CRIME AND ITS CURE.

Dominion, Volume 3, Issue 921, 14 September 1910, Page 7

CRIME AND ITS CURE.

IS GAOL CONTROL LAX?

EMPLOYMENT OF PRISON LABOUR.

POWERS OF JUDGES.

" MONETARY ASSISTANCE TO

MOTHbRS

There, was no sitting of ; the Legislative Council yesterday, but members will re-assemble to r day.,, In the House of : Eepre.sentatives tho Gaming Bill."was introduced, but copies, of . the 'measure were not available. Most of tlio afternoon and evening sittings ' were taken up w-ith :a'discussion on the"' prison reform proposals contained . 'in the Crimes Aot Amendment, Bill, ' which; lias';not- yet passed its second reading.., • Towards the close Jof.i thf! evening isittingßill.pro T viding for Stato aid in maternity cases; : whete -ithej parents'; joint income > does, not exceed <2200 was introduced. ' : .

THE HOUSE.

GAMING 6ILL. ■ Tlio Gaming Bill was. introduced and . rcftd a. first tlmo." -.'.' ;."• ' ~ In'- reply, to. Mr; :Horrics, The PEDIE MINISTER stated that he - proposedto set up -a- special;'. committee' ■'. to the:; Bill;. - :'«ie.; measure-,.was. set down for its second reading pro forma - to-morrow. ' V OUR PENAL SYSTEM. ' NEW PROPOSALS DISCUSSED. , In-inoviiig : the, second .reading .' of the - Crimes 1 -Amendment Bill-V - The: Hon. G.FOWLD3 said that.tho measure was made the more necessary '.'because-: it dovetailed- inwwith the ,work already,, being (ione by . tho; .industrial : schools and the hpspitals; '~lt tpo'.early to .-.what'-wast the ' of ; ther>application-of-the:.indeterminate sys- : temMn-industrial(schools, /but it, had' cor-; tainly • had a beneficial • effoct, on-inmates of /the. institutions. He - believed the .-House'; and-.,the people thought: - there was a:' need.-:for this; reform in ' the ..- penal ■ 'system. : ¥7;: - -'ft.-'/''" No Molly-coddling, The crux of tho Bill ivas the extension of .theprinciple of the indeterminate sen- ; tencb. Industrial tho ■ cause- .of most crime.-la< addition / to hereditary eftect, environment, deficiency of .education and drink' wero contributory ■ factors.: i Only - when - reform' was out - of: , the' question should ' repressive, measures. "bo brought to bear. It was estimated in -New. Zealand that 53 per cent, of the were l'ecidivists.: A:6pecial fe'ature'Jof; the, system, would ho the classifi- .. .cation'";pf' tJie.. prisoners: ~and-".'a variation '-. of ithe' reformative' treatment. .The;-idea of it was to place a prisoner's fate measurably. in his own hands and-fit him phjr- , and.; morally'. as ■a . respectable, citizen. "-The proposed treatment Tvns not in ariy;"'sense. of, the ."molly-coddling" kind.. No- ;-strongerinduooment; to reform could;'.be .-offered .a prisoner , than early, release. ;'.He believed that the percentage ' of., recidivistswas increasing > in.overjr, It- was: also, avfactl that' thero. 'was less' .inclination on tho ;.part; of people to-prosecute. These things showed that 'the - old- system of'treatment had been '/to';some "extent : a failure..} Only i per cent (of- the inmates at ."Elmira," New jihad -returned to ,crime -as - far-i as is "was }kcovD,--ivbilst : Wvper-- cent- had •. aiter-: words; done well .for-themselves.Jlifasfr, ithing: like , as. good Results could vbV.do'■tained,''in' ls 7 ew; Zcaland it would be, an enormous gain. At present it was hard .'taf 'get .exaofc.: results -.as; regards ricrime .•:ift«WßffZealaiidr!i Somo'iof-.thesi/ffirst-. . offenders":■■ln".- New;.^Zealand,''might.'!have" ;bee'n,:;,'Mhvictedxpf;..OT in' : :Australia':,andi.vice ,yei;sa..'.:. r/ Thbvratio..of, ■increase; in i New . offenders was greator,.than ,tli6 -jncrease.in populatiou. No fiExtra -;;Cost, Involved. ': t Many pother - reformatories' on- the: same; .''lihis' ,: aS;;the'::Elmira.institution -had been established; in Atnerica. - The new pricon near Te Kuiti would accommodate ■: 200; : prison(jrs at the -As a' result '.-..bf.'itne'.^cticalvtrai'nihg'i'whicU.-'the'prisi; oners would'; receive .there, they would be" able upon their release to go on the' :landvand.make: a: success of tarm 'life. -EequeSts. for release would be dealt with every.'thr<e months, and the 'case of every pri!;oner would -be reviewed- annually by/ a board.; . : The nwuber of con-' . irfrth«-v"Ma'glslSates ,; !..Cburts?,-lasfe' ~'yjiir': totalled .over 30,000, whilst the total ; number', of convicted • persons : for . both the ; Supremo; Courts and the Magistrates' ■J.Courts'.was; only a''little ; 'over ; :sooo., This '.6HSwed''thiit , ':the "number, of, habitual;'of-' feeders: in" regard to minor 'ofTences was very?large:."'- -There--was-reaeoh -to'hope could-be put into' operation without any ;.additional ' cost- - to', the country. -;' v \ j ■''-''-'I. '-;; Criticism by Mr; James Allen. :

