is only partly due to immigration, nor is it mainly because a large majority of criminals escape punishment. Two facts are to be kept constantly in mind: (1) Crime depends upon certain subjective and objective elements, and tends to increase or decrease without much regard to police protection. (2) As long as there are persons whose habits and character predispose them to crime, as long as there are social inequalities and wants that provoke to criminal acts, and as long as there are attractive or easy victims, so long will thieving and arson, rape and murder take place.

The problem of crime is not a simple one. The individual and his family and his social environment are all involved and changes in economic conditions affect the amount of crime. The task of the social reformer is to determine the causes of crime and to apply measures of reform and prevention. The science of the phenomena of crime is called criminology, that of punishment is named penology.

260. =Its Causes.=--If there is to be any effective prevention of crime there is needed a clearer understanding of its causes.

Criminologists are not agreed about these; one school emphasizes physical abnormalities as characteristic of the criminal, another considers environment the controlling influence. The removal of physical defect has repeatedly made an antisocial person normal in his conduct, and it seems plain, especially from the investigations of European criminologists, that certain individuals are born with a predisposition to crime, like the alcoholic inheriting a weak will, or with insane or epileptic tendencies that may lead early to criminal conduct; but it is not yet proven that a majority of offenders are hereditary perverts. A stronger reason for crime is the unsatisfied desire or the uncontrolled impulse that drives a man to take by force that to which he has no lawful claim. This desire is strengthened by the social conditions of the present. In all grades of society there are individuals who resort to all sorts of means to get money and pleasure, and those who are brought up without moral and social training, and who feel an inclination to disregard the interests of others are ready to justify themselves by illegal examples in high life. Given a tenement home, the streets for a playground, the saloon as a social centre, hard, unpleasant, and poorly paid labor, a yellow press, and a prevailing spirit of envy and hatred for the rich, and it is not difficult to manufacture any amount of crime.

261. =Special Reasons for Crime.=--Certain special circ.u.mstances have tended to encourage crime within the last few generations. The freedom and natural roughness of frontier life gave an opportunity for lawlessness and appealed to those who are scarcely to be reckoned as friends of society. In the mining and lumber camps gambling and drinking were common, and robbery and murder not infrequent. The American Civil War, like every war, stimulated the elemental pa.s.sions and nourished criminal tendencies. Human life and rights were cheapened. The brute in man was evoked when it became lawful to kill and plunder. The moral effects of war are among the most lasting and the most pernicious. More recently the conditions of existence in the cities have generated crime and are certain to continue to do so as long as slums exist.

The liberty that is characteristic of America easily becomes license, especially if restraint has been thrown off suddenly, as in the case of the immigrant, or of the country youth arriving in the city for the first time and dazzled by the opportunities of his new freedom or with a grudge against society because it has not been hospitable to him.

The amount of crime is increased also by the constant increase of legislation. The social regulations that are necessary in the city tend to become confused with the more serious violations of the moral code, and because the first are frequently broken with impunity acts of crime seem less iniquitous. All these reasons help to explain the increase of crime in the cities. It is worth noticing that the blame for it is not to be placed on the immigrant. In spite of his misunderstanding of American law and custom, his overcrowding in houses and streets, his ill-treatment economically and socially, and his common disappointment and discouragement because his dreams of wealth and progress have not materialized, the immigrant as a rule is law-abiding when sober and is less responsible for crime than the degenerate American. It is important to remember that there is a constant inflow of undesirable elements of American population into the cities, as well as an influx of aliens from Europe. The proletariat is not all foreign.

262. =Measures of Prevention.=--Crime calls for prevention and punishment. Improvements in both are taking place. Various methods of prevention are being proposed and these should be considered systematically. The first step is to prevent the reproduction of the bad. It has even been proposed to take away the life of all who are regarded as hopeless delinquents. Less severe but still radical is the proposal, actually in practice in several States, to sterilize such persons as idiots, rapists, and confirmed criminals. The same end demanded by eugenics may be accomplished by segregating in life confinement all but the occasional criminals. A second step is the right training of children by the improvement home conditions, to include pensioning the mother if necessary, that she may hold the family together and bring the children up properly. The school helps to train the children, but industrial training is needed to take the place of the street trades.