Mr. JAS. ALLEN ; (Bruce) said ■thought -the Bill shottld go to the Statmtea'Eeyision;i knew.;,it-had beeni Tw£oiß.;,tlie:'committee;, in''another place. XXXr-'XIX.X 1 'X' l, '!;X ; Mr. Fowlda-. ;"! propose to refer tl«i Bill'. - , to the. Statutes -■• Revision Commit tee."

Continuing, Mr. Allen said he proposed to support the second readme. Every iprisonerr should be . given \ a chance, but that 'mV attempting to, do this /there would be no molly-coddling. It iwould be injurious to tako away the fear iof punishment"' ''altogether. If the bene-: [fits, to "bo rcoeived; Were to bs anything Oike in; proportion to the. money spent, ■ the j!isj.stem.'"'sttourd:'bß''supported.'''-'.■•The; ■referencewhich MrX-Fawlds had. made to ; : the>EJmira - institution." Vas 'hot satja-' ■ ifac.ferjj-'' inasmuch;'.'ids.' prisoners ; of''all /classes not' inoarV ..'ceratedvin tiat institution. ';' He,thought 'it take', our lessflc ■■from 'the newer prisons of the United |States.;X:>He.'thonght''further,' arguments ishould bo adduced to, justify the ■ projposal that; summary' conviction might in? lolude reformative' detention '■ Under the !proposals ' criminals : would; be : taken', out jof. the evil environments -of the . cities. iHe-could not, however, agree with the extension in the direction of; these men ■beuig etisaged.in taking up country in ithe/n'orth. anil'.'oultivating.it . for fruit jfarm's, ;; .' In' addition, he' understood some .'.of the farmors were .tb be' taught, skilled ■ trades.'.' There ; might :be 'some; special: ■ cases ' where: trades . should': bo '.' finished .off,' but to make the teaching of skilled trades general, was a most , difficult matter.' He was very strongly opposed to all.'the. members : of the proposed board beilig. drawn from the Civil; Service. ; ' Root of the Evil Untouched. ; !

Mr. E. H. \TAYLOR (Thames)' urged that classification'- and; reformative treatmerit: . were all. .very'" jfallj; but they did not renoh the. root of the evil.

Mr. -HANAN .(.linvercargill) argued that a reduction in the amount of crime could "be;.effectedif- tile physical and, mental . characteristics tliit were l cdmnlonto un/ruly children : were ascertained. ■Mr; HOGG (Masterton) held that there wore few real criminals m New Zealand, also that' there .would be a great reduction in the amount of crime if the Government paid 'more 'attention to' the' wants and requirements of the working' classes.

, Alleged Laxity of Control. Mr. ARNOLD (Dunedin Central) statefl : in the course of his remarks : - that the system . of control in. the prisons was more lax now than 'during any period • of;the history of New Zealand. Mr. Laurenson: Question." . . ..- Mr.' ATnold: Well, I'have gone fully into the matter. Mr. vlFisher': From what date are you referring?" '' ' Mr. Arnold: During the past two years. Continuing his remarks, ' Mr. Arnold stated that the'prisoners .were now commanding .the gaols instead'of the warders. The Department did not wish that

it. should bo known that thero was. any misbehaviour in- the prisons. "Instead of, prisoners being punished for their misconduct, it was overlooked. -'From the-gaoler? down to th« wardbre tlio position - Vr'as known. ' Tho prisoners only stated that: they could nowadays insult Lhe warders and do other'' things which two , or three years ago would not. have been permitted, because they know the ! officers would not report them. ;lt would bo found before long that the prisoners wero commanding the .institutions;.' Mr. Arnold, continuing, said that the Service was composed of men who 'were euthusiastio in "their •••work; . who thoroughly -understood discipline, and >vho were desirous to assist th« Administration in anything-that might be'done. He would Admit that as regards the servico many disabilities had been, removed during the past. ten years. Still further improvements should be, made.. He wished to know what (ho' Government purposed doing on behalf; of the service. Under the new scheme was it proposed to get'a more export class of Official?. If thfc.pri'sobers 'were to be required.tto manufacture:, various articles, tho ..•■ manufactures would have to hii soiil wttliiU the Dominion, i That nnd othor matters woul'd requiro very careful consideration. Value of Trades in Gaols, . Mr. POOLE (Auckland, West) emphasised tho need for prisoners to be put to trades' which had a productive value. Those under lock and key'should not.-be looked upon as idle and useless subject;);: Mr. J. C. THOMSON (Wallace) urged that 1 a. medical. inspection of. the sojioul childi-e.u would -exjioSo criminal, tendency and enable; steps.'.to" be taken at tho.earl-. ipst moment to combat its growth. .. . Mr. ■ LAURENSON -: (Lyttelton) said that Mr. Arnold had blundered in "stating ' that thero had been any relaxation tin discipline/in'tho' prisons. . To his mind ; the prisoners; fared. very hard, but no harder than' they deserved.* Tho statement that tho gaol officials were afraid to report prisoners: was a ci'iiel slander.. : Mr. Arnold: I did not, say. "afraid.''.., Continuing, jilr. Laureiison pointedl fa the .fact that been a'decfeaso in ,;tlre: number., of prisoners.in NewZea. land.":' • ■/>■■■ - '■ ' ',

:"By "way.. .of, personal - explanation, Mr, Arnold; said,'that .what lie, h'ad' itimarked was that : tho'service knew that' the de.sire', of, its head' was that reports of punishihdnt should net appear in annual re. ports,'-arid, that: .they; discouraged them •reporting .cases. of misbehaviour. ' ,: Vlews-of Mr. T. E. Taylor. Mr. T. 13. TAYLOR (Christchurch Korth). referred ,to the.,largo part .wbiph '.drink played ,in- with crime, and every; disease, that affected the body politic. He .looked' more to reform by the abolition.l of the .liquor, traffic 1 than by*, any : amendments, to i the Crimes Act. He did 'not'; see why tho i ' magistrates, should lie given the power to convert a sentence of tlireelmonths ;into'-''dne of three; years for refbrniativev: purposes. There was ' a natural tendency on tho part of oiiiclals: ; to .become callous.' Common juries, down verdicts which were uncontaminated. by officialdom. ;Ho !was opposed ,to the provision which pro'yided that a..constablemight-, arrest Without',warrant' anyone • whom •he had reason • to . believe -had 'not. observed, tha. conditions of his probation license. There was 'the "spirit of Werigeance in the clause which proposed that ,a prisoner' was, to 'be molested whilst :ho .was . under a .probation . license., ■ He wished to refer ; ; to v another matter,.. In 'allVcases .'persons..':before' trial, .were;.not jalways treated "as if, they .were innocent. Uhtil; anyone was 'convicted,: he ' ui.. she should be treated, in the sanie. jvay 'a? anyone, would. be - treated:' in an ordinary busiiie33 transaction. ; .' ;