A third step is provision for specific moral and religious education.

Many persons think that however good may be the moral influence of a school, there is need of supplementary instruction in the home and the church. In the school itself character study in history and literature helps, and attention to the n.o.ble deeds in current life; the introduction of forms of self-government and the study of the life and organization of society are also useful; but some way should be devised for the definite training of children in social and moral principles that will act as an antidote to antisocial tendencies.

Experiments have been tried in the affiliation of church and school, and it has been urged that the State should appropriate money for religious training in the church, but the objection is made that such procedure is contrary to the American principle of the separation of church and state. The need of such education awaits a satisfactory solution.

263. =The Big Brother Idea.=--The most hopeful method of prevention is to provide a friend for the human being who needs safeguarding. Many a grown person needs this help, but especially the boy who is often tempted to go wrong. The Big Brother movement, starting in New York in 1905, befriended more than five thousand boys in six years, and branches were formed in cities all over the country. In Europe the minister is often made a probation officer by the state, to see that the boy or youth keeps straight. In this country through the agency of court or charitable society in some cities each boy in need has his special adviser, as each family has its friendly visitor; sometimes it is a probation officer, sometimes the judge of a juvenile court, sometimes only a charitably minded individual who loves boys. Through this friend work is found, to him difficulties are brought and intimate thoughts confided, and the boy is encouraged to grow morally strong. The immigrant, whether boy or man, often ignorant and stupid, especially needs such friendly a.s.sistance. The Boy Scout movement may be extended, or a subst.i.tute found for it, but some such organization is needed for the immigrant boy and the native American who is compelled to rely on his own resources. The fear of the law is undoubtedly a deterrent from crime, but it is inferior to the inspiration that comes from friendliness.

264. =Educating Public Opinion.=--One of the important preventives of crime is work--steady, well-paid, and not disagreeable work, with proper intervals of recreation; added to this a social interest to take the place of the saloon and the dance-hall. With these belong improved housing, a better police system, and cleaner politics. The education of public opinion will eventually lead to a general demand for all of these. The press has the great opportunity to mould public opinion, but in its search for news, especially of a sensational character, it discusses crime in such a way as to excite a morbid interest in its details, and sometimes in its repet.i.tion, and the newspaper rarely discusses measures of crime prevention. Many believe that a large responsibility rests upon the church to educate public opinion with regard to social obligation. They declare that the people need to be taught that certain social conditions are turning out criminals as regularly as the factory machine turns out its particular product, and then they need to be aroused in conscience until the will to prevent the evil is fixed. The minister, priest, or rabbi is summoned by the age to be both a prophet and a teacher of ways and means to a people too often unheeding and careless.

265. =Theories of Punishment.=--The old theory of punishment was that the state must punish the criminal in proportion to the seriousness of his crime, and that the penalty must be sufficiently severe to deter others from similar crime. This primitive theory has been giving way to the new theory of reformation. This theory is that the object of arrest and imprisonment is not merely the safety of the public during the criminal's term of imprisonment, but even more the reformation of the guilty man that he may be turned into a useful member of society.

The reformatory method has been introduced with conspicuous success into a number of the American States, and is being extended until it seems likely to supplant the old theory altogether.