Judges and Their Powers. -v.-V Mr.VIGC® BROWN (Napier) said., Hat he ■'■ approved of ■ the new;, proposals. . He had noted- that -some■'.-members'- had -objected • to the. powers ; which it; was,'proI posed- toplace; • in;, jih'e ;>b&nds >$.-jn>jigfe» 'trates...- What might' b'e'''Said..-ini-'regard; to'judges? Only' thi» other,day in- Auck-'. Mand the"' Chief Justice . had - allowed -a prisoner-"but;. on.' probation.; only ..on- coii-. : aition that; he,.was;ubt;ciiit after eight, o'clock, or did not smoke ;oi- drink' for two years.. (Laughter.) : vMr: MasseyrTne'judgb has. no'..right to keep'-. a' ; man: in ;his/,house ,at'ter. eight o'clock. . .■.■- ;■ " Mr.'./Hanan: Ho", might just, as well be in gaol. "'-V 1 -.:■- :■■■■ Continuing his remarks, Mr. -- Brown skid" that 'such a 'sentence must interfere, with a nmn in regard to/his\work.; Why,■ under that regulation tho man would -not bo allowed to go to' church. - (Laughter.) Ho (Mr. Brown) did not profess to kuow the facts of fclie cose;:' \VJiat r ho'-'wanted to"': know was •'. whether the privileges given: to' judges.' lyere in tho: riglit ' direc,tion... "When a man was smoking he was occupying ; himself in some ;.way,;; if he was not 3moking;ho. might be;scratching his',.head/.or .biting -this .-nails, or. getting into ' mischief. (Loud laughter.). ' s" Use of Prisoners on Fruit Farms. The Hon. T. MACKENZIE,"Minister for Agriculture, denied that he had ever said that prisoners would 'do the work in con-;, nection with making fruit farms for sottiers. The Government had'not yet coino' 'to any definite, conclusion, on the subjebt. Some of the lands on which it was suggested fruit, far'ms i.inight- be; established were so" poor' that it'.would hardly.-be' possible to. pay. full - wages and bring the land into "a'state of production. There' was another matter which he would like to put right.. iA' statement which he had ' made to the. . deputation hadY"\been - wrongly . - : construed ■ ,to mean that thb Government intended to establish,'largo: nurseries ; and by giving -fruit-trees free to settlers interfere with' the living of. nurserymen. ■ "What'he had suggested was that in ' some cases the Government might be able to see its' way to give for, limited areas freo .fruit treeis, free and''soma" assistance- in' connection 'with'.the labour. • .'<! -: Mr. ST ALIAV OETUY (Kaipara) thought the great question was how were' tho prisoners to be employed. Ho would not debar them from making 'fruit, farms. Judges and Their Decisions. , • . i . i'Mr.,:BUSSELIi.', (Avon) thought, tlie'l powers ofthe ' m'aristrate 'should'."end , where the magistrate considered a prima facie case baa- been mado put. If what Air. .'■ Brownhad: said '. in regard to a judge ordering that ■ a man should not go put after'B p.ni; and should not smoke for a period of _ two years was-, correct, hethought tho 1 judge . had exceeded his ■ powers. • . . - S." ; '. V Tho SPEAKER reminded .Mr. Russell; that he must not comment ■ adversely lon a judge .of the., 1 Supreme Court. \ ';

Mr. Russell-: remarked that . he had .'iotidhd extreme/variations in , the sen-' tenoeS'"imposed-;' by .-'different judges and. where 'it .was' for. these variations in decisions < to be noticed it 'was tho duty tif '.Parliament us far as possible to lay down lines on' which judges, should. proceed. Remarks by Mr, Massey. . Mr. MASSEr ifibugiit it\was 'right to." 'give encouragopient. and assistance to prisoners whoshowed' any tendency to-re-form.. He. had supported the tree-plant-ing camps, and he thought this form of treatment should be encouraged--more than in the past. He thought ''a judge of the Supremo assisted by a jury or. not, was not likely to make any mistakes in administering Clause 3. At the same time,, he .might say that if a judge had admitted a prisoner to probay tion and had imposod the condition that the man should not smoke for two. years, this was going too far.. He objected to. Clause 4, which gavo. magistrates power to order a man to be detained for up to three years'for reformative treatment. As far as .he could understand, there, was no appeal from the:decision, and ho.was not going to agree to this. It appeared to him that the proposed' Prison Board would require to bo travelling most of its time unless there was a board in each centro. One of the weakest points in tho prison system ■ was that- there was insufficient classification. In the tree-plant-ing camps, he had been told by:an ex-, prisoner l of his acquaintance, that, there was much room for. improved classification. .There wcis plenty of room for extending the scope of tree-planting. When he was through Central Otago. recently he had been struck by the timberless land, and he thought prisoners could, not

I bo employed in hotter .work .than in treeplanting on- the Central Otago Plains and on the plains in from Rotorua. Value of Eugenics Theory. Referring to the indeterminate sentence, Mr. Mnssey said indeterminatesentence men had come to consider themselves', aristocrats of tho criminal'world, jdiid some of th 6 weaker-minded men seemed to look up to these mon, ' The greatest difficulty to.be got over in. the matter of reform was . heredity, Which was much more difficult to deal with than the alcoholic trouble referred to earlier in the debate. In many in-' stances. heredity was' impossible to fleil with," and the time was coming when we would have' to deal with this mattbr much more drastically. He believed the Eugenics- Society was working in the right direction. Another trouble to be guarded against was tho making of prisoners too comfortable, . and tempting a certain class to gaol. Some: Other Speakers. Mr. LUKE (Wellington Suburbs) agreed that : the tree-planting could be extended with advantage. Another branch of employment could bo the manufacture of bricks to be used in the erection ,-of the' new Parliament buildings. ' . . * The 1 Hon.' T. Y. DUNCAN (Oamaru) 'ield . that the prisoners should be set to plant'.- more' extensive areas of timber trees in both islands. • ' \ Mr. H'LAREN (Wellington East) thought the p'bwers proposed! to bb given to judges and magistrates were in some instances too drastic. Mr.f 'j HEKEIES , (Tauranga) thought that a prisoner should have the right to appeal against the decision ;of a magistrate,: as in tlio 'case of the indeterminate sentence. He also, thought' all' prison officials' Bhoiild be exblu'ded. from- the hoard. ; At midnight;. the debate was adjourned until to-day. 4 . TARANAKI SCHOLARSHIP ENDOW. r : . MENTS. ; , The Taranaki- /Scholarship Endowment Bill,- which was introduced and read a first time, provides that'in future the Taranaki Scholarships' Endowments shall, be administered by the Land' Board. At present ' the lands are administered by the Public.-Trustee, who "has, however, not sufficient powers of administration. It is proposed .that'the revenue shall,bo :paid'over to tho Public, Trustee and devoted as provided ,by statute; V i-. - ' •

STATE AID IN MATERNITY CASES,

.The Hospitals , and- , Charitable ' Aid Amendment Bill, which was also brought down, -provides 'that it will' bo the duty of' Hospital .Boards' in wrtaiii cases' to supply ; medical . attendance to r married women ,in child-birth. Application' for such attendance shall be marie' not later than one' iuonth beiore' the 'date of-', the' birth, and shall be accompanied by u declaration that the combined ihconies of the woman and her husband did iiot exceed iKOD. during the preceding' twelve months. 'All expenditure in, this regard shall carry douole; the rate of subsidy i'or levies frein, contributory ■ local au-' thoiitiesMn' -respect of''expenditure other than' capit-al expenditure. . Where a registered imjdirife"-is,.-required td' obtain' the assistance of a * medical practitioner the fees shall be a p'ayable' as if - the ' doctor had been called in. by' the'patient. The board.; is. to have .control of infectious disease 'cases.

THE TOBACCO AMENDMENT,; BILL; .In moving the second ' reading of: the Tobacco Amendment Bill ; i' The' Hon. Q. FOWLDS stated ,that it was proposed that imported' manufactured tobacco might be. warehoused in a bonded tobacqo' factory to be there cut upland,paeked. A similar.provisionivois in force in Australia; It', tto'uld afford employment;for a large liumbor'bf peo- : pie.\ 1 ' ;The ; second; reading ' agreed' to.'; ■' -CANTERBURY COLLEGE BILL. The, Canterbury , College and Canterbury Agricultural. College . Amendmerit : JgilJ a third time., ;. i4®K?,[l|oW{'theh'(o.2o a'.ni;) 'adjourned;, MEIKLE CASE REVIVED. A petition was-.p'resented'.to Parliament yesterday by Mr. R.; A.' WrightV'M.P., on behalf'of -Jj'.'J. Meilde.,;-; The petitioner asks that the recommendations of . .the Royal Commission:in "tho'lleiklo case/ be .given effect"to, and th&t compensation be; allowed-for the wrongs 'ho has suffered.