266. =Three Elements in the Method of Reformation.=--The reformatory system includes three elements that are comparatively new. The first of these is the indeterminate sentence now generally in practice in the United States. According to this principle, the sentence of a prisoner is not for a fixed period, but maximum and minimum limits are set, and the actual length of imprisonment is determined by the record the prisoner makes for himself. The second element is reformatory discipline. The whole treatment of the prisoner, his a.s.signment to labor, his partic.i.p.ation in mental, moral, and religious cla.s.s exercises, are all designed to stimulate manhood and to work a complete reformation of character. The third element is conditional liberation, or the dismissal of the prisoner on parole. According to this method, the prisoner is freed on probation, if his record has been good, before his full term has expired, and is under obligation to report to the probation officer at stated intervals until his final discharge. If his conduct is not satisfactory he can be returned to prison at any time. This probation principle has been extended in application, so that most first offenders are not sent to a penal inst.i.tution at all, but are placed on their good behavior under the watchful eye of the probation officer. Experience with the reformatory method shows that about eighty per cent of the cases turn out well. In the sifting process of the reformatory there are always a few incorrigibles who are turned over to the penitentiary, and most recidivists, or old offenders, are sentenced there directly.

267. =Helping the Discharged Prisoner.=--Two experiments have been tried to help the discharged prisoner and to improve the treatment of the juvenile criminal. It is a part of the reformatory system to prepare the way for a prisoner's return to society by teaching him a trade while in confinement, and finding him a place to work when he goes out, but under the old system a man was turned loose from prison with a small sum of money, to redeem himself, when he felt the timidity natural to an ex-convict and the stigma of his reputation, and in most cases took the easiest road and returned to crime. To aid him friendly societies were organized, and even now they prove necessary to get a man on his feet. The Volunteer Prison League was organized by Mrs. Ballington Booth to help in the reformation of men in prison and to aid them when they return to society, and homes have been established to give them temporary refuge. Through these efforts not a few criminals that seemed incurable have been reformed.

268. =The Juvenile Court.=--The juvenile court is the result of the enlightened modern policy of dealing with the criminal. It was the old custom to conduct the trial of the juvenile offender in the same way as older men were tried, and to commit them to the same prisons. They soon became hardened criminals through their a.s.sociations. But experience proves that with the right treatment a majority of those who fall into crime before the age of sixteen can be redeemed to normal social conduct. Experiments with boys showed that there was a better way of trial and punishment than that which had been in vogue, and the juvenile courts that they devised have been widely adopted.

The new plan is based on the principle of making friends with the boy.

Personal inquiry into the conditions of his life is made before the trial, then the judge hears the case in private conference with the boy, and after consultation gives directions for his future conduct.

It is plain that the right principle of dealing with crime is to secure the reformation of the criminal and the protection of society with a minimum amount of punishment. Retaliation is no longer the accepted principle; reformation has taken its place. Fundamental to all the rest is the prevention of crime by providing for the needs of children and youth. Methods of reform and reclamation are made necessary, because youthful impulses are not gratified in a way that would be beneficial, and habits are allowed to develop that lead to antisocial practices. Society can protect itself only by providing means for comfortable living, suitable employment, wholesome recreation, and social education.

READING REFERENCES

HENDERSON: _Cause and Cure of Crime._

WINES: _Punishment and Reformation_, pages 1-265.

BARROWS: _Reformatory System in the United States_, pages 17-47.

ELIOT: _The Juvenile Court and the Community_, pages 1-185.

TRAVIS: _The Young Malefactor_, pages 100-183.

CHAPTER x.x.xIV

AGENCIES OF CONTROL

269. =Characteristics of City Government.=--The activities and a.s.sociations of such large groups as the people who live in cities must be under social control. It is a principle of American life that the individual be permitted to direct his own energies as long as he does not interfere with the comfort and happiness of others, and in the country there is a large measure of freedom, but in the close contacts of city life constraint has to be in force. In contrast to the strict surveillance that is practised in certain countries, Americans, even in the cities, have seldom been watched or interfered with. The police have been guardians of peace and safety at street crossings and on the sidewalks; occasionally it has been necessary to arrest the doings of disorderly persons, to the annoyance of convivial spirits and small boys, but their functions as petty guardsmen have not given police officers great dignity in the eyes of citizens. City officials have confined their efforts to the routine affairs of their office, and have so often spent their spare time and the city's money freely for the satisfaction of their personal interests that munic.i.p.al government has gained the reputation of being notoriously corrupt, and has been left to ward politicians by the better cla.s.s of citizens.

Nevertheless, munic.i.p.al government represents the principle of control and stands in the background as the preserver of the interests of all the people.

270. =The Relation of the City to the State.=--The American city is almost universally a creature of the State. Town and county government were transplanted from England and naturally accompanied the settlers into the interior, but the city came as a late artificial arrangement for the better management of large aggregations of population, and the form and details of government were prescribed by State charter.

The State has continued to be the guardian of the city, often to the detriment of munic.i.p.al interests. If a city wishes to change the form of local administration, it must ask permission from the State Legislature, and every such question becomes entangled with State politics, and so is not likely to be judged on the merits of the question. Indeed, the whole history of city government condemns the intense partisanship that has directed the affairs of the city in its own interest when the real interests of all the people irrespective of party should have been cared for with business efficiency.

271. =Functions of the City Government.=--Among the recognized functions of the city government is, first, the normal function of operation. This includes the activity of the various munic.i.p.al departments like the maintenance of streets, the prosecution of various public works, and the care of health by inspection and sanitation. Secondly, there are the regulative and reformatory functions, which make it necessary to organize and maintain a police and judicial force and to provide the necessary places of detention and punishment. Thirdly, there are educational and recreational functions represented by schools, public libraries, parks, and playgrounds. The tendency is for the city government to extend its functions in order to promote the various interests of its citizens.

It is demanded that the city provide musical entertainments, theatres, and athletic grounds, that it open the schools as social centres and equip them for that purpose, that it beautify itself with the most approved adornments for twentieth-century cities; in short, that it regard itself as the agent of every kind of social welfare at whatever cost. Obviously, this programme involves the city in large expense, and there is a limit to the taxation and bonded indebtedness to which it can resort, but better financial management would save much waste and make larger funds available for social purposes without the necessity of raising large additional sums.

272. =How the Regulative Function Works.=--Doubtless it will be always true that the regulative function in its largest sense will be the main business of the city government. The interests of individuals clash. The self-interest of one often runs counter to the interests of another, and the city government is their mediator. At every turn one sees evidences of public oversight. The citizen leaves home to go to work in the morning. A sidewalk is provided for his convenience and safety if he needs or prefers to walk. The ab.u.t.ters must keep it in a safe condition; open coal scuttles, heaps of sand or gravel, or other obstructions must not remain there, and in winter ice must not threaten hurt. A street is kept clear for the citizen's carriage or automobile if he drives down-town, and a franchise is given a street-railway on certain conditions to provide cheap and rapid transit. For the convenience of the public the street is properly drained and paved, at night it is lighted and patrolled. No householder is permitted to throw ashes or garbage upon the public thoroughfare, no landowner can rear a building above a certain height to shut out light and air. The citizen arrives down-town. The public building in which he works or where he trades is inspected by the city authorities, the market where he buys his produce is subject to regulation, the street hawker who calls his own wares must procure a license to sell goods--law is omnipresent.

273. =The Police.=--The offender who violates city ordinances must expect to be arrested. Policemen are on the watch to detect such violations and promptly give warning that they cannot be permitted.

Repeated violation leads to arrest and trial before a police-court justice, with the probable penalty of a fine or temporary detention in jail. In case of serious crime, the trial is before a higher court, and the punishment is more severe. Such control is necessary for the preservation of order because there are always social delinquents ready to take advantage of too great freedom. A certain cla.s.s of offenses seems to require different handling. Moral obliquity such as the maintenance of disorderly houses is a corrupting influence, and the police departments of cities have frequently been charged with conniving at immoral practices. Police officials have been found to have their price, and graft has become notorious. For this reason a special morals police has been proposed to have charge of such cases, and experiments have been tried already on that plan.

274. =Organization of the City Government.=--(1) _In America._ The police department is but one of several boards or official departments for the management of munic.i.p.al affairs. The administrative officers are appointed or elected, and are usually under the supervision of the city executive. The usual form of city government is modelled upon the State; a mayor corresponds to the governor and a city council of one or two chambers usually elected by wards is parallel to the State Legislature. The mayor is the executive officer and the head of the administrative system, the council a.s.sists or obstructs him, appropriates funds, and attends to the details of munic.i.p.al legislation. Political considerations rather than fitness for office have usually determined the choice of persons for positions.

(2) _In Europe._ In Europe munic.i.p.al government is treated as a business or professional matter, not one of politics, and the results have been so much more satisfactory that American cities have begun to reform their governments. In England cities are governed according to the Local Government Act of 1888, by which cities of more than fifty thousand people become counties for administrative purposes, and control of administration is vested in a council elected by voters of the city. Councillors are regarded with high honor, but their work is a work of patriotism, for they are unpaid, with the result that the best men enter the city councils. Administration is carried on through various committees and through department officials who are retained permanently. In Germany the cities are managed like large households, and their officials are free to undertake improvements without specific legislative permission. The mayor or burgomaster is usually one who makes a profession of magistracy, and he need not be a citizen of the city that he serves. In administration he is a.s.sisted by a board of experts known as magistrates, who are elected by the council, usually for life. The council is the real governing body, and its members are elected by the people for six years, one-third of them retiring periodically, as in the United States Senate. The activities of the German cities are more numerous than in this country, yet they are managed economically and efficiently.

275. =Organizing Munic.i.p.al Reform.=--The earliest reform movements in the United States were spasmodic uprisings of outraged citizens who were convinced of the corruption of city government. Among the pioneers in organization were leagues of reform in Chicago, Baltimore, and Boston, organized between 1874 and 1885. In 1887 the Ma.s.sachusetts Society for Promoting Good Citizenship was formed. The weakness of the early movements was the temporary enthusiasm that soon died away after a victory for reform was gained at the polls; within a short time the grafters were in the saddle again. The year 1892 marked an epoch, for in that year the first City Club was organized in New York, followed by Good Government Clubs in many cities, and finally by the National Munic.i.p.al League in 1894. Two hundred reform leagues in the larger cities united in the National Reform League, with its centre in Philadelphia. After 1905 a new impetus was given to civic reform by the new moral emphasis in business and politics. Better officials were elected and others were reminded that they were responsible to the people more than to the political machine. An extension of reform effort through direct primary nominations came into vogue on the principle that government ought to be by the people themselves: that democracy means self-control. The extension of munic.i.p.al ownership was widely discussed on the principle that the people's interests demanded the better control of public utilities. There was apparent a new recognition that the city government was only an agent of popular control, not an irresponsible bureau for the enrichment of a few officials at the public expense.

276. =Commission Government.=--In a number of cases radical changes were made in the charter of the city. Galveston and several other Texas cities tried the experiment of subst.i.tuting a commission for the mayor and council. The Galveston idea originated in 1901, after a hurricane had devastated the city, and the mayor and aldermen proved unable to cope with the situation. Upon request of an existing civic committee the State legislature gave to the city a new charter, with provision for a commission of five, including a mayor who ordinarily has no more power than any other commissioner. Each man was to manage a department and receive a salary. In four years the commission saved the city a million dollars. Des Moines, Iowa, added to the Galveston plan the initiative, the referendum, and the recall, put in force a merit system for subordinate officials, and adopted the non-partisan open primary. These experiments proved so popular that in 1908-9 not less than one hundred and thirty-eight cities, including most of the large ones, proposed to make important changes in their charters, adopting the most prominent features of the new plan, or adapting the new to the old system